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.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Kluwer Copyright Blog

JUNE 30, 2021

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. On appeal, on 18 May 2021 the US Court of Appeals for the Second Circuit (‘Second Circuit’) upheld the District Court’s decision.

Fair Use 101

Fair Use Copyright Law Copyright Law 101

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. 18-956, 2021 U.S. LEXIS 1864 (2021), the Supreme Court held that Google’s copying was permissible fair use. In Google LLC v. Software and IP. The Dissent.

Fair Use 40

Fair Use Copying Intellectual Property Copyright 40

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. At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. Damle introductory statement, Tr.

Fair Use 105

Fair Use Licensing Art Music 105

Technology & Marketing Law Blog

AUGUST 12, 2021

Fair use : The court also grapples with fair use. Citing to Barcroft and McGucken , the court says that the “photograph itself is the subject of the story” so this weighs in favor of fair use. The third factor cuts against fair use since the entirety of the video was used.

Social Media 140

Social Media Copyright Fair Use Licensing 140

TorrentFreak

JULY 14, 2024

The organization’s religious instruction program, marketed as LifeWise Academy, has a curriculum which outlines the religious instruction children receive. The allegation that licensing costs were avoided carries much more weight, however. is the author, not LifeWise, Inc., the plaintiff in this case. on September 7, 2022.

Copyright 107

Copyright Licensing Fair Use Derivative Work 107

Velocity of Content

OCTOBER 9, 2023

On Thursday, October 12, 2023, 1000 EDT/1500 BST/1600 CEST, CCC presents a Town Hall special program on LinkedIn Live, “AI, Licensing & The Path Forward.” As a legal precedent, Texaco paved the way for far broader license acceptance by Fortune 100 and other corporations,” he noted. “As

Licensing 52

Licensing Fair Use Journalism Copyright Law 52

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. ruled that Google’s use is “minimal,” about 0.4

Copyright Infringement 111

Copyright Infringement Copyright Fair Use Settlement 111

IPilogue

OCTOBER 12, 2022

Allegedly, in March 2021, when Barlow and Bear’s team asked Netflix for permission to record their album, Netflix denied authorizing the activity but said they wouldn’t “ stand in the way ”. 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.

Intellectual Property 105

Intellectual Property Social Media Fair Use Music 105

LexBlog IP

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.” At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. ” (S.

Fair Use 52

Fair Use Licensing Art Music 52

Intellectual Property Law Blog

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] Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use.

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

BYU Copyright Blog

MAY 13, 2024

To provide a summary of what has happened to the case, on November 22, 2021, Judge Edward Kiel ordered the parties to commence discovery proceedings in preparation for a conference scheduled for January 24 of the following year. Chegg presented several defenses, including fair use, copyright misuse, express license, and equitable estoppel.

Fair Use 52

Fair Use Derivative Work Settlement Copyright 52

Kluwer Copyright Blog

AUGUST 13, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. Goldsmith, March 26, 2021, Sullivan, R.). Case date: 26 March 2021. Case number: No.

Art 52

Art Fair Use Copyright Copyright Infringement 52

Kluwer Copyright Blog

AUGUST 12, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. Goldsmith, March 26, 2021, Sullivan, R.). Case date: 26 March 2021. Case number: No.

Art 52

Art Fair Use Copyright Copyright Infringement 52

Technology & Marketing Law Blog

OCTOBER 5, 2023

I wrote an expert declaration about them in 2021). The court says that the merchant made a descriptive “fair use” of the “emoji” term, but the court didn’t actually say that “emoji” qualifies as a descriptive trademark, instead of an arbitrary mark, for stickers. 22-cv-2378 (N.D.

Trademark 122

Trademark Fair Use Trademark Law Branding 122

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

IP Intelligence

JUNE 6, 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. At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. Damle introductory statement, Tr.

Fair Use 40

Fair Use Licensing Art Music 40

Technology & Marketing Law Blog

DECEMBER 15, 2021

To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions.

Registration 113

Registration Fair Use Copyright Designs 113

Technology & Marketing Law Blog

SEPTEMBER 18, 2021

The plaintiffs gave Instagram a license to display the photos. Court Definitively Rejects AFP’s Argument That Posting a Photo to Twitter Grants AFP a License to Freely Use It — AFP v. Court Rejects Agence France-Presse’s Attempt to Claim License to Haiti Earthquake Photos Through Twitter/Twitpic Terms of Service — AFP v.

