TorrentFreak

JANUARY 11, 2024

Several of the lawsuits filed by book authors include a piracy component as well. The cases allege that tech companies, including Meta and OpenAI, used the controversial Books3 dataset to train their models. It is clear, however, that the company plans to rely on a fair use defense, at least in part.

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Dear Rich IP Blog

JANUARY 9, 2023

Dear Rich: I want to use a police plane crash accident photo in my book. May I use it? Is it public domain or fair use? When ruling on fair use, courts consider four factors. But, beware, if you claim fair use, you'll likely have to prove your claim in court, an expensive proposition.

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JD Supra Law

SEPTEMBER 19, 2024

Hachette Book Grp., Internet Archive, No. 23-1260, 2024 WL 4031751 (2d Cir. 4, 2024) - The U.S. By: Irwin IP LLP

Fair Use 69

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Technology & Marketing Law Blog

MARCH 3, 2022

Bell published a short book in 1982. 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.

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Plagiarism Today

SEPTEMBER 5, 2024

Yesterday, the Internet Archive lost its appeal in its case against book publishers. Here's what you need to know. The post 5 Takeaways from the Internet Archive Ruling appeared first on Plagiarism Today.

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TorrentFreak

MARCH 11, 2024

The list of complainants includes record labels, book authors, visual artists, even the New York Times. These rightsholders all object to the presumed use of their work without proper compensation. “Books3” Many of the lawsuits filed by book authors come with a clear piracy angle.

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Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v. Netflix , Inc. ).

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Plagiarism Today

AUGUST 25, 2021

In that ruling, the Supreme Court found that Google’s use of the code was, ultimately, a fair use and did so with language that seemed to many to be extremely broad. Oracle case had no bearing on this one or any fair use analysis in an “artistic” context. Google v Oracle Majority Opinion.

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Plagiarism Today

MAY 31, 2022

2: Amendment Passes to Grant Teachers Fair Use of Copyrighted Work Remotely. Next up today, Focus Taiwan reports that the Taiwan legislature has passed a new copyright law that would grant educators a fair use protection when using copyright-protected works via online classes.

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SpicyIP

OCTOBER 9, 2024

Discussing the decision of the US Court of Appeals for the Second Circuit in Hachette Book Group v. Internet Archive, our fellowship applicant Tanishka Goswami explains the implication of the decision on fair use. Several users could borrow a scanned book at once. Tanishka is an advocate at the High Court of MP.

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Intellectual Property Law Blog

APRIL 12, 2023

This is just the tip of the iceberg on how generative AI will be used in games and a variety of other creative industries. Music, film, art, comic books, and literary works are some other uses. AI tools are powerful and their use will no doubt be far reaching. In the near term, so too will the associated legal issues.

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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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SpicyIP

OCTOBER 28, 2022

Pocket FM alleges that Kuku FM has violated its copyright by providing audio summaries of books to which Pocket FM has exclusive rights to create audiobooks. Briefly, the audiobooks and the audio summaries involved in this dispute are translated Hindi versions of popular English books such as Rich Dad, Poor Dad, Think Like a Monk etc.

Copyright 126

Copyright Copyright Infringement Licensing Fair Use 126

IP Watchdog

SEPTEMBER 4, 2024

Court of Appeals for the Second Circuit today affirmed a district court judgment that granted a group of book publishers’ motion for summary judgment that the Internet Archive (IA) infringed their copyright in 127 books via IA’s “Free Digital Library.”

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Kluwer Copyright Blog

JUNE 5, 2023

Supreme Court agreed to review the Second Circuit’s ruling that Andy Warhol’s series of colorful prints and drawings of Prince were not transformative fair uses of Lynn Goldsmith’s photograph (for a previous comment on this case, see here ). Goldsmith, 11 F.4th 4th 26 (2d Cir. 2021) (available here ) In March 2022 the U.S.

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Plagiarism Today

DECEMBER 19, 2023

Amazon/Tolkien estate win fan fiction lawsuit, the EU declines to geofence film content, and the Internet Archive files an appeal in book case. The post 3 Count: Did Not Pass appeared first on Plagiarism Today.

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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] It found that all four fair use factors weighed against fair use. [12] Goldsmith counterclaimed for copyright infringement.

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The IPKat

OCTOBER 12, 2022

A salient case in point are book titles and the potential confusion that they can engender, thanks to an apparent lacuna in the law. There, one can find metal shelves at each end, enabling one either to leave a book otherwise to be discarded, or to inspect such abandoned books in search of an unread gem. So, there it is.

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IP Law 360

SEPTEMBER 6, 2024

The Second Circuit's decision shutting down a fair use argument by Internet Archive over its system of scanning physical books and converting them into e-books to lend for free is a resounding victory for book publishers that argued their market was in danger of being supplanted.

