Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. Fair Use Precedent? Google Books and Transformative Use The past two decades have seen a wealth of technological developments, but generative AI is qualitatively different from everything that has come before. copyright law.

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TorrentFreak

JULY 27, 2024

The annual list of ‘ notorious markets ,’ for example, is a well-known diplomatic mechanism to encourage other countries to up their enforcement actions and improve laws. There are also grave concerns that proposed “fair use” exceptions, which are partly modeled after U.S.

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IP and Legal Filings

MAY 3, 2024

The law is an important part of protecting intellectual property and protecting creators’ rights to their original works. Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. It was considered a criminal offense.

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TorrentFreak

NOVEMBER 16, 2021

The company demanded damages under copyright law claiming that the team “willfully and maliciously” copied, adapted and distributed its source code and other content without permission. Affirmative Defense – Fair Use. The doctrine of fair use bars the relief sought by Plaintiff,” the response adds.

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JD Supra Law

FEBRUARY 21, 2025

On February 11, 2025, Third Circuit visiting Judge Stephanos Bibas, sitting by designation on the U.S.

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TorrentFreak

MARCH 25, 2025

Meta admitted the use of these unofficial sources early on. At the same time, however, the company denied the copyright infringement allegations, noting that it would rely on a fair use defense, at least in part. The authors said that the downloading of millions of books cannot be classified as fair use.

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Traverse Legal Blog

NOVEMBER 25, 2024

2024 Update) Accidental copyright infringement occurs when someone unknowingly violates copyright law. This can happen due to: Lack of Understanding: Not fully comprehending copyright laws and regulations. Misinterpreting Licenses: Incorrectly assuming permission to use copyrighted material.

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TorrentFreak

SEPTEMBER 2, 2024

The law says that this can only take place off-site, with teachers and authorities’ involvement limited to releasing children into the hands of third-party organizations for instruction elsewhere. “Copyright law is not a tool to punish or silence critics. LifeWise’s own legal complaint shows why Mr.

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IP Watchdog

NOVEMBER 17, 2021

“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. Naturally, the way courts analyze the “fair use” defense must adapt as technology advances and the way in which creative content is developed evolves.

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TorrentFreak

OCTOBER 7, 2021

Early September the defendants fired back with a motion to dismiss the “fatally defective” complaint, arguing that they only used a very small portion of the four-hour broadcast for the purposes of commentary and criticism, a key component of a fair use defense.

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TorrentFreak

OCTOBER 31, 2024

In Japan, where the concept of fair use isn’t recognized, there’s arguably less cause for confusion. On October 29, officers from Miyagi Prefectural Police Headquarters and Tome Police Station arrested three men on suspicion of violating copyright law.

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TorrentFreak

FEBRUARY 6, 2025

Many of the details were previously sealed, but unsealed copies added to the docket yesterday reveal new information. This doesn’t mean that Meta denies using shadow libraries, its argument is that using such data to train its LLM models constitutes fair use under U.S. copyright law.

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Technology & Marketing Law Blog

AUGUST 31, 2021

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. These three cases address fair use in this context. McGucken moved for summary judgment on the fair use defense. The second factor weighs slightly against fair use.

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TorrentFreak

SEPTEMBER 28, 2023

Among its arguments to dismiss the claims, the AI company cited fair use. It argued that the use of large amounts of copyrighted texts could be seen as ‘fair’ because it helps to facilitate progress and innovation. “Fair use, of course, is an important—yet limited—feature of U.S. copyright law. .

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IP and Legal Filings

JANUARY 2, 2025

Copyright law is in charge of controlling how literary, artistic, and theatrical works, among others, are used. The law of copyright regulates the activities of copying and disseminating the words of someone who has copyright over something online without that person’s consent. Super Cassettes Industries Ltd.

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Plagiarism Today

SEPTEMBER 15, 2021

In the lawsuit, Pearson alleges that Chegg, through the use of thousands of freelancers, provides answers to questions found in textbooks it publishes and, in doing so, often copies the question verbatim or with slight paraphrasing. As a result, Pearson is suing Chegg alleging copyright infringement. Chegg’s Potential Defenses.

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Patently-O

APRIL 3, 2022

Although Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. Litigation ensued, and the basic question in the case is whether Warhol’s unlicensed uses constitute “fair use” under Section 107 of the Copyright Act. by Dennis Crouch. Andy Warhol Foundation v. 17 U.S.C. §

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IPilogue

MAY 26, 2022

Raenelle Manning is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. An artist who fails to acquire permission from the copyright owner can use the ‘fair use’ defence. Under section 107 , fair use allows persons to use parts of a copyright protected work without permission for limited purposes.

