Plagiarism Today

FEBRUARY 3, 2025

The Copyright Claims Board has ruled in favor of two podcasters in a bitter battle over fair use and a TikTok video. The post Do We Know Them Podcasters Win Fair Use CCB Case appeared first on Plagiarism Today.

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IP and Legal Filings

DECEMBER 23, 2024

Fair Use is one of the principles being mooted in defense of OpenAI to argue that the latters Use of the formers copyrighted content fits within Fair Use thresholds and is, thereby, justifiable. 2015), also known as the Google Books Case. [2]

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Technology & Marketing Law Blog

MARCH 30, 2022

Mic covered this criticism in a story, “ Twitter is skewering the ‘New York Post’ for a piece on why a man ‘won’t date hot women.’ ” The Mic article included a screenshot of the NY Post article, including a portion of the licensed photo, at the top of its story. Nature of the Use. ” Nature of the Work. Market Effect.

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Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. Fair Use Precedent? Google Books and Transformative Use The past two decades have seen a wealth of technological developments, but generative AI is qualitatively different from everything that has come before. However, the U.S.

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TorrentFreak

DECEMBER 9, 2021

Cries of ‘Fair Use’ In thousands of social media posts, comments and numerous articles posted since Mark’s announcement, a common theme persists. Even considering the lack of fair use in Japan, they could’ve left the content up elsewhere. “I take my job very seriously.

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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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The Illusion of More

APRIL 2, 2024

The article summarizes a new Decoder podcast hosted by Nilay Patel, joined by Sarah Jeong to discuss the copyright lawsuits filed against generative AI developers. Most of the program is devoted to […] The post Decoder podcast: AI could go extinct because fair use is whimsical appeared first on The Illusion of More.

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IP Watchdog

DECEMBER 12, 2021

Court of Appeals for the Second Circuit holding that Andy Warhol’s Prince Series did not constitute fair use of Lynn Goldsmith’s photograph. The Second Circuit held in March that “the district court erred in its assessment and application of the fair-use factors and the works in question do not qualify as fair use.”

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Plagiarism Today

FEBRUARY 15, 2024

The Copyright Claims Board has handed three more determinations, including one fair use issue and two questions on damages. The post 3 New Copyright Claims Board Decisions appeared first on Plagiarism Today.

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IP Watchdog

NOVEMBER 17, 2021

“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. Naturally, the way courts analyze the “fair use” defense must adapt as technology advances and the way in which creative content is developed evolves.

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SpicyIP

AUGUST 25, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? In this post, I offer my independent analysis of the law in relation to comparative advertising and nominative fair use and apply it against the specific YouTube commercial mentioned above. student at Amity University (School of Law), Kolkata. Pragya Jain.

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IP Watchdog

OCTOBER 12, 2022

Lynn Goldsmith, a case asking the nation’s highest court to determine whether Warhol’s unlicensed use of Goldsmith’s photographs of pop superstar Prince was a fair use of that copyright-protected photo.

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IP Watchdog

FEBRUARY 1, 2024

As often is the case with claims like these, the merits will center on the fair-use doctrine, a well-recognized legal principle in copyright law that aims to balance the interests of copyright holders with the public benefit of free speech and creative works.

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IP Watchdog

JANUARY 29, 2024

The two nearly identical final judgments were entered in favor of the photographer plaintiffs’ claims that Prince and the exhibiting galleries willfully infringed on their photographs, and the court dismissed all the defenses raised – including the fair use defense – with prejudice.

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IP and Legal Filings

NOVEMBER 22, 2023

Nominative fair use of a trademark is a legal doctrine that can be used as a defence in some types of trademark infringement cases. Following are the measures to be taken care of while taking nominative fair use as a defence – The use of the registered trade mark was bonfide. No sponsorship or endorsement.

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Intellectual Property Law Blog

JUNE 5, 2023

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] Goldsmith and, as a result, did not constitute fair use. [2] 107), “when it conveys a different meaning or message from its source material.”

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Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2016, the defendant IJR published an article/listicle titled “15 Signs Your Daddy Was a Conservative.” The IJR “article generated approximately $2 to $3 in advertising revenue for IJR based on the number of page views it received.” Larry Philpot is a repeat copyright plaintiff. One sign is listening to Ted Nugent. (I

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JD Supra Law

MAY 22, 2023

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 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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IP Watchdog

MARCH 28, 2022

Court of Appeals for the Second Circuit holding that Andy Warhol’s Prince Series did not constitute fair use of Lynn Goldsmith’s photograph. Goldsmith, Lynn, et. a case that asks the High Court to review a decision of the U.S.

