Blogging, Copying, Fair Use and Licensing - Intellectual Property Pulse

Internet Archive: Digital Lending is Fair Use, Not Copyright Infringement

TorrentFreak

DECEMBER 18, 2023

Patrons can also borrow books that are scanned and digitized in-house, with technical restrictions that prevent copying. Staying true to the centuries-old library concept, only one patron at a time can rent a digital copy of a physical book for a limited period. Mass Copyright Infringement or Fair Use?

Fair Use

Fair Use Copyright Infringement Copyright Copying

Let’s Go Hazy: Making Sense of Fair Use After Warhol

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.

Fair Use

Fair Use Licensing Copying Artwork

Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. IJR

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. In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. IJR argued that Philpot provided free licenses to the work. Amount Taken.

Fair Use

Fair Use Licensing Copyright Marketing

Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use

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, Andy Warhol not only used Ms. Goldsmith et al, Case No.

Fair Use

Fair Use Derivative Work Copying Licensing

When is it Fair Use to Use a Photo to “Illustrate” an Article?

Technology & Marketing Law Blog

AUGUST 31, 2021

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. These three cases address fair use in this context. McGucken moved for summary judgment on the fair use defense. The second factor weighs slightly against fair use.

Fair Use

Fair Use Journalism Licensing Marketing

Fair Use: Graham v. Prince and Warhol v. Goldsmith

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.

Fair Use

Fair Use Art Licensing Copyright Infringement

Can Intellectual Property Rights Safeguard Your Blog?

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.

Intellectual Property

Intellectual Property Blogging Fair Use Registration

Ownership, Licensing, and Fair Use of Copyright for Webinars

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

This will make the AV recording an illegal copy (unless the creation of it is authorised under Section 52 ), and the person producing the recording will have no copyright over that recording, even if they are its effectuator, due to Section 13(3). Fair use; webinar recordings.

Fair Use

Fair Use Ownership Copyright Licensing

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

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] Vanity Fair , in turn, commissioned Warhol to make a silkscreen using Goldsmith’s photograph. He did just that.

Fair Use

Fair Use Derivative Work Art Licensing

Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. WWE 2K (Guest Blog Post)

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.

Blogging

Blogging Fair Use Copyright Infringement Copyright

The Doctrine of Fair Use in Copyright Law

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.

Fair Use

Fair Use Copyright Law Copyright Law

Record Label Sends Bogus Takedown Notice, Defeats 512(f) Claim Anyway–White v. UMG

Technology & Marketing Law Blog

SEPTEMBER 15, 2024

But the sender’s dereliction in this case really got to me, so it’s worth the blog post. Jenks licensed the beat non-exclusively to Jordan White (a/k/a G-BABY GVVAAN), who incorporated it into a song called “ Oi! Surprise, another 512(f) claim fails. Babybus * A 512(f) Plaintiff Wins at Trial! Alper Automotive v.

Fair Use

Fair Use Cease and Desist Ownership Licensing

Photo Licensing Service Qualifies for DMCA Online Safe Harbor–Steinmetz v. ShutterStock

Technology & Marketing Law Blog

SEPTEMBER 23, 2022

In 2022, I’ve blogged just one other 512(c) case ( Davis v. The case involves ShutterStock, a photo licensing service. (We We used ShutterStock as the blog’s image provider for several years). Only 2 visitors saw the subject image in ShutterStock’s database and neither licensed it. Pinterest ).

Licensing

Licensing Copying Blogging Copyright

Too Rusty For Krusty–Nickelodeon v. Rusty Krab Restaurant (Guest Blog Post)

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.

Blogging

Blogging Social Media Television Fair Use

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

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.

Blogging

Blogging Copyright Contracts Cease and Desist

Tattoo Trouble for Video Game Creators

IPilogue

DECEMBER 9, 2022

In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of the tattoos. was released. Citing Muhammad-Ali v.

Fair Use

Fair Use Copying Licensing Copyright

Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging

Blogging Copying Social Media Copyright

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

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?

