Technology & Marketing Law Blog

OCTOBER 17, 2023

But if you really want Kiwi Farms gone, have you considered using copyright law for its censorial power? on Kiwi Farms” in April 2019. The court says the defendants waived any fair use defense by briefing it inadequately. Yet, we should be careful celebrating copyright’s censorial powers.

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Copyright Law Copyright Law Copyright Infringement 115

IPilogue

FEBRUARY 28, 2023

The conflict of laws has often resulted in interesting dilemmas for courts where precedent cannot be readily applied, necessitating a case-by-case approach. In 2011, to enforce the decision in the States, De Fontbrune brought the case to California who ruled in Wofsy’s favour in 2019.

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Fair Use Copyright Copyright Infringement Copyright Law 105

IP and Legal Filings

APRIL 19, 2022

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957.

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Copyright Law Copyright Law Copyright Infringement 97

IP and Legal Filings

JANUARY 2, 2025

Copyright law is in charge of controlling how literary, artistic, and theatrical works, among others, are used. The law of copyright regulates the activities of copying and disseminating the words of someone who has copyright over something online without that person’s consent.

Social Media 97

Social Media Copyright Fair Use Intellectual Property 97

Technology & Marketing Law Blog

MAY 17, 2024

First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. But it won on a different and, in many respects, much broader legal theory: conflict preemption with copyright law.

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Blogging Contracts Fair Use Copyright Law 130

Intellectual Property Law Blog

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. Perlmutter, et.

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Copyright Copyright Law Artistic Work Artwork 147

SpicyIP

JULY 29, 2021

Firstly , education , which is not only a copyright exception but a fundamental right under Article 21A, is imparted outside of government-owned institutions as well. According to the AISHE Report 2019-20, 66.3% To put things in perspective, even the most IP-friendly jurisdiction of US in Cambridge v. Bench decision).

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Copyright Reporting Fair Use Copyright Law 119

Patently-O

AUGUST 31, 2021

SAS argues that it made a “plethora of creative choices” in developing its material, and that creativity is more than sufficient to satisfy the originality requirements of copyright law. Thus far, the courts have disagreed with SAS and rejected its copyright assertions. 621 (2019). 571 (2019).

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Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

Copyright Lately

AUGUST 22, 2021

Back in May, I wrote about an overzealous copyright infringement lawsuit filed by Rachel Dolezal , the woman best known for mispresenting her racial background. The complaint raised concerns that Dolezal was using copyright law to purge the historical record of her controversial past, while seeking substantial monetary damages in the process.

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Copyright Fair Use Designs Design 93

Copyright Lately

DECEMBER 29, 2021

Instead of directly deciding whether the Java API declaring code copied by Google to create its Android smartphone platform was even subject to copyright protection in the first place, the court shoehorned the copyrightability question into a fair use analysis. Wilmott Storage Services.

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Copyright Fair Use Social Media Copying 120

Olartemoure Blog

JANUARY 18, 2023

She countersued for copyright infringement declaring that the paintings weren’t transformative. . In July 2019 a District Judge in Manhattan stated that Warhol’s works were of fair use, but in March 2021, a three-judge panel in the New York Court of Appeals for the Second Circuit, reversed the ruling and sided with Goldsmith.

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Copyright Artwork Copyright Infringement Fair Use 98

TorrentFreak

JULY 26, 2023

Cinematograph (Amendment) Bill 2019 The Cinematograph (Amendment) Bill 2019 was introduced to amend the Cinematograph Act, 1952 , which contained provisions for the certification of films for exhibition and for regulating exhibitions of those films.

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Copying Fair Use Cinema Reporting 98

SpicyIP

JULY 5, 2021

The RTI application was filed in 2019 in response to which the CPIO made the assertion that the scholar has a patent in the USA, on the invention discussed in his thesis. But did he actually have a patent granted in 2019 (as stated by the CPIO) for an invention disclosed in a thesis that was published the same year?

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Patent Application Invention Confidentiality Copyright Law 131

Technology & Marketing Law Blog

MARCH 29, 2023

Copyright Office on July 29, 2017. In 2019, he had a simple website that included a “Where We Work” page. Screengrabs from October 29, 2019 from the Wayback Machine. By November 21, 2019, the image is no longer included in the Wayback archive of that page. It took 13 steps/documents to complete.

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Blogging Fair Use Copyright Copyright Notice 105

IP and Legal Filings

OCTOBER 12, 2023

However, in this context, the ingredient list, and the process — shall not fall under the shelter of copyright protection only the creative delivery and the images used to showcase the preparation of the recipe shall be protected by the medium of copyright laws in India. NMIMS Law Review. 2019, July).

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Copyright Intellectual Property Ownership Fair Use 98

LexBlog IP

JUNE 10, 2022

Goldsmith , the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law. The photographer, who had only been aware of one of the 16 images in the series, argued that Warhol had committed copyright infringement. Understanding the Fair Use Doctrine.