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SpicyIP

MAY 2, 2022

You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? In response the Defendant claimed, “ fair use” and “ de minimis” use. Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts.

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IP and Legal Filings

JANUARY 2, 2025

The article then turns its attention to how social media culture is violating owners’ copyrights. 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. Super Cassettes Industries Ltd.

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IPilogue

NOVEMBER 11, 2021

This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very first international speaker from outside the United States. The Court of Appeal unanimously held that the scope and content of the fair dealing defence should include works of criticism.

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TorrentFreak

MARCH 11, 2025

Meta admitted the use of these unofficial sources early on. At the same time, however, the company denied the copyright infringement allegations, noting that it would rely on a fair use defense, at least in part. Meta could argue that the use of the pirated books as AI training data qualifies as fair use.

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Kluwer Copyright Blog

APRIL 8, 2024

Article 53(1)(c) sets out the obligation for general-purpose AI model providers to put in place a copyright compliance regime, i.e. a policy to respect Union copyright law, in particular to identify and respect, including through state-of-the-art technologies, the reservation of rights expressed under Art.

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The IPKat

JULY 7, 2024

See Katpost here ) With the introduction of Article 17 of the DSMD , this position has been reaffirmed, as online platforms must prevent the uploading of copyrighted content without proper authorisation, with the aim of ensuring that rightholders are remunerated for their works. 107 to apply. According to 17 U.S.C. § Goldsmith and Campbell v.

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Clancco

SEPTEMBER 30, 2021

Goldsmith] case is any indication, [Richard] Prince has an uphill battle to prove that he made fair use of [Donald] Graham’s image.” Brought to you by Azmina Jasani and Emelyne Peticca , who believe that if “the Warhol [v. they must pay for that material as well.”.

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Plagiarism Today

AUGUST 25, 2021

In that ruling, the Supreme Court found that Google’s use of the code was, ultimately, a fair use and did so with language that seemed to many to be extremely broad. Oracle case had no bearing on this one or any fair use analysis in an “artistic” context. At least not broadly. Bottom Line.

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Technology & Marketing Law Blog

JANUARY 18, 2025

Instead, XXL relied on a fair use defense, which works: Nature of use: “the video was the subject of the news story and because the article added new information and context about the contents of the video.” The court also rejects the fair use defense at the motion to dismiss stage.

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IP Watchdog

MAY 18, 2023

Court of Appeals for the Second Circuit was correct in holding that the Andy Warhol Foundation's (AWF's) licensing of an orange silkscreen portrait of the musician Prince, created by Andy Warhol using photographer Lynn Goldsmith’s photo, was not fair. The Supreme Court ruled today in Andy Warhol Foundation v. Goldsmith, Lynn, et.

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IP Watchdog

AUGUST 17, 2021

Court of Appeals for the Eighth Circuit yesterday reversed a Missouri district court’s grant of summary judgment for a group of real estate companies relating to copyright infringement claims brought by an architect over floorplans.

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43(B)log

MARCH 1, 2022

25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.

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43(B)log

AUGUST 16, 2021

PTRA alleged that Pasadena disrupted that relationship by interfering with its trademark rights in statements made in news articles and via an Instagram post: IG post using #RoseBowl and 1956 Rose Bowl program image The pandemic led the 2021 Rose Bowl Game to be played in Texas. The Instagram post was before the court and was NFU.

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IP Watchdog

FEBRUARY 8, 2024

Independent Journal Review reversing a ruling that an online reproduction of a photograph of singer-songwriter Ted Nugent constituted fair use. Court of Appeals for the Fourth Circuit issued an opinion in Philpot v.

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Plagiarism Today

OCTOBER 26, 2021

Costumes are considered “useful articles” and, similar to most of the fashion industry , does not qualify for any kind of copyright protection. . First, design elements that are “physically or conceptually separate” from the article can be protected. However, commercial use of costumes still raises legal questions.

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IP Watchdog

SEPTEMBER 6, 2024

This week in Other Barks & Bites: A House version of the Patent Eligibility Restoration Act (PERA) is introduced; Judge Pauline Newman’s suspension from hearing cases at the Federal Circuit, on which she has served for 40 years, is officially extended by the court’s Judicial Council; OpenAI asks a New York court to dismiss several claims in one (..)

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IP Law 360

AUGUST 24, 2022

s copyright infringement suit accusing him of unlawfully copying and distributing thousands of news articles from The Wall Street Journal, arguing that his actions are protected under fair use. A prominent investment manager has asked a Texas federal judge to dismiss Dow Jones & Co.'s

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