Patently-O

OCTOBER 21, 2023

by Dennis Crouch Conventional wisdom in copyright law has been to presumptively treat all online content as protected by copyright. This approach has made sense because of the low originality standard for copyright protection. This potential future holds many uncertainties.

Copyright 67

Copyright Contracts Fair Use Copyright Law 67

LexBlog IP

NOVEMBER 28, 2023

Meme Culture Meets Copyright Law: A Guide for Businesses & Creators Memes, often humorous media fragments that spread rapidly through online sharing, are a global phenomenon that have made their way into mainstream culture. All meme-like images in this article are properly licensed. Are Memes Dangerous? Yes and no.

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

Velocity of Content

MARCH 16, 2023

Regardless, as of this writing there are now five cases that may provide some clarity on this less frequently discussed but foundational issue of the unauthorized use of copyrighted materials as training data for AI (I use “AI” here as a shorthand which also includes text and data mining and machine learning).

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Technology & Marketing Law Blog

AUGUST 12, 2021

Fair use : The court also grapples with fair use. Citing to Barcroft and McGucken , the court says that the “photograph itself is the subject of the story” so this weighs in favor of fair use. The third factor cuts against fair use since the entirety of the video was used.

Social Media 140

Social Media Copyright Fair Use Licensing 140

Plagiarism Today

SEPTEMBER 28, 2021

In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.” ” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works. Bottom Line.

Fair Use 249

Fair Use Non-Fungible Tokens Copyright Social Media 249

IP and Legal Filings

JULY 21, 2022

If copyright protection is applied rigidly, it will hamper progress of the society. However, copyright laws were enacted with necessary exceptions and limitations to ensure that a balance is maintained between the interests of the owners and of the community. No educational institution applied for any licenses till now.

Copyright 90

Copyright Licensing Higher Education Copying 90

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.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

IP and Legal Filings

NOVEMBER 11, 2022

Copyright arises in China as soon as an original work is created, even in most cases where the work is created outside of China. Copyright arises on the date the original work is created. For example, quoting a small portion of a work in a scholarly article is considered non-infringing fair use. Conclusion.

Copyright 52

Copyright Fair Use Registration Ownership 52

Technology & Marketing Law Blog

MAY 27, 2023

The court summarizes the case: “plaintiffs allege that YouTube has violated the copyright laws by withholding broad access to Content ID… Plaintiffs also allege that YouTube automatically strips metadata out of uploaded videos, including copyright management information (CMI), which makes it harder to catch infringing conduct.”

Ownership 66

Ownership Licensing Copyright Fair Use 66

SpicyIP

OCTOBER 28, 2022

Pocket FM claims to have an exclusive license from Manjul Publishing House, the publisher of translated titles, that holds the Hindi rights to these books. We are not aware of the exact terms of this contract and the specific rights licensed to Pocket FM.

Copyright 126

Copyright Copyright Infringement Licensing Fair Use 126

SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression?

Fair Use 116

Fair Use Copyright Reporting Licensing 116

The IPKat

FEBRUARY 3, 2023

It should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law. On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe.

Government 141

Government Related Rights Copyright Law 141

JIPL Online

MARCH 19, 2021

Given the disparity in negotiating power between a platform the size of Twitch and individual creators, Twitch is better situated to take on the burdens of negotiating a music licensing solution on behalf of all of the creators who drive traffic to their site. [i]

Music 76

Music Copyright Licensing Fair Use 76

Technology & Marketing Law Blog

OCTOBER 19, 2021

With respect to copyright, the court says: “Plaintiffs do not rely on copyright protection for their websites in pleading their claim…Plaintiffs are not asserting infringement of any right to the reproduction, performance, distribution, or display of their websites. We need to know more about this license.

Licensing 90

Licensing Copyright Contracts Advertising 90

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Recognize the subtleties of fair use. If you can’t get permission, you can still freely use original work for non-commercial purposes if you are aware of your rights under fair use. Before using someone else’s creation, consider how your actions will affect its market worth. Do not copy anything.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

Technology & Marketing Law Blog

JUNE 17, 2023

The court also held that plaintiffs were permitted to proceed pseudonymously. ¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. Complaint at 2. At first, I was shocked by this conclusion since it seems obviously wrong.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

Kluwer Copyright Blog

MAY 15, 2024

copyright law. The authors and copyright holders would like to receive a fair and equitable remuneration, while the AI-service providers would like to have access to high-quality data, such as copyrighted works, so that they can further improve their LLMs and promote the progress of innovation.

Copyright 55

Copyright Fair Use Copyright Law Editing 55

Velocity of Content

AUGUST 10, 2022

In a much-anticipated report , the UK Intellectual Property Office recommends a major rewriting of UK copyright law, delivering the future of copyright to those using AI and damaging the present and future financial interests of publishers, authors, journalists, and musicians among others.

Law 116

Law Licensing Publishing Intellectual Property 116

Kluwer Copyright Blog

MARCH 6, 2023

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. 3 and 4) and in Singapore’s new Copyright Act (Art. 243, 244), seek to protect the ability of text and data mining researchers to use copyrighted content in their work. 3d 87 (2d Cir.

Copyright 118

Copyright Social Media Publishing Licensing 118

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. Is fair use/fair dealing the answer?

Copyright 57

Copyright Fair Use Privacy Derivative Work 57

SpicyIP

AUGUST 30, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? In this guest post , Pragya Jain offers an independent analysis of the law in relation to comparative advertising and nominative fair use and applies it to analyse a recent YouTube commercial by Domex, a Hindustan Unilever Ltd. Other posts.

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

Copyright Lately

OCTOBER 25, 2021

” They argued that had Twain really written the book, Clemens’ estate would own the copyright and Harper would have the exclusive right under contract to publish it. In 1999, Cinema Secrets licensed the right to sell a Michael Myers Halloween mask from the film’s copyright owner. And there you have it!

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals.

IP 124

IP Copyright Trademark Intellectual Property 124

Kluwer Copyright Blog

JUNE 26, 2024

And what is the fate of copyright law in this new world order? Copyright & AI (Search) Agents Copyright law has long been the cornerstone of protecting the intellectual property (IP) rights of content creators and incentivising creativity. As dozens of copyright lawsuits filed in U.S.

Copyright 102

Copyright Content Creation Fair Use Technology 102

43(B)log

AUGUST 12, 2021

Continuity with other areas of law; greater unanimity; Breyer-Ginsburg split becomes less important. 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.

Copyright 44

Copyright Fair Use Copying Music 44

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment?

Copyright 120

Copyright Blogging Publishing Fair Use 120