TorrentFreak

JULY 26, 2023

So-called ‘cam’ copies appear online within hours of movies first appearing in theaters, yet as piracy releases go, cams are unique in their ability to disappoint just about everyone. Certain amendments proposed to the 2019 bill ( pdf ) recognized the growth of piracy in India and specifically targeted ‘cam’ piracy.

Copying 69

Copying Fair Use Cinema Reporting 69

IP and Legal Filings

JULY 21, 2022

Among the other solutions, the most easy and feasible way to come out of the problem of unavailability and unaffordability was to start copying the books, study materials, and video lectures with the help of different mechanisms. The exceptions in fair dealing have been stated in general terms and the list is not exhaustive.

Copyright 90

Copyright Licensing Higher Education Copying 90

JIPL Online

MARCH 15, 2021

3] The suit alleged that Sherlock Holmes’ character traits of warmth and empathy were copied and not yet in the public domain, as these traits only developed in later works that are still protected by copyright. [4] 14] Before lawyers got involved, pressure from the photographer resulted in the granting of a licensing fee. [15]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

TorrentFreak

MAY 8, 2023

Adjusted for inflation, imported Japanese N64s changed hands for the equivalent of $1,400 in today’s money; a copy of Super Mario 64? Imported into the gray market in Europe, US cartridges were cheaper than their Japanese counterparts. A snip at $165. An emulator reference, presumably.

Copying 122

Copying Copyright Licensing Fair Use 122

LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. ” (S.

Fair Use 52

Fair Use Licensing Art Music 52

Intepat

APRIL 23, 2021

Google petitioned the US Supreme Court to hear the case in the 2019 Term but was heard in April 2021 due to the Covid-19 Pandemic. Brief Background: Android which is owned by Google LLC used Java’s Application Programming Interfaces (APIs) for building their Android Operating System for Mobile devices from 2005.

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Copying 52

LexBlog IP

JUNE 10, 2022

The US Supreme Court in March decided it will revisit a dispute over pop artist Andy Warhol’s images of Prince. Goldsmith , the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law. Understanding the Fair Use Doctrine. Oracle America, Inc.

Fair Use 52

Fair Use Intellectual Property Copyright Copyright Infringement 52

SpicyIP

JULY 29, 2021

Limitations on storage of copied works in digital formats. According to the AISHE Report 2019-20, 66.3% Historically, the exceptions for teaching, education and research have never been qualified by the nature of ownership of the institution where the use of the work is carried out. Bench decision).

Copyright 119

Copyright Reporting Fair Use Copyright Law 119

IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. Damle introductory statement, Tr.

Fair Use 40

Fair Use Licensing Music Art 40

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions.

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Registration Fair Use Copyright Designs 113

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

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Fair Use Derivative Work Blogging Licensing 96

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

Copyright 57

Copyright Copying Music Fair Use 57

IPilogue

OCTOBER 28, 2021

In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. The Act defines a “useful article” as having a utilitarian function, which encompasses most clothing. Scary Issues with Licensing and Trademarks.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

SpicyIP

MAY 2, 2022

You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? This agreement was for a period from 1 st July 2019 to 30 th June 2022. In response the Defendant claimed, “ fair use” and “ de minimis” use. Akshat Agrawal.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

The IPKat

FEBRUARY 3, 2023

On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe. In 2019, however, two new mandatory EU-wide exceptions for TDM were adopted as part of the DSM Directive [I analyze and discuss them in detail in my Commentary here ].

Government 141

Government Related Rights Copyright Law 141

SpicyIP

JULY 5, 2021

The appellant sought a copy of a PhD Thesis titled “Studies on some nitrogen fixing genes of Azotobacter vinelandi” from Jamia Millia Islamia, a central university and public authority for the purposes of RTI Act. Degrees) Regulations, 2016 which mandates the submission of an electronic copy of the Ph. Background.

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

Kluwer Copyright Blog

FEBRUARY 2, 2023

.” (For a comment, see here ) The DABUS team (the Artificial Inventor Project ) starting testing copyright law back in 2018, seeking to register with the US Copyright Office (USCO) A Recent Entrance to Paradise , an image created by DABUS. Registration was refused in August 2019, in line with previous US case law and guidance.

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Copyright Art Fair Use Registration 145

JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. This is demonstrated by corporations repeatedly using memes and meme culture, albeit to varying degrees of success.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

SpicyIP

JULY 22, 2023

July 2019: Artificial Intelligence Committee Reports by Ministry of Electronics and Information Technology Keeping in mind the possible impact of AI on the economy and society, the Government of India sought to come out with a policy framework for AI.