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TorrentFreak

FEBRUARY 20, 2022

Some of McFree’s critical videos use copyrighted material owned by Watch Tower so in 2018, the group filed an application for a DMCA subpoena which asked a court to compel YouTube/Google to hand over his details. ” Fair Use Considerations. Overall then, the first factor weighs in favor of fair use.

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Indiana Intellectual Property Law

JUNE 1, 2023

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use. Continue reading

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The IP Law Blog

MAY 25, 2023

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. However, the majority rejected this argument, stating that the new expression alone did not determine the purpose or character of the copying use.

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Intellectual Property Law Blog

JUNE 5, 2023

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] The amount and substantiality of the portion used in relation to the copyrighted work. Since the Supreme Court’s decision in Campbell v.

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Kluwer Copyright Blog

APRIL 8, 2024

Copy-reliant technologies have banked heavily on that principle over recent years and it wouldn’t be a stretch to say that the principle of non-expressive use has become the legal foundation of how the internet essentially works. Litigation against these models has piled up at the same breakneck speed as they have gained ground.

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TorrentFreak

FEBRUARY 22, 2024

The Internet Archive is widely known for its Wayback Machine, which preserves copies of the web for future generations. The motion is centered around the statute of limitations but IA also stressed the importance of their archiving efforts, hinting that it would be eligible for a fair use defense. ” Fair Use?

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SpicyIP

FEBRUARY 17, 2025

Sneha is a Partner at Saikrishna and Associates and leads their Artificial Intelligence and Law Practice. The US District Court for the District of Delaware’s recent opinion in Thomson Reuters and West Publishing v. The post will also look at how contention of parties would fare under Indian law. Long post ahead. ]

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Copyright Lately

DECEMBER 29, 2024

In a January 2024 report and recommendation later adopted by the court , the magistrate judge found that the repost infringed the plaintiff’s display right simply because it shows a copy of the photo on Chicken Joes social media account. Fair Use Declawed. For that reason, Prepared Food Photos v. Netflix, Inc.

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Technology & Marketing Law Blog

FEBRUARY 25, 2024

The court finds fair use. Purpose and Character of Use. However, to copy any less than the entire frame of each video would have disturbed the material and made the videos useless to the commentary. 22, 2024) The post Reaction Videos Are Fair Use–Thiccc Boy v. ” Amount Taken.

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JD Supra Law

MAY 23, 2023

On May 18, the Supreme Court addressed the issue of “fair use” in copyright law, specifically in relation to the petitioner Andy Warhol Foundation’s (AWF) commercial licensing of a Warhol print entitled “Orange Prince” based on respondent Lynn Goldsmith’s photograph of the artist Prince Rogers Nelson, better known simply as “Prince.”.

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IPilogue

NOVEMBER 11, 2021

Emily Xiang is an IPilogue Writer, the President of the Intellectual Property Society of Osgoode (IPSO), and a 2L JD Candidate at Osgoode Hall Law School. . However, fair dealing’s designation as an “exception” inherently produces a negative implication: that copyright law is the “natural order” of things.

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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?

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Technology & Marketing Law Blog

JANUARY 18, 2025

Instead, XXL relied on a fair use defense, which works: Nature of use: “the video was the subject of the news story and because the article added new information and context about the contents of the video.” ” Amount taken: “Townsquare copied the entire Jordan video. .”

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Intepat

NOVEMBER 19, 2024

In today’s world, copyright laws are essential for protecting creative works like books. For business owners, publishers, and sellers, understanding copyright can prevent legal issues and ensure fair use of content. Copyright grants the author or creator exclusive rights to use, distribute, and sell their work.

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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).

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Technology & Marketing Law Blog

FEBRUARY 12, 2024

This is what I call a “commercial editorial use”–ad-supported editorial content. Courts routinely split on whether commercial editorial use is commercial for fair use purposes. 6, 2024) The post Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. Amount Taken. 21-2021 (4th Cir.

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Plagiarism Today

OCTOBER 4, 2022

However, the important thing to know is that there was no doubt that Take-Two did copy the tattoos in question and there was no question of Alexander’s ownership of them. Fair Use – That the use of the tattoos was a fair use, meaning that the use was transformative enough to not be an infringement of the original work.

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SpicyIP

OCTOBER 9, 2024

Internet Archive, our fellowship applicant Tanishka Goswami explains the implication of the decision on fair use. She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Through this post, I shall: firstly , examine the Appellate Court’s “fair use” analysis w.r.t.

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IPilogue

JULY 18, 2022

Tianchu Gao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use. Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use.

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