LexBlog IP

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § ” But the existence of commercialism and website advertisements is not, and should not be, a death knell for a successful fair use defense.

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Technology & Marketing Law Blog

FEBRUARY 24, 2022

[I published this post initially on the Association of Research Libraries blog in celebration of Fair Use Week 2022. Publishing these materials can create substantial legal risk for research-focused bloggers, including the risk of copyright infringement. 2020 WL 1990866 (S.D.N.Y. 2020 WL 5441291 (S.D.N.Y.

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IPilogue

OCTOBER 26, 2021

The decade-long dispute between Google and Oracle over computer code’s copyrightability finally came to an end on April 5, 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. ” . Photo by Intepat ( INTEPAT ).

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Copyright Infringement Copyright Fair Use Settlement 111

Plagiarism Today

OCTOBER 4, 2022

This prompted Alexander to file a lawsuit against Take-Two, claiming copyright infringement of her work. He called an earlier decision in the case one of the 5 worst copyright decisions in 2020 and, with the jury verdict, called it a loss for bodily autonomy and free speech.

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Copyright Fair Use Licensing Copyright Infringement 207

LexBlog IP

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.

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Copying 52

TorrentFreak

FEBRUARY 23, 2022

For the purpose of this report, however, we’ll home in on the copyright issues faced by Reddit during the last year and how the site responded to them. Copyright Removals. “In 2021, Reddit received 177,450 copyright notices reporting 920,672 pieces of content. This represents an increase of 104% from 2020.

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Copyright Infringement Copyright Copyright Notice Reporting 102

IP and Legal Filings

FEBRUARY 15, 2023

The availability of a large variety of information has also increased the risk of Copyright Infringement due to its easy accessibility and dissemination. This has led to varying degrees of copyright infringements in this digital era.

Copyright Law 92

Copyright Law Copyright Law Social Media 92

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. ” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Live Crew used it anyway. .”

Copyright 112

Copyright Derivative Work Fair Use Reporting 112

TorrentFreak

MARCH 21, 2023

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Mass Copyright Infringement or Fair Use? As such, they want it permanently taken down.

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Publishing Copyright Fair Use Copyright Infringement 134

Plagiarism Today

OCTOBER 13, 2022

Supreme Court Tackles Andy Warhol Copyright Dispute. In 1984, Lynn licensed one of her photographs of the musician Prince to be converted into a painting by Warhol for Vanity Fair magazine. However, after Prince died in 2016, it was revealed that Warhol actually made an additional 14 prints using the photograph.

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TorrentFreak

JANUARY 11, 2024

The cases allege that tech companies, including Meta and OpenAI, used the controversial Books3 dataset to train their models. It was created by AI researcher Shawn Presser in 2020, who scraped the library of ‘pirate’ site Bibliotik. For example, the authors alleged that Meta trained its AI on copyrighted works without permission.

Fair Use 130

Fair Use Copyright Infringement Copying Copyright 130

IP Watchdog

MARCH 5, 2023

The Copyright Claims Board (CCB) has issued its first final decision since it was established by law in December 2020, finding in favor of a photographer who claimed a lawyer infringed his copyright by displaying one of his photographs on his law firm website.

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Copyright Fair Use Copying Law 128

Plagiarism Today

AUGUST 2, 2021

1: Manhattan Judge Rejects ‘Server Test’ for Internet Copyright Infringement. District Court Judge Jed Rakoff has issued a controversial ruling denying the “server test” of copyright law and ruling that embedding images can be an infringement of copyright law. ” As such, Warner Bros.,

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Copyright Infringement Copyright Law Licensing Reporting 246

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 57

Technology & Marketing Law Blog

OCTOBER 25, 2023

In the early days of the pandemic, tattoo artist Cramer created this tattoo and tattooed it onto her husband: The tattoo depicts Joe Exotic of Tiger King “fame,” a can of Lysol, some coronaviruses, and the words “Quarantine 2020.” Instead, she gets a 12(b)(6) dismissal based on fair use. Or the $50k.

Blogging 85

Blogging Copyright Fair Use Copyright Infringement 85

TorrentFreak

AUGUST 13, 2023

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Mass Copyright Infringement or Fair Use? The Internet Archive has no such license.

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Publishing Copyright Copyright Infringement Copying 76

JIPL Online

APRIL 9, 2021

Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] ii] Existing copyright law is ineffective in its application to new forms of digital media. i] Memes are also a form of communication that distinguishes generations.

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Copyright Infringement Copyright Intellectual Property Blogging 98

IP and Legal Filings

JANUARY 8, 2023

When someone violates a creator’s exclusive rights to a piece of work, they are engaging in copyright infringement. Music as well as the movie industry are two common industries that face copyright issues on a day to day basis. In contrast to patents, copyright safeguards expressions rather than ideas.

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Copyright Copyright Infringement Music Copying 78

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.

Copyright 112

Copyright Fair Use Social Media Copying 112

TorrentFreak

MARCH 11, 2024

Books3 was created by AI researcher Shawn Presser in 2020, who scraped the library of ‘pirate’ site Bibliotik. After pushback from rightsholders and anti-piracy outfits, Books3 was taken offline over copyright concerns. Through the lawsuit, the rightsholders demand compensation in the form of actual or statutory damages.

