The IP Law Blog

SEPTEMBER 14, 2023

Allen requested reconsideration on January 24, 2023, “arguing that the examiner had misapplied the human authorship requirement and that public policy favored registration.” Allen requested a second reconsideration on July 12, 2023, based on a number of arguments. were actually conceived and executed not by man but by machine.”

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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.

Copyright Law 104

Copyright Law Copyright Fair Use Law 104

Technology & Marketing Law Blog

MAY 27, 2023

” I sense the court was overwhelmed by the complexity of music licensing, where there are layers upon layers of agreements over the initial ownership of the work, subsequent ownership transfers, distribution licenses, designations of enforcement agents, and voluntary uploads of the works by one or more people in the chain.

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Ownership Licensing Copyright Fair Use 81

IP and Legal Filings

JANUARY 22, 2024

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. Zafar Mahfooz Nomani, 2023).

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Ownership Copyright Fair Use Intellectual Property 52

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.

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Copying Editing Licensing Copyright 58

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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Blogging Fair Use Copyright Copyright Notice 105

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.” The court also found that the alleged use of the Roblox name was not, as a matter of law, nominative fair use. Roblox Corp. 22-cv-04476-SI (N.D.

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Copying False Advertising Social Media Advertising 94

CoCal IP Law Institute

NOVEMBER 8, 2023

Please join us on Monday, November 13, 2023 at Noon, where we will discuss the issue of master ownership and the legal copyright conflicts between record labels and artists. Taylor Swift may be the first to make this copyright issue truly public, leaving fans wondering who really owns Swift's music and why. She says she [.]

Copyright Law 52

Copyright Law Copyright Ownership Law 52

IIPRD

MARCH 5, 2025

The article was rejected for copyright protection in 2023, and the argument was that the absence of human authorship disqualified the work from the right. The gaming sector faced such an outbreak in recent years as AI tools, which were trained on fan-created content, sparked the consent and fair use debate. Copyright Office.

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Copyright Intellectual Property Copyright Law Artwork 52

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). In the aftermath of cases like Authors Guild v.

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Copyright Copyright Law Fair Use Law 138

IP Tech Blog

NOVEMBER 29, 2023

18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked. 1258 (2023) weighed in favor of Netflix. Netflix, Inc. ,

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. I speculated that this was an attempt to avoid a messy fair use dispute. is being used as code. Case 1- Doe 1 v. GitHub Inc.,

Litigation 98

Litigation Fair Use Copying Derivative Work 98

SpicyIP

OCTOBER 14, 2024

Discussing the US decision in Hachette Book Group v. Internet Archive, Tanishka Goswami explains the implication of the decision on fair use and access to information. The defendant did not claim ownership of the “Levi’s” trademark and only denied selling such goods. Mrs Arti Gupta & Anr.

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Trademark Registering Trademarks IP Copyright 105

Kluwer Copyright Blog

OCTOBER 17, 2023

District Court of Columbia of 18 August 2023, No 22-1564, specifying that ‘human authorship is a bedrock requirement of copyright’. On 21 February 2023, the USCO reviewed the registration of the comic book “Zarya of the Dawn” (Registration No. Moreover, the Italian Supreme Court, in decision no.

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Copyright Art Copyright Law Licensing 125

Patently-O

SEPTEMBER 1, 2023

Although the notice focuses on copyrightability, ownership questions will also come into play. In building the training model, we often have copying of works without license, and so the key inquiry under current law appears to be the extent that fair use applies to protect the AI system generators.

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Copyright Copying Derivative Work Licensing 94

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 31. GitHub, Inc.

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Blogging Licensing Privacy Copyright Notice 132

LexBlog IP

NOVEMBER 29, 2023

18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked. Netflix, Inc. , 3:22-cv-131 (W.D.

Fair Use 52

Fair Use Cease and Desist Social Media Art 52

LexBlog IP

JULY 12, 2023

The new social media platform Threads was launched on July 5, 2023. Ownership of a registered trademark may not be enough to claim an account. Platforms will typically also consider how a name is being used, including whether the name might be used in accordance with fair use principles.

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Social Media Branding Branding Brands 52

Copyright Lately

MAY 1, 2023

billion in the first quarter of 2023 , largely driven by successful releases from Morgan Wallen, Taylor Swift, and the aforementioned Drake. Companies have to obtain permission and execute a license to use copyrighted content for AI training or other purposes, and we’re committed to maintaining these legal principles.”

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Music Copyright Copying Copyright Law 93

LexBlog IP

SEPTEMBER 14, 2023

.” Allen requested reconsideration on January 24, 2023, “arguing that the examiner had misapplied the human authorship requirement and that public policy favored registration.” Allen requested a second reconsideration on July 12, 2023, based on a number of arguments. .” Therefore, they dismissed this argument.

Art 52

Art Copyright Registration Fair Use 52

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. Otherwise, u/s.

