LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] On March 26, 2021, the Second Circuit issued an opinion reversing the district court’s decision. Goldsmith counterclaimed for copyright infringement.

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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. In a July 2021 order in Nicklen v. Walt Disney Company. Sinclair Broadcast Group.

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Copyright Fair Use Social Media Copying 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 98

TorrentFreak

FEBRUARY 23, 2022

In 2021, Reddit’s users created nearly 5.8 In common with the vast majority of large companies based in the US, Reddit has to follow the requirements of the DMCA which means that when it receives a valid copyright notice, it must comply by taking the identified content down. under the doctrine of fair use.

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Copyright Infringement Copyright Copyright Notice Reporting 125

Copyright Lately

JANUARY 23, 2024

Sedlik’s original image (L) and Kat Von D’s tattoo (R) I’ve been following this case since February 2021 , so check out my posts ( here , here , and here ) if you need a refresher. That said, expect most of the action to center on the fair use defense. What Will The Jury Need to Decide?

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Social Media Fair Use Copyright Infringement Copying 139

SpicyIP

JULY 12, 2021

Last month, the Ministry of Information and Broadcasting received severe criticism from the film industry, free speech advocates, and the public when it announced the Cinematograph (Amendment) Bill 2021 (‘Bill’). Piracy and Fair Use. Explanation.-

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Copyright Copyright Infringement Copying Fair Use 105

TraskBritt Intellectual Property

APRIL 10, 2021

Supreme Court issued a decision in litigation involving Google’s Android operating system for mobile devices on April 5, 2021. When developing Android, Google had copied the text and format of function calls from Oracle’s Java SE Application Programming Interface (API). 18-956, 2021 U.S. In Google LLC v.

Fair Use 40

Fair Use Copying Intellectual Property Copyright 40

Plagiarism Today

APRIL 4, 2022

In some types of programming, especially when there’s only one correct way to do something, copying code isn’t just a shortcut, it’s the norm. Many lawyers also copy and paste heavily in the legal documents in a bid to meet the criteria there. The most significant difference between is that copyright is a function of the law.

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Plagiarism Social Media Contracts Copying 259

TorrentFreak

OCTOBER 1, 2023

” and “Is it copyright if nobody knows I copied a song and changed it so it sounds nothing like the original?” Who hasn’t seen copies of well-known tracks uploaded in full and protected by the statement: “I do not own this song. .” ” Similar gems are a regular occurrence on YouTube.

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Fair Use Copyright Copying Copyright Infringement 117

Technology & Marketing Law Blog

AUGUST 12, 2021

means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.”. Fair use : The court also grapples with fair use. July 30, 2021).

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Social Media Copyright Fair Use Licensing 140

Technology & Marketing Law Blog

AUGUST 8, 2021

Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use. The Crony graphic also doesn’t qualify for fair use: Nature of Use. Multimedia System Design , 2021 WL 3271829 (S.D.N.Y.

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TorrentFreak

SEPTEMBER 7, 2021

“Viewing a transmission – whether it be Triller’s April 17, 2021 transmission of the Broadcast, the Reference Video or the 4/22/21 Podcast – does not constitute copyright infringement. Fair Use Defenses. “The Broadcast was essentially four hours long…In other words, the 4/22/21 Podcast used less than.3%

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Copyright Fair Use Copyright Infringement Copying 135

LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

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Fair Use Art Licensing Copyright Infringement 52

Plagiarism Today

JULY 8, 2021

1/ [link] — Jake Williams (@MalwareJake) July 3, 2021. According to the court, Google’s use was transformative enough to be a fair use. Is it so short that its use is a fair use? Is it identical? Is the code original enough to qualify for copyright protection?

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Copyright Fair Use Copyright Infringement Copying 215

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. It is composed of two phases centering on two legal issues that were trialed separately—the copyrightability of APIs and the fair use doctrine. Oracle appealed successfully.

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Copyright Infringement Copyright Fair Use Settlement 111

BYU Copyright Blog

SEPTEMBER 6, 2021

In our June 6, 2021, blog post we reported on a lawsuit between two companies that guide prospective college students in their application process. On June 13, 2021, Lehren filed its Answer wherein it admitted that it “copied a limited amount of text.” Plaintiff Ivy Coach, Inc. (“Ivy”)

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Copying Fair Use Advertising Advertising 52

IPilogue

OCTOBER 1, 2022

Back on February 7, 2021, award-winning professional photographer Jeffrey B. Fischer found triable issues on substantial similarity and fair use. In comparison, previous copyright infringement cases over tattoo art focus on an existing tattoo being reproduced in another work rather than the copying of a reference image.

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Copyright Infringement Fair Use Art Copyright 129

Technology & Marketing Law Blog

OCTOBER 26, 2021

The bloggers countered with fair use. The court doesn’t see it: Nature of use. It’s true that the defense has the burden on fair use, but it’s also problematic to require defendants to prove the negative). GoDaddy.com LLC , 2021 WL 4942658 (D. ” Nature of work. ” Nature of work.

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Privacy Fair Use Blogging Copyright 124

Kluwer Copyright Blog

JANUARY 20, 2022

At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. In 2012, US NASA’s robotic rover touched down on Mars. Another – more recent – example involves the video of a 2020 copyright panel at New York University where music was played to explain the application of the US fair use rules.

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Reporting Copyright Art Copyright Infringement 98

IPilogue

OCTOBER 12, 2022

Netflix also holds the position that Barlow and Bear “ copied liberally and nearly identically ” the elements of expression, dialogue, characters, and key plot points from Bridgerton. Ironically enough, if this case was filed in Bridgerton home territory, the UK, Barlow and Bear may attempt to use the defence of parody and pastiche.

