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.

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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.,

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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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SpicyIP

NOVEMBER 7, 2024

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Secondly , on the flip side, aggressive opting-out by creators may add to licensing and related costs for AI system providers, especially if the concerned data are critical to the research. LAION logo.

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LexBlog IP

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.

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LexBlog IP

MAY 26, 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.

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Technology & Marketing Law Blog

MARCH 30, 2025

For Chanukah 2023, I gave my kids an ornament with Data reciting part of the ode ! ” (The “in part” language is funky, because surely a line or two of lyrics constitutes fair use). Having done so, the only remaining equitable issue is the use of the copyrighted works for training purposes.

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SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

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LexBlog IP

MAY 18, 2023

Vanity Fair magazine had hired Warhol to make the illustration; it was to accompany an article about Prince in the magazine’s November 1984 issue. Goldsmith had issued a limited license for this purpose. The license stated her photograph could be used for reference, “one time only.”

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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. 1258, (2023). At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music.

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JD Supra Law

JUNE 1, 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), in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act.

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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.,

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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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JD Supra Law

MAY 31, 2023

Last Thursday, May 18, 2023, the U.S.

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SpicyIP

MARCH 1, 2025

In light of Amazon’s decision to disable the ‘Download or Transfer via USB’ feature from their Kindle devices, Arnav Kaman discusses DRMs/TPMs, the rights of the user, what users can do with their ebooks within the fair use doctrine, and the future of ebooks in this guest post. Kindle is not a bookseller.

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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. .”

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The IP Law Blog

DECEMBER 29, 2023

As we look back, we want to share The Briefing’s most popular episodes in 2023. 3: What Now for Fair Use After Warhol v. Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Goldsmith The U.S. Supreme Court ruled in Andy Warhol Foundation v.

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TorrentFreak

JULY 14, 2024

Noting that the Parents Against LifeWise Facebook group has already attracted around 2,500 members since it was created September 1, 2023, LifeWise is of the belief that “Mr. The allegation that licensing costs were avoided carries much more weight, however. Parrish does not support LifeWise’s mission.” And so it begins.

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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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SpicyIP

FEBRUARY 28, 2025

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Though a recipient of widespread international popularity for its cost-effectiveness in accessing varied entertainment, news and sports content, the use of IPTV technology has always been clouded by legal challenges.

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Technology & Marketing Law Blog

JANUARY 25, 2023

Here’s an example of a subject photo from his complaint (which, based on this ruling, I’m now confident he can’t sue me for; plus fair use), with some pretty obvious photography flaws: His copyright claims raise a simple but troubling question: who owns the photos taken with his camera? 2023 WL 266511 (N.D.

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SpicyIP

OCTOBER 9, 2024

Discussing the decision of the US Court of Appeals for the Second Circuit in Hachette Book Group v. Internet Archive, our fellowship applicant Tanishka Goswami explains the implication of the decision on fair use. She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws.

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Olartemoure Blog

JANUARY 18, 2023

In 1984, Vanity Fair licensed one of her black-and-white studio portraits for $400 and commissioned Warhol to create a piece for a feature of Prince. He used a cropped photo based on one of Goldsmith’s images to create his artwork.

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Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. 2023 WL 3449131 at *1 (N.D. May 11, 2023). Complaint at 2. GitHub, Inc.

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Technology & Marketing Law Blog

MARCH 29, 2023

Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v. Prutton, 22-CCB-0045 , February 28, 2023. The respondent did not respond then, and the CCB sent a notice on January 11, 2023. Six days later, on June 17, 2023, the Respondent filed a response: In other words, the respondent acquiesced to the complainant’s requests.

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Kluwer Copyright Blog

MARCH 10, 2025

Image via Pixabay We have so far seen a considerable (and increasing) discussion on AI and copyright infringement, especially in terms of how current exceptions such as TDM and fair use apply and whether new exceptions or remuneration models are needed. Australia).

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JD Supra Law

MAY 23, 2023

On May 17th, 2023, the Supreme Court handed down a decision with potentially far-reaching consequences in the evolving landscape of copyright fair use, particularly for commercial works that reproduce copyrighted work. By: Neal, Gerber & Eisenberg LLP

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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

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WIPO Magazine

NOVEMBER 22, 2023

In May 2023, the U.S. Supreme Court handed down its decision on the Warhol case.

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Technology & Marketing Law Blog

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. The SAD Scheme helps with that.

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Technology & Marketing Law Blog

OCTOBER 25, 2023

Instead, she gets a 12(b)(6) dismissal based on fair use. Purpose and Character of Use. ” The court doesn’t address the potential licensing market for the tattoo design. It’s nice to see the court use the Goldsmith case to cement the defense’s fair use win. Or the $50k.

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Velocity of Content

MARCH 16, 2023

I speculated that this was an attempt to avoid a messy fair use dispute. As I also mentioned, Microsoft’s lawyers seem to think that fair use excuses copying for AI purposes everywhere, so I would expect Microsoft to try that defense here, given its lack of other arguments. is being used as code. GitHub Inc.,

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LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. The first factor of fair use considers the nature of and reasons for a copier’s use of an original work. [4]

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LexBlog IP

DECEMBER 29, 2023

As we look back, we want to share The Briefing’s most popular episodes in 2023. 3: What Now for Fair Use After Warhol v. Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Goldsmith The U.S. Supreme Court ruled in Andy Warhol Foundation v.

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Patently-O

JANUARY 4, 2024

I believe that Winston & Strawn will eventually prevail based upon a fair use defense, but it is still an embarrassing situation for the firm and attorneys involved. HLG filed a motion to dismiss addressing UTL’s pre-suit willfulness allegations on August 23, 2023. Winston & Strawn , 23-cv-11193 (S.D.N.Y.

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Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. Is it a proper copyright ownership or an assigned license?

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Patently-O

DECEMBER 11, 2023

2023-6 on August 30, 2023, calling for comments from interested parties addressing dozens of questions. The Office received roughly 10,000 comments on October 30, 2023. The FTC has no authority to determine what is and what is not copyright infringement, or what is or is not fair use. On that point, time will tell.

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