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.”

Copyright 116

Copyright Derivative Work Fair Use Reporting 116

The IP Law Blog

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. We’ll start with Andy Warhol Foundation v. Next, we have Abitron Austria GmbH v. There, U.S.-based

Copyright 97

Copyright Trademark Fair Use Contracts 97

43(B)log

MAY 9, 2023

May 8, 2023) The Eleventh Circuit affirmed the core finding that Corellium’s copying of iOS for security research purposes was fair use, but vacated and remanded for further analysis of contributory infringement claims and claims related to the use of the icons, giving Apple another bite at, etc. Corellium, Inc. ,

Copying 98

Copying Fair Use Copyright 98

43(B)log

MAY 19, 2023

2023 WL 2433970, -- F. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Roblox Corp. 22-cv-04476-SI (N.D.

Copying 94

Copying False Advertising Social Media Advertising 94

LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

Dear Rich IP Blog

SEPTEMBER 26, 2023

Dear Rich: Does putting "Copyright 2023" at the bottom of page pages protect it from site visitors who download an image or narrative content? Placing a copyright notice on your website is like sticking a "Keep off the grass" sign on your front lawn. Ensure you own or have permission to use your website content.

Copyright Notice 59

Copyright Notice Copyright Cease and Desist Copying 59

LexBlog IP

NOVEMBER 17, 2023

and Universal Music Group (“Plaintiffs”) sued AI start-up Anthropic PBC (“Anthropic”) on October 18, 2023, in the United States District Court for the Middle District of Tennessee “to address the systematic and widespread infringement of their copyrighted song lyrics” by Anthropic. ABCKO Music, Inc.,

Music 52

Music Copyright Infringement Publishing Copyright 52

LexBlog IP

JULY 24, 2023

for allegedly using their copyrighted content without authorization to train artificial intelligence (AI) language models. The lawsuits, filed in San Francisco federal court, highlight the legal challenges faced by developers of chat bots who rely on copyrighted material to create realistic responses.

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Copying 52

Patently-O

JANUARY 4, 2024

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. HLG ultimately filed suit for copyright infringement.

Plagiarism 122

Plagiarism Fair Use Copying Copyright Infringement 122

Patently-O

SEPTEMBER 1, 2023

by Dennis Crouch Generative Artificial intelligence (GenAI) systems like MidJourney and ChatGPT that can generate creative works have brought a wave of new questions and complexities to copyright law. The Copyright Office’s inquiry is an attempt to respond to AI’s rapidly growing impact on creative industries.

Copyright 120

Copyright Copying Derivative Work Licensing 120

LexBlog IP

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. We’ll start with Andy Warhol Foundation v. Next, we have Abitron Austria GmbH v.

Copyright 52

Copyright Trademark Fair Use Contracts 52

Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Very few jurisdictions expressly provide for copyright in computer-generated works.

Copyright 145

Copyright Art Fair Use Registration 145

BYU Copyright Blog

MAY 15, 2023

In the digital age where information flows freely, the clash between copyright protection and access to knowledge has become increasingly prominent. They maintain that the digitization and distribution of copyrighted books without explicit permission undermines the incentives for authors and publishers to create and publish new works.

Copyright 52

Copyright Fair Use Copying Publishing 52

Technology & Marketing Law Blog

OCTOBER 17, 2023

But if you really want Kiwi Farms gone, have you considered using copyright law for its censorial power? “Kiwi Farms users provided a Google Drive link to a full copy of Mr. Greer’s book.” Greer sued Moon and Kiwi Farms for contributory copyright infringement and other claims. Direct Infringement.

Copyright Law 96

Copyright Law Copyright Law Copyright Infringement 96

Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? Such uses, they argue, constitute copyright infringement. Fair Use Precedent? In this regard, an important precedent lies in the history of US litigation involving Google Books.

Fair Use 135

Fair Use Copyright Moral Rights Copyright Law 135

LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1]

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

TorrentFreak

MARCH 7, 2023

.” As CEO of Twitter, Musk understands that his platform has certain obligations if it wishes to maintain protection from liability under copyright law. A dispute that boiled over yesterday began with these two steps but ended up with the copyright holder having his account suspended, presumably by Musk himself or on his instructions.

Copyright 137

Copyright Copying Business Licensing 137

Velocity of Content

MARCH 16, 2023

As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents). I speculated that this was an attempt to avoid a messy fair use dispute.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

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.

Fair Use 134

Fair Use Privacy Copyright Technology 134

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Allegedly on behalf of Barrett, an SEO vendor sent DMCA takedown notices to Google, alleging that Source Capital had copied some of Barrett’s copyrighted material. Source Capital alleges that no copyright violation took place at all. Barrett Financial Group, LLC , 2023 WL 7552330 (D. Adolly.com, 2023 WL 5672170 (D.

Fair Use 65

Fair Use Cease and Desist Copyright Ownership 65

Kluwer Copyright Blog

SEPTEMBER 11, 2023

It involves several IP rights, some of which overlap in some cases: copyright, trademarks, patents, trade secrets/confidential information, and the right of publicity (and similar rights with different names). Copyright 1. Fair use in US ( Google Books but reuse pattern different here. Fair dealing c.