Copyright 118

Copyright Copyright Infringement Social Media Licensing 118

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. This has important implications for the doctrine of fair use.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

Technology & Marketing Law Blog

AUGUST 29, 2022

I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet).

Editing 90

Editing Social Media Blogging Advertising 90

Copyright Lately

AUGUST 2, 2022

Produced by Shonda Rhimes’ Shondaland and based on the novels by Julia Quinn, Bridgerton was seen by a then-record 82 million households when the first season premiered on Netflix in early 2021. Fast forward to September 2021 when “The Unofficial Bridgerton Musical” became the top album on iTunes’ U.S.

Music 101

Music Derivative Work Fair Use Cease and Desist 101

JIPL Online

MARCH 19, 2021

Given the disparity in negotiating power between a platform the size of Twitch and individual creators, Twitch is better situated to take on the burdens of negotiating a music licensing solution on behalf of all of the creators who drive traffic to their site. [i]

Music 76

Music Copyright Licensing Fair Use 76

JIPL Online

APRIL 9, 2021

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. ix] Just a brief glimpse at a meme can demonstrate just how little copyright protected material is used. [x]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

FEBRUARY 2, 2023

In 2021, OpenAI’s Dall·E was able to create images in response to text prompts, including those combining unrelated concepts (such as “a snail made of harp”), but the results were merely competent in artistic terms. Generative AI Computer-generated art reached a tipping point in 2022.

Copyright 145

Copyright Art Fair Use Registration 145

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] Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use.

Fair Use 52

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] Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

43(B)log

AUGUST 4, 2023

Room 204 Christopher Buccafusco (w/ Joseph Blocher), Firearms, Innovation, and Regulation How do law and markets affect the pace and direction of innovation for firearm related safety in the US? But none reached the market despite millions in R&D from National Institute of Justice. Costly inefficiencies in supply and demand.

Copyright 52

Copyright Fair Use Marketing Marketing 52

Technology & Marketing Law Blog

JANUARY 3, 2023

31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense. Vidal, 2021-2347 (Fed. 2K Games, Inc. ,

Copyright 95

Copyright Social Media Copyright Infringement Publishing 95

Kluwer Copyright Blog

DECEMBER 12, 2023

In the Generative AI debate, thus, one of the most crucial ‘knots to untangle is the relationship between “TDM and access to content”’ ( see Ducato and Strowel (2021) ). It is for this reason that timely and adequate remuneration of the human author becomes crucial.

Copyright 71

Copyright Derivative Work Music Designs 71

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” We need to know more about this license. It seems like this license could be dispositive to the case, but the court doesn’t explore it more. ” Wait, what?

Licensing 90

Licensing Copyright Contracts Advertising 90

LexBlog IP

SEPTEMBER 15, 2022

Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? 1:22-cv-00384, US District Court for the Southern District of New York. Transfers of rights: How does the transfer of an NFT impact IP rights in the associated asset? Hermes Int’l et al. Rothschild , Case No. Dash , Case No.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

Technology & Marketing Law Blog

AUGUST 1, 2023

On the other hand, professional photographers have to make a living by licensing their photos to publishers (and other intermediaries) who are willing to pay them to reproduce and display those photos. The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use.

Blogging 96

Blogging Copying Social Media Copyright 96

Velocity of Content

DECEMBER 6, 2023

Significant amounts of content are available through licenses, including open licenses such as CC BY and CC BY-NC. To what extent are copyrighted works licensed from copyright owners for use as training materials? To your knowledge, what licensing models are currently being offered and used? 529 F.Supp.3d

Copyright 98

Copyright Fair Use Licensing Copying 98

SpicyIP

JULY 5, 2021

Lokesh is a graduate from School of Law, Nirma University and an incoming LLM Candidate and InfoJustice Fellow at American University Washington College of Law, and has previously written posts for us here and here. Fair Use and Public Interest. Lokesh Vyas. Assessment. suo moto mandatory disclosures.

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

Technology & Marketing Law Blog

MARCH 29, 2023

He explains : “ My use of facts was from a database that originally was partially under my copyright authorship and published online and viewable via the content taken down since 2021, and the database was then used with written permission to populate the one viewable from the content as it was when taken down.”

Blogging 97

Blogging Fair Use Copyright Copyright Notice 97

Patently-O

DECEMBER 11, 2023

In our view, the FTC plays a vital role in keeping markets open and honest, and we have long been admirers of the intelligence and energy that the agency brings to that task. More specifically, we recognize the usefulness of examining intellectual property issues through the lenses of competition and consumer protection.

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95