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IP Law 360

SEPTEMBER 4, 2024

The Second Circuit on Wednesday rejected a nonprofit digital library's fair use defense of its practice of distributing copyrighted e-books for free, ruling in favor of a group of book publishers in a closely watched case.

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TorrentFreak

MARCH 25, 2024

In addition to archiving the web, IA also operates a library that offers a broad collection of digital media, including books. Staying true to the centuries-old library concept, IA patrons can also borrow books that are scanned and digitized in-house. Internet Archive’s theory of fair use represents a threat just as grave.”

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Kluwer Copyright Blog

APRIL 8, 2024

Image by Gerd Altmann from Pixabay The sweeping evolution of generative AI models is rapidly reshaping the legal landscape of copyright. That would mark a yawning gap between two copyright regimes, opening a new chapter in this old tale and potentially disadvantaging would-be European generative AI providers.

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TorrentFreak

MARCH 25, 2023

IA’s library is operated by a non-profit organization that scans physical books and then lends the digital copies to patrons in an ebook format. While ‘digital’ book lending is not uncommon, libraries typically loan out DRM-protected files after acquiring a license from publishers. Fair Use or Mass Copyright Infringement?

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Copyright Infringement Copyright Fair Use Copying 145

43(B)log

MARCH 1, 2022

25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.

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Dear Rich IP Blog

APRIL 9, 2024

Trick photograph of man with two heads (1901) Dear Rich: I have a new, unique book soon to be published about judging the quality of art. Every image in the book, from ancient to contemporary art, is aesthetically critiqued, often with diagrams. From everything I've researched, all the images in the book should come under fair use.

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TorrentFreak

APRIL 23, 2024

For example, it operates a library that offers a broad collection of digital media, including books, which patrons can borrow upon request. The organization doesn’t license authorized digital copies from publishers; instead, its books are scanned and digitized in-house.

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Copyright Fair Use Copying Publishing 138

Plagiarism Today

OCTOBER 11, 2022

1: Justices to Consider Whether Warhol Image is “Fair Use” of Photograph of Prince. Goldsmith, a case that is expected to be a rare moment of the high court ruling on an issue of fair use. Goldsmith sued, saying that this use far exceeded the agreement that they made. Have any suggestions for the 3 Count?

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TorrentFreak

MARCH 18, 2024

IA’s library operates as a non-profit organization that scans physical books, which can then be loaned out in an ebook format. Patrons can also borrow books that are scanned and digitized in-house, with technical restrictions that prevent copying.

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Publishing Fair Use Copying Music 129

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. This has important implications for the doctrine of fair use.

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TorrentFreak

JUNE 14, 2022

The publishers described IA’s ‘Open Library’ as an “unlicensed aggregator and pirate site” that makes illegally scanned books available to the public, causing serious damage to authors and publishing companies alike. 107,” the plaintiffs note, adding that the four fair use factors weigh heavily in their favor. . §

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IP and Legal Filings

FEBRUARY 17, 2022

The fact that the media experience (whether in a book, film, video, game, or interactive television) depends on both the creator, whose rights are protected by copyright law, and the viewer, who brings their own personal vision to the character, has become increasingly important in the context of interactive technology and user-generated content.

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Fair Use Copyright Television Copying 87

IP Law 360

MARCH 18, 2024

Four book publishers urged the Second Circuit on Friday to uphold a lower court's finding that the Internet Archive infringed their copyrights with its free e-book lending program, saying the nonprofit distributes "bootleg ebooks from its website to anyone in the world."

Fair Use 52

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TorrentFreak

DECEMBER 22, 2023

In addition to archiving the web, IA also operates a library that offers a broad collection of digital media, including books. Staying true to the centuries-old library concept, IA patrons can also borrow books that are scanned and digitized in-house. All benefit from making their work available to a broad public.

Copyright 140

Copyright Fair Use Publishing Marketing 140

Intepat

NOVEMBER 19, 2024

In today’s world, copyright laws are essential for protecting creative works like books. 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.

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Plagiarism Today

SEPTEMBER 9, 2021

According to H3’s response, their use of the video in the podcast was a fair use and if the version they had was pirated, that is not itself a copyright infringement. 2: Discovery Extension Requested in Internet Archive Book Scanning Suit. 3: DNS Resolver Hits Out at Sony Music’s Web-Blocking Injunction.

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TorrentFreak

AUGUST 14, 2021

The National Emergency Library (NEL) was built on IA’s existing Open Library and initially granted access to more than a million scanned books so that people could educate themselves while in quarantine. The service was not appreciated by book publishers. Internet Archive Responds – Fair Use is Not Piracy.

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Publishing Fair Use Copyright Infringement Copyright 145

TorrentFreak

AUGUST 19, 2021

The Internet Archive (IA) sees things differently, noting that its ‘Controlled Digital Lending’ process operates for purposes including preservation, access and research, therefore meeting ‘fair use’ standards. In parallel, IA believes its liability is limited due to the safe harbor provisions of the DMCA.

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