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

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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Fair Use Plagiarism Editing Copyright Infringement 210

Technology & Marketing Law Blog

DECEMBER 5, 2022

Case Citation : Digital Marketing Advisors v. Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. McCandless Group, LLC, 2022 WL 17403067 (C.D.

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Marketing Marketing Cease and Desist Fair Use 76

IPilogue

FEBRUARY 28, 2023

De Fontbrune held the position that the estate did not have the power to approve such use. At the request of De Fontbrune , in 1998, the police confiscated copies of Wofsy’s book, and De Fontbrune sued for copyright infringement. The plaintiffs argued that the book has a commercial purpose, which weighs against fair use.

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Fair Use Copyright Copyright Infringement Copyright Law 105

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. Under the fair use doctrine of the U.S.

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Copyright Infringement Copyright Fair Use Copying 52

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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Publishing Fair Use Marketing Marketing 142

TorrentFreak

APRIL 7, 2024

Fingerprint, Find, and Report New York-based tech company WebKyte recognizes the potential and has developed a technology that might be able to fill the gap one day. Several of these services have been listed in the USTR’s overview of notorious piracy markets. WebKyte is certainly not a newcomer to the copyright scene.

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Copying Copyright Infringement Fair Use Social Media 87

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

TorrentFreak

MAY 1, 2024

. “On information and belief, Microsoft and OpenAI are currently or will imminently commence making additional copies of the Publishers’ Works to train and/or fine-tune the next generation GPT-5 LLM,” the complaint adds. The plaintiffs cite various examples where ChatGPT allegedly links dubious news reporting to their newspapers.

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Copyright Infringement Copyright Publishing Copying 93

IPilogue

OCTOBER 12, 2022

Netflix also holds the position that Barlow and Bear “ copied liberally and nearly identically ” the elements of expression, dialogue, characters, and key plot points from Bridgerton. Ironically enough, if this case was filed in Bridgerton home territory, the UK, Barlow and Bear may attempt to use the defence of parody and pastiche.

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Intellectual Property Social Media Fair Use Music 105

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

43(B)log

AUGUST 9, 2024

Is this relevant to fair use? Satire involves using the same style to clothe different ideas; therefore it shouldn’t infringe (lack of substantial similarity as in the Greatest American Hero case; German case law; perhaps the jury’s reasoning in the Kat von D case). Writing ad copy, which authors need to sell their works.

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TorrentFreak

MAY 1, 2024

. “On information and belief, Microsoft and OpenAI are currently or will imminently commence making additional copies of the Publishers’ Works to train and/or fine-tune the next generation GPT-5 LLM,” the complaint adds. The plaintiffs cite various examples where ChatGPT allegedly links dubious news reporting to their newspapers.

Copyright Infringement 82

Copyright Infringement Copyright Publishing Copying 82

Technology & Marketing Law Blog

MARCH 6, 2022

” With respect to whether Babybus’ baby character infringed Moonbug’s baby, Babybus claimed that the alleged copying related to generic features found in nature. . Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

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Fair Use Cease and Desist Copying Copyright Infringement 98

Intepat

JANUARY 8, 2024

They argue that the AI chatbots created by OpenAI and Microsoft, like ChatGPT and Copilot, also copy the unique and distinctive style of the Times’ articles. The New York Times is claiming damages and an order to stop OpenAI and Microsoft from using any of its articles.

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Copyright Fair Use Derivative Work Intellectual Property 52

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. Are you sensing a pattern yet?)

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Fair Use Copying Television Social Media 96

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

Technology & Marketing Law Blog

AUGUST 8, 2021

Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use. The Crony graphic also doesn’t qualify for fair use: Nature of Use. ” Market Effect. ” Amount Taken.

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Fair Use Television Cease and Desist Copyright 131

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

IIPRD

JANUARY 8, 2023

Copyright infringement & fair use. To promote fair trade, which will contribute to economic and social development. Copyright is the inherent right of a creator, artist, composer or another creator to prevent the use of their work. One of these exceptions is the Fair Use Doctrine. These factors are.

