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. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

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Copyright Lately

MAY 22, 2023

Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. Andy Warhol Foundation v.

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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] The amount and substantiality of the portion used in relation to the copyrighted work. Since the Supreme Court’s decision in Campbell v.

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Kashishipr

MAY 25, 2021

A blog is like any other creative work of literature manifested in a different form. Due to creative and original use of expressions, blogs are deemed to be counted as private property for which Intellectual Property Rights (IPRs) can be sought. Copyright and Blogs. Alternatives to Seeking Copyright Protection.

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Technology & Marketing Law Blog

FEBRUARY 25, 2024

The court finds fair use. Purpose and Character of Use. However, to copy any less than the entire frame of each video would have disturbed the material and made the videos useless to the commentary. 22, 2024) The post Reaction Videos Are Fair Use–Thiccc Boy v. ” Amount Taken.

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Intepat

NOVEMBER 19, 2024

For business owners, publishers, and sellers, understanding copyright can prevent legal issues and ensure fair use of content. Copyright grants the author or creator exclusive rights to use, distribute, and sell their work. Copyright in books gives the author control over how their work is used, reproduced, and distributed.

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Kluwer Copyright Blog

APRIL 8, 2024

Copy-reliant technologies have banked heavily on that principle over recent years and it wouldn’t be a stretch to say that the principle of non-expressive use has become the legal foundation of how the internet essentially works. Litigation against these models has piled up at the same breakneck speed as they have gained ground.

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The IP Law Blog

MAY 25, 2023

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. However, the majority rejected this argument, stating that the new expression alone did not determine the purpose or character of the copying use. In a closely watched copyright case, the U.S.

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Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. To briefly summarize, the court left the fair use question entirely to the jury, despite its own pre-trial order and the Supreme Court’s recent decision in Google v. An appeal in Alexander v.

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Technology & Marketing Law Blog

FEBRUARY 12, 2024

We’ve blogged some of his cases before ( 1 , 2 ), including the lower court ruling in this case. This is what I call a “commercial editorial use”–ad-supported editorial content. Courts routinely split on whether commercial editorial use is commercial for fair use purposes. Amount Taken.

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LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] It found that all four fair use factors weighed against fair use. [12] Goldsmith counterclaimed for copyright infringement.

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SpicyIP

FEBRUARY 17, 2025

Akshat Agrawal is a Senior Associate at Saikrishna and Associates and has previously written on the blog here. The US District Court for the District of Delaware’s recent opinion in Thomson Reuters and West Publishing v. [ This post is authored by Akshat Agrawal and Sneha Jain. Views expressed here are those of the authors alone.

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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. It wasn’t until the late 1900s that courts in the UK began to recognize a problem with the tendency towards legal copyright.

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Plagiarism Today

JULY 27, 2021

The first controversy came to light on July 19 as fans of the 1992 Japanese Nintendo Game Monster in my Pocket , noticed that the BTS song sounded very similar to the game track Towering Catastrophe , which was used on the fourth level of the game. Though the laws in Korea and Japan are different, many of those same obstacles remain.

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SpicyIP

JANUARY 31, 2025

The Centre for Intellectual Property Research and Advocacy [CIPRA] of Symbiosis Law School, Hyderabad is organizing its first blog writing competition in collaboration with us on the theme of Literature, Journalism and IP. The top two entries will be awarded with some cash prizes and also with a chance to be published on the blog!

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Technology & Marketing Law Blog

FEBRUARY 11, 2025

Note 2: I don’t have a problem with saying that a collection of headnotes may be subject to a compilation copyright, but I’m not sure ifRoss copied the selection/arrangement/ coordination of the headnote collections.) 4) I disagree with the court’s application of the fair use transformative standard.

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Technology & Marketing Law Blog

AUGUST 19, 2024

It implicates most of the key issues, including copyrightability (especially the idea/expression dichotomy); infringement; and fair use. The opposite of “copying-in-fact” is independent creation, i.e., the defendant independently executed a similar output to the copyright-protected work.

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Technology & Marketing Law Blog

MAY 30, 2022

The Rusty Krab court expands upon these points in its subsequent section detailing findings of law, but its discussion is fairly conclusory, mainly comprising maxims about what a parody is and isn’t rather than specific discussion of the defendants’ use and why it fails to qualify. Pixi Universal, LLC, 2022 WL 909865 (S.D. March 25, 2022).

