Copyright Lately

OCTOBER 6, 2024

In his complaint filed last Tuesday in the Southern District of New York ( read it here ), Caillat and his co-author Steven Stiefel claim that Stereophonic doesn’t just draw inspiration from Making Rumours —it copies entire scenes, character dynamics, and dialogue directly from their book without permission.

Art 129

Art Copyright Copying Copyright Law 129

43(B)log

FEBRUARY 18, 2022

Betsy Rosenblatt: you don’t necessarily need a solution to have a successful book. Jessica Silbey’s book The Eureka Myth is great and what’s so effective about it is its focus on mismatches b/t norms and the law. Saying “this is what people do” compared to “this is the law” is very useful. You can cluster fair use cases.

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Fair Use Contracts Litigation Copying 45

IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. Goldsmith , 598 S.

Fair Use 105

Fair Use Licensing Art Music 105

IP and Legal Filings

FEBRUARY 15, 2023

Such work may include any literary or artistic work such as books, articles, films, databases, computer programs etc. Any user can easily copy, duplicate or access the data without the permission of the author and it is difficult to trace them back due to the issues of privacy and other matters. and Ors.

Copyright Law 98

Copyright Law Copyright Law Social Media 98

Kluwer Copyright Blog

SEPTEMBER 11, 2023

Fair use in US ( Google Books but reuse pattern different here. Fair dealing c. Protection of fame monetization vs privacy b. The following is a checklist for scholars and practitioners who are looking at an AI-related IP issue. Its main purpose is to help structure the discussion. Copyright 1. 3d 487 (N.Y.

IP 124

IP Derivative Work Intellectual Property Art 124

LexBlog IP

MARCH 9, 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. What are the privacy implications?

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Fair Use Privacy Music Art 59

LexBlog IP

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. What are the privacy implications?

Fair Use 52

Fair Use Privacy Music Art 52

SpicyIP

AUGUST 28, 2022

Hamar Television , regarded Section 52 of the Copyright Act, 1957 as a ‘right’ i.e. “right to make fair use or to deal fairly”, stemming from the fundamental right to free speech. But since such a positive duty would intrude into the other interests of copyright holders or/and authors such as privacy, trade, speech, etc.,

IP 138

IP Copyright Fair Use Public Domain 138

SpicyIP

AUGUST 6, 2024

Moreover, both in the EU and the US, privacy laws also come into play alongside intellectual property protections. For instance, ChatGPT was trained on copyrighted books by J.K. To also have a look at the conditions of jurisdictions closer to home, let’s consider China. Rowling, who sued the company over copyright infringement.

Personality Rights 111

Personality Rights Moral Rights Technology Copying 111

Velocity of Content

SEPTEMBER 9, 2021

Caveats: Given its vastness, and multiplicity of audiences and offerings, I can’t hope to do ”YouTube and Copyright” any sort of justice in this small a space; and I don’t plan to write a book or a white paper about it. The issue may be the whole video or it may be an embedded portion.

Copyright 113

Copyright Social Media Licensing Publishing 113

LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. ” (S.

Fair Use 52

Fair Use Licensing Art Music 52

IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. emphasis original).

Fair Use 40

Fair Use Licensing Art Music 40

IP and Legal Filings

APRIL 19, 2022

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957. Swami Ramdev vs Facebook, Inc.

Copyright Law 97

Copyright Law Copyright Law Copyright Infringement 97

LexBlog IP

NOVEMBER 17, 2021

Normally, you don’t need anyone’s permission to use a copyrighted work. If you buy a book, you may read it. 3 Unless you have some legal excuse or defense, such as, fair use. This is especially jarring with e-readers, because it feels so much like reading a book. But let’s just not right now, ok?

Copying 52

Copying Copyright Business Licensing 52

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.

Fair Use 105

Fair Use Copyright Privacy Copying 105

43(B)log

AUGUST 9, 2024

Is this relevant to fair use? Satire involves using the same style to clothe different ideas; therefore it shouldn’t infringe (lack of substantial similarity as in the Greatest American Hero case; German case law; perhaps the jury’s reasoning in the Kat von D case). W/o fair use, these tools are far more limited.

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Fair Use Marketing Marketing Licensing 59

Technology & Marketing Law Blog

AUGUST 2, 2021

The book is available as a PDF at Gumroad for $10, as a Kindle ebook for $9.99, and in hard copy at Amazon for $20. Some of the major changes to the book this year: I added a note on the Copyright Claims Board. I’ve now framed it as a note about California’s consumer privacy laws. Note About Fair Use.