IP 116

IP Derivative Work Intellectual Property Art 116

Patently-O

APRIL 6, 2023

by Dennis Crouch The copyright lawsuit between the data-software company SAS Institute and its scrappy copycat World Programming has been interesting to follow over the past several years, and the Federal Circuit has now issued a controversial opinion in the case. WPL , the Federal Circuit squarely addressed the copyrightability question.

Copyright 56

Copyright Copying Copyright Infringement Fair Use 56

LexBlog IP

FEBRUARY 11, 2024

Copying was tedious. Copying took effort. from 2023 to 2030, AI is poised to revolutionize diverse sectors, showcasing its potential to drive unparalleled innovation and efficiency. It’s a topic that feels right out of a thrilling legal drama: should AI models be fed with copyrighted content?

Copyright 52

Copyright Due Diligence Content Creation Copyright Law 52

Technology & Marketing Law Blog

AUGUST 16, 2023

Copyright owners are in the best position to spot and redress infringement, so they should identify alleged infringement to services and seek intervention when they see infringements. This paradigm, however, breaks down when copyright ownership is contested. 2023 WL 5211628 (N.D. 2023 WL 4157446 (C.D. June 27, 2023).

Ownership 64

Ownership Cease and Desist Fair Use Copyright 64

TorrentFreak

JULY 26, 2023

So-called ‘cam’ copies appear online within hours of movies first appearing in theaters, yet as piracy releases go, cams are unique in their ability to disappoint just about everyone. ” The bill was introduced in the Rajya Sabha (upper house of parliament) on July 20, 2023. . And quite rightly so.

Copying 68

Copying Fair Use Cinema Reporting 68

SpicyIP

NOVEMBER 10, 2023

Image by jcomp on Freepik On November 3, 2023, Ministry of Information and Broadcasting issued a notification (see here ), establishing an ‘ institutional mechanism of Nodal Officers’ , under Sec. Cinematograph (Amendment) Act, 2023 Lokesh in his post, discusses ‘intermediary liability’ in the new amendment. Second , the govt.

Copying 52

Copying Copyright Copyright Infringement Fair Use 52

Technology & Marketing Law Blog

APRIL 1, 2023

TL;DR: a copyright takedown notice that doesn’t meet the elements of 512(c)(3) cannot give rise to a 512(f) clam. Specifically, the putative copyright owners didn’t send a proper 512(c)(3) takedown notice because: it lacked specific identification of the copyrighted works. Maritas, 2023 WL 2726030 (E.D.

Fair Use 103

Fair Use Cease and Desist Contracts Ownership 103

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.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. 1258, (2023).

Fair Use 105

Fair Use Licensing Music Art 105

Copyright Lately

MAY 1, 2023

If you’ve been glued to news coverage of the Ed Sheeran trial for the past two weeks, you may have missed an even bigger story from the world of music copyright. From a copyright perspective, these particular tracks are clearly derivative of both the original sound recordings and the underlying musical compositions.

Music 84

Music Copyright Copying Copyright Law 84

Technology & Marketing Law Blog

APRIL 29, 2023

Of the efficacious four, three were based exclusively on trademark rights, not copyright. The court says those aren’t DMCA takedown notices by definition, because they didn’t assert any copyright interests; so they are outside 512(f)’s scope. Because the other 21 didn’t have any effect, the court ignores those.

Fair Use 98

Fair Use Cease and Desist Copyright Trademark 98

LexBlog IP

MAY 31, 2023

Goldsmith in a 7-2 decision issued May 18, 2023, authored by Justice Sotomayor. The Court held that the first factor of the copyright fair use test favored respondent photographer, Lynn Goldsmith, rather than petitioner, Andy Warhol Foundation for the Visual Arts (“AWF”). for Visual Arts, Inc.

Fair Use 52

Fair Use Licensing Copyright Editing 52

TorrentFreak

APRIL 5, 2023

Take-Two Files Copyright Lawsuit In September 2021, Take-Two filed a lawsuit against the programmers, claiming that the aim of the projects was to create and distribute pirated versions of GTA 3 and Vice City. The joint stipulation of dismissal can be found here ( pdf ) From: TF , for the latest news on copyright battles, piracy and more.

Copyright Infringement 127

Copyright Infringement Settlement Reporting Fair Use 127

SpicyIP

OCTOBER 8, 2023

The Delhi High Court on September 27, 2023 granted an injunction to the plaintiff in Jainemo Pvt Ltd. 2(f) of the Copyright Act respectively. In the present case, the defendants were using various digital platforms to disseminate the course, videos and course material of the Plaintiff. Yogesh is a 3rd year B.A. 52(1)(i).

Fair Use 59

Fair Use Copyright Copying Publishing 59

IP and Legal Filings

JANUARY 13, 2023

Copyright infringement and De Minimis are often replaced to complement each other. However, de minimis is sometimes used as a defence in a copyright lawsuit. More often than not, the lawsuits filed for copyright infringement are cases of de minimis and thereto, get dismissed on the anvil of frivolity. INTRODUCTION.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 96

Blogging Copying Social Media Copyright 96

Intellectual Property Law Blog

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith was not paid or credited for this use.

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130