SpicyIP

MARCH 1, 2025

In light of Amazon’s decision to disable the ‘Download or Transfer via USB’ feature from their Kindle devices, Arnav Kaman discusses DRMs/TPMs, the rights of the user, what users can do with their ebooks within the fair use doctrine, and the future of ebooks in this guest post. After the 1994 amendment, S.

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SpicyIP

OCTOBER 9, 2024

Discussing the decision of the US Court of Appeals for the Second Circuit in Hachette Book Group v. Internet Archive, our fellowship applicant Tanishka Goswami explains the implication of the decision on fair use. Through this post, I shall: firstly , examine the Appellate Court’s “fair use” analysis w.r.t.

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TorrentFreak

JANUARY 17, 2024

is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. ” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Live Crew used it anyway. .” Campbell v.

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TorrentFreak

MARCH 25, 2024

Internet Archive’s theory of fair use represents a threat just as grave.” ” According to the amici, there is nothing fair about IA’s digital library; instead, they see it as “unambiguous copyright infringement.” Thus, its actions are decidedly not protected by fair use,” their brief reads.

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Copyright Lately

SEPTEMBER 8, 2024

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. When the electronic book is “checked out,” the physical copy is removed from circulation.

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Kashishipr

MAY 25, 2021

It may not always prevent unauthorized copying; however, it may serve as a public notice by securing a public record in one’s favor. Such a license would enable using the resources held by owners of the CC Licenses to the extent of editing, remixing, copying, and distributing the work without circumventing the copyright law.

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IPilogue

OCTOBER 4, 2021

Other times, we looked at diagrams from an older edition of a textbook that were “much better for the purposes of our class.” Despite its benefits, copying materials can present consequences for the content’s owners, artists, and publishers. As Abella J. Where do theses cases leave Canadian educators now?

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Intepat

DECEMBER 18, 2024

This principle is key for podcasters, as it means that if Podcaster A accuses Podcaster B of copying their interview format, the claim would likely fail because formats and factual content are not copyrightable. Additionally, if the use does not harm the market value of the original work, it is more likely to be considered fair use.

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Velocity of Content

MAY 22, 2024

In other words, rightsholders are meant to be able in the first instance to choose whether to allow copying and licenses, or to refuse copying and licenses. Legally, licensing should precede use. In other words, “license or risk losing” is a significant consideration for rightsholders in the US and other countries.

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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.

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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. When the electronic version is “checked out,” the physical copy is taken out of circulation. ” What is Controlled Digital Lending?

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Kluwer Copyright Blog

APRIL 22, 2024

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. And why is that? Place your bets!

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LexBlog IP

MAY 24, 2023

Goldsmith , Opinion located here , the estate of deceased pop artist Andy Warhol argued its use of the photo at issue was fair use under the first of the four Fair Use test factors (the “purpose and character of the use”), because Warhol’s contributions were transformative, adding new expression, meaning, or message.

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SpicyIP

JULY 29, 2021

Limitations on storage of copied works in digital formats. Section 51 deals with infringement, not exceptions, and Sub-section 51(1) does not even exist – showing how carelessly the Report has been drafted and edited.]. To put things in perspective, even the most IP-friendly jurisdiction of US in Cambridge v. Bench decision).

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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. The canon, however, “cannot be used to ‘obscure and defeat the intent and purpose of Congress’ or ‘render general words meaningless.’” & Tech.

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JIPL Online

MARCH 15, 2021

3] The suit alleged that Sherlock Holmes’ character traits of warmth and empathy were copied and not yet in the public domain, as these traits only developed in later works that are still protected by copyright. [4] 18] Netflix admitted it had access to and copied the memoir. [19] 5] Netflix and the estate quickly settled. [6].

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TorrentFreak

FEBRUARY 23, 2022

We removed 665,898 pieces of content in response to these takedown notices,” the company reveals in the latest edition of its transparency report. Furthermore, the submitter must also consider whether the content they’re complaining about is being used legally, i.e under the doctrine of fair use.

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Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). In the aftermath of cases like Authors Guild v.

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SpicyIP

FEBRUARY 28, 2025

These include restrictions on the number of copies that can be made by a legitimate user, specification of particular softwares/devices that may be used to access the content, encryption, etc. Further, editing, taking of screenshots/screen-grabs must be restricted. becomes difficult as well.

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Copyright Lately

JULY 15, 2024

Chain is an upscale culinary homage to iconic chain restaurant offerings and has, at various times, featured limited edition versions of BJ’s Pizookie, Outback’s Bloomin’ Onion, and Taco Bell’s Crunchwrap Supreme. Novak and Michelin-starred chef Tim Hollingsworth.

