TorrentFreak

OCTOBER 31, 2024

In Japan, where the concept of fair use isn’t recognized, there’s arguably less cause for confusion. Today’s social media users see copyright conflicts on a regular basis, but probably due to the way copyright is enforced, tend to view images and text as faiir game when compared to movies and music.

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Fair Use Social Media Copyright Copyright Infringement 133

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 and, as a result, did not constitute fair use. [2]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

IP and Legal Filings

JANUARY 2, 2025

Even while the fair use doctrine can protect violators if they are using it for educational purposes, copyright problems with social media platforms in India are becoming worse every day. Ning Zhang , Copyright Infringement on YouTube- Understanding Consequences and Best Practices , (29 TH 2023). 1 (2022). [5]

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Social Media Copyright Fair Use Intellectual Property 97

Copyright Lately

AUGUST 14, 2023

Fischer denied both parties’ motions for summary judgment, finding triable issues of substantial similarity and fair use. Among other things, the court held that there was a factual dispute as to whether or not defendants’ purpose in using Sedlik’s image of Miles Davis was “commercial.”

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Fair Use Social Media Licensing Marketing 94

JD Supra Law

MAY 22, 2023

On May 18, 2023, the U.S. Supreme Court issued a long-awaited ruling clarifying one element of the Copyright Act’s fair use doctrine. The Court held that because both Warhol’s art and the Petitioner’s photograph were used with magazine articles about Prince, the purpose and character of both works were the same.

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Copyright Alliance

JUNE 1, 2023

Goldsmith case, reining in the transformative use test under the first fair use […] The post May 2023 Roundup of Copyright News appeared first on Copyright Alliance. Supreme Court finally issued its long-awaited decision in the Andy Warhol Foundation v.

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Copyright Fair Use 113

Copyright Lately

DECEMBER 29, 2024

Fair Use Declawed. This overly restrictive interpretation of the Supreme Courts 2023 Warhol decision sent shockwaves through the filmmaking community, which often relies on fair use to incorporate brief historical footage into their works for entirely new and different purposes. Whyte Monkee Productions, LLC v.

Copyright 119

Copyright Social Media Cease and Desist Fair Use 119

Copyright Lately

DECEMBER 24, 2023

Thousands will compete, many are objectively baseless, but only five can be crowned the worst of the worst copyright lawsuits of 2023. This year, I’m counting down the five most frivolous, ill-conceived, and all-around cringeworthy copyright lawsuits of 2023. When Netflix refused to pay up, Cramer sued for copyright infringement.

Copyright 117

Copyright Copyright Infringement Music Fair Use 117

43(B)log

JUNE 19, 2023

Globalgurutech LLC, 2023 WL 3998459, No. 14, 2023) I’ve been thinking a lot after Jack Daniel’s about the role of common sense in trademark. & Arts 187 (2004), and the Seventh Circuit in practice, are all about using common sense rather than doctrine to limit the scope of trademark rights. Xfinity Mobile v.

Fair Use 81

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JD Supra Law

NOVEMBER 13, 2023

On September 25, 2023, a United States Circuit Judge determined that fact questions surrounding issues of fair use and tortious interference required a jury to decide media conglomerate Thomson Reuters’s lawsuit against Ross Intelligence, a legal-research artificial intelligence (AI) startup. By: Farella Braun + Martel LLP

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JD Supra Law

FEBRUARY 13, 2025

On February 11, 2025, Judge Bibas of the Third Circuit, sitting by designation in the US District Court for the District of Delaware, issued a decision granting partial summary judgment to Thomson Reuters in the closely watched case of Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc. By: Jenner & Block

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Fair Use Design Designs Copyright 112

TorrentFreak

APRIL 18, 2025

The takedown surge peaked in 2023 with rightsholders asking the platform to remove more than 1.7 “The video posted to Reddit used AI to significantly transform and parody a short clip taken from the original broadcast. . We declined to remove this content because we believe it makes fair use of the broadcast.”

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Copyright Fair Use Reporting Copyright Infringement 65

JD Supra Law

MAY 19, 2023

On May 18, 2023, the US Supreme Court, in a much-anticipated decision, held that portraits of the musician Prince by Andy Warhol do not constitute fair use under copyright law. The 7 – 2 decision in Andy Warhol Foundation for Visual Arts, Inc.

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Fair Use Copyright Infringement Copyright Law Art 55

JD Supra Law

MAY 30, 2023

Last week, the Supreme Court decided an important copyright case on the question of fair use in Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith, 2023 WL 3511534. By: Clark Hill PLC

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Fair Use Art Copyright 52

JD Supra Law

JUNE 6, 2023

The fair use defense to copyright infringement has been remastered by the Supreme Court—at least the first factor. The Supreme Court’s recent decision in Andy Warhol Foundation v. By: Benesch

Fair Use 55

Fair Use Copyright Copying Copyright Infringement 55

Plagiarism Today

OCTOBER 25, 2021

De La Santos mentions these allegations in his response to the lawsuit, which also makes arguments of fair use and that he is an “innocent infringer,” an argument that could potentially lessen any damages against him. 3: Music Publishers Propose Higher Streaming Payments.

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Music Publishing Fair Use Journalism 246

JD Supra Law

JUNE 13, 2023

On May 18, 2023, the U.S. Supreme Court issued its first decision this century on copyright fair use in the artistic context. 1258 (2023). Andy Warhol Found. for the Visual Arts, Inc. Goldsmith, 143 S.

