TorrentFreak

JULY 27, 2024

companies are among the global market leaders. 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. to use it as a basis for sanctions. Whether it’s movies, music, software or other goods, U.S.

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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

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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TorrentFreak

SEPTEMBER 2, 2024

Parrish Publishes LifeWise’s Children’s Curriculum, LifeWise Sues In the belief that the curriculum contains information supportive of the opposition group’s cause, Parrish obtained a copy of the closely-guarded documents and, in the public interest, posted them publicly online. Factors of Fair Use A.

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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. Other Fair Use Factors Cannot Be Relied Upon.

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Traverse Legal Blog

NOVEMBER 25, 2024

Misinterpreting Licenses: Incorrectly assuming permission to use copyrighted material. Fair Use Misconception: Believing that a particular use falls under fair use guidelines. Preventing Accidental Infringement: Respect Copyright: Avoid copying others’ work without permission.

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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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IPilogue

MAY 26, 2022

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. The fair use defence is rarely used in music sampling cases.

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SpicyIP

FEBRUARY 17, 2025

The Court has granted summary judgment in respect of 2,830 headnotes belonging to Thomson Reuters and admittedly used by Ross Intelligence to train its Natural Language Processing and Artificial Enabled Legal Research tool, finding Direct Copyright Infringement and rejecting fair use. But, first, Some History!

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Copyright Lately

MAY 22, 2023

Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market.

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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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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.

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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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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. Market Effect. 22, 2024) The post Reaction Videos Are Fair Use–Thiccc Boy v.

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Intepat

NOVEMBER 19, 2024

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. Copyright in books gives the author control over how their work is used, reproduced, and distributed.

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IP and Legal Filings

JANUARY 2, 2025

Both individuals and organisations may now share, communicate, and market their goods or themselves. Copyright law is in charge of controlling how literary, artistic, and theatrical works, among others, are used. Social media sites include a number of tools for this purpose, such as re-posting, sharing, and re-tweeting [1]. 1 (2022).

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Velocity of Content

FEBRUARY 26, 2025

Nonetheless, on February 11, the Ross case did in fact become the first US decision on the merits to directly address copying to train AI. The case arose out of the surreptitious copying of the entire Westlaw database (after having been denied a license) by a company that wanted to create an arguably competing product.

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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. ” Market Effect. The court says it presumes harm with a commercial non-transformative use. Amount Taken.

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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] It found that all four fair use factors weighed against fair use. [12] Goldsmith counterclaimed for copyright infringement.

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IP and Legal Filings

FEBRUARY 17, 2022

Although it is obvious that someone has copied a fictional character if they use identical or substantially similar language to describe them, what happens more frequently is a copying of more abstract character traits and elements that only conjure up a mental image of that character for the reader. THE DOCTRINE OF FAIR USE.

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TorrentFreak

MARCH 25, 2023

IA’s library is operated by a non-profit organization that scans physical books and then lends the digital copies to patrons in an ebook format. In this case, IA sent physical books it owned to a scanning facility and made its own copies. Fair Use or Mass Copyright Infringement? Competing With Free?

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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 11, 2025

Note 2: I don’t have a problem with saying that a collection of headnotes may be subject to a compilation copyright, but I’m not sure ifRoss copied the selection/arrangement/ coordination of the headnote collections.) 4) I disagree with the court’s application of the fair use transformative standard.

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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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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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Copyright Lately

AUGUST 19, 2024

The AI copyright and fair use trial in Thomson Reuters v. On Friday, August 23, jurors are scheduled to hear opening statements in the first trial to test whether using copyrighted data to train an AI program qualifies as fair use. Ross Intelligence may not be glamorous, but it will be groundbreaking.

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LexBlog IP

AUGUST 11, 2021

The Supreme Court’s decision held that, contrary to the decision by the Federal Circuit Court of Appeals which was discussed in our previous alert , Google’s use of Oracle’s APIs was protected by the copyright defense of Fair Use. Oracle owns the widely-used Java platform and Java programming language.

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43(B)log

FEBRUARY 4, 2023

A Few Words for a Lost Friend: Tribute to Dmitry Karshtedt (Bob Brauneis, Mark Lemley, Jake Sherkow) Closing Plenary Session: Fair use Robert Brauneis, Copyright Transactions in the Shadow of Fair Use Suppose a work does not infringe another work because and only because it’s been ruled a fair use.

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TorrentFreak

APRIL 23, 2024

The organization literally archives key parts of the Internet, copying older versions of websites to preserve them for future generations. The organization doesn’t license authorized digital copies from publishers; instead, its books are scanned and digitized in-house. IA has plenty of other archive projects too.

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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. “In short, IA’s practice of CDL is radical and unlawful. A Napster Moment?

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Technology & Marketing Law Blog

AUGUST 19, 2024

It implicates most of the key issues, including copyrightability (especially the idea/expression dichotomy); infringement; and fair use. The opposite of “copying-in-fact” is independent creation, i.e., the defendant independently executed a similar output to the copyright-protected work.

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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

JUNE 24, 2024

Two Targets, Two Lawsuits The RIAA announced not one, but two copyright infringement lawsuits on Monday, filed against two of the most impressive services in the generative AI music market. Udio owner Unchartered Labs was sued in the US District Court for the Southern District of New York, while Suno, Inc.

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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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The IP Law Blog

NOVEMBER 30, 2023

Ross Intelligence Inc will provide guidance for similar AI training/copyright infringement cases and, as a bonus, it provides a bit of clarity (or muddies the waters… depending on your point of view) in the application of a post-Warhol fair use defense. The first factor assesses whether the use is ‘transformative.'”.

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Plagiarism Today

OCTOBER 26, 2021

This means, theoretically, that elements such as the Superman “S” can be protected by copyright because they are separate elements that are merely copied onto the clothing. Unique Industries , the 3rd Circuit Court of Appeals ruled that masks broadly fall outside the “useful article” classification and do qualify for copyright protection.

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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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