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Kluwer Copyright Blog

FEBRUARY 20, 2023

.” So what is the current legal situation regarding the use of publicly available copyrighted works for the purpose of training ML systems? More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265 New forms of collective action? The future of copyright?

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Kluwer Copyright Blog

FEBRUARY 2, 2023

Text and data mining There is wide disparity in the scope of exceptions in national copyright laws permitting copying for the use of training AI. The issue of works in the style of artists may arise in the US class action against Stability AI and others, but under the more general US exception of fair use.)

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SpicyIP

JANUARY 31, 2025

Analysing the impact of Indian copyright law on fair use in academic and critical writing. Evaluating the doctrine of fair use for Indian social media platforms in light of global cases. In the event that a cited material does not have an online copy or reference, only endnotes must be used.

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IIPRD

MARCH 5, 2025

Who owns the right to copy-authors, the programmer, the user, or the transmitter commissioning the work? Potential for Copyright Infringement The significant challenge created when AI systems are trained on copyrighted content is found when they accidentally copy parts of old works into new ones and, in turn, generate infringement.

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Kluwer Copyright Blog

FEBRUARY 11, 2022

” Google LLC’s copying of approximately 11,000 lines of code from the Java SE application programming interface to create the Android mobile operating system was a fair use of that material as a matter of law and did not support copyright infringement by the code’s owner, Oracle America, Inc., by Christopher Heath. €

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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. Personal Or Private Uses.

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Technology & Marketing Law Blog

JANUARY 17, 2024

There was no question about the copying–the revised William Blair documents sloppily retained references to UIRC). Despite UIRC’s copyright registrations, the court says the UIRC’s edits aren’t copyrightable: UIRC did not independently create most of the language in the documents at issue. See, e.g., White v.

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LexBlog IP

MAY 31, 2023

The Court held that the first factor of the copyright fair use test favored respondent photographer, Lynn Goldsmith, rather than petitioner, Andy Warhol Foundation for the Visual Arts (“AWF”). In response, AWF sued Goldsmith, seeking a declaratory judgment of non-infringement, or alternatively, fair use.

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SpicyIP

NOVEMBER 26, 2022

To dwell into the same, this post will restrict its analysis to the copyrightability of the impugned data as the same is the most popular reserve to protect data and NSE’s officers’ statement that they in particular do not have a problem with genuine educational platforms depicts a digression towards fair use exemption.

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BYU Copyright Blog

AUGUST 26, 2024

Secondary Education,Primary Education,Academic Publishing,Fair Use,Sovereign Immunity,Ripeness August 26, 12:56 PM August 26, 01:05 PM On June 6th of this year, another case involving copyright reached a federal court, this time in Kentucky. Additionally, Pearson argued that the fair use declaratory judgment action is not ripe.

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Technology & Marketing Law Blog

DECEMBER 11, 2023

In the Vans case, the Vans sneaker company sued the Brooklyn art collective known as MSCHF (sound it out) after MSCHF sold a limited-edition shoe it called “ The Wavy Baby ” (depicted at right). Thus, we learn nothing from the Second Circuit about how the new trademark use test should be applied going forward. Tam , 582 U.S.

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LexBlog IP

JUNE 27, 2023

” She continued: “ today’s decision—all the majority’s protestations notwithstanding—leaves our first-factor [for fair use] inquiry in shambles.the majority plants itself firmly in the ‘I could paint that’s school of art criticism.’” ’” Take that.

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43(B)log

FEBRUARY 4, 2023

Said: Framing it as “the woman question” is rhetorically tricky and still positions women as the problem—why not “the copyright question: woman edition”? Have Black musicians been able to use copyright litigation to push back against cross-racial appropriation (Three Boys), is it equal (Campbell v. Would it allow fair use?

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Kluwer Copyright Blog

APRIL 25, 2023

Emulator programs are typically used in conjunction with ROM files, which contain data extracted from physical copies of video games. A livestream shares certain similarities with a Let’s Play video, but the latter features a higher degree of editing and curation while the former is an unedited, real-time performance.

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LexBlog IP

FEBRUARY 11, 2024

Our family home always had the latest edition. Copying was tedious. Copying took effort. Copyright infringement silently screams from the sidelines, while buzzwords like “fair use” and “transformative use” enter the conversation, doing a delicate dance between legality and technology.

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Kluwer Copyright Blog

JANUARY 20, 2022

This news channel had used the (open source) NASA video for its own news video and ended up raising unjustified claims against other copies on YouTube, including NASA’s original video. Intellectual Property Law in China, 2nd edition. A commentator noted that “NASA’s new rover arrives on Mars, crash lands in YouTube’s DMCA hell”.

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43(B)log

DECEMBER 20, 2022

The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. The similarities in setting, theme, etc.

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