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Intellectual Property Social Media Fair Use Music 105

Plagiarism Today

OCTOBER 19, 2022

According to Davis, he used the prompt “sparse matrix transpose, cs_” only to have Copilot produce code very similar to his earlier, open-source work. However, the Copilot version did not come with the LGPL license, a requirement of using code under that license, nor was there any indication that it was copied.

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Licensing Copying Fair Use Litigation 238

43(B)log

FEBRUARY 16, 2022

It is that functionality, and not the copying, to which Apple truly objects. But fair use protects precisely this kind of analysis. Opening software to information gathering and vulnerability testing is transformative, just as gathering information about and criticizing other types of works are classic transformative fair uses.

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TorrentFreak

APRIL 5, 2023

In 2021, a group of Grand Theft Auto enthusiast programmers released ‘re3’ and ‘reVC’, a pair of reverse-engineered modifications for GTA 3 and Vice City. In their November 2021 answer to the complaint, the four men denied the copyright infringement allegations and cited fair use among other affirmative defenses.

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Copyright Infringement Settlement Reporting Fair Use 143

LexBlog IP

JUNE 5, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] ” [5] Following the Supreme Court’s decision in 2021 in Google LLC v. scholarship, or research is not an infringement of copyright.”

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Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] ” [5] Following the Supreme Court’s decision in 2021 in Google LLC v. scholarship, or research is not an infringement of copyright.”

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Fair Use Licensing Cease and Desist Derivative Work 52

Plagiarism Today

AUGUST 17, 2021

This sends the case back to the district court where other defenses, most notably fair use, will have to be weighed next. 3: Microsoft is Looking to Use the Ethereum Blockchain to Prevent Piracy. 2: Eurovision Singer James Newman Wins Copyright Case over Rudimental Hit.

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Reporting Fair Use Plagiarism Licensing 130

The IPKat

APRIL 3, 2023

Here’s what Desmond writes: Nigeria's new Copyright Act 2022: how libraries can benefit by Desmond Oriakhogba Background In October 2021, I wrote about the Nigerian copyright law reform process. Pending publication, the pre-assent copy of the Act can be accessed here. How can libraries in Nigeria benefit from the Copyright Act 2022?

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Copyright Intellectual Property Fair Use Copyright Law 127

IPilogue

SEPTEMBER 29, 2021

On March 26, 2021, the 2nd Circuit Court of Appeals in New York found that the famed artist Andy Warhol violated photographer Lynn Goldsmith’s copyright by using her photo of the singer Prince to create his “Prince Series.” A permissible derivative creation, or fair use, requires transformative changes made to the original.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

TorrentFreak

OCTOBER 4, 2021

Early 2021 a group of programmers and Grand Theft Auto enthusiasts released ‘re3’ and ‘reVC’, a pair of reverse engineered releases of GTA 3 and Vice City. The releases allowed fans of these much-loved titles to enjoy them with significant enhancements but the newly polished games weren’t well-received by Take-Two and Rockstar Games.

Copyright Infringement 145

Copyright Infringement Copyright Fair Use Intellectual Property 145

Velocity of Content

DECEMBER 6, 2023

According to this report , open models accounted for 31% of articles, reviews and conference papers in 2021. Under what circumstances would the unauthorized use of copyrighted works to train AI models constitute fair use? law has no specific rules governing the use of copyrighted materials to train AI. 529 F.Supp.3d

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Copyright Fair Use Licensing Copying 98

TorrentFreak

JULY 14, 2024

In the belief that the curriculum contains information supportive of the group’s cause and in the wider public interest, it’s alleged that Parrish set out to obtain a copy. He also improperly obtained and posted a digital copy of the entire LifeWise Curriculum.” is the author, not LifeWise, Inc., on September 7, 2022.

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Copyright Licensing Fair Use Derivative Work 126

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. 2021 WL 5893161 (S.D. Paul Rudolph Heritage Foundation, 2021 WL 4482608 (S.D.N.Y. Case Citation : Alper Automotive, Inc.

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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.” (S. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. Goldsmith , 598 S.

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TorrentFreak

FEBRUARY 14, 2023

After the lawsuit was filed against the cheat seller in 2021, not much has happened. “Cheat software negatively impacts the gaming experience of Bungie’s community of honest players who enjoy playing and winning fairly using skill and developed through practice,” Bungie writes.

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Copyright Infringement Fair Use Copyright Copying 141

TorrentFreak

SEPTEMBER 3, 2021

“We claim that our project falls under fair use: our goal is clearly not piracy or anything as you still need the original game. The gaming company also insists that the defendants have admitted that the source code is not original but intended to be copies of the originals.

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Copyright Infringement Copying Copyright Copyright Law 145

The IPKat

JULY 27, 2021

The window for stakeholders and interested parties to make written submissions in response to the invitation of the Portfolio Committee on Trade and Industry in South Africa regarding certain clauses of the Copyright Amendment Bill (CAB) closed earlier this month on 9 July 2021. The point of debate is what to do about it.

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43(B)log

JUNE 17, 2022

Much art would be at risk if fair use inquiries ignored reasonable audiences’ views about when a new creation based on an existing work has a new meaning and message. 1183 (2021), that an inquiry into whether a work is a fair use requires evaluation of whether a second work has a different message, meaning, or purpose.

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Copyright Law Fair Use Law Artistic Work 72