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. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

TorrentFreak

JUNE 14, 2022

Internet Archive later called for a peaceful solution , offering to partner with publishers to create a “digital system that works” A month later IA filed its answer to the complaint supported by defenses under fair use and the DMCA’s safe harbor provisions, and later attempted to show that its library did publishers no harm.

Publishing 136

Publishing Fair Use Copying Editing 136

TorrentFreak

SEPTEMBER 7, 2021

. “Anyone who watches the 4/22/21 Podcast can instantly recognize the true purpose of Triller’s [second amended complaint]: retaliation against the 4/22/21 Podcast because it excoriated the Broadcast and its main event – the boxing match between Jake Paul and Ben Askren (the ‘Fight’). Fair Use Defenses.

Copyright 137

Copyright Fair Use Copyright Infringement Copying 137

TorrentFreak

OCTOBER 1, 2023

” and “Is it copyright if nobody knows I copied a song and changed it so it sounds nothing like the original?” Who hasn’t seen copies of well-known tracks uploaded in full and protected by the statement: “I do not own this song. .” ” Similar gems are a regular occurrence on YouTube.

Fair Use 121

Fair Use Copyright Copying Copyright Infringement 121

IP Tech Blog

MARCH 28, 2023

A federal district court in New York held that the Internet Archive’s Open Library project was engaging in copyright infringement by publishing digital copies of millions of books online. The court engaged in an extensive analysis of whether the purpose and character of Internet Archive’s use was transformative. of America v.

Fair Use 57

Fair Use Copying Publishing Copyright Infringement 57

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. The problem for the plaintiffs, however, is that Making Rumours presents those scenes and dialogue as events that actually happened.

Art 120

Art Copyright Copying Copyright Law 120

TorrentFreak

AUGUST 19, 2021

The Internet Archive (IA) sees things differently, noting that its ‘Controlled Digital Lending’ process operates for purposes including preservation, access and research, therefore meeting ‘fair use’ standards. In parallel, IA believes its liability is limited due to the safe harbor provisions of the DMCA.

Publishing 143

Publishing Fair Use Marketing Marketing 143

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. Percentage of Original Material Used.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

LexBlog IP

MARCH 28, 2023

A federal district court in New York held that the Internet Archive’s Open Library project was engaging in copyright infringement by publishing digital copies of millions of books online. The court engaged in an extensive analysis of whether the purpose and character of Internet Archive’s use was transformative.

Fair Use 52

Fair Use Copying Publishing Television 52

Technology & Marketing Law Blog

MARCH 6, 2022

” With respect to whether Babybus’ baby character infringed Moonbug’s baby, Babybus claimed that the alleged copying related to generic features found in nature. .'” Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Fair Use 111

Fair Use Cease and Desist Copying Copyright Infringement 111

Velocity of Content

OCTOBER 19, 2023

The 1976 Act was the first major revision of US copyright law since the 1909 Act , which was passed during the era of Mark Twain, ragtime, player pianos, and early silent films. In his memoir, Ford recounted growing up in Michigan, serving in Congress, and the complicated events of the 1970’s that brought him to the Presidency.

Copyright 116

Copyright Fair Use Copyright Law Copyright Notice 116

The IP Law Blog

SEPTEMBER 30, 2022

Using a copyrighted song, or portion of a song, in a presentation, at an event, on your website, or on social media. Modifying an image or photo and using it in a presentation, brochure, on your website, or on social media. Making a copy of a video or audio recording. That is not the case.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

IPilogue

OCTOBER 12, 2022

Netflix also holds the position that Barlow and Bear “ copied liberally and nearly identically ” the elements of expression, dialogue, characters, and key plot points from Bridgerton. Perhaps more important for Netflix is the promotion and success of their event “Queen’s Ball,” a Bridgerton experience held across multiple cities.

Intellectual Property 105

Intellectual Property Social Media Fair Use Music 105

Velocity of Content

MARCH 16, 2023

As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents). I speculated that this was an attempt to avoid a messy fair use dispute.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

TorrentFreak

MAY 8, 2023

Adjusted for inflation, imported Japanese N64s changed hands for the equivalent of $1,400 in today’s money; a copy of Super Mario 64? Imported into the gray market in Europe, US cartridges were cheaper than their Japanese counterparts. A snip at $165. An emulator reference, presumably.

Copying 138

Copying Copyright Licensing Fair Use 138

Velocity of Content

OCTOBER 19, 2021

Today is the 45th anniversary of that event. wrote into the statute) the well-known four fair use factors which provide guidance for assessing whether, in cases of alleged infringement, an unauthorized use ought to be considered a fair use. One section of the new law, Section 107, codified (i.e.,

Copyright 105

Copyright Law Fair Use Public Domain 105

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].

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

TorrentFreak

FEBRUARY 1, 2024

In a matter of weeks, the controversial Jake Paul vs. Ben Askren PPV boxing event will turn three years old and still be remembered for all that went wrong. In summary, H3 says that when it showed the fight along with biting commentary on YouTube, that was fair use, even though the video shown was sourced from a pirated copy of the PPV event.

Copyright Infringement 110

Copyright Infringement Advertising Advertising Copyright 110

Copyright Lately

SEPTEMBER 26, 2022

In a first-of-its-kind copyright trial, a jury will decide whether tattoo artist Catherine Alexander can effectively control the use of Randy Orton’s likeness in video games. After over four years of litigation and five COVID-related continuances, it’s finally time for the main event.

