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. Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , No.

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TorrentFreak

APRIL 23, 2024

The organization literally archives key parts of the Internet, copying older versions of websites to preserve them for future generations. The organization doesn’t license authorized digital copies from publishers; instead, its books are scanned and digitized in-house. IA has plenty of other archive projects too.

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Copyright Lately

OCTOBER 6, 2024

A new lawsuit over Broadway’s Stereophonic tests copyright’s limits, as Fleetwood Mac’s former sound engineer claims the hit play copies his real-life story about working on the Rumours album. In that case, the court ruled in Adjmi’s favor because 3C was a parody of the sitcom and protected by fair use.

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43(B)log

FEBRUARY 4, 2023

A Few Words for a Lost Friend: Tribute to Dmitry Karshtedt (Bob Brauneis, Mark Lemley, Jake Sherkow) Closing Plenary Session: Fair use Robert Brauneis, Copyright Transactions in the Shadow of Fair Use Suppose a work does not infringe another work because and only because it’s been ruled a fair use.

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Copyright Lately

APRIL 23, 2021

The Andy Warhol Foundation (AWF) is asking the Second Circuit to reconsider its recent fair use ruling over Warhol’s “Prince Series,” arguing that the decision “threatens to render unlawful many of the most historically significant artistic works of the last half-century.”. Andy Warhol’s “Prince Series”. Goldsmith , the U.S.

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IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No. Unbeknownst to Ms.

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TorrentFreak

JUNE 14, 2022

Internet Archive later called for a peaceful solution , offering to partner with publishers to create a “digital system that works” A month later IA filed its answer to the complaint supported by defenses under fair use and the DMCA’s safe harbor provisions, and later attempted to show that its library did publishers no harm.

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Copyright Lately

AUGUST 19, 2024

The AI copyright and fair use trial in Thomson Reuters v. On Friday, August 23, jurors are scheduled to hear opening statements in the first trial to test whether using copyrighted data to train an AI program qualifies as fair use. Ross Intelligence may not be glamorous, but it will be groundbreaking.

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IPilogue

OCTOBER 1, 2022

Fischer found triable issues on substantial similarity and fair use. In comparison, previous copyright infringement cases over tattoo art focus on an existing tattoo being reproduced in another work rather than the copying of a reference image. Supreme Court in The Andy Warhol Foundation for The Visual Arts, Inc.

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SpicyIP

DECEMBER 6, 2023

In St Art India Foundation v. Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 2(c), the fair use exemption thereof under Sec. 166 of Create, Copy, Disrupt).

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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. Winston & Strawn , 23-cv-11193 (S.D.N.Y.

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LexBlog IP

MAY 24, 2023

Warhol’s use of Prince’s photo (taken by Lynn Goldsmith) was not entitled to fair use. The Court found that Goldsmith’s earlier photo and Andy Warhol’s use served the same commercial purpose – as a magazine illustration. I am not so sure. Take a look a the illustration above.

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The IP Law Blog

APRIL 8, 2021

Finding Google’s copying a fair use, the Supreme Court ended Oracle’s decade-long attempt to recover copyright damages. In designing the mobile platform, Google independently developed most of the code but copied what the parties referred to as “declaring code” for 37 application programming interfaces, or APIs.

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43(B)log

AUGUST 9, 2024

Visual art for examples, but can be extended to music and text. Is this relevant to fair use? Satire involves using the same style to clothe different ideas; therefore it shouldn’t infringe (lack of substantial similarity as in the Greatest American Hero case; German case law; perhaps the jury’s reasoning in the Kat von D case).

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SpicyIP

APRIL 15, 2024

Discussing the implications of unauthorized use of materials for training Generative AI models, we are pleased to bring to you this guest post by Goutham Rajeev and Vedant Bharadwaj Singh. Training GenAI: Infringement or Fair Use? The authors are third year students at the Hidayatullah National Law University, Raipur.

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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. Through this post, I shall: firstly , examine the Appellate Court’s “fair use” analysis w.r.t.

