IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith, Andy Warhol not only used Ms. Goldsmith et al, Case No.

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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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Velocity of Content

MAY 22, 2024

This article originally appeared in The Scholarly Kitchen Copyright Licensing and Human Advancement Copyright licensing, that is, the granting of permission to reuse copyright works, has likely existed as long as copyright. Collective copyright licensing is nearly as old, generally viewed as dating from 1777.

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TraskBritt Intellectual Property

APRIL 10, 2021

When developing Android, Google had copied the text and format of function calls from Oracle’s Java SE Application Programming Interface (API). LEXIS 1864 (2021), the Supreme Court held that Google’s copying was permissible fair use. In Google LLC v. 18-956, 2021 U.S. Software and IP.

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LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No.

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LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Vanity Fair , in turn, commissioned Warhol to make a silkscreen using Goldsmith’s photograph. He did just that.

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43(B)log

MARCH 1, 2022

25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.

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LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

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TorrentFreak

MARCH 18, 2024

Patrons can also borrow books that are scanned and digitized in-house, with technical restrictions that prevent copying. Staying true to the centuries-old library concept, only one patron at a time can rent a digital copy of a physical book.

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LexBlog IP

MAY 19, 2023

Yesterday, the Supreme Court held 7-2 that a specific use of Andy Warhol’s “Orange Prince” silk screen—based on a copyrighted photograph of Prince—was not fair use. The first factor did not apply to Warhol’s image as published in Condé Nast in 2016, so that specific use was not fair use.

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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.

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Plagiarism Today

NOVEMBER 18, 2021

1: ‘GTA’ Reverse-Engineer Modders Defend Projects as Under “Fair Use”. First off today, Will Nelson at NME reports that video game modders are fighting back against a lawsuit filed by Rockstar Games claiming that their fan-created mods are a fair use, not a copyright infringement.

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LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. copyright law. Copyright law in the U.S.

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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]

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TorrentFreak

DECEMBER 22, 2023

Publishers vs. Internet Archive The self-scanning service is different from the licensing deals other libraries enter into. They believe that IA’s library is disrupting the “ecosystem” and “market equilibrium” of ebook sales. The publishers didn’t listen to these concerns.

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Copyright Lately

OCTOBER 2, 2023

It’s time to start paying attention though, because a Delaware District Court judge just ordered this low-profile AI case to trial, largely denying the parties’ motions for summary judgment on copyright infringement and fair use (read the opinion here). These copies, Ross claims, are fair use.

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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. No Control/Financial Benefit.

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Patently-O

JANUARY 4, 2024

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. Winston & Strawn , 23-cv-11193 (S.D.N.Y.

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IPilogue

DECEMBER 9, 2022

In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of the tattoos. was released. Citing Muhammad-Ali v.

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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. Harper & Row brought suit and The Nation argued that publishing the excerpts was a fair use.

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Technology & Marketing Law Blog

AUGUST 12, 2021

means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.”. Fair use : The court also grapples with fair use. Is Embedding a Display?

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The IP Law Blog

MARCH 2, 2023

According to Getty Images, Stability copied Getty’s photographs with associated text and metadata to train its Stable Diffusion model, which uses AI to generate computer-synthesized images in response to text prompts. Getty Images generates revenue by licensing the right to use its assets to businesses and consumers.

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TorrentFreak

MARCH 25, 2024

Publishers vs. Internet Archive The self-scanning service offered by the Internet Archive (IA) differs from the licensing agreements entered into by other libraries. Internet Archive’s theory of fair use represents a threat just as grave.” Thus, its actions are decidedly not protected by fair use,” their brief reads.

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IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. Damle introductory statement, Tr.

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Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. I speculated that this was an attempt to avoid a messy fair use dispute. is being used as code. is being used as code.

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TorrentFreak

JULY 14, 2024

The organization’s religious instruction program, marketed as LifeWise Academy, has a curriculum which outlines the religious instruction children receive. He also improperly obtained and posted a digital copy of the entire LifeWise Curriculum.” it is based on and contains other copyrighted content. And so it begins.

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The IP Law Blog

JULY 6, 2023

Goldsmith changed the way fair use is analyzed. In determining fair use, four factors are examined. The first fair use factor examines the purpose and character of the use. This transformative use analysis took on great importance and often eclipsed the other fair use factors.

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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.

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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.

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Technology & Marketing Law Blog

JUNE 2, 2022

Nature of Use. “Von D presumably did not need to copy the pose from the Portrait in order express a sentiment of melancholy.” 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? Market Effect.

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LexBlog IP

JULY 6, 2023

Goldsmith changed the way fair use is analyzed. In determining fair use, four factors are examined. The first fair use factor examines the purpose and character of the use. ” This transformative use analysis took on great importance and often eclipsed the other fair use factors.

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Velocity of Content

MAY 24, 2023

If you find yourself using copyrighted materials for internal education or employee training, you likely need to secure permissions for that reuse. In some cases, your organization may have a license or a subscription agreement that applies to the internal reuse of content.

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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. Ironically enough, if this case was filed in Bridgerton home territory, the UK, Barlow and Bear may attempt to use the defence of parody and pastiche.

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43(B)log

APRIL 7, 2021

Likewise, while the recent Warhol case at times seems to imply that the derivative works right overrides fair use, the same GvO passage says that copyright provides both reproduction and derivative works rights, but also subjects all works to fair use.

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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.

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Copyright Lately

SEPTEMBER 26, 2022

That order actually topped my list of the 5 Worst Copyright Decisions of 2020 because, by sending the case to a jury, the court effectively ruled that anyone with a tattoo is not in control of the uses to which his or her likeness is put. Implied License and Fair Use Are the Key Remaining Defenses. There’s a lot at stake.

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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). Writing ad copy, which authors need to sell their works.

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