Plagiarism Today

MARCH 3, 2022

However, the lower court tossed the lawsuit, saying that the use was a fair use, and awarded the school some $10,266.37 3: Oracle, NEC Resolve Contract, Copyright Dispute Over Database Software. 3: Oracle, NEC Resolve Contract, Copyright Dispute Over Database Software.

Settlement 246

Settlement Copyright Infringement Licensing Fair Use 246

Plagiarism Today

SEPTEMBER 21, 2022

He claimed he owned the production bible that the original show was based upon, and Disney did not seek permission or license its use in the reboot. The judge also allowed overlapping breach of contract claims to move forward, setting the stage for a possible trial down the road.

Licensing 245

Licensing Reporting Fair Use Intellectual Property 245

Plagiarism Today

AUGUST 2, 2021

In the case, Nicklen argued that a photographer or videographer that uses Facebook or Instagram to promote their content should not automatically give up the right to license it to third parties, such as Sinclair. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Copyright Infringement 246

Copyright Infringement Licensing Reporting Copyright Law 246

43(B)log

AUGUST 16, 2021

It does so at the Rose Bowl Stadium under three contracts with Pasadena, including a Master License Agreement, Trademark Agreement, and Trademark Consent Agreement. Under these agreements, PTRA is the exclusive owner of the Rose Bowl Game trademark and owns the mark for use in connection with the annual game.

Fair Use 94

Fair Use False Advertising Intellectual Property Ownership 94

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 98

Fair Use Derivative Work Blogging Licensing 98

Michael Geist

DECEMBER 3, 2024

The companies aren’t hiding the ball as there are repeated references along the lines of “ at all times, Open AI was and is well aware of its obligations to obtain a valid licence to use the Works. It has already entered into licensing agreements with several content creators, including other news media organizations.”

Settlement 113

Settlement Copyright Licensing Copyright Infringement 113

Plagiarism Today

SEPTEMBER 28, 2021

” 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. Three years later, she licensed one of those photos of Vanity Fair who, with permission, commissioned a new work based on it by Andy Warhol. Bottom Line.

Fair Use 279

Fair Use Non-Fungible Tokens Copyright Derivative Work 279

Technology & Marketing Law Blog

APRIL 22, 2024

The jury needed only 90 minutes to determine that the defendants had proven their implied license defense, ending the case. Due to the fact-specific nature of doctrines like implied licenses and fair use, it’s possible the Hayden and Orton jury verdicts are consistent with each other. Warner Bros.

Licensing 98

Licensing Copyright Blogging Fair Use 98

Velocity of Content

JANUARY 31, 2023

I have had people tell me with doctrinal certainty that Creative Commons licenses allow text and data mining, and insofar as license terms are observed, I agree. Full disclosure: CCC offers RightFind XML, a service that supports licensed commercial access to full-text articles for TDM with value-added capabilities.) GitHub Inc.,

Licensing 98

Licensing Fair Use Journalism Publishing 98

Technology & Marketing Law Blog

MAY 17, 2024

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well. In 2022, in ML Genius v.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

Technology & Marketing Law Blog

SEPTEMBER 23, 2022

The case involves ShutterStock, a photo licensing service. (We We used ShutterStock as the blog’s image provider for several years). ShutterStock has a “contributor” program that allows anyone to upload photos into their licensing database in exchange for a fee if licensed.

Licensing 111

Licensing Copying Blogging Copyright 111

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.

Fair Use 59

Fair Use Marketing Marketing Licensing 59

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

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.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

Technology & Marketing Law Blog

APRIL 6, 2022

The “Platform Policy” appears to grant a broad license to users of the API. The current terms make clear that platform API users are not automatically granted a license and must independently secure rights in any content they embed. Fair use is also an issue best left for trial : Newsweek also argued fair use.

Licensing 133

Licensing Fair Use Blogging Copyright 133

Technology & Marketing Law Blog

JUNE 2, 2022

Nature of Use. 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? This factor weighs against fair use. Also, see Q2 of my 2005 contracts law exam and the sample answer. Market Effect.

Copyright 145

Copyright Social Media Fair Use Licensing 145

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. United Sports.