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Fair Use Copyright Infringement Copyright Art 55

JD Supra Law

MAY 22, 2023

For the first time in almost 20 years, the United States Supreme Court has issued a ruling that has prompted vigorous debate over the future of the fair use doctrine under the Copyright Act. On May 18, 2023, in Andy Warhol Foundation for Visual Arts, Inc. By: Miller Canfield

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Fair Use Art Copyright 55

JD Supra Law

MAY 22, 2023

On May 18, 2023, the U.S. 21-869, analyzing the Copyright Act’s first fair use factor and affirming the Second Circuit’s ruling that the licensing of Andy Warhol’s adaptation of the respondent’s photograph of Prince to a print publication did not constitute fair use. Lynn Goldsmith et al., Lynn Goldsmith et al.,

Fair Use 52

Fair Use Copyright Art Licensing 52

JD Supra Law

SEPTEMBER 18, 2023

On September 12, 2023, the Court of Appeals for the District of Columbia issued its opinion in American Society for Testing and Materials (ASTM) v. holding that non-commercial use of standards incorporated by reference into law is fair use and not copyright infringement. Public.Resource.Org, Inc.,

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Fair Use Law Copyright Infringement Copyright 62

Copyright Alliance

JANUARY 9, 2024

Copyright enthusiasts knew that 2023 would bring with it a highly anticipated decision in one of the biggest fair use cases in decades: Andy Warhol Foundation v. Indeed, […] The post Copyright Cases in 2023: A Year in Review appeared first on Copyright Alliance. Lynn Goldsmith.

Copyright 69

Copyright Fair Use 69

Copyright Lately

OCTOBER 20, 2024

The judge did side with the airline on its copyright infringement claim, ruling that Skiplagged had used American’s flight symbol logo without permission as recently as August 2023. The jury sided with Skiplagged, finding that the defendant proved that its use of American’s trademarks was a nominative fair use.

Copyright 88

Copyright Fair Use Social Media Business 88

The IP Law Blog

JANUARY 19, 2023

In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. We’ll start with Andy Warhol Foundation v.

Copyright 97

Copyright Trademark Fair Use Contracts 97

JD Supra Law

JANUARY 18, 2024

As 2023 came to an end, it offered a prime opportunity to examine significant legal developments in intellectual property case law and implications for the real estate industry in the year to come.

Intellectual Property 75

Intellectual Property Fair Use Copyright Copyright Infringement 75

JD Supra Law

MAY 23, 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.

Fair Use 52

Fair Use Derivative Work 52

JD Supra Law

MAY 30, 2023

On May 18, 2023, the United States Supreme Court held that the “purpose and character” of the Andy Warhol Foundation’s (AWF) use of Lynn Goldsmith’s portrait of Prince did not favor a determination of fair use. By: Locke Lord LLP

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Fair Use 52

Velocity of Content

FEBRUARY 26, 2025

This article originally appeared in the Scholarly Kitchen Back in March of 2023, when there were only a handful of cases alleging copyright infringement for training purposes by AI companies, I predicted that we would soon have some guidance from the court in Thomson Reuters Enterprise Center GMBH and West Publishing Corp. The answer is no.

Fair Use 52

Fair Use Copying Licensing Copyright 52

43(B)log

APRIL 26, 2023

LLC, 2023 WL 3066119, No. 24, 2023) “This case arises out of alleged misuse of copyrighted images, eventually leading to a dispute … that resulted in false business reviews, malicious e-mails, and mutual efforts to interfere with each other’s business.” The ads used the entire images. I Dig Texas, LLC v. Creager Servs.,

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

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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Fair Use Copying Publishing Licensing 40

Kluwer Copyright Blog

JANUARY 15, 2024

Copyright and AI was one of the topics covered in the Third Roundtable that was held on 28-29 August 2023. They are waiting to see what US courts decide in the current legal actions against AI companies and whether other countries take any legislative action in this fast-changing technical landscape.

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Copyright Government Fair Use Copyright Law 72

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, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. copyright law. Copyright law in the U.S.

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Fair Use Derivative Work Copyright Law Art 52

JD Supra Law

JUNE 6, 2023

On May 18, 2023, the U.S. Supreme Court found that the purpose and character of the use of “Orange Prince” by the Andy Warhol Foundation for the Visual Arts (AWF) weighed against a finding of fair use of Lynn Goldsmith’s photograph of the artist known as Prince. By: Pillsbury - Internet & Social Media Law Blog

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Fair Use Art Social Media Blogging 52

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 130

Fair Use Trademark Cease and Desist Design 130

IP and Legal Filings

MARCH 5, 2025

Tackling Deep Fakes: Fair Use or Infringement of Personality Rights (Mondaq, 7 November 2023) <[link] accessed 17 January 2025. 13] ‘Tackling Deep Fakes: Fair Use or Infringement of Personality Rights’ (Mondaq, 7 November 2023)[link] 17 January 2025. [14] 10] Ibid. [11] 11] Ibid. [12]

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Personality Rights Privacy Journalism Copyright 84

JD Supra Law

MAY 8, 2023

On March 24, 2023, the Southern District of New York held that the Internet Archive (“IA”)’s digitization and lending online of the Hatchette Book Group (“Publishers”)’s copyrighted physical books infringed Publishers’ copyrights and was not a fair use. By: Irwin IP LLP

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Publishing Fair Use IP Copyright 98

JD Supra Law

MAY 26, 2023

The Supreme Court of the United States has issued its long-awaited ruling in the dispute between photographer Lynn Goldsmith and the Andy Warhol Foundation for the Visual Arts (AWFVA) on May 18, 2023. The Court took a narrow approach, explicitly declining.

Fair Use 52

Fair Use Art 52

Technology & Marketing Law Blog

NOVEMBER 16, 2024

The defendant published a bio on Sewell and included one of McDermott’s photos–apparently sourced from an unrelated Instagram account (possibly another infringer, or perhaps that account has a fair use defense?). In 16 months, the bio generated less than 100 views. Covington & Burling defended KMC, apparently pro bono.

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Copyright Settlement Licensing Litigation 102