Fair Use 86

Fair Use Licensing Ownership Copying 86

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?

Copyright 117

Copyright Artwork Moral Rights Non-Fungible Tokens 117

TorrentFreak

JULY 14, 2024

In the belief that the curriculum contains information supportive of the group’s cause and in the wider public interest, it’s alleged that Parrish set out to obtain a copy. He also improperly obtained and posted a digital copy of the entire LifeWise Curriculum.” In general, confidence on the legal aspects is high.

Copyright 128

Copyright Licensing Fair Use Derivative Work 128

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. This left only the fair use defense remaining for the jury.

Fair Use 80

Fair Use Design Designs Licensing 80

TorrentFreak

APRIL 27, 2022

The poster noted that while it appeared the information had multiple sources, several people might have copied existing information. Copies of the copyright notices sent to Reddit users don’t help much either, since these do not relay who made the copyright complaint or on what grounds. Reporting Facts?

Cease and Desist 96

Cease and Desist Copyright Infringement Fair Use Copyright 96

TorrentFreak

MARCH 7, 2023

Since most tweets relating to the initial dispute have since been deleted or disabled, here we rely on archived and cached copies for evidence. Copies of these communications have not been made public, so their nature remains unknown. In any event, the outcome is that an original uploader of unique content has been suspended.

Copyright 145

Copyright Copying Business Licensing 145

IPilogue

SEPTEMBER 9, 2022

The real-life tax company “Liberty Tax” claims that the show copied its logo and style, including the Statue of Liberty, which is a frequent identifier of the company. As an interactive film, Bandersnatch viewers could take control and make decision for the protagonist, Stefan Butler, as he navigates a series of disturbing events.

Trademark 105

Trademark Public Domain Television Fair Use 105

Patently-O

DECEMBER 11, 2023

4, 2023, FTC Roundtable event [1] that featured testimony largely from artists and writers critical of generative AI: 11 of the 12 witnesses appeared to be or to represent individual creators, and one represented open-source software developers who objected to AI training on their code. On that point, time will tell. 4] Authors Guild, Inc.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Kluwer Copyright Blog

SEPTEMBER 11, 2023

Fair use in US ( Google Books but reuse pattern different here. Fair dealing c. Singapore (computational data analysis; user must not “use the copy for any other purpose”) f. Most likely not original in any event 6. Is scraping/text and data mining legal? Impact of Warhol, esp for GenAI) b.

IP 116

IP Derivative Work Intellectual Property Art 116

The IPKat

JULY 27, 2021

One of the major sticking points from these comments and which also appears in other comments and submissions shared by various stakeholder groups is the fair dealing v fair use choice. There is consensus on all sides that South Africa’s current position on the fair dealing ‘line’ is problematic.

Fair Use 61

Fair Use Copyright Copying Publishing 61

SpicyIP

JULY 12, 2021

Piracy and Fair Use. Further, what constitutes ‘copy of a film or a part thereof’ isn’t defined, implying that making or transmitting a copy of any length and for every purpose is prohibited. Explanation.- The only respite from this is exemption of instances covered by Section 52 of Copyright Act.

Copyright 105

Copyright Copyright Infringement Copying Fair Use 105

Copyright Lately

DECEMBER 24, 2023

Netflix was decided after the Supreme Court managed to make fair use even more complicated in Andy Warhol Foundation v. Atlantic Records that “The concept of using ‘p * so wet’ as a rhetorical device in a song is neither original nor unique to plaintiff.” When Netflix refused to pay up, Cramer sued for copyright infringement.

Copyright 105

Copyright Copyright Infringement Music Fair Use 105

IIPRD

MARCH 23, 2022

On fulfilling the same, Section 14 of the Act makes the creator eligible to get certain exclusive rights such as, to issue copies of your creativity/work publicly, right to reproduce work, to perform work in public, right to sue for infringement and make an adaption of work. In the case of Bikram’s Yoga Coll. Of India, L.P.

Intellectual Property 73

Intellectual Property Fair Use Copying Copyright 73

Copyright Lately

AUGUST 2, 2022

performances of “The Unofficial Bridgerton Musical”) or other derivative works that might compete with Netflix’s own planned live events,” including the multi-city “ Bridgerton Experience.” While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

Technology & Marketing Law Blog

MARCH 29, 2023

Prutton admitted to copying and said that his adult daughter had helped him with his website. (A The CCB in the Final Determination sidesteps that issue, and looks to Prutton’s two defenses: fair use and unclean hands. Fair Use: From my perspective, the fair use analysis is what I’ve been waiting for.

Blogging 105

Blogging Fair Use Copyright Copyright Notice 105

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

Intepat

DECEMBER 18, 2024

This means that while a specific podcast format or a factual event, such as a historical crime case, is not subjected to copyright protection. Additionally, if the use does not harm the market value of the original work, it is more likely to be considered fair use. For example, in the landmark case R.G.

Licensing 52

Licensing Copyright Public Domain Music 52

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.

Fair Use 40

Fair Use Copying Copyright Copyright Law 40

LexBlog IP

SEPTEMBER 30, 2022

Using a copyrighted song, or portion of a song, in a presentation, at an event, on your website, or on social media. Modifying an image or photo and using it in a presentation, brochure, on your website, or on social media. Making a copy of a video or audio recording. That is not the case.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52