Art Law Journal

JULY 31, 2020

Knowing more about copyright and fair use will help you determine what is yours to use and what is off limits. Nicole Martinez.

Fair Use 73

Fair Use Blogging Copyright Social Media 73

Copyright Alliance

AUGUST 29, 2023

In the previous iteration of this blog (Part 1), we presented several movie copyright cases addressing the issues of copyright infringement and copyrightability.

Fair Use 80

Fair Use Copyright Copyright Infringement Blogging 80

JIPL Online

MARCH 15, 2021

With more content comes the increased possibility that Netflix is engaging in copyright infringement and on the receiving end of copyright infringement claims. [1] 1] This blog will briefly summarize a few of the notable copyright infringement cases Netflix has defended against in the United States.

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

IPilogue

DECEMBER 7, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. There is no copyright in facts and historical events; however, writers can claim copyright in their letters if they are sufficiently original. It is common practice for jockeys to equip horses with blinders.

Copyright Infringement 111

Copyright Infringement Art Copyright Cease and Desist 111

Michael Geist

DECEMBER 3, 2024

Canada’s largest media companies, including the Globe and Mail, Toronto Star, Postmedia, CBC, and Canadian Press, came together last week to file a copyright infringement lawsuit against OpenAI, the owners of ChatGPT. Much like Bill C-18, it would not surprise if coverage of the case sided with Canadian media companies.

Settlement 113

Settlement Copyright Licensing Copyright Infringement 113

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 refers to it more specifically as a “user’s right”.

Fair Use 110

Fair Use Copyright Law Copyright Intellectual Property 110

Technology & Marketing Law Blog

JANUARY 22, 2022

The court says the Dubtown video wasn’t copyright infringing because of fair use: Purpose/Character of Use. ” The videos were transformative, even if parts of precedent material were used verbatim. .” However, McFree made transformative uses. Other Blog Posts on 512(h).

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Fair Use Copyright Infringement Marketing Marketing 143

IPilogue

OCTOBER 26, 2021

It is composed of two phases centering on two legal issues that were trialed separately—the copyrightability of APIs and the fair use doctrine. It also ordered a second trial to determine whether Google’s use of Java API was acceptable under the fair use doctrine. Oracle appealed successfully.

Copyright Infringement 111

Copyright Infringement Copyright Fair Use Settlement 111

Technology & Marketing Law Blog

MAY 17, 2024

While this conflict might seem minor (X’s users, after all, are not in the business of granting scraping licenses), the next one was not: Fair use. Judge Alsup suggested that X’s ToS conflict with copyright law by prohibiting scraping irrespective of whether it qualifies as fair use. The post X Corp.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

Technology & Marketing Law Blog

FEBRUARY 24, 2022

[I published this post initially on the Association of Research Libraries blog in celebration of Fair Use Week 2022. Publishing these materials can create substantial legal risk for research-focused bloggers, including the risk of copyright infringement. Prayers for Ukraine.]. For example, in Righthaven LLC v.

Fair Use 59

Fair Use Publishing Copyright Infringement Journalism 59

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.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

Technology & Marketing Law Blog

OCTOBER 25, 2023

Instead, she gets a 12(b)(6) dismissal based on fair use. Purpose and Character of Use. Plus, the tattoo affected the fair use analysis because it established the impossibility of competitive tension between the tattoo artist and Netflix. WWE 2K Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik

Blogging 98

Blogging Copyright Fair Use Copyright Infringement 98

Technology & Marketing Law Blog

NOVEMBER 22, 2022

They write: Nearly half of the respondents (43.1%) were unwilling to take on any financial risk, even in a hypothetical scenario contingent on a confident fair use while most of the rest (43.8%) were only comfortable with a risk level below $10,000. Among these scholars confident of fair-use, only 3.3% About 71% of U.S.

Copyright 145

Copyright Fair Use Settlement Blogging 145

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? The court then moves on to consider Viacom’s copyright infringement claim.

Blogging 111

Blogging Social Media Television Fair Use 111

JD Supra Law

JUNE 17, 2022

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright infringement dispute between a paparazzo and Emily Ratajkowski, and discuss the settlement’s implications for Fair Use. By: Weintraub Tobin

Fair Use 52

Fair Use Blogging Settlement IP 52

Technology & Marketing Law Blog

DECEMBER 31, 2021

The court says that instead of doing a First Amendment analysis, it’s possible that a fair use analysis is sufficient for 512(h) subpoenas (citing Eldred for the principle that fair use is the First Amendment safety valve to copyright infringement). This is my last blog post for 2021.

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Fair Use Blogging Marketing Marketing 124

Plagiarism Today

JULY 8, 2021

If @GitHub (Microsoft) truly believes copilot isn't infringing on anyone's work, I want to offer them a chance to prove it: I'll donate $50k to a charity of their choice (or @EFF if we can't agree) if they release a Copilot version trained solely on Windows kernel source. Is it so short that its use is a fair use?

Copyright 246

Copyright Fair Use Copyright Infringement Copying 246

IPilogue

OCTOBER 1, 2022

Typically, tattoo aftercare instructions include strictly hygienic recommendations, but tattoo artist Kat Von D might have a unique suggestion: prepare to be an exhibit in a copyright infringement lawsuit. for copyright infringement under the Copyright Act of 1976. Sedlik (“Sedlik”) filed a complaint in the U.

