Technology & Marketing Law Blog

MARCH 3, 2022

The school moved to dismiss on fair use grounds, and the district court granted the motion and awarded attorneys’ fees to the school. (I Bell appealed to the Fifth Circuit, which easily affirms the fair use dismissal and attorneys’ fees. Nature of the Use. ” Bell sued anyways. Nature of the Work.

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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. 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. ” Market Effect.

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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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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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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. This is usually done through a licensing agreement , which specifies the permitted use.

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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.

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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. However, this turned out to be more of a licensing than a traditional plagiarism issue.

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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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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.

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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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Michael Geist

DECEMBER 3, 2024

The companies aren’t hiding the ball as there are repeated references along the lines of “ at all times, Open AI was and is well aware of its obligations to obtain a valid licence to use the Works. It has already entered into licensing agreements with several content creators, including other news media organizations.”

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Technology & Marketing Law Blog

APRIL 22, 2024

The jury needed only 90 minutes to determine that the defendants had proven their implied license defense, ending the case. Due to the fact-specific nature of doctrines like implied licenses and fair use, it’s possible the Hayden and Orton jury verdicts are consistent with each other. Case citation : Hayden v.

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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. documents, or other files”, a definition that necessarily comprises source code, and hence the Licensed Materials. (As Complaint at 2.

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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.

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Technology & Marketing Law Blog

NOVEMBER 16, 2024

McDermott kept the copyright to those photo and granted NY Post a license. The article included multiple photos of Sewell, including the photo in question , and the Post apparently liked the image so much that they used a portion of the photo as the background for the newspaper cover that day (see screenshot at right).

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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 ).

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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.

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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.

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Likelihood of Confusion

FEBRUARY 8, 2025

Originally posted 2015-02-24 13:39:38.

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Technology & Marketing Law Blog

FEBRUARY 11, 2025

4) I disagree with the court’s application of the fair use transformative standard. Though Ross has the burden to establish the fair use defense, the copyright owner should bear the burden to show that it had a non-hypothetical licensing market for training AI systems that Ross’ activities allegedly undercut.

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Technology & Marketing Law Blog

MARCH 29, 2023

The Final Determination notes that Oppenheimer feels entitled to a licensing fee, even though he has not sold this photograph, and suggests that he is entitled to $2,775 a year for the use of the photograph. We also get the declaration of his daughter, Mariana Prutton, who is a licensed marriage and therapy counselor in California.

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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.” “Alexander testified that she had never licensed her tattoos for video games or any other medium. ” Really? .”

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Technology & Marketing Law Blog

OCTOBER 25, 2023

Instead, she gets a 12(b)(6) dismissal based on fair use. Purpose and Character of Use. ” The court doesn’t address the potential licensing market for the tattoo design. It’s nice to see the court use the Goldsmith case to cement the defense’s fair use win. Or the $50k.

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Technology & Marketing Law Blog

AUGUST 12, 2021

Fair use : The court also grapples with fair use. Citing to Barcroft and McGucken , the court says that the “photograph itself is the subject of the story” so this weighs in favor of fair use. The third factor cuts against fair use since the entirety of the video was used. United Sports.

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

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Plagiarism Today

AUGUST 10, 2022

The Assess Tool also provides a basic fair use analysis and helps to make sure that the use isn’t covered under any other exceptions to copyright law. However, this is something of a misnomer as the letter can be customized to send demands for payment, offer a license for legitimate use or a demand to remove the work.

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Technology & Marketing Law Blog

JUNE 2, 2022

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? This factor weighs against fair use. Prior Tattoo Copyright Blog Posts. Market Effect. ” This is another jury issue. .”

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Technology & Marketing Law Blog

DECEMBER 11, 2023

Rather, the quoted language came from an SDNY decision ( Tommy Hilfiger Licensing, Inc. 2d 410, 414-415 (SDNY 2002)) that the Supreme Court expressly used to “offer as one last example” of “a case with a striking resemblance” in which the Rogers test was cabined. at 156 (citation omitted)”). Nope, the Supreme Court didn’t say that.

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Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Fair use; webinar recordings. In some situations, even if a person does not receive a licence from the copyright owners of the lectures that makes a webinar or their recording, for the use of lectures/recording does not constitute copyright infringement under Section 52.

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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.,

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Music Licensing Television Copyright Infringement 98

SpicyIP

NOVEMBER 7, 2024

Balancing the Differing “Opt-Out” Mechanisms under §44b and §60d Opt-out formalities aim to strengthen right holders’ position by empowering them to negotiate licensing deals with AI and technology companies, while obtaining necessary remuneration for their creative works. Why this was done is discussed below.

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SpicyIP

MAY 1, 2023

Her previous posts on the blog can be viewed here , here , here , here. Licensing of training datasets The licensing of datasets – for the concerned rights under Sec. Licensing of training datasets The licensing of datasets – for the concerned rights under Sec. private or personal use).

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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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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?

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LexBlog IP

MAY 18, 2023

Vanity Fair magazine had hired Warhol to make the illustration; it was to accompany an article about Prince in the magazine’s November 1984 issue. Goldsmith had issued a limited license for this purpose. The license stated her photograph could be used for reference, “one time only.”

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Traverse Legal Blog

OCTOBER 24, 2024

The commercial requirement typically restricts the Right of Publicity claims since their name or likeness is more likely to be used in commerce. California has particularly robust case law on Right of Publicity due to the abundance of celebrities residing within that state, so that jurisdiction is the focus of this blog post.

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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. The court also notes that money damages could compensate for any market harms.

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