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Copyright Infringement Copying Fair Use Copyright 97

Copyright Lately

AUGUST 22, 2021

Recent decisions suggest courts are losing patience with those who bring dubious copyright infringement claims as part of their business models. Back in May, I wrote about an overzealous copyright infringement lawsuit filed by Rachel Dolezal , the woman best known for mispresenting her racial background.

Copyright 90

Copyright Fair Use Settlement Designs 90

Copyright Lately

SEPTEMBER 12, 2022

Exploring Section 113(c) of the Copyright Act, an underutilized defense that could have changed the outcome of a recent infringement case. There’s a provision of the Copyright Act that provides a simple and straightforward defense to an entire category of infringement claims. 17 U.S.C. §

Copyright 95

Copyright Derivative Work Artwork Fair Use 95

Technology & Marketing Law Blog

JANUARY 22, 2022

The IP arm of the Jehovah’s Witnesses (the “Watch Tower”) claimed that one such video, the “Dubtown Video,” infringed its copyright by incorporating snippets of its videos. The court says the Dubtown video wasn’t copyright infringing because of fair use: Purpose/Character of Use.

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TorrentFreak

JANUARY 29, 2024

However, good intentions themselves are not immune to copyright complaints, or worse, multi-million dollar lawsuits. However, the Internet Archive (IA) sees things differently, believing that the ‘Great 78 Project’ is fair use. copyright law. Copyright Act has a three-year statute of limitations.

Music 99

Music Cease and Desist Copyright Copyright Law 99

TorrentFreak

FEBRUARY 16, 2022

Late 2020, Senator Thom Tillis released a discussion draft of the “Digital Copyright Act” (DCA), which aims to be a successor to the current DMCA. This is a sensitive subject that previously generated quite a bit of pushback when the EU drafted its Copyright Directive.

Copyright 93

Copyright Fair Use Copyright Infringement Public Domain 93

TorrentFreak

MARCH 18, 2024

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Last year, a New York Federal court concluded that the library is indeed liable for copyright infringement.

Publishing 105

Publishing Fair Use Copying Music 105

Technology & Marketing Law Blog

DECEMBER 31, 2021

In October 2020, the user posted 6 tweets attacking Brian Sheth , a private equity billionaire, that included photos “depicting a woman or portions of a woman’s body.” Due to the failed fair use defense, the court orders Twitter to comply with the 512(h) subpoena.

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IP Tech Blog

NOVEMBER 29, 2023

18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked. In Cramer v. Netflix, Inc. , 3:22-cv-131 (W.D. Koons , 467 F.3d

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

TorrentFreak

JANUARY 29, 2024

However, good intentions themselves are not immune to copyright complaints, or worse, multi-million dollar lawsuits. However, the Internet Archive (IA) sees things differently, believing that the ‘Great 78 Project’ is fair use. copyright law. Copyright Act has a three-year statute of limitations.

Music 77

Music Cease and Desist Copyright Copyright Law 77

TorrentFreak

NOVEMBER 18, 2022

Japan does not recognize fair use and even if it did, experts predicted that ‘Fast Movies’ would still cross red lines. All three faced potential prison sentences plus fines for crimes allegedly committed in 2020. From: TF , for the latest news on copyright battles, piracy and more. Fast Movie Crackdown.

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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. Citing Muhammad-Ali v.

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Fair Use Copying Licensing Copyright 112

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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Blogging Contracts Fair Use Copyright Law 127

TorrentFreak

MAY 15, 2023

Copyright Office in 2016, the seven-time Grammy winner accused YouTube of “fermenting a veritable pirate orgy ” among its users while “dismantling copyright from the inside, like a flesh-eating virus.” This method meets the requirements of copyright law but generates no money for rightsholders.

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Copyright Intellectual Property Business Licensing 127

TorrentFreak

AUGUST 14, 2021

In March 2020, with the world gripped by the coronavirus pandemic, the Internet Archive (IA) offered a new service to help displaced learners. Publishers Sue IA For Copyright Infringement. In a lawsuit filed June 1, 2020, in a New York court, Hachette Book Group, Inc., The service was not appreciated by book publishers.

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Publishing Fair Use Copyright Infringement Copyright 145

BYU Copyright Blog

MARCH 18, 2024

Wilder alleged that Hoiland had used course materials created by Wilder for a faculty development program, Numeracy Infusion Course for Higher Education (NICHE), in five slides of a presentation Hoiland gave at the Community College Conference on Learning Assessment (CCCLA). The Court granted summary judgment in favor of Hoiland.

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Fair Use Higher Education Copyright Infringement Marketing 40

Kluwer Copyright Blog

OCTOBER 3, 2023

3:23-cv-03440 ) In a recent post we analysed a class action filed in the US against Open AI for unauthorized use of copyright works for training of generative AI tools such as ChatGPT ( here ) (“Generative AI” or “Gen AI”). District Court for the Northern District of California, No. 76) (see here and here ). 78 and here ).

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IPilogue

APRIL 12, 2022

While useful, they raise concerns of potential copyright infringement. He also argued that his videos should not qualify as infringement as they are non-commercial (free to watch). He released an official apology on his Facebook page in 2020 and compensated the claimed economic loss his videos caused.

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Intellectual Property Law Television Copyright Infringement Fair Use 119