Copyright Lately

DECEMBER 29, 2024

Many rulings missed the mark, but these five went the extra mile to secure their spots as the year’s worst copyright disasters. Hello and welcome to Copyright Latelys fifth annual countdown of the years biggest copyright misfires from coast to coast. Fair Use Declawed. For that reason, Prepared Food Photos v.

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Copyright Social Media Cease and Desist Fair Use 118

IPilogue

OCTOBER 26, 2021

Supreme Court on October 7, 2020. copyright law. It is arguably, as Stanford law professor Mark Lemley coined it, “ the copyright case of the century. ” . It is composed of two phases centering on two legal issues that were trialed separately—the copyrightability of APIs and the fair use doctrine.

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The IPKat

DECEMBER 21, 2021

This review of Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty by Tito Rendas, is brought to you by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales. In April 2020 and February 2021 two substantial new contributions to this debate were published.

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TorrentFreak

JANUARY 17, 2024

is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. Acuff-Rose sued members of hip hop group 2 Live Crew, claiming that their track “Pretty Woman” infringed the label’s copyright in the Roy Orbison song, “Oh, Pretty Woman.”

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TorrentFreak

APRIL 23, 2024

Lawsuit and Appeal Internet Archive believes that its approach falls under fair use but publishers Hachette, HarperCollins, John Wiley, and Penguin Random House disagree. They filed a lawsuit in 2020 equating IA’s controlled digital lending operation to copyright infringement.

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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. Instead, Common Crawl, a non-profit started in 2007, did.

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BYU Copyright Blog

OCTOBER 7, 2024

Internet Archive's Fair Use Defense Falls Short Fair Use,Literary Works,Infringement Found October 07, 11:03 AM October 07, 11:03 AM On May 15, 2024, we published a post about an important legal dispute between the Internet Archive (IA) and the publisher Hachette, along with other major publishers (the Publishers").

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The IP Law Blog

NOVEMBER 30, 2023

Ross Intelligence Inc will provide guidance for similar AI training/copyright infringement cases and, as a bonus, it provides a bit of clarity (or muddies the waters… depending on your point of view) in the application of a post-Warhol fair use defense. These are the basic facts underlying this lawsuit.

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Technology & Marketing Law Blog

MAY 17, 2024

But it won on a different and, in many respects, much broader legal theory: conflict preemption with copyright law. A Brief Recap on Contract Preemption To appreciate the significance of this opinion, let’s revisit the law of copyright preemption. The Copyright Act includes an express preemption clause, 17 U.S.C. §

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TorrentFreak

MAY 27, 2024

These will, in large part, determine to what extent AI companies can use external sources to train their models, and when or if compensation is required. Books3 In several cases, the defendants stand accused of using the controversial ‘Books3’ dataset without permission.

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Copyright Infringement Copyright Fair Use Copying 128

TorrentFreak

FEBRUARY 23, 2022

“In 2021, Reddit received 177,450 copyright notices reporting 920,672 pieces of content. This represents an increase of 104% from 2020. “In 2021, Reddit permanently suspended 2,813 users and banned 2,625 subreddits for excessive copyright infringement,” the company writes. . under the doctrine of fair use.

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IIPRD

MARCH 5, 2025

Blog sought to study global moves or court cases that have taken place regarding uses of copyright in made-always-with-an-AI creation and provide discussion over possible solutions to the future of intellectual property laws. Copyright Act regulates the works which are created by humans only.

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Copyright Lately

DECEMBER 29, 2021

Remembering another frustrating year with a countdown of 2021’s most unsatisfying copyright rulings. I don’t know about you, but my 2021 actually made 2020 look pretty, prettay, prettaay good by comparison. This was the year we actually had to try to pretend everything was back to normal when, frankly, it was anything but.

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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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IPilogue

DECEMBER 9, 2022

In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of the tattoos. . § was released.

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TorrentFreak

JANUARY 29, 2024

However, the Internet Archive (IA) sees things differently, believing that the ‘Great 78 Project’ is fair use. copyright law. Specifically, IA argues that many of the works should be removed from the lawsuit, as the labels failed to take timely action following a cease and desist letter the RIAA sent in 2020.

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Kluwer Copyright Blog

OCTOBER 3, 2023

In addition, the origin of the data used to train LaMDA ( here ), the language model behind Google Bard, includes the C4 dataset. The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d

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IP and Legal Filings

JULY 31, 2021

Its large-scale use of energy and less reliance on renewable sources only garnered 10% of the power supply in 2020 with its planning to switch on to renewable sources by 2048. The use of AGL’s logo cannot be, in any case, termed as fair use as the logo was primarily being used for defaming the reputation and making it ‘toxic.’.

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TorrentFreak

APRIL 11, 2023

In 2020, the RIAA infuriated many players in the open source community by targeting YouTube-ripping tool youtube-dl. Uberspace Responds to Court Verdict For starters, Pasche still doesn’t believe that it’s clear that youtube-dl violates copyright law. GitHub initially complied but later changed course.

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Copyright Lately

SEPTEMBER 8, 2024

Internet Archive (read the opinion here) , the court dealt a decisive blow to the Internet Archive, ruling that its practice of scanning and lending digital copies of books doesn’t qualify as fair use under the Copyright Act. At least, that was the idea. On September 4, the Second Circuit affirmed. For research.