Editing 145

Editing Law Privacy Contracts 145

Technology & Marketing Law Blog

JULY 12, 2022

The book is available as a PDF at Gumroad for $10, a Kindle ebook for $9.99, a softcover version for $20, and (new this year!) This year, the book shrunk by 7% as I took a hard look at where Internet Law stands now. As usual, I made many hundreds of updates and edits throughout the book. Note About Fair Use.

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Editing Law Social Media Privacy 145

Technology & Marketing Law Blog

AUGUST 16, 2024

The book is available as a PDF at Gumroad for $10, a Kindle ebook for $9.99, a softcover version for $20, and a hardcover version for $28. I hope this excerpt will help a little, but I probably need to do even more on that front in the book in future editions. All printed versions come with a free PDF on request.]

Editing 116

Editing Law Social Media Contracts 116

Technology & Marketing Law Blog

AUGUST 29, 2022

Books and Academic Articles. We posted three chapters from the book: Featuring People in Ads (2022 Edition). I posted a chapter from the book: Online Contracts. Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Regulation of Political Advertising (2022 Edition).

Editing 98

Editing Social Media Blogging Advertising 98

Copyright Lately

MAY 21, 2021

Based on my experience, copyright law can sometimes be the the only effective tool to protect what are probably more accurately seen as privacy or reputational interests— think using the DMCA to combat revenge porn. CBS’ use of her photo almost certainly qualifies as fair use, if she even owns the copyright in the first place.

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

43(B)log

FEBRUARY 4, 2023

Justin Koo, Exporting Fair Use to Developing Copyright Systems Difficult to grow when the law doesn’t have flexibility—across the Commonwealth Carribean. Either involuntarily imposed on us or adopted from UK w/o adaptation to local needs/lack of resources in former colonies. Will importing fair use solve any problems?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

SpicyIP

OCTOBER 27, 2023

These patterns can intersect with the trademark and other intellectual property (IP) in various ways, although it’s important to note that the use of dark patterns is unethical and often violates principles of fair use and consumer protection.

Intellectual Property 52

Intellectual Property Designs Design False Advertising 52

43(B)log

AUGUST 4, 2023

Margaret Atwood: book by a Canadian, filmed in Canada, but it didn’t count b/c scriptwriters weren’t Canadian. There’s no protection for circumvention aimed at noninfringing or fair uses in most circuits. Many of these uses are functional and uncontroversially noninfringing: functional uses and modifications.

Copyright 52

Copyright Fair Use Marketing Marketing 52

43(B)log

AUGUST 12, 2022

And tech has limited ability to understand context of fair use/fair dealing. Appropriation of Data-driven Persona Zahra Takhshid Should extend privacy to cover data about us. Data privacy as the new frontier. A: Yes, because we continue to rely on common law privacy torts. Her conclusion: no.

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Privacy Inventor IP Government 45

Technology & Marketing Law Blog

AUGUST 7, 2023

The book is available as a PDF at Gumroad for $10, a Kindle ebook for $9.99, a softcover version for $20, and a hardcover version for $28. Last year, I shrunk the book by 7%. This year, I reduced the book ANOTHER 10% as I reluctantly shed some outdated classics. Privacy Review: 16 C.F.R. Snap decision. Overview Noah v.

Editing 52

Editing Law Contracts Privacy 52

Patently-O

DECEMBER 12, 2021

The PTO’s asserted justification for this total ban on registration is “to protect the intellectual property right of privacy and publicity that a living person has in his/her identity.” [10] Is the PTO capable of applying First Amendment balancing tests such as transformative use or fair use in routine registration decisions?;

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Registration Government Advertising Advertising 69

Copyright Lately

MARCH 6, 2023

That case presented an example of copyright used to erase history (in Dolezal’s case, a photo of her standing next to a man she had falsely claimed was her father). Other, perhaps more sympathetic, examples include attempts to protect one’s privacy in personal or intimate information. In one notable case, Balsley v.

Copyright 92

Copyright Derivative Work Fair Use Social Media 92

Technology & Marketing Law Blog

JANUARY 24, 2023

This reflects years of tech-trashing by the media and politicians–and an imbalanced discourse because there’s surprisingly little counternarrative to the techlash narrative (I hope to address this with my forthcoming book project). It also puts users’ privacy and security (including minors’!) at greater risk.

Law 122

Law Social Media Government Privacy 122