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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Blogging Fair Use Copyright Infringement Licensing 144

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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Fair Use Blogging Copyright Social Media 73

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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Intellectual Property Blogging Fair Use Registration 98

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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Blogging Intellectual Property Journalism Social Media 59

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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Licensing Copyright Blogging Fair Use 98

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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Blogging Social Media Television Fair Use 111

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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Licensing Fair Use Blogging Copyright 133

Likelihood of Confusion

FEBRUARY 8, 2025

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

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Intellectual Property Blogging Licensing Fair Use 87

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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Blogging Fair Use Copyright Copyright Notice 105

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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Copyright Fair Use Licensing Blogging 116

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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Blogging Copyright Fair Use Copyright Infringement 98

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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Copyright Social Media Fair Use Licensing 145

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

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Copyright Publishing Copyright Infringement Licensing 59

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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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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Copyright Fair Use Copyright Infringement Copying 246

The IP Law Blog

SEPTEMBER 30, 2022

It also protects images, photos, videos, and other written work, such as blog posts. It is important to remember that use of any music, text, videos, images, or portions thereof, without explicit permission, is usually copyright infringement. do not use it without obtaining written permission. See here. That is not the case.

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Copyright Infringement Copyright Social Media Fair Use 122

Technology & Marketing Law Blog

OCTOBER 17, 2022

” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety restraints.'” GmbH has registered trademarks in the dictionary word “Emoji.” That’s messed up.

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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.

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Fair Use Copyright Law Copyright Law 52

SpicyIP

MARCH 1, 2025

In light of Amazon’s decision to disable the ‘Download or Transfer via USB’ feature from their Kindle devices, Arnav Kaman discusses DRMs/TPMs, the rights of the user, what users can do with their ebooks within the fair use doctrine, and the future of ebooks in this guest post. Kindle is not a bookseller.

Copying 59

Copying Editing Licensing Copyright 59

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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Blogging Copyright Contracts Cease and Desist 98

Technology & Marketing Law Blog

JANUARY 25, 2023

Here’s an example of a subject photo from his complaint (which, based on this ruling, I’m now confident he can’t sue me for; plus fair use), with some pretty obvious photography flaws: His copyright claims raise a simple but troubling question: who owns the photos taken with his camera? As I joked (?) The complaint.

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Copyright Fair Use Licensing Ownership 124

Intellectual Property Brief

APRIL 24, 2021

The District Court of the Southern District of Illinois rejected Take-Two Interactive’s Motion for Summary Judgement and the defenses of implied license, fair use, and de minimis use in the company’s battle against Randy Orton’s former tattoo artist.

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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. The case meandered through constant reversals of judicial judgements.

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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.

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Fair Use Copying Licensing Copyright 111

Intepat

JANUARY 10, 2025

In this case, publishers like Oxford University Press, Cambridge University Press, and Taylor & Francis sued a photocopy shop licensed by Delhi University for producing course packs for students. Fair use provisions and educational exceptions are vital to ensure that knowledge remains accessible to all.

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Copyright Law Copyright Law Intellectual Property 52