Copying 52

Copying Copyright Copyright Infringement Fair Use 52

LexBlog IP

OCTOBER 3, 2023

On August 18, 2023, the US District Court for the District of Columbia affirmed the U.S. Copyright Office’s denial of a copyright application for a work created using generative AI due to lack of human authorship ( Thaler v. Comments can be submitted electronically through regulations.gov until October 18, 2023.

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IIPRD

JUNE 9, 2024

This will give recognition to those persons and provide them with ownership rights for that intellectual activity. Ruling in favor of Hermès, Mason Rothschild was held accountable for trademark infringement, dilution, and cybersquatting on all three counts by a federal jury in Manhattan on February 8, 2023.

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Intellectual Property Non-Fungible Tokens Trademark Designs 59

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. Stability AI, three artists filed a claim on the basis that their work was used by the AI to train the algorithm and use them in a transformative manner to create new work. [5]

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Art Artwork Intellectual Property Copyright Law 52

LexBlog IP

SEPTEMBER 15, 2022

Indeed, the directors of the US Patent and Trademark Office and US Copyright Office are in the process of conducting a joint study to untangle the various interests at play, having promised Sens. Thom Tillis and Patrick Leahy they will deliver findings by June 2023.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

LexBlog IP

APRIL 13, 2022

2] Dash originally planned to use SuperFarm, an NFT website, to mint and sell the NFT of the album. [3] Tarantino [14] also involves a dispute over copyright ownership, along with claims for trademark infringement and breach of contract. A trial is set to begin February 28, 2023. Miramax LLC v.

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Non-Fungible Tokens Social Media Contracts Brands 52

Technology & Marketing Law Blog

AUGUST 16, 2023

This paradigm, however, breaks down when copyright ownership is contested. In that circumstance, the takedown notice becomes a proxy battle for a larger and likely fact-dependent war over ownership, which the service in the middle isn’t in a good position to resolve. 2023 WL 5211628 (N.D. 2023 WL 4157446 (C.D.

Ownership 75

Ownership Cease and Desist Fair Use Copyright 75

Technology & Marketing Law Blog

APRIL 1, 2023

Maritas, 2023 WL 2726030 (E.D. March 30, 2023) * * * BONUS 1: Edelmania Productions, LLC v. Jordan Service, 2023 WL 424238 (C.D. Construing these allegations as true and in Service’s favor, Service subjectively believed that he possessed an ownership interest and that he never approved the Comedy Dynamics deal.

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Fair Use Cease and Desist Contracts Ownership 111

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Barrett Financial Group, LLC , 2023 WL 7552330 (D. 14, 2023) BONUS: Some other 2023 Quick Links About 512 * Cook v. Maximus International Specialists, 2023 WL 2603756 (S.D. Adolly.com, 2023 WL 5672170 (D. Prior Posts on Section 512(f) * 512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v.

Fair Use 75

Fair Use Cease and Desist Copyright Ownership 75

Technology & Marketing Law Blog

APRIL 29, 2023

April 21, 2023) Prior Posts on Section 512(f) * You’re a Fool if You Think You Can Win a 512(f) Case–Security Police and Fire Professionals v. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Never has, never will.

Fair Use 105

Fair Use Cease and Desist Copyright Trademark 105

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]

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Licensing Fair Use Copyright Derivative Work 52

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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IP Copyright Trademark Intellectual Property 124

43(B)log

JUNE 26, 2023

Big Fish Entertainment, LLC, 2023 WL 4053871, No. 16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. It developed the show with Big Fish, but the parties agreed that A&E would have exclusive ownership of the rights in Live PD. “In

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Social Media Copying Fair Use Advertising 59

43(B)log

AUGUST 4, 2023

New cultural policy in Australia, 2023: fear of voices being drowned out. Regulating terms of trade also permitted, including © ownership/exclusivity/restricting investment in local productions. There’s no protection for circumvention aimed at noninfringing or fair uses in most circuits. Canada, Bill C-11 passed.

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Copyright Fair Use Marketing Marketing 52

Trading Secrets

NOVEMBER 2, 2023

Fair Use: The Executive Order encourages data sharing and research. Fair use and licensing agreements become significant concerns, as AI developers utilize existing datasets and copyrighted content for training and testing. This raises questions about the ownership and fair use of AI-discovered orphan works.

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Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 2, 2023

Fair Use: The Executive Order encourages data sharing and research. Fair use and licensing agreements become significant concerns, as AI developers utilize existing datasets and copyrighted content for training and testing. This raises questions about the ownership and fair use of AI-discovered orphan works.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

Fair Use: The Executive Order encourages data sharing and research. Fair use and licensing agreements become significant concerns, as AI developers utilize existing datasets and copyrighted content for training and testing. This raises questions about the ownership and fair use of AI-discovered orphan works.

Copyright 52

Copyright Intellectual Property Fair Use IP 52