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Fair Use Copyright Law Intellectual Property 52

Velocity of Content

MAY 1, 2024

Thus, it can be said that they have made complete and exact copies of everything they have ingested. In all cases, Gervais continued, copy right has balanced the rights of authors to determine the uses of—and be compensated for—their works with the ability of consumers to use works on fair and rea sonable terms.

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Fair Use Copying Licensing Copyright 52

Technology & Marketing Law Blog

JUNE 8, 2024

We usually get ours at the local farmers market.] June 26, 2019), report and recommendation adopted, No. Still, there should be many circumstances where descriptive fair use permits the defendant to use the term “Texas tamale” in the ad copy. Yum, and easily veganized. ” Say what?

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The IPKat

FEBRUARY 20, 2024

Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.

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Moral Rights Artwork Fair Use Copyright 73

BYU Copyright Blog

APRIL 12, 2021

The majority held in favor of Google's fair use defense to copyright infringement while Justice Thomas filed a dissenting opinion, joined by Justice Alito. We have previously reported on the extensive procedural history of the case as well as the oral arguments that were given before the Court late last year.In

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Fair Use Copying Copyright Marketing 52

TorrentFreak

SEPTEMBER 7, 2021

Triller said that the operators of the H3 Podcast “unlawfully uploaded, distributed, and publicly displayed” the fight in breach of its rights, causing damages in excess of $50,000,000 after the “unauthorized broadcast” was viewed a reported 1,000,000 times. Fair Use Defenses.

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Copyright Fair Use Copyright Infringement Copying 110

Technology & Marketing Law Blog

APRIL 29, 2023

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Day to Day Imports * Satirical Depiction in YouTube Video Gets Rough Treatment in Court * 512(f) Preempts Tortious Interference Claim–Copy Me That v. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

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Fair Use Cease and Desist Copyright Trademark 99

Kluwer Copyright Blog

OCTOBER 3, 2023

It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). 2000) (“ copying an entire work militates against a finding of fair use. ”).

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IPilogue

SEPTEMBER 29, 2021

The legal question at the center of the dispute is whether Warhol’s series is fair use of Goldsmith’s original photograph. A permissible derivative creation, or fair use, requires transformative changes made to the original. On the other hand, Warhol’s great commercial success was the choice of the market.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

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 court spends more time on its likelihood of confusion analysis.

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Blogging Social Media Television Fair Use 93

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Allegedly on behalf of Barrett, an SEO vendor sent DMCA takedown notices to Google, alleging that Source Capital had copied some of Barrett’s copyrighted material. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

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Fair Use Cease and Desist Copyright Ownership 65

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 78

The IPKat

MARCH 24, 2024

Horology is however a market steeped in history with its own unwritten rules and customs. It is famously a market where supply and demand is meticulously controlled by the big watchmakers and consciously kept misaligned. It is not enough for you to simply have the money to buy your long sought grail watch from the likes of F.P.

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IP Marketing Marketing Reporting 67

Technology & Marketing Law Blog

MARCH 15, 2022

Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Alper Automotive v.

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Copyright Fair Use Cease and Desist Litigation 128

TorrentFreak

MAY 8, 2023

Adjusted for inflation, imported Japanese N64s changed hands for the equivalent of $1,400 in today’s money; a copy of Super Mario 64? Imported into the gray market in Europe, US cartridges were cheaper than their Japanese counterparts. A snip at $165. An emulator reference, presumably.

Copying 116

Copying Copyright Licensing Fair Use 116

Technology & Marketing Law Blog

AUGUST 16, 2023

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Day to Day Imports * Satirical Depiction in YouTube Video Gets Rough Treatment in Court * 512(f) Preempts Tortious Interference Claim–Copy Me That v. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

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Ownership Cease and Desist Fair Use Copyright 64

Technology & Marketing Law Blog

OCTOBER 4, 2022

Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Alper Automotive v.

Cease and Desist 87

Cease and Desist Fair Use Copyright Blogging 87

BYU Copyright Blog

JULY 12, 2021

Since we last reported on this case (in May of 2020), the Court of Appeals for the Ninth Circuit has issued its opinion on the matter, concluding that ComicMix, LLC ("ComicMix") cannot successfully claim a fair use defense against claims of copyright infringement by Dr. Seuss Enterprises ("Seuss").

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