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Fair Use Intellectual Property Copyright Copyright Infringement 52

Above the Fold

APRIL 4, 2022

On Monday, March 28, the Supreme Court agreed to hear a copyright case about Andy Warhol’s artwork that will evaluate the scope of the fair use defense, which permits a party to use a copyrighted work without the owner’s permission. The Supreme Court will now determine whether Warhol violated copyright law.

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LexBlog IP

APRIL 4, 2022

On Monday, March 28, the Supreme Court agreed to hear a copyright case about Andy Warhol’s artwork that will evaluate the scope of the fair use defense, which permits a party to use a copyrighted work without the owner’s permission. ” But the U.S. .”

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Art Copyright Fair Use Artwork 52

The IP Law Blog

JUNE 15, 2023

In 2019, the Ninth Circuit had previously found mostly in Zillow’s favor as to an earlier trial and had reversed and remanded the case back for further proceedings. Supreme Court’s 2019 decision in Fourth Estate Public Benefit Court v. On June 7, 2023, the Ninth Circuit issued its opinion in VHT, Inc. Zillow Group, Inc.,

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Copyright Registration Licensing Derivative Work 98

IP and Legal Filings

JULY 21, 2022

If copyright protection is applied rigidly, it will hamper progress of the society. However, copyright laws were enacted with necessary exceptions and limitations to ensure that a balance is maintained between the interests of the owners and of the community. No educational institution applied for any licenses till now.

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Copyright Licensing Higher Education Copying 98

Michael Geist

DECEMBER 3, 2024

Unlike the NY Times, which focused on both the inputs (the materials used to train ChatGPT) and the outputs (allegations ChatGPT occasionally provides copyright infringing results), the Canadian claim only target the inputs with no allegation that ChatGPT results are infringing. which used WebText , a data set that traces back to 2019.

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Settlement Copyright Licensing Copyright Infringement 112

SpicyIP

FEBRUARY 28, 2025

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Though a recipient of widespread international popularity for its cost-effectiveness in accessing varied entertainment, news and sports content, the use of IPTV technology has always been clouded by legal challenges.

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IP Copyright Infringement Copyright Copyright Law 59

Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

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Blogging Copyright Contracts Cease and Desist 98

IP and Legal Filings

JANUARY 22, 2024

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. India first witnessed its own Copyright Act in the year 1847, which was drafted under the British Rule.

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Ownership Copyright Fair Use Intellectual Property 52

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. 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. 29, 2013), [link]. [ii] 277 (2020). [iv]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Velocity of Content

AUGUST 13, 2024

However, adopting a more systematic program of creating or adapting curriculum materials for an entire district or school highlights some important questions about schools’ and school districts’ rights and obligations under copyright law. While uncommon, publishers have sued school districts for copyright infringement.

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Copyright Public Domain Fair Use Licensing 52

IIPRD

APRIL 8, 2024

This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

Art 52

Art Artwork Intellectual Property Copyright Law 52

LexBlog IP

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. Perlmutter, et.

Copyright 52

Copyright Copyright Law Artistic Work Artwork 52

Kluwer Copyright Blog

JUNE 30, 2021

In February 2019, Tamita Brown, Glen S. The United States District Court for the Southern District of New York (‘District Court’) held that the defendants’ use of the song was fair use and granted the motion to dismiss the claims. Photo by Geoff Gill via Pixabay. Chapman, and Jason T. Netflix , Inc. ).

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Fair Use Copyright Law Copyright Law 105

IIPRD

JANUARY 28, 2023

In the case of electronic information, it is difficult to judge “fair use,” gain access to, and maintain control over the infringement of copyright law. It is extremely difficult for a person who owns copyrights to identify the individual who has used their work. Privacy Laws and Bills. Banisar, D.

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Privacy Government Intellectual Property Fair Use 52

SpicyIP

JULY 22, 2023

However, here too it is unclear what this means as only the legislature can modify the law, while the ministries / departments can at most put together committee reports or recommendations. The report states that there are no copyright laws right now that would provide protection to any wholly AI generated model or creation (Page no.

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IP Intellectual Property Reporting Government 98

SpicyIP

FEBRUARY 27, 2024

More recently in 2020, Sankalp Jain discussed the copyright challenges in “Dreams,” a video game enabling user-generated content, arguing for the Indian copyright law’s limitations in addressing the the issues around the fan-made creations within the game.

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Non-Fungible Tokens Copyright Business Moral Rights 59

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

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Derivative Work Copyright Law Copyright Law 111

SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression?

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Fair Use Copyright Reporting Licensing 116

LexBlog IP

JANUARY 5, 2022

In this case, the Supreme Court of Texas held that a government entity may reproduce, display, and utilize a copyrighted work for its own benefit without paying any compensation to the copyright owner. a ‘creature of statute law.’” 641, 659 (2019), aff’d on other grounds 971 F.3d 1073 (2019).

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IPilogue

JULY 18, 2022

Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use. As an avant-guard artist of his time, Warhol used the mechanical process of copying to challenge the conventional notion of art. Copyright, in the simplest terms, is “ the right to copy.”

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Copyright Law Copyright Law Art 111

IP Intelligence

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.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S.

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