43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Does it work differently in the US where there is a separate ROP? When, how and why would you seek permission to use persona.

Fair Use 45

Fair Use Contracts Litigation Copying 45

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

Technology & Marketing Law Blog

JUNE 2, 2022

Nature of Use. “Von D presumably did not need to copy the pose from the Portrait in order express a sentiment of melancholy.” 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? ” Huh?

Copyright 145

Copyright Social Media Fair Use Licensing 145

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. Warner Bros. Copyright in Tattoos.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

According to section 17 , the creator of a work is the first copyright owner, but if the work is created as part of a contract of service, the employer is the first copyright owner unless the contract states otherwise (under section 17(c )). Fair use; webinar recordings. written in advance).

Fair Use 52

Fair Use Ownership Licensing Copyright 52

The IP Law Blog

JANUARY 19, 2023

In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. We’ll start with Andy Warhol Foundation v.

Copyright 97

Copyright Trademark Fair Use Contracts 97

Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. I speculated that this was an attempt to avoid a messy fair use dispute. is being used as code.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

IP and Legal Filings

FEBRUARY 9, 2023

i] It required the contracting parties to implement limitations and exceptions to their national law of copyright in their country for permitting the production, distribution, and accessibility of published work in such a format that is convenient as well as permission to exchange such copyright works across borders and serve the beneficiaries. [ii]

Copyright 98

Copyright Contracts Copying Licensing 98

Technology & Marketing Law Blog

SEPTEMBER 29, 2024

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.” The videogame made a commercial editorial use of the tattoo. ” I could see the fair use analysis going the other way on appeal.

Copyright 116

Copyright Fair Use Licensing Blogging 116

Copyright Lately

OCTOBER 6, 2024

A new lawsuit over Broadway’s Stereophonic tests copyright’s limits, as Fleetwood Mac’s former sound engineer claims the hit play copies his real-life story about working on the Rumours album. In that case, the court ruled in Adjmi’s favor because 3C was a parody of the sitcom and protected by fair use.

Art 126

Art Copyright Copying Copyright Law 126

Technology & Marketing Law Blog

APRIL 6, 2022

Whether Instagram granted Newsweek an implied sublicense : An implied license exists where someone (1) creates content (2) at another’s request and (3) handed it over, intending the other party copy and distribute it. Fair use is also an issue best left for trial : Newsweek also argued fair use. Google and Amazon.

Licensing 133

Licensing Fair Use Blogging Copyright 133

Velocity of Content

AUGUST 10, 2022

By way of background, the EU, as part of its Digital Single Market Copyright Directive , looked at the then-extant UK copyright exception for the making of copies of copyrightable works to perform text and data mining (TDM) in a non-commercial context. The music industry has already fired a shot about the new TDM exception.

Law 116

Law Licensing Publishing Intellectual Property 116

IP and Legal Filings

JULY 21, 2022

Among the other solutions, the most easy and feasible way to come out of the problem of unavailability and unaffordability was to start copying the books, study materials, and video lectures with the help of different mechanisms. The exceptions in fair dealing have been stated in general terms and the list is not exhaustive.

Copyright 98

Copyright Licensing Higher Education Copying 98

TorrentFreak

APRIL 11, 2023

‘Clearly Not Clearly Illegal’ Also, Uberspace couldn’t find any claims from YouTube itself that their content has effective copy protection. For example, GitHub eventually concluded that youtube-dl wasn’t violating US copyright law, a decision that was based on input from the legal experts at EFF.

Music 145

Music Fair Use Copyright Law Law 145

SpicyIP

JUNE 19, 2022

Being born into this ‘social contract’ is the equivalent of clicking ‘I accept’ in terms of conditions on websites. You have the right to free speech, but not to copy someone else’s texts because of copyright laws. You have the right to free speech, but not to copy someone else’s texts because of copyright laws.

IP 119

IP Fair Use Invention Copyright 119

Velocity of Content

DECEMBER 4, 2024

14 It can be argued that the massive copying of protected works to train and fine-tune LLMs constitutes a significant market for licensing, a matter to which the article returns below. LSB10922, Generative Artificial Intelligence and Copy. ↩︎ It is not necessary to show that the defendant intended to copy a specific work.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

Velocity of Content

JANUARY 31, 2023

The making of copies to perform text and data mining, machine learning, and AI training (collectively “TDM”) without additional licensing is authorized for commercial and non-commercial purposes under CC BY , and for non-commercial purposes under CC BY-NC. OpenAI, LLC, OpenAI Startup Fund GP I, L.L.C.; you get the picture).

Licensing 98

Licensing Fair Use Journalism Publishing 98

Kluwer Copyright Blog

FEBRUARY 13, 2022

For instance, the category for libraries includes the question of whether the exception allowed unauthorized reproduction to provide copies for other libraries. General Exception, Including Fair use. Personal or Private Uses. Temporary Copies for Technological Processes. Protection Against Supremacy of Contracts.

Copyright 98

Copyright Copyright Law Technology 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. But I think this might have more to do with the way the lawyers pleaded this issue rather than the quality of the potential breach of contract claim here.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

SpicyIP

OCTOBER 28, 2022

While pleadings are not uploaded online by the Delhi High Court, Entrackr has obtained copies of the pleadings and has discussed some of the key facts and arguments here. We are not aware of the exact terms of this contract and the specific rights licensed to Pocket FM. The matter is still being heard.