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LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No.

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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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IPilogue

SEPTEMBER 29, 2021

The legal question at the center of the dispute is whether Warhol’s series is fair use of Goldsmith’s original photograph. A permissible derivative creation, or fair use, requires transformative changes made to the original. The trial judge John G. The implication of the result will be far-reaching.

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Copyright Lately

OCTOBER 2, 2023

It’s time to start paying attention though, because a Delaware District Court judge just ordered this low-profile AI case to trial, largely denying the parties’ motions for summary judgment on copyright infringement and fair use (read the opinion here). These copies, Ross claims, are fair use.

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Technology & Marketing Law Blog

AUGUST 8, 2021

Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use. The Crony graphic also doesn’t qualify for fair use: Nature of Use. Case citation : National Academy of TV Arts and Sciences v.

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Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. Percentage of Original Material Used.

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TorrentFreak

SEPTEMBER 30, 2021

The company, known for its popular “X-Art” brand, has gone after thousands of alleged file-sharers in U.S. These include misuse of copyright, fair use, unclean hands, and excessive damages. — A copy of John Doe’s first amended answer and counterclaims, filed at a federal court in Texas, is available here (pdf).

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43(B)log

FEBRUARY 16, 2022

Summary of argument: The constitutional goal of copyright protection is to “promote the progress of science and useful arts,” Art. It is that functionality, and not the copying, to which Apple truly objects. But fair use protects precisely this kind of analysis. Corellium security research dispute.

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Technology & Marketing Law Blog

MARCH 6, 2022

” With respect to whether Babybus’ baby character infringed Moonbug’s baby, Babybus claimed that the alleged copying related to generic features found in nature. . Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

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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. At issue before the Supreme Court in Andy Warhol Foundation for the Visual Arts Inc. copyright law. copyright law. Copyright law in the U.S.

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43(B)log

MAY 2, 2023

19, 2022) Technically, the trademark analysis here is weird (the parties agreed that the copyright fair use analysis would determine the trademark fair use analysis; the plaintiff’s lawyer is Higbee, FWIW), but the trademark claim is so clearly Dastar -barred and parasitic on the copyright claims that it’s hard to object.

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Velocity of Content

JULY 31, 2024

These misunderstandings extend to content used in end user applications of AI, such as the summarization of collections of articles, interrogation of documents for insights, automation of literature screening, and creation of visualizations of content sets, among others. No copies are made during the process of training generative AI systems.

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Technology & Marketing Law Blog

OCTOBER 26, 2021

The bloggers countered with fair use. The court doesn’t see it: Nature of use. It’s true that the defense has the burden on fair use, but it’s also problematic to require defendants to prove the negative). An Unmasking Effort Gets Gutted Some More – Art of Living Foundation v.

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The IP Law Blog

MARCH 2, 2023

According to Getty Images, Stability copied Getty’s photographs with associated text and metadata to train its Stable Diffusion model, which uses AI to generate computer-synthesized images in response to text prompts. According to Getty, this is clear copyright infringement. Goldsmith case that is currently before the Supreme Court.

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The IP Law Blog

SEPTEMBER 30, 2022

Using a copyrighted song, or portion of a song, in a presentation, at an event, on your website, or on social media. Modifying an image or photo and using it in a presentation, brochure, on your website, or on social media. Making a copy of a video or audio recording. If you don’t own the text, image, video, art, etc.,

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LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc.

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IPilogue

OCTOBER 12, 2022

Netflix also holds the position that Barlow and Bear “ copied liberally and nearly identically ” the elements of expression, dialogue, characters, and key plot points from Bridgerton. 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.

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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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SpicyIP

MAY 1, 2023

Some have argued in favour of fair use, at least in the US context. It has been contended that use of databases should generally be allowed for training, whether the contents of such database are copyrighted or not. It could be argued that such use is protected under Section 52(1)(b) of the Act (i.e.

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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. Generative AI Computer-generated art reached a tipping point in 2022.

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