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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Publishing Fair Use Marketing Marketing 143

TorrentFreak

FEBRUARY 20, 2022

Depending on opinion, the Watch Tower Bible and Tract Society, the supervising body and publisher for the Jehovah’s Witness religious group, either doesn’t like criticism, dislikes copyright infringement, or hates both. ” Fair Use Considerations. Overall then, the first factor weighs in favor of fair use.

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Fair Use Copyright Infringement Copyright Publishing 108

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.

Music 87

Music Copyright Fair Use Copying 87

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.

Fair Use 89

Fair Use Social Media Licensing Marketing 89

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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Fair Use Copying Copyright Marketing 52

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.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

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.

Publishing 145

Publishing Fair Use Copyright Infringement Copyright 145

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.

Copyright 118

Copyright Fair Use Publishing Marketing 118

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. 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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Fair Use Derivative Work Copyright Law Art 52

SpicyIP

JUNE 26, 2024

Data published by the World Blind Union in 2014 indicated that less than 10% of published material was available in accessible format for persons with visual impairment, and most such material was only available in English, thereby leading to a ‘book famine’.

Copyright 81

Copyright Copying Publishing Cinema 81

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 124

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.

Copyright 116

Copyright Fair Use Copyright Law Copyright Notice 116

Velocity of Content

MAY 22, 2024

While there are many models of collective licensing , they all serve the same purpose: namely to reduce market inefficiencies where users require a large number of licenses from multiple rightsholders but where the non-standardized terms of use, individual transaction costs, and resources needed make direct licensing challenging.

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Licensing Editing Copyright Fair Use 52

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. Do I need permissions if I adapt a figure?

Copyright 98

Copyright Fair Use Journalism Publishing 98

TorrentFreak

MAY 1, 2024

“Defendants are taking the Publishers’ work with impunity and are using the Publishers’ journalism to create GenAI products that undermine the Publishers’ core businesses by retransmitting ‘their content’—in some cases verbatim from the Publishers’ paywalled websites—to their readers.”

Copyright Infringement 98

Copyright Infringement Copyright Publishing Copying 98

IPilogue

FEBRUARY 28, 2023

16,000 photographs taken by Christian Zervos, with added creative elements through deliberate choices of lighting, lens filters and framing, were published in Zervos Catalogue in 1932. In 1991, Wofsy, with permission from Picasso’s estate , published De Fontrbrune’s images in “The Picasso Project”.

Fair Use 105

Fair Use Copyright Copyright Infringement Copyright Law 105

TorrentFreak

MAY 1, 2024

“Defendants are taking the Publishers’ work with impunity and are using the Publishers’ journalism to create GenAI products that undermine the Publishers’ core businesses by retransmitting ‘their content’—in some cases verbatim from the Publishers’ paywalled websites—to their readers.”

Copyright Infringement 86

Copyright Infringement Copyright Publishing Copying 86

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. Publisher/Speaker Claim. Nevertheless, the registration is worthless because Newman qualifies for fair use. ” Nature of Use.

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Fair Use Copying Copyright Publishing 105

Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

Copyright 78

Copyright Fair Use Social Media Artwork 78

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.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

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. But he eventually reversed his own position.

Fair Use 136

Fair Use Copyright Moral Rights Copyright Law 136

LexBlog IP

JULY 24, 2023

Silverman, Kadrey, and Golden allege that Meta and OpenAI used copies of the authors’ books without their permission by copying illegal online “shadow libraries” that contain the texts of thousands of books. Under the fair use doctrine of the U.S.

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Copying 52

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.

Publishing 135

Publishing Licensing Copyright Copying 135

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

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. Market Effect. ” That sends the issue to the jury.

Copyright 143

Copyright Social Media Fair Use Licensing 143

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. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. Goldsmith , 598 S.

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Fair Use Licensing Music Art 105

Technology & Marketing Law Blog

JULY 5, 2022

” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ). Nature of the use. The photos were already published, which weighs in favor of fair use. ” This also weighs in favor of fair use (?).

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Fair Use Plagiarism Copyright Marketing 97

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.

Blogging 136

Blogging Fair Use Copyright Infringement Copyright 136

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.] For my thoughts about self-publishing an ebook casebook, see this article. Note About Fair Use.

Editing 145

Editing Law Privacy Contracts 145

Technology & Marketing Law Blog

OCTOBER 17, 2023

He self-published a book about the experience (“ Why I Sued Taylor Swift and How I Became Falsely Known as Frivolous, Litigious and Crazy “). “Kiwi Farms users provided a Google Drive link to a full copy of Mr. Greer’s book.” The court says the defendants waived any fair use defense by briefing it inadequately.

Copyright Law 97

Copyright Law Copyright Law Copyright Infringement 97

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.

Fair Use 78

Fair Use Copyright Copying Publishing 78

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.

Copyright 90

Copyright Licensing Higher Education Copying 90

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.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Law Fair Use 98

SpicyIP

OCTOBER 8, 2023

Or is it balancing the rights and interests of Publishers vis à vis commons-based discourse? 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. 52(1)(i) is not subject to four-factor test of fairness.

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Fair Use Copyright Copying Publishing 59

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.

Copyright 82

Copyright Contracts Copying Licensing 82

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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