Social Media

Social Media Copyright Fair Use Licensing

Instagram Embedding Cases Continue to Vex the Courts–McGucken v. Newsweek

Technology & Marketing Law Blog

APRIL 6, 2022

Blog post on the prior ruling here.). Was the embed a “display” under the Copyright Act : Newsweek relied on the server test to argue that its use of the embed functionality offered by Instagram did not result in a display of the photograph. The “Platform Policy” appears to grant a broad license to users of the API. For example.

Licensing

Licensing Fair Use Blogging Copyright

Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik v. Kat Von D

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?

Copyright

Copyright Social Media Fair Use Licensing

Tips for Avoiding Copyright Infringement

The IP Law Blog

SEPTEMBER 30, 2022

It also protects images, photos, videos, and other written work, such as blog posts. 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. That is not the case.

Copyright Infringement

Copyright Infringement Copyright Social Media Fair Use

Statutory Licensing in India in the Age of Online Music Streaming: A Comment on Tips vs. Wynk

Kashishipr

JUNE 9, 2021

With the onset of the trend wherein users are gradually switching to online streaming to meet their music needs and discarding traditional methods such as radio, television, and music CDs, compulsory licensing for the internet was recognized as a key policy issue by the music industry last year. Background. The Plaintiff, Tips Industries Ltd.,

Music

Music Licensing Television Copyright Infringement

Bridgerton Helps Navigate The Limits Of The Fan Fiction Defence In Intellectual Property

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.

Intellectual Property

Intellectual Property Social Media Fair Use Music

“The Copyright Case of the Century”: Final Settlement between Google and Oracle on API Copyright Infringement

IPilogue

OCTOBER 26, 2021

It started out in 2010 when Oracle sued Google for copying the application programming interfaces (APIs) of Java, a programming language developed and licensed by Sun Microsystems and later acquired by Oracle, in Google’s development of the Android operating system. Oracle appealed successfully.

Copyright Infringement

Copyright Infringement Copyright Fair Use Settlement

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

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).

Fair Use

Fair Use Derivative Work Blogging Licensing

Protecting Application Programming Interfaces (API) Through Intellectual Property Laws

Kashishipr

OCTOBER 27, 2021

Still, if keeping it as a trade secret is preferred, the entity owning the information can consider licensing its API while explicitly preventing it from reverse engineering or sharing the same with a third party by the inclusion of a separate clause. Accolade case, wherein Accolade had copied Sega’s API code. Conclusion.

Intellectual Property Law

Intellectual Property Law Intellectual Property Law Fair Use

Canadian Copyright, Fair Dealing and Education, Part One: Setting the Record Straight

Michael Geist

FEBRUARY 21, 2023

Canadian copyright lobby groups have relentlessly lobbied the government to overturn decades of Supreme Court of Canada jurisprudence, seeking unprecedented restrictions on fair dealing that include eliminating it for educational institutions if a licence is available. The addition of “education” was hardly an overhaul.

Copyright

Copyright Licensing Higher Education Fair Use

Kat Von D, Think Before You Ink

IPilogue

OCTOBER 1, 2022

Fischer found triable issues on substantial similarity and fair use. Kat Von D did not request authorization or a license to reproduce the image. To freehand ink the tattoo, Kat Von D created a stencil by using a light box to trace the Davis photograph. Background. For example, in Alexander v.

Copyright Infringement

Copyright Infringement Fair Use Art Copyright

BALANCING PUBLIC INTEREST AND CORPORATE RIGHTS: LESSONS FROM THE UNIVERSITY OF OXFORD V. RAMESHWARI PHOTOCOPY SERVICE CASE

Intepat

SEPTEMBER 27, 2024

filed a copyright infringement lawsuit against Rameshwari Photocopy Service and the University of Delhi for allegedly infringing their copyrighted content and distributing the course packs without any license from the publishers. Section 52(1) (i) is a key provision that highlights the importance of fair use in education.

Intellectual Property

Intellectual Property Publishing Copyright Law Copyright

Court Orders Instagram to Expose Pirates, Boot Their Accounts, and Purge URLs

TorrentFreak

MAY 26, 2023

The TV production is licensed to Sony LIV and was a huge success. As highlighted by the law blog SpicyIP , the court issued a so-called dynamic injunction, which goes much further than a simple takedown request. Alternatively, they may be classified as fair use.