IP 98

IP Intellectual Property Reporting Government 98

43(B)log

AUGUST 12, 2021

IP derives much of its value from opportunity to license, so it often makes sense to think of reasonable royalty as a cognizable harm. By contrast, elsewhere it might not make as much sense to think of the problem as a lost opportunity to license, e.g., the listing of someone as a terrorist. Collected 330 cases 2000-2019.

IP 89

IP Licensing Law Reporting 89

IP and Legal Filings

JANUARY 22, 2024

Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. It creates ‘Secure Distribution’ of content which generally use encryption and digital watermarks (Pandey).

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Technology & Marketing Law Blog

MARCH 29, 2023

In 2019, he had a simple website that included a “Where We Work” page. Screengrabs from October 29, 2019 from the Wayback Machine. Prutton admitted to copying and said that his adult daughter had helped him with his website. (A Copyright Office on July 29, 2017. A typical thing that happens in our world).

Blogging 96

Blogging Fair Use Copyright Copyright Notice 96

43(B)log

AUGUST 3, 2023

Michael Carroll (w/ Peter Jaszi), Fair Use After Google and Warhol Codification is a big deal; clarifies that fair use is a distinct doctrine, whereas well into 20th century courts were using it as noninfringement. Courts weren’t using four factors before that. We don’t even get into the market stuff.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

Kluwer Copyright Blog

JANUARY 16, 2024

Rather than being programmed in the traditional way, a large language model is “trained” by copying massive amounts of text and extracting information from it. Books3 is a dataset of books derived from a copy of the contents of the “ Bibliotik private tracker ”. This body of text is called the training dataset.

Derivative Work 131

Derivative Work Copyright Infringement Copying Copyright 131

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). In the aftermath of cases like Authors Guild v.

Copyright 136

Copyright Copyright Law Fair Use Law 136

Copyright Lately

DECEMBER 28, 2022

” But in McGucken , the court denied summary judgment, not only as to the server test, but on Newsweek’s implied license and fair use defenses too. Simply put, the ruling calls into question the ability of tattoo owners to control the right to make or license realistic depictions of their own likenesses.

Copyright 83

Copyright Art Licensing Social Media 83

Technology & Marketing Law Blog

DECEMBER 11, 2023

Rather, the quoted language came from an SDNY decision ( Tommy Hilfiger Licensing, Inc. 2d 410, 414-415 (SDNY 2002)) that the Supreme Court expressly used to “offer as one last example” of “a case with a striking resemblance” in which the Rogers test was cabined. 2294 (2019). at 156 (citation omitted)”). Tam , 582 U.S.

Blogging 113

Blogging Trademark Branding Brands 113

Copyright Lately

MAY 21, 2021

In 2019, Dolezal, then represented by notorious copyright troll Richard Liebowitz, filed a lawsuit against the publisher of Paper Magazine for using a photo from her Instagram account in a story. CBS’ use of her photo almost certainly qualifies as fair use, if she even owns the copyright in the first place.

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

LexBlog IP

JANUARY 5, 2022

But the Texas courts found no taking, reasoning that nothing was taken from the photographer as he still had the right to use, and license others to use, his photographs. 641, 659 (2019), aff’d on other grounds 971 F.3d The government is not using the patent, but the patented technology. 1073 (2019).

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

LexBlog IP

NOVEMBER 30, 2022

Claire Germain, a US law professor, wrote a 2019 article comparing French and US intellectual property law on the question of recipe rights. And one should understand that so listening is just a warm-up to the next Supreme Court case that will wrestle with what constitutes fair use and what counts as transformative work.

IP 52

IP Intellectual Property Fair Use Trademark 52

SpicyIP

DECEMBER 30, 2023

This will potentially impact the copyright licensing landscape insofar as filmmakers will have to enter into dedicated agreements to claim protection for works not listed within the scope of Section 17. Microsoft Technology Licensing v. the licensee. The judgement was authored by Justice C. Telefonaktiebolaget LM Ericsson (PUBL) v.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit involves sound recordings of 19 interviews that then-President Trump voluntarily gave to Woodward between December 2019 and August 2020, plus one interview from 2016 (when Trump was still a candidate). Simon & Schuster, Inc. 3:23-cv-02333 (N.D. complaint filed Jan. Rural Telephone Service Co. ,

Copyright 120

Copyright Blogging Publishing Fair Use 120

LexBlog IP

APRIL 20, 2022

As described here in a previous post: The United States Court of Appeals for the Second Circuit rejected an artistic intent or purpose test for fair use on March 26, 2021, in The Andy Warhol Foundation v. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. at 7-9) were transformative.,”

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52