Social Media 140

Social Media Copyright Fair Use Licensing 140

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

Kluwer Copyright Blog

JUNE 2, 2024

This statement sets out OpenAI’s vison for a ‘social contract for content in AI’. OpenAI expresses that it believes that learning constitutes fair use (see here ), referring to (unnamed) legal precedents, and implying that machine learning is equivalent to human learning processes (which it arguably is not, see here ).

Contracts 84

Contracts Copyright Publishing Business 84

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. The court also held that the coders did not have standing to seek damages, but they did have standing to pursue injunctive relief. Complaint at 2.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

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

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

Velocity of Content

MARCH 16, 2023

I speculated that this was an attempt to avoid a messy fair use dispute. As I also mentioned, Microsoft’s lawyers seem to think that fair use excuses copying for AI purposes everywhere, so I would expect Microsoft to try that defense here, given its lack of other arguments. is being used as code.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Technology & Marketing Law Blog

DECEMBER 15, 2021

To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions.

Registration 132

Registration Fair Use Copyright Design 132

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. user, service)?

Copyright 135

Copyright Ownership Social Media Licensing 135

Technology & Marketing Law Blog

JANUARY 25, 2023

Here’s an example of a subject photo from his complaint (which, based on this ruling, I’m now confident he can’t sue me for; plus fair use), with some pretty obvious photography flaws: His copyright claims raise a simple but troubling question: who owns the photos taken with his camera?

Copyright 124

Copyright Fair Use Licensing Ownership 124

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. The first factor of fair use considers the nature of and reasons for a copier’s use of an original work. [4]

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Technology & Marketing Law Blog

OCTOBER 25, 2023

Instead, she gets a 12(b)(6) dismissal based on fair use. Purpose and Character of Use. ” The court doesn’t address the potential licensing market for the tattoo design. It’s nice to see the court use the Goldsmith case to cement the defense’s fair use win. Or the $50k.

Blogging 98

Blogging Copyright Fair Use Copyright Infringement 98

Velocity of Content

AUGUST 10, 2022

On the other hand, it clearly distinguishes those with an economic copyright interest from those without one while setting forth two clear paths for reuse: licensing for the former, copyright exception for the latter. The options ranged from no change to UK law, to improving the licensing environment, to offering new copyright exceptions.

Law 116

Law Licensing Publishing Intellectual Property 116

IP and Legal Filings

JULY 21, 2022

The most universal limitations to the rights of the owner are the right to copy insubstantial parts and the right of fair dealing or use. Here, the Fair use doctrine does not define any boundary within which anything can be put, the list can be endless. No educational institution applied for any licenses till now.

Copyright 98

Copyright Licensing Higher Education Copying 98

The IPKat

APRIL 4, 2024

The disproportionate remuneration stemmed from contracts entered into with dominant players, especially in the music industry, and this has over time been a major source of worry for the South African government. The MITT and CRC found the Copyright Act to be inadequate in addressing the issues.

Copyright 132

Copyright Music Artistic Work Contracts 132

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

Patently-O

OCTOBER 21, 2023

The result then has been that users would focus on whether they have a license; whether the intended use is a “fair use;” and (perhaps) whether the copyright holder is likely to discover the infringement and attempt to enforce their rights. This potential future holds many uncertainties.

Copyright 69

Copyright Contracts Fair Use Copyright Law 69

The IPKat

FEBRUARY 3, 2023

On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe. 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.

Government 141

Government Related Rights Copyright Law 141

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The court summarizes: “Meta claims that it raised issues with Plaintiffs, including “nominative fair use,” “commentary,” and “the un-likelihood of confusion based on the appearance of the marks in the actual marketplace, as they will be encountered by consumers.””

Trademark 115

Trademark Contracts Blogging Fair Use 115

Velocity of Content

DECEMBER 4, 2024

Professor Paul Goldstein, for example, has argued that, in light of the enumeration, the statutory text is intended primarily to protect certain licensing markets. 1111 (2022) (discussing the requirement applied by some US courts that a defendant’s production be original to qualify as an infringing derivative work). .

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” We need to know more about this license. It seems like this license could be dispositive to the case, but the court doesn’t explore it more. ” Wait, what?

Licensing 105

Licensing Copyright Contracts Advertising 105