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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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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Fair Use Copyright Law Copyright Law 52

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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Fair Use Derivative Work Licensing Copyright Infringement 40

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. ” Thus, copyright law provides authors with the right to control the use of their creative works. copyright law. Copyright law in the U.S.

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Fair Use Derivative Work Copyright Law Art 52

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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Plagiarism Fair Use Copying Copyright Infringement 122

Velocity of Content

MAY 24, 2023

Do I need permissions to reuse content in a conference presentation? If the content in the presentation was previously published in a journal or other third-party publication, it may well require permissions for reuse, even if it is the result of your own or your client’s research.

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Copyright Fair Use Journalism Publishing 98

Technology & Marketing Law Blog

MARCH 11, 2022

In response, Newman, the community moderator, copied all of the community’s posts and uploaded them to Dreamwidth–an action we used to call “mirroring” in the old days. Nevertheless, the registration is worthless because Newman qualifies for fair use. ” Nature of Use. ” Nature of Use.

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Fair Use Copying Copyright Publishing 104

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.

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Fair Use Copying Licensing Copyright 112

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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Fair Use Social Media Copyright Copyright Infringement 103

TorrentFreak

JUNE 30, 2023

The Washington Post previously reported that the “C4 data set,” which Google and Facebook used to train their AI models, included Z-Library and various other pirate sites. government as markets for piracy and counterfeits were present in the data set,” the article added.

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Copyright Infringement Fair Use Copyright Journalism 138

Velocity of Content

MAY 1, 2024

29 town hall, The Heart of the Matter: Copyright, AI Training and LLMs, presented a comprehensive case that AI systems do infringe copyrights and called for a licensing system to compensate content owners. The presentation wove together technical principles and legal arguments. Fair use loomed large among those rights.

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Fair Use Copying Licensing Copyright 52

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.

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Fair Use Copyright Moral Rights Copyright Law 133

Kluwer Copyright Blog

APRIL 22, 2024

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. And why is that?

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Copyright Artwork Moral Rights Non-Fungible Tokens 114

LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1]

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Licensing Fair Use Copyright Derivative Work 52

SpicyIP

JUNE 26, 2024

An interesting side note, one of our former bloggers, Rahul Bajaj, is representing the petitioner in the present case. The Treaty mandates member countries to enforce exceptions or limitations in their respective copyright laws to allow for reproduction and distribution of accessible copies of original works for PwDs.

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Copyright Copying Publishing Cinema 73

IP Intelligence

APRIL 18, 2023

Many people were disappointed when the most-watched copyright case of the past 10 years, Oracle’s lawsuit against Google over Google’s copying Java application programming interface (API) code, failed to yield better guidance on the scope of copyright protection for computer programs. Of course, the Court did neither. million lines of code).

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Copyright Fair Use Copying Public Domain 98

Copyright Lately

MAY 17, 2021

And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. The Supreme Court’s seminal fair use decision, Campbell v.

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Fair Use Copying Television Social Media 96

Copyright Lately

SEPTEMBER 26, 2022

As the parties wait in their respective corners for the opening bell to ring, here’s what you need to know: Alexander Has Already Established Ownership and Copying. As I’ve previously discussed here and here , this means copying that’s so trivial or fleeting that it can’t support a claim for infringement.

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Fair Use Licensing Ownership Copying 86

Technology & Marketing Law Blog

AUGUST 2, 2021

The book is available as a PDF at Gumroad for $10, as a Kindle ebook for $9.99, and in hard copy at Amazon for $20. The hard copy comes with a free PDF on request; and shipping should be free on Amazon Prime.] If you’re an academic and would like a free evaluation copy, please email me. Note About Fair Use.

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Editing Law Privacy Contracts 145

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. the pop-up is not a joke nor is it a presentation of ridicule or satire.”.

Blogging 94

Blogging Social Media Television Fair Use 94

SpicyIP

OCTOBER 8, 2023

In the present case, the defendants were using various digital platforms to disseminate the course, videos and course material of the Plaintiff. Another sub-issue was the interpretation of the word “reproduction” used u/s. Another sub-issue was the interpretation of the word “reproduction” used u/s.