Social Media

Social Media Copyright Infringement Ownership Fair Use

Tips for Avoiding Copyright Infringement

LexBlog IP

SEPTEMBER 30, 2022

” It also protects images, photos, videos, and other written work, such as blog posts. 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.

Copyright Infringement

Copyright Infringement Copyright Social Media Fair Use

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

DECEMBER 15, 2021

As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure. A few plaintiffs have won default judgments (including one I blog below). The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. A New 512(f) Plaintiff Win!

Registration

Registration Fair Use Copyright Designs

HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

JIPL Online

MARCH 15, 2021

1] This blog will briefly summarize a few of the notable copyright infringement cases Netflix has defended against in the United States. In 2018, the Satanic Temple sued Netflix for fifty million dollars when Netflix used a sculpture of a goat-headed deity on “The Chilling Adventures of Sabrina.” [9] ANALYSIS/PREDICTION.

Copyright Infringement

Copyright Infringement Copyright Public Domain Derivative Work

Copyright Infringement by Andy Warhol in his Celebrity Silkscreen Series

IPilogue

SEPTEMBER 29, 2021

The series was originally commissioned by Vanity Fair after it bought the license of the photo portrait from Goldsmith. The legal question at the center of the dispute is whether Warhol’s series is fair use of Goldsmith’s original photograph. The trial judge John G. The implication of the result will be far-reaching.

Copyright Infringement

Copyright Infringement Copyright Art Fair Use

Warhol’s ‘Orange Prince’ Brought to Court: Part 2 (Arguments from Lynn Goldsmith)

IPilogue

DECEMBER 13, 2022

The question of whether Warhol’s Prince silkscreens may be considered fair use has now made its way up to the US Supreme Court, and on October 12th of this year, oral arguments were heard from both sides.

Art

Art Fair Use Intellectual Property Licensing

Deadly Dolls and a Forgotten Copyright Exception

Copyright Lately

SEPTEMBER 12, 2022

Section 113(c) would also allow me to use my photos in a blog post talking about how I flipped the t-shirts for a profit because Alyssa priced them too low. The local news could then take photos of the shirt to use in a story about what a lousy dad I am. Carlos Vila’s photo of Irina Shayk wearing Deadly Doll sweatpants.

Copyright

Copyright Derivative Work Artwork Fair Use

GitHub, Copilot and the Copyright Around AI

Plagiarism Today

JULY 8, 2021

The most vocal critics were in the open-source programming community , who were upset that GitHub trained their AI on significant amounts of open-source code and can even reproduce that code verbatim in some circumstances, but does not follow the respective open-source licenses. Is it so short that its use is a fair use?

Copyright

Copyright Fair Use Copyright Infringement Copying

Instagram Defeats Copyright Claim Over Its Embedding Feature–Hunley v. Instagram

Technology & Marketing Law Blog

SEPTEMBER 18, 2021

.” Perhaps the plaintiffs were concerned that Instagram has insufficient “volition” for the copies made by its servers; or perhaps Instagram can claim the 512 safe harbor for any embedded user-uploaded files (but the 512 safe harbor also applies to contributory infringement, so this theory isn’t very plausible).

Copyright

Copyright Copyright Infringement Social Media Licensing

Parliamentary Standing Committee and Copyright Reform: One Step Forward, Three Steps Back

SpicyIP

JULY 29, 2021

Limitations on storage of copied works in digital formats. To put things in perspective, even the most IP-friendly jurisdiction of US in Cambridge v. Becker has held 10% copying to be fair use in most cases, on top of the flexible ‘ Amount & substantiality ’ factor test in its fair use doctrine.

Copyright

Copyright Reporting Fair Use Copyright Law

Revisiting Alberta v Access Copyright: Resources for K-12 Educators in Canada

IPilogue

OCTOBER 4, 2021

Photocopying classroom materials in a K-12 public school system may have seemed harmless and benign before the 2012 Supreme Court of Canada case, Alberta v Canadian Copyright Licensing Agency (Access Copyright). Despite its benefits, copying materials can present consequences for the content’s owners, artists, and publishers.

Copyright

Copyright Copying Fair Use Editing

Artists Attack AI: Why The New Lawsuit Goes Too Far

Copyright Lately

JANUARY 23, 2023

It will learn that tables most commonly have four legs, but not always; that tables found in a dining room are used for seated persons to eat meals, while tables found next to a bed are used to hold objects like alarm clocks; that tables don’t need to be made from any particular material or have a particular color, etc.

