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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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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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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SpicyIP

APRIL 15, 2024

Discussing the implications of unauthorized use of materials for training Generative AI models, we are pleased to bring to you this guest post by Goutham Rajeev and Vedant Bharadwaj Singh. Training GenAI: Infringement or Fair Use? The authors are third year students at the Hidayatullah National Law University, Raipur.

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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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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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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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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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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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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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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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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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LexBlog IP

APRIL 12, 2023

Scanning books to create a searchable database of books constitutes fair use. Will scanning images (or other copyright-protected content) to create a generative AI model for use in creating images be deemed fair use? And the image may impact the market for images. Scanning books to create eBooks does not.

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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 et al, Case No. Unbeknownst to Ms.

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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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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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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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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. ” Unbeknownst to Ms.

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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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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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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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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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Larson & Larson

JUNE 21, 2021

The most common limitation where the exclusive rights of a copyright holder can be limited fall under the doctrine of fair use- a defense against copyright infringement. That being said, here is a brief elucidation of what constitutes fair use. What is Fair Use? Nature of the Original Work Being Used.

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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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43(B)log

MARCH 10, 2023

Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. First, nominative fair use permits only the “truthful use of a mark.” Toyota, 610 F.3d 3d at 1177.

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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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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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Copyright Lately

SEPTEMBER 29, 2024

The company claimed the ad’s use of the Crystal Castles cabinet was de minimis —too fleeting and trivial to constitute infringement—and that it was protected under the fair use doctrine, asserting that the commercial had no conceivable impact on the market for Atari’s game.

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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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Traverse Legal Blog

OCTOBER 20, 2022

If you don’t own the NFT, you might still wonder how you can use the image which appears on Google search or at the OpenSea marketplace. Can I copy and use a digital asset linked to an NFT? Trademark infringement and copyright infringement are risks which you need to assess before you buy an NFT or use a linked digital asset.

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The IP Law Blog

APRIL 8, 2021

Finding Google’s copying a fair use, the Supreme Court ended Oracle’s decade-long attempt to recover copyright damages. In designing the mobile platform, Google independently developed most of the code but copied what the parties referred to as “declaring code” for 37 application programming interfaces, or APIs.

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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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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

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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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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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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LexBlog IP

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] Section 107 of the Copyright Act provides that “fair use of a copyrighted work.

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