Copyright 126

Copyright Copyright Infringement Licensing Fair Use 126

The IPKat

FEBRUARY 3, 2023

This said, different contractual conditions and policies were found leading to uncertainty and, as a result, giving rise to transaction costs. The introduction of a specific E&L for TDM has also featured in Hong Kong copyright reform discourse [see IPKat here ].

Government 141

Government Related Rights Copyright Law 141

Technology & Marketing Law Blog

SEPTEMBER 23, 2022

Instead, the plaintiff complained about the lingering backend copies and copies cached in third-party databases. The DMCA takedown notices never gave a URL for the backend copies, and ShutterStock had no responsibility for flushing the third-party caches. I can see future problems from the court’s approach.

Licensing 111

Licensing Copying Blogging Copyright 111

Technology & Marketing Law Blog

JANUARY 17, 2024

There was no question about the copying–the revised William Blair documents sloppily retained references to UIRC). Instead, it copied much of the language from the Idaho materials. This case expands the canon of copyright protection for lawyer-drafted documents such as legal briefs and contracts. See, e.g., White v.

Copyright 71

Copyright Copying Copyright Infringement Editing 71

TorrentFreak

JUNE 23, 2022

In addition to damages relating to the fraudulent notices, the company piled on with additional claims for copyright infringement, false designation, business defamation, breach of contract, and violations of consumer protection law. 241), traceable to Consolidated Communications, a residential ISP serving Rocklin, California.

IP 145

IP Copyright Copyright Infringement Music 145

LexBlog IP

JANUARY 19, 2023

In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. Next, we have Abitron Austria GmbH v.

Copyright 52

Copyright Trademark Fair Use Contracts 52

43(B)log

AUGUST 12, 2021

GvO is a win for fair use (good) but also a bad application of textualism to copyrightability. Then the dissent says you’re overriding congressional policy by applying fair use. Breyer is sort of genius in using fair use—where textualism really cannot make any inroads.

Copyright 45

Copyright Fair Use Copying Music 45

Biswajit Sarkar Copyright Blog

JULY 19, 2022

A person authorises the use of the space for the transmission, sale, distribution, or display of an unauthorised work unless they know or have good reason to suspect that doing so will result in a copyright violation. With today’s technology, it is very simple to copy and share the original works of other people.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

43(B)log

FEBRUARY 22, 2021

Copyright: incomplete list: ideas/facts/other § 102(b) limits when applicable; fair use (reverse engineering, text and data mining, other forms of copying); §1201 (too-narrow security research exemption; possible First Amendment limits). Is only using big data to create a new historical interpretation within scope?

IP 40

IP Fair Use Copying Intellectual Property 40

The IP Law Blog

MAY 18, 2023

The issue of whether training an AI tool on existing copyright-protected works constitutes infringement or is fair use is currently being litigated in a number of cases. The creator of an AI-generated “soundalike” song certainly can’t hold the song out as being from the actual artist.

Music 52

Music Fair Use Law Copyright 52

The IPKat

JULY 9, 2023

Would they be prepared to take legal action for copyright infringement if someone exploited or copied one of their works? While in the 70s and 80s the use of legal means might have seemed futile to some artists, including Bansky, this is no longer necessarily the case today. the type of permission, payment, and contract).

Art 59

Art Copyright Moral Rights Cease and Desist 59

LexBlog IP

MAY 18, 2023

The issue of whether training an AI tool on existing copyright-protected works constitutes infringement or is fair use is currently being litigated in a number of cases. The creator of an AI-generated “soundalike” song certainly can’t hold the song out as being from the actual artist.

Music 52

Music Fair Use Copyright Copyright Law 52

43(B)log

AUGUST 4, 2021

Jacob Victor, Copyright’s Law of Dissemination: trying to disaggregate dissemination from use of a work in new creativity/e.g., transformative fair use. Judicial: Google Books/utility expanding fair use; Sony v. Contracts should not be permitted to override exceptions and limitations.

Copyright 45

Copyright Licensing Fair Use Contracts 45

LexBlog IP

MAY 18, 2023

The issue of whether training an AI tool on existing copyright-protected works constitutes infringement or is fair use is currently being litigated in a number of cases. The creator of an AI-generated “soundalike” song certainly can’t hold the song out as being from the actual artist.

Music 40

Music Fair Use Copyright Copyright Law 40

LexBlog IP

SEPTEMBER 15, 2022

They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer. In this case, beyond pure IP issues, the parties disagree over interpretation of Tarantino’s original contract with Miramax, in which he reserved all rights for print publication of the screenplay (including in digital form).

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

IIPRD

JANUARY 18, 2022

It has the ability to be one-of-a-kind and unrepeatable token that cannot be split but may be used to represent real or virtual world things, as well as the token’s own qualities and ownership, all while remaining within a blockchain representation. This endows NFTs with the unique qualities that make them so desirable.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

43(B)log

FEBRUARY 4, 2023

Have Black musicians been able to use copyright litigation to push back against cross-racial appropriation (Three Boys), is it equal (Campbell v. Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license. Would it allow fair use? Acuff-Rose), or is it worse? Who sues who?

Copyright 49

Copyright Editing Settlement Music 49

43(B)log

FEBRUARY 18, 2022

Jim Gibson, Against Reputation In contracts, defamation, TM, conceptions of reputation are misguided. Intentional copying by D often leads to presumption of secondary meaning. Proposals to use secondary meaning to protect generic terms forget that there was a primary meaning. How is reputation constructed in law?

Copyright 69

Copyright Business Law Branding 69