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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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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Copyright Lately

SEPTEMBER 8, 2024

In last week’s ruling in Hachette Book Group, Inc. Internet Archive (read the opinion here) , the court dealt a decisive blow to the Internet Archive, ruling that its practice of scanning and lending digital copies of books doesn’t qualify as fair use under the Copyright Act.

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Publishing Copying Fair Use Licensing 91

The IPKat

JULY 22, 2021

The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours.

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Trademark Public Domain Copyright Cease and Desist 57

IPilogue

SEPTEMBER 9, 2022

After the release of “Black Mirror: Bandersnatch” in 2018, Netflix was sued by Chooseco , a children’s book publisher known for their ‘game books’ titled Choose Your Own Adventure. Netflix eventually settled with Chooseco in late 2020 after unsuccessfully arguing on grounds related to trademark law and fair use allowances. .

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Trademark Public Domain Television Fair Use 105

IP Close Up

DECEMBER 20, 2022

He is also on a mission to keep the content he and others create out of the public domain. Mark Helprin is a successful novelist. Continue reading.

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Public Domain Trademark Copyright Fair Use 104

IP Close Up

AUGUST 20, 2024

and other power brands will be entering the public domain at an alarming rate between Continue reading Iconic characters from Disney, Marvel and DC Comics (Warner Bros.)

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Public Domain Branding Brands Branding 89

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. Once the loan period expires, the electronic book is “returned” to the library and becomes inaccessible to the person who checked it out.

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Fair Use Copying Publishing Copyright 71

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. In 1917, author Mark Twain had already been dead for seven years, but that didn’t stop him from writing a new book—allegedly. Skully Curly.

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Copyright Cinema Copying Copyright Infringement 144

Velocity of Content

JUNE 8, 2022

As it turns out, although there have been many adaptations of the old play and novel, there has not been a book sequel to Peter Pan until quite recently. The cover and bibliographic metadata for that 1991 book reads in part: “Hook, [by] Terry Brooks; based on a screenplay by Jim M Hart and Malia Scotch Marmo & Screen Story by Jim V.

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Derivative Work Public Domain Copyright Fair Use 105

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

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. whereas Tanya Aplin and Lionel Bentley define it as “ freedom of … ” in their book (page 7). create works and make them available).

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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.

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Music Derivative Work Fair Use Cease and Desist 102

Kluwer Copyright Blog

DECEMBER 17, 2023

For the last few months, I have been wondering if our belief in “fair dealing” (or broadly, “limitations and exceptions”) has silently slipped into our “faith” in it – a faith that demands complete surrender to it while blinding us to the harm it covertly causes to the public domain. What Fuels Faith in the First Place?

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Fair Use Public Domain Copyright Litigation 58

IP and Legal Filings

JANUARY 22, 2024

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. It is obvious from the early statutes that copyright protection was initially solely extended to books.

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Ownership Copyright Fair Use Intellectual Property 52

Kluwer Copyright Blog

OCTOBER 17, 2023

On 21 February 2023, the USCO reviewed the registration of the comic book “Zarya of the Dawn” (Registration No. As a software-implemented creation, it was not in the public domain and the company willing to exploit the work had to clear the right to reproduction. Moreover, the Italian Supreme Court, in decision no.

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Copyright Art Copyright Law Licensing 121

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. Public reaction was swift and divided. public domain. Would it allow fair use?

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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.

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Fair Use Copyright Derivative Work Marketing 40

SpicyIP

NOVEMBER 10, 2023

and Sumathi Chandrashekaran show in their book , there seems to exist a prominent bias amongst judges towards copyright owners, and a persistent failure of courts to grant proprietors of allegedly offending websites a hearing, before ordering them to be blocked. Traditionally, as Prashant Reddy T. 243 of ‘ Create Copy or Disrupt ( here).

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Copying Copyright Copyright Infringement Fair Use 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

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.

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Trademark Law Law Trademark Registration 75

IP and Legal Filings

JANUARY 16, 2024

Introduction Controlled Digital Lending (“ CDL ”) in context of book lending became a buzzword during the pandemic period when the physical access of libraries was not possible. This rule covers lending digital copies of copyrighted works, while works in the public domain can be freely digitized.

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Copyright Fair Use Public Domain Copying 98

Dear Rich IP Blog

MARCH 5, 2022

Dear Rich: As I understand copyright, if I visit a park and take a photo of a statute, I own the copyright to the photo and I can use it in a book. But if I open a magazine and take a photo of an illustration, I still own the copyright to the photo, but using it in a book would be a copyright violation.

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Fair Use Public Domain Copyright Copyright Law 99

Technology & Marketing Law Blog

JUNE 21, 2023

As Professor Farley and I discuss in Part II of our paper, several circuits require a commercial use of the mark for infringement (or an exception for noncommercial speech) and dismiss lawsuits without applying all of the likelihood of confusion factors if the unauthorized use of the mark is not commercial speech. Redbubble, Inc. ,

Trademark 105

Trademark Blogging Trademark Law Fair Use 105

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. 2d at 506-07; 202 F.3d

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Copyright Blogging Publishing Fair Use 131

LexBlog IP

JANUARY 10, 2024

Trump Woodward’s publication, The Trump Tapes: Bob Woodward’s Twenty Interviews with President Donald Trump, an audio-book also released in print. Government by its officers and employees should not be subject to copyright” and fall “in the public domain.” ” US Const.,

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Ownership Copyright Government Intellectual Property 52