Derivative Work

Derivative Work Art Copying Fair Use

The Intriguing Debate Over Copyrighted Content in AI Training: What Entrepreneurs Need to Know

LexBlog IP

FEBRUARY 11, 2024

Copying was tedious. Copying took effort. Those users are generating millions of posts, videos, blogs, images.every type of content imaginable; content readily accessible to millions of people all around the world. It was always perfectly clear to me what someone else authored and owned. That was then, this is now.

Copyright

Copyright Due Diligence Content Creation Copyright Law

Kluwer Copyright Blog

FEBRUARY 2, 2023

There will be debates over whether generative AI is, for the purposes of copyright, a tool used by a human author or is an autonomous creator of works (see previously on this blog e.g. here , here , here and here ). Very few jurisdictions expressly provide for copyright in computer-generated works.

Copyright

Copyright Art Fair Use Registration

Best practices to avoid copyright infringement

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Thus, it is the unauthorised use of someone else’s copyrighted work that violates the owner’s rights, such as the right to reproduce, distribute, exhibit, or perform the protected work. In this blog we will take a look at best practices to avoid copyright infringement. Recognize the subtleties of fair use.

Copyright Infringement

Copyright Infringement Copyright Public Domain Copying

Internet Archive: Digital Lending is Fair Use, Not Copyright Infringement

Let’s Go Hazy: Making Sense of Fair Use After Warhol

Trending Sources

Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. IJR

Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use

When is it Fair Use to Use a Photo to “Illustrate” an Article?

Fair Use: Graham v. Prince and Warhol v. Goldsmith

Can Intellectual Property Rights Safeguard Your Blog?

Ownership, Licensing, and Fair Use of Copyright for Webinars

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. WWE 2K (Guest Blog Post)

The Doctrine of Fair Use in Copyright Law

Record Label Sends Bogus Takedown Notice, Defeats 512(f) Claim Anyway–White v. UMG

Photo Licensing Service Qualifies for DMCA Online Safe Harbor–Steinmetz v. ShutterStock

Too Rusty For Krusty–Nickelodeon v. Rusty Krab Restaurant (Guest Blog Post)

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Tattoo Trouble for Video Game Creators

Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

Instagram Embedding Cases Continue to Vex the Courts–McGucken v. Newsweek

Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik v. Kat Von D

Tips for Avoiding Copyright Infringement

Statutory Licensing in India in the Age of Online Music Streaming: A Comment on Tips vs. Wynk

Bridgerton Helps Navigate The Limits Of The Fan Fiction Defence In Intellectual Property

“The Copyright Case of the Century”: Final Settlement between Google and Oracle on API Copyright Infringement

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Protecting Application Programming Interfaces (API) Through Intellectual Property Laws

Canadian Copyright, Fair Dealing and Education, Part One: Setting the Record Straight

Kat Von D, Think Before You Ink

BALANCING PUBLIC INTEREST AND CORPORATE RIGHTS: LESSONS FROM THE UNIVERSITY OF OXFORD V. RAMESHWARI PHOTOCOPY SERVICE CASE

Court Orders Instagram to Expose Pirates, Boot Their Accounts, and Purge URLs

Tips for Avoiding Copyright Infringement

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

Copyright Infringement by Andy Warhol in his Celebrity Silkscreen Series

Warhol’s ‘Orange Prince’ Brought to Court: Part 2 (Arguments from Lynn Goldsmith)

Deadly Dolls and a Forgotten Copyright Exception

GitHub, Copilot and the Copyright Around AI

Instagram Defeats Copyright Claim Over Its Embedding Feature–Hunley v. Instagram

Parliamentary Standing Committee and Copyright Reform: One Step Forward, Three Steps Back

Revisiting Alberta v Access Copyright: Resources for K-12 Educators in Canada

Artists Attack AI: Why The New Lawsuit Goes Too Far

The Intriguing Debate Over Copyrighted Content in AI Training: What Entrepreneurs Need to Know

AI and copyright in 2022

Best practices to avoid copyright infringement

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