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Michael Geist

DECEMBER 3, 2024

Unlike the NY Times, which focused on both the inputs (the materials used to train ChatGPT) and the outputs (allegations ChatGPT occasionally provides copyright infringing results), the Canadian claim only target the inputs with no allegation that ChatGPT results are infringing. This isn’t me speculating.

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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. Arguably, AI models do not store copies of training data.

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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. — I’ve only touched on a fraction of the issues in this case, and this blog is already well over 2,000 words. 22-cv-7074-JST, ECF No.

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Technology & Marketing Law Blog

MARCH 11, 2022

I previously blogged this case last year. In response, Newman, the community moderator, copied all of the community’s posts and uploaded them to Dreamwidth–an action we used to call “mirroring” in the old days. Nevertheless, the registration is worthless because Newman qualifies for fair use. ” Nature of Use.

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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. Unbeknownst to Ms.

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IP Tech Blog

MARCH 28, 2023

A federal district court in New York held that the Internet Archive’s Open Library project was engaging in copyright infringement by publishing digital copies of millions of books online. The court engaged in an extensive analysis of whether the purpose and character of Internet Archive’s use was transformative. of America v.

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The IP Law Blog

NOVEMBER 30, 2023

Ross Intelligence Inc will provide guidance for similar AI training/copyright infringement cases and, as a bonus, it provides a bit of clarity (or muddies the waters… depending on your point of view) in the application of a post-Warhol fair use defense. These are the basic facts underlying this lawsuit.

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Plagiarism Today

JULY 8, 2021

However, others, including Julia Reda, a former Pirate Party MEP, published a blog post claiming that it isn’t. According to the court, Google’s use was transformative enough to be a fair use. Is it so short that its use is a fair use? Is it identical?

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Technology & Marketing Law Blog

DECEMBER 11, 2023

Thus, we learn nothing from the Second Circuit about how the new trademark use test should be applied going forward. As the new threshold test for application of Rogers , courts can’t simply assume trademark use based on the close copying of the plaintiff’s goods. Tam , 582 U.S. 218 (2017); Iancu v. Brunetti , 139 S.

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Technology & Marketing Law Blog

MARCH 29, 2023

Prutton admitted to copying and said that his adult daughter had helped him with his website. (A The CCB in the Final Determination sidesteps that issue, and looks to Prutton’s two defenses: fair use and unclean hands. Fair Use: From my perspective, the fair use analysis is what I’ve been waiting for.

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Technology & Marketing Law Blog

AUGUST 12, 2021

means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.”. Fair use : The court also grapples with fair use. Is Embedding a Display?

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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. The court rejects Goodman’s motion to dismiss.

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Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

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Biswajit Sarkar Copyright Blog

FEBRUARY 5, 2025

Record labels argue that AI developers infringe on copyright when using their catalog for training without authorization. Digital Millennium Copyright Act (DMCA): This law protects against unauthorized digital copying and distribution. However, the extent to which AI training qualifies as fair use remains contentious.

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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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Technology & Marketing Law Blog

OCTOBER 26, 2021

She sent takedown notices to the blog’s “registrar” (this is the court’s word), GoDaddy, which GoDaddy honored. The bloggers countered with fair use. The court doesn’t see it: Nature of use. Some prior blog posts on 512(h): 512(h) Doesn’t Preempt Doe Unmasking Lawsuits–Strike 3 v.

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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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Technology & Marketing Law Blog

JUNE 2, 2022

Nature of Use. “Von D presumably did not need to copy the pose from the Portrait in order express a sentiment of melancholy.” It wasn’t possible to use only a portion of the photo to depict melancholy, so I guess the court is saying Kat Von D should have picked a different image altogether? ” Huh?

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Technology & Marketing Law Blog

SEPTEMBER 29, 2024

Prior blog post. The denial of fair use stands, but the damages get zeroed out. Fair Use Nature of Use “Defendants’ use of the tattoos was clearly commercial.” ” I could see the fair use analysis going the other way on appeal. ” Really? 3:18-cv-00966-SMY (S.D.

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