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. Pub Ocean then published an article titled “A Massive Lake has Just Materialized in the Middle of One of the Hottest Places on Earth”.

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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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TorrentFreak

JUNE 14, 2022

In the summer of 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House filed a copyright infringement lawsuit against Internet Archive (IA). “The only issue is whether Internet Archive’s massive infringement scheme is fair use under 17 U.S.C. § In a June 10 letter to Judge John G.

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TorrentFreak

AUGUST 13, 2023

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Patrons can also borrow books that are scanned and digitized in-house, with technical restrictions that prevent copying. Covered Books?

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TorrentFreak

AUGUST 19, 2021

Last June, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive for copyright infringement , describing its ‘Open Library’ as operating like a pirate site. Publishers Respond to Internet Archive’s Request.

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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

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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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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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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TorrentFreak

AUGUST 14, 2021

The service was not appreciated by book publishers. Publishers Sue IA For Copyright Infringement. HarperCollins Publishers LLC, John Wiley & Sons, Inc., and Penguin Random House LLC – all members of the Association of American Publishers – accused the Internet Archive of running a pirate site.

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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. Not all publishers are happy with IA’s approach which triggered a massive legal battle two years ago. The publishers didn’t listen to these concerns.

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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. Mr. Parrish published internal LifeWise documents and the entire copyrighted LifeWise Curriculum on his website [Parents Against LifeWise].

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LexBlog IP

NOVEMBER 17, 2023

This time, a group of music publishing companies, including Concord Music Group, Inc., They allege that Anthropic copies Plaintiffs’ copyrighted song lyrics and its AI chatbot, Claude, then generates those lyrics in response to user prompts—all without a license. ABCKO Music, Inc., See Concord Music Group, Inc.

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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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Plagiarism Today

SEPTEMBER 9, 2021

They further claim that the podcasters obtained a pirated copy of the fight to use in the show. According to H3’s response, their use of the video in the podcast was a fair use and if the version they had was pirated, that is not itself a copyright infringement.

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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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Dear Rich IP Blog

NOVEMBER 10, 2020

Dear Rich: I'm about to submit a copyright application and have a question about whether or not a song is considered published. If I send copies to a few people, is that considered "published," or does it have to be a mass distribution, like a sale? That's because copyright could be lost if a work was published without notice.

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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. Of course, The Nation published the juiciest details from the memoir: Ford’s reasons for pardoning his predecessor, Richard Nixon.

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Velocity of Content

MAY 24, 2023

In this post, we’ll provide you with four copyright tips that will help you better understand how published material can be leveraged in your projects in a copyright compliant way. I want to use copyrighted material for internal use only. Check the terms and conditions of these agreements to see if your reuse is covered.

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Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. 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.

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The IP Law Blog

OCTOBER 13, 2022

Take-Two Interactive Software found that the depiction of tattoos on wrestler Randy Orton in a video game published by Take Two Interactive infringed the tattoo artist’s copyright in the tattoos. Take Two had good reason to believe in its implied license defense. The District Court also found that the use was not fair use.

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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. .”

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TorrentFreak

DECEMBER 13, 2023

The submission was filed by the Science Fiction and Fantasy Writers Association ( SFWA ), which represents over 2,500 published writers. The association is particularly concerned with the suggestion that its members’ works can be used for AI training under a fair use exception.

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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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Technology & Marketing Law Blog

JUNE 2, 2022

Nature of Use. It’s a creative photo, but it was published. Amount Used. “Von D presumably did not need to copy the pose from the Portrait in order express a sentiment of melancholy.” This factor weighs against fair use. ” That sends the issue to the jury. Nature of the Work.

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Kashishipr

JUNE 9, 2021

With the onset of the trend wherein users are gradually switching to online streaming to meet their music needs and discarding traditional methods such as radio, television, and music CDs, compulsory licensing for the internet was recognized as a key policy issue by the music industry last year. Background. The Plaintiff, Tips Industries Ltd.,

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IP and Legal Filings

JULY 21, 2022

Among the other solutions, the most easy and feasible way to come out of the problem of unavailability and unaffordability was to start copying the books, study materials, and video lectures with the help of different mechanisms. The exceptions in fair dealing have been stated in general terms and the list is not exhaustive.

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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.

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Velocity of Content

JANUARY 25, 2024

This article originally appeared in IPWatchdog and is re-published with permission. “Is Thus, some countries will have strict laws on making copies of copyrighted content to “train” an AI system while others will be more relaxed. Artificial Intelligence (AI) is global, and copyright laws are national.

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Copyright Lately

JUNE 2, 2022

In a 30-page order, the district court largely denies both parties’ motions for summary judgment, finding triable issues on substantial similarity and fair use. and High Voltage Tattoo) asked the court to determine that the use of Sedlik’s photo as a reference image qualified as a fair use of the copyrighted work.

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LexBlog IP

OCTOBER 13, 2022

Take-Two Interactive Software found that the depiction of tattoos on wrestler Randy Orton in a video game published by Take Two Interactive infringed the tattoo artist’s copyright in the tattoos. Take Two had good reason to believe in its implied license defense. The District Court also found that the use was not fair use.

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IP and Legal Filings

FEBRUARY 9, 2023

Marrakesh Treaty Marrakesh Treaty was adopted on June 27, 2013, to facilitate access to published works for people who are Blind Persons, Visually Impaired Persons, or Print Disabled (hereinafter beneficiary) who refrains from indulging in any printed form of copyrighted work. [i] Lacuna: Copyright Act. In Authro Guild v.

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Kashishipr

OCTOBER 27, 2021

It encourages them to make suitable programs that can work on their platforms by publishing documents and providing tools to help them adapt to their APIs. In this case, Google had thirty-seven declaring codes and the SSO of Java verbatim but did not publish the same in a manner to allow interoperability with Oracle’s Java.

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IP and Legal Filings

JANUARY 8, 2023

modification, and other forms of copying of the work fall under this category. To be able to profit from their efforts, entrepreneurial ventures or people that create their own original works and publish them register themselves. Through a licensing agreement, they can give consent for other parties to utilize their creations.

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IPilogue

DECEMBER 13, 2022

In 1984, Vanity Fair magazine received a licence from photographer Lynn Goldsmith to use her 1981 portrait of Prince, which she had shot on assignment for Newsweek. In determining fair use according to the statute, one of the primary points of contention involved the meaning behind the “purpose and character” of the alleged use.

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TorrentFreak

JULY 26, 2023

So-called ‘cam’ copies appear online within hours of movies first appearing in theaters, yet as piracy releases go, cams are unique in their ability to disappoint just about everyone. For the last 40 years the Motion Picture Association has regularly highlighted the damage caused by in-theater recordings of the latest movies.

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IPilogue

AUGUST 4, 2021

On infringing copyright, GitHub’s staff machine-learning engineer Albert Ziegler published a research paper assuring users that while “Copilot can quote a body of code verbatim … it rarely does so, and when it does, it mostly quotes code that everybody quotes, and mostly at the beginning of a file, as if to break the ice.”. What Comes Next?

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