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Fair Use Copyright Copying Publishing 59

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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Fair Use Derivative Work Blogging Licensing 96

The IPKat

JULY 27, 2021

One of the major sticking points from these comments and which also appears in other comments and submissions shared by various stakeholder groups is the fair dealing v fair use choice. There is consensus on all sides that South Africa’s current position on the fair dealing ‘line’ is problematic.

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Fair Use Copyright Copying Publishing 79

LexBlog IP

APRIL 18, 2023

Many people were disappointed when the most-watched copyright case of the past 10 years, Oracle’s lawsuit against Google over Google’s copying Java application programming interface (API) code, failed to yield better guidance on the scope of copyright protection for computer programs. Of course, the Court did neither.

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Copyright Fair Use Copying Public Domain 52

SpicyIP

APRIL 15, 2024

Training GenAI: Infringement or Fair Use? Presently, GenAI is primarily trained through Machine Learning (ML) which is a process that allows machines to learn from data and past experiences to identify patterns with minimal human interference. A more detailed understanding of TDM may be found here. In Authors’ Guild v.

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Fair Use Copyright Infringement Derivative Work Copyright 49

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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Fair Use Licensing Cease and Desist Derivative Work 130

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

Blogging 81

Blogging Copyright Contracts Cease and Desist 81

IP and Legal Filings

JANUARY 8, 2023

modification, and other forms of copying of the work fall under this category. A product or piece of information may be easily copied thanks to modern technology, and some businesses get a significant portion of their income from copying what other businesses have produced. Rameshwari photocopy services & ors. The Tips v.

Copyright 78

Copyright Copyright Infringement Music Copying 78

IP and Legal Filings

FEBRUARY 9, 2023

[iii] This treaty also directs for permission of use, without authorization of the copyright holder over such accessible formats of copyrighted copies, which should be non-commercial lending & may comprise of electronic communication. Lacuna: Copyright Act. In Authro Guild v.

Copyright 82

Copyright Contracts Copying Licensing 82

Technology & Marketing Law Blog

JANUARY 17, 2024

There was no question about the copying–the revised William Blair documents sloppily retained references to UIRC). Instead, it copied much of the language from the Idaho materials. Even if the verbatim copying qualifies as putative infringement, many republications are likely to be covered by fair use.

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Copyright Copying Copyright Infringement Editing 47

43(B)log

JUNE 26, 2023

16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. Although the court is quite careful, this does seem to be TM/market analysis creeping into copyright.] So they’re in the same online video market. A&E Television Networks, LLC v.

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Social Media Copying Fair Use Advertising 59

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. This prevented Signal 23 from marketing for ABOUT HIM in addition to seven or eight other shows it had available for purchase on Vimeo.

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Registration Fair Use Copyright Designs 114

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

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Copyright Copying Music Fair Use 59

Kluwer Copyright Blog

APRIL 25, 2023

Emulator programs are typically used in conjunction with ROM files, which contain data extracted from physical copies of video games. Until recently, these activities were largely ignored by rightholders as they were directed at older titles that were no longer being actively marketed.

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Copyright Copyright Infringement Fair Use Intellectual Property 54

SpicyIP

JULY 5, 2021

The present post discusses the (mis?)application The appellant sought a copy of a PhD Thesis titled “Studies on some nitrogen fixing genes of Azotobacter vinelandi” from Jamia Millia Islamia, a central university and public authority for the purposes of RTI Act. detailed progress reports, pre-Phd presentations, Viva voce etc).

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Patent Application Invention Confidentiality Copyright Law 131

IP and Legal Filings

APRIL 28, 2022

Tiffany filed the present application against Costco two months after it stopped using the “Tiffany” mark in the District Court for the Southern District of New York, alleging trademark infringement, counterfeiting false advertising among other things. In pursuance of this Costco filed the present appeal. Corp. , 287 F.2d

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IIPRD

AUGUST 11, 2023

INTRODUCTION [Image Sources: Tokyo National Museum] Manga can be best defined as sequential art presented with an illustrative narration of a story. Afterward, the second world war did pose an interruption in the steady growth but in turn, it scaled the manga market to a whole new different level in 1947.

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Art IP Intellectual Property Copyright 52