Copyright Infringement 129

Copyright Infringement Fair Use Art Copyright 129

SpicyIP

NOVEMBER 7, 2024

on text data mining and its interpretation as an exception to allegations of copyright infringement, SpicyIP Fellowship applicant Tanishka Goswami highlights the key findings of the Court and explores the probable lessons for Indian policymakers in harmonizing copyright with AI and innovation.

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

Technology & Marketing Law Blog

NOVEMBER 16, 2024

The defendant published a bio on Sewell and included one of McDermott’s photos–apparently sourced from an unrelated Instagram account (possibly another infringer, or perhaps that account has a fair use defense?). McDermott, represented by the Sanders Law Group, sued KMC for copyright infringement.

Copyright 102

Copyright Settlement Licensing Litigation 102

Technology & Marketing Law Blog

AUGUST 19, 2024

and Morford sued him for copyright infringement. The works at issue (Morford’s on the left, Cattelan’s on the right): I could teach an entire semester’s Copyright class around this one case. Cattelan appeared first on Technology & Marketing Law Blog.

Copyright 122

Copyright Fair Use Copying Blogging 122

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

Thus, the question arises if such use attracts copyright infringement. If the photo taken without any prior consent is edited and used for a commercial benefit, then it might attract copyright infringement. There are certain exceptions to copyright infringement that can be used as a shield in such cases.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 52

JIPL Online

APRIL 9, 2021

Thus, copyright enforcement mechanisms are out of their league, so to speak, with respect to their application in this new digital world. With this brief background in mind, this blog post explores the implications of copyright protection of memes. Costs Versus Benefits of Copyright Protection. LAW AND ECONOMICS.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

SpicyIP

FEBRUARY 3, 2025

Taking Stock of ANI vs OpenAI Copyright Litigation- Part II How exactly does a LLM learn from training data? Is training of GenAI models fair use? Read the second part of Bharathwaj Ramakrishnans post on the ANI vs OpenAI Copyright Litigation, analysing the issues framed by the Delhi HC.

Copyright 95

Copyright Trademark Litigation Copyright Infringement 95

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. ” However, this point was completely missed when evaluating prima facie infringement.

Copying 69

Copying Fair Use Copyright Copyright Law 69

Technology & Marketing Law Blog

SEPTEMBER 29, 2024

Prior blog post. Videogames featured Orton and his tattoos, and Alexander sued for copyright infringement. 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.” ” Really?

Copyright 116

Copyright Fair Use Licensing Blogging 116

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.

Fair Use 57

Fair Use Copying Publishing Copyright Infringement 57

Technology & Marketing Law Blog

MARCH 29, 2023

and that the DMCA claim and attorney’s fee claims would be dropped, leaving only the copyright infringement claim.” The CCB in the Final Determination sidesteps that issue, and looks to Prutton’s two defenses: fair use and unclean hands. The citations for the basics of fair use do come from 9th circuit cases.

Blogging 105

Blogging Fair Use Copyright Copyright Notice 105

Technology & Marketing Law Blog

MARCH 30, 2025

” (The “in part” language is funky, because surely a line or two of lyrics constitutes fair use). Having done so, the only remaining equitable issue is the use of the copyrighted works for training purposes. Contributory Copyright Infringement. ” Vicarious Copyright Infringement.

Copyright 59

Copyright Publishing Copyright Infringement Licensing 59

Intepat

DECEMBER 18, 2024

This principle is key for podcasters, as it means that if Podcaster A accuses Podcaster B of copying their interview format, the claim would likely fail because formats and factual content are not copyrightable. The key aspects of a podcast that are covered by copyright include: 1.Music: Also, in the Indian Musicians Association v.

Licensing 52

Licensing Copyright Public Domain Music 52

Technology & Marketing Law Blog

JUNE 17, 2023

¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. 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.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

Technology & Marketing Law Blog

JUNE 2, 2022

” As for whether the tattoo is substantially similar to the copyrighted elements of the photo, the court sends the issue to the jury. Nature of Use. 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?

Copyright 145

Copyright Social Media Fair Use Licensing 145

IPilogue

FEBRUARY 28, 2023

De Fontbrune held the position that the estate did not have the power to approve such use. At the request of De Fontbrune , in 1998, the police confiscated copies of Wofsy’s book, and De Fontbrune sued for copyright infringement. The plaintiffs argued that the book has a commercial purpose, which weighs against fair use.

Fair Use 105

Fair Use Copyright Copyright Infringement Copyright Law 105

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. Hence, licensed broadcasting of copyrighted music does not give rise to copyright infringement. In the case of Super Cassettes Industries Pvt.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 52

Kluwer Copyright Blog

JANUARY 9, 2023

Goldsmith: The Supreme Court Revisits Transformative Fair Uses by Pamela Samuelson. Supreme Court ruled that Campbell’s creation of a rap parody version of a popular Roy Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message.

Blogging 95

Blogging Copyright Fair Use Reporting 95

SpicyIP

MAY 17, 2022

is infringing its copyright work by playing them at various social events at commercial venues. Scaria by the Delhi High Court as an expert to interpret one of the key fair use provisions for sure is a whiff of fresh air and hopefully will kick starts a much-needed trend of such appointments.

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Copyright Fair Use Intellectual Property Copyright Infringement 128

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 52

Fair Use Copyright Law Copyright Law 52