IP and Legal Filings

MAY 3, 2024

Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. Understanding legal and fair use is especially important in academic settings because dissemination of information often requires the use of evidence.

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Fair Use Copyright Privacy Copying 95

SpicyIP

NOVEMBER 10, 2023

Therefore, takedown orders cannot be directed against infringing copy of content hosted on OTT platforms. A complaint has to be filed by the copyright owner or member of the public. This could lead to a regime where each intermediary has to pre-screen the content being uploaded as to whether it is an infringing copy or not.

Copying 52

Copying Copyright Copyright Infringement Fair Use 52

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 96

Fair Use Derivative Work Blogging Licensing 96

Copyright Lately

AUGUST 2, 2022

While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. The Musical Parody ,” “The Unofficial Bridgerton Musical” isn’t the type of parody musical that courts have often found to be fair use under the Copyright Act. Petrella v.

Music 101

Music Derivative Work Fair Use Cease and Desist 101

Copyright Lately

APRIL 3, 2023

The future of “controlled digital lending” is in doubt after a court rules that the Internet Archive’s online library is not protected by fair use. When the electronic version is “checked out,” the physical copy is taken out of circulation. At least, that’s the theory.

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Fair Use Copying Publishing Copyright 72

Velocity of Content

DECEMBER 6, 2023

Does the increasing use or distribution of AI-generated material raise any unique issues for your sector or industry as compared to other copyright stakeholders? In sectors such as science, news, and book publishing, poor quality AI materials can generate bad science, promote misinformation, and lead to harmful results. TVEyes, Inc.,

Copyright 98

Copyright Fair Use Licensing Copying 98

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

43(B)log

AUGUST 3, 2023

Michael Carroll (w/ Peter Jaszi), Fair Use After Google and Warhol Codification is a big deal; clarifies that fair use is a distinct doctrine, whereas well into 20th century courts were using it as noninfringement. Courts weren’t using four factors before that. A: we have to give meaning to the verbiage.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

43(B)log

FEBRUARY 19, 2022

While Rogers rejected any consideration of whether the speaker had adequate alternatives to using the plaintiff’s trademark because speakers are entitled to choose their own ways of speaking, the religious cases embrace the concept of adequate alternatives. Says you can’t write a book w/o her permission. What to do next?

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Trademark Law Trademark Art Branding 72

Copyright Lately

OCTOBER 25, 2021

You can always get drunk and order random stuff on Amazon curl up with a scary book or Halloween-themed movie, game or music video that’s found its way into copyright history. As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

43(B)log

FEBRUARY 4, 2023

Carys Craig, Copyright & Gender: Philosophy, Proof & Praxis Book chapter: research agenda for feminist copyright. Lunney: benefits of © system may also include consumption of © works: attending theater, buying albums, books. Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license.

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Copyright Editing Settlement Music 64

43(B)log

JUNE 24, 2022

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? Yet the company is aggressive against anyone using that term.

Trademark Law 75

Trademark Law Law Trademark Registration 75

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit potentially raises fundamental issues concerning freedom of speech and the right of journalists to publish sound recordings and transcripts of interviews of public officials, conducted on the record, with the admitted consent of the subject. 101 ] Issue 1: Are the recorded interviews a copyright-eligible “work of authorship”?

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Copyright Blogging Publishing Fair Use 121