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Kluwer Copyright Blog

JANUARY 9, 2023

Goldsmith: The Supreme Court Revisits Transformative Fair Uses by Pamela Samuelson. Supreme Court ruled that Campbell’s creation of a rap parody version of a popular Roy Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message.

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Copyright Lately

APRIL 3, 2023

The future of “controlled digital lending” is in doubt after a court rules that the Internet Archive’s online library is not protected by fair use. In March 2020, the Covid-19 pandemic closed libraries nationwide and, by IA’s estimate, took 650 million print books out of circulation.

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Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. This left only the fair use defense remaining for the jury.

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TorrentFreak

JANUARY 29, 2024

However, the Internet Archive (IA) sees things differently, believing that the ‘Great 78 Project’ is fair use. copyright law. Specifically, IA argues that many of the works should be removed from the lawsuit, as the labels failed to take timely action following a cease and desist letter the RIAA sent in 2020.

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Music Cease and Desist Copyright Copyright Law 109

Kluwer Copyright Blog

NOVEMBER 15, 2022

Recent appellate decisions in the United States have recognized expanded grounds for personal jurisdiction in cases of internet-based copyright infringements; divided on the extent to which the three-year statute of limitations limits damage recoveries; and increased the occasions for motions to dismiss on the ground of fair use.

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Copyright Fair Use Copyright Infringement Ownership 64

TorrentFreak

JULY 26, 2023

. ” The proposals stated that violations would be punishable by a prison term of up to three years, a fine, or both The bill was the subject of a Standing Committee Report published in March 2020. ” Image credit: Pixabay / igorovsyannykov From: TF , for the latest news on copyright battles, piracy and more.

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Copying Fair Use Cinema Reporting 98

Barry Sookman

SEPTEMBER 5, 2021

v Zead, 2020 BCSC 2145 “privacy is not a freestanding right specifically mentioned in the Charter. European Commission airs out new IoT device security draft law – interested parties have a week to weigh in [link] 2021-09-03. That is why…s… [link] 2021-09-02.

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The IPKat

SEPTEMBER 14, 2023

S Jacques, The Parody Exception in Copyright Law (OUP:2019), 11. More correctly, commentators have indicated that ‘pastiche is close to parody, since both signal that a borrowing has been made, but pastiche relies more on imitation whereas parody aims to adopt a critical stance towards the original work.’ (S

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Copyright Derivative Work Copyright Law Law 91

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. This marks the Supreme Court’s second foray into copyright fair use in two years after decades of silence on the matter. Understanding the Fair Use Doctrine.

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JIPL Online

MARCH 19, 2021

On November 11, 2020, the Amazon-owned live streaming platform Twitch quietly published a post titled “Music-Related Copyright Claims and Twitch” to the site’s official blog. [i] million in 2020 from more than 55,000 subscribers. [x] Background.

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Technology & Marketing Law Blog

MARCH 29, 2023

The CCB in the Final Determination sidesteps that issue, and looks to Prutton’s two defenses: fair use and unclean hands. Fair Use: From my perspective, the fair use analysis is what I’ve been waiting for. As part of the law, that is what they are supposed to do. 2020), cert. Nation Enters.,

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TorrentFreak

MAY 15, 2023

.” Official content creator uploads aside, regular users of YouTube upload content they’re supposed to own, and from there, YouTube monetizes it within the boundaries of licensing agreements and broader law. When copyright holders report uploaded content as infringing, YouTube follows the DMCA and takes the content down.

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IP and Legal Filings

JANUARY 8, 2023

Music as well as the movie industry are two common industries that face copyright issues on a day to day basis. The Copyright Act of 1957, protects indegenious artistic, musical, literary and dramatic works as well as original sounds recording and cinematograph films from unauthorised use. Image Sources : Shutterstock].

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Kluwer Copyright Blog

JANUARY 16, 2024

Meta further elaborates that “Books” comprises the text of books from two internet sources: (1) Project Gutenberg, an online archive of approximately 70,000 books that are out of copyright, and (2) the Books3 section of ThePile, a publicly available dataset for training large language models.

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JIPEL Copyright Blog

APRIL 28, 2021

In fact, at the very start of lockdown in March and April 2020, Archive of Our Own (AO3), a very popular fanfiction site, found that their weekly site visits had gone up 60% from the same time the previous year. This is not to say that fanfiction is a new phenomenon, however. Colting , 607 F.3d 3d 68 (2d Cir. Salinger’s Catcher in the Rye.

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JIPEL Copyright Blog

MARCH 21, 2022

scene in the past, things seemed to come to a head in November 2020 when Nintendo sent a cease-and-desist letter to the Tournament Organizers (TOs) of the Big House, an upcoming streamed Melee tournament, and subsequently forced them to cancel the event. While Nintendo has waffled on its support for the Smash Bros. Super Smash Bros.

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Intellectual Property Law Intellectual Property Cease and Desist Law 59

Kluwer Copyright Blog

MARCH 1, 2023

Ordinarily, authors who write parodies look to copyright limitations and exceptions to protect their rights. In the United States, the doctrine of fair use has been held to permit parody in uses ranging from rap music to children’s books. These fair use rights, the courts have said, have their roots in the U.S.

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