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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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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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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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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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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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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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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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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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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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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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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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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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

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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TorrentFreak

APRIL 27, 2022

Over the years we’ve published thousands of articles on copyright law, from how it works in theory to its application in full-blown lawsuits. But other copyright disputes, where infringement isn’t so obvious, can trigger new complexity and polarized legal opinions. But would that be illegal under US copyright law?

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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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The IPKat

OCTOBER 14, 2024

Comment Does the Supreme Court’s decision introduce a fair use defense, which is not provided for in German and EU copyright law? Based on the court’s judgment, copyright holders arguably consent to any use of their works that is customary and reasonably foreseeable. 5 InfoSoc Directive redundant?

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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

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. The local news could then take photos of the shirt to use in a story about what a lousy dad I am. You get the idea. Paging Section 113(c).

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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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SpicyIP

AUGUST 30, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? In this guest post , Pragya Jain offers an independent analysis of the law in relation to comparative advertising and nominative fair use and applies it to analyse a recent YouTube commercial by Domex, a Hindustan Unilever Ltd. Other posts.

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Technology & Marketing Law Blog

APRIL 1, 2023

March, 13, 2023): on February 4, 2020, Bar-Z submitted a DMCA notification to Google Play and Apple that App Star’s applications needed to be taken down. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. BONUS 2: Barz Adventures Inc.

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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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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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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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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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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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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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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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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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Copyright Lately

NOVEMBER 24, 2024

As I’ve written before , Miley Cyrus’s “Flowers”—a textbook example of an “answer song” in response to “When I Was Your Man”—almost certainly qualifies as a fair use of Bruno Mars’s original. In 2020’s Tresóna Multimedia, LLC v.

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