SpicyIP

DECEMBER 6, 2023

2(c), the fair use exemption thereof under Sec. 52(1)(t); and (ii) if yes, whether the proviso of the same or ‘fixation requirement’ excludes it from the scope of fair use. Lastly, I will discuss the argument of moral rights of the author in contending the ‘fair use exemption’ of their work.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

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

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.

Fair Use 52

Fair Use Copyright Copying Designs 52

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.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 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.

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

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

LexBlog IP

MAY 24, 2023

Goldsmith , Opinion located here , the estate of deceased pop artist Andy Warhol argued its use of the photo at issue was fair use under the first of the four Fair Use test factors (the “purpose and character of the use”), because Warhol’s contributions were transformative, adding new expression, meaning, or message.

Fair Use 40

Fair Use Copyright Licensing Copying 40

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Ownership of copyright in the lectures presented by the speakers. ” As a result, copyright in the lectures/speeches presented in webinars belongs to the presenters, not the organizers/employers. As a result, the presenters of a webinar’s lecture have the unique right to produce a visual recording.

Fair Use 52

Fair Use Ownership Copyright Licensing 52

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

Fair Use 52

Fair Use Art Licensing Derivative Work 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.

Plagiarism 122

Plagiarism Fair Use Copying Copyright Infringement 122

SpicyIP

DECEMBER 20, 2023

So, before 2023 turns into yesteryear, let’s see what the past Novembers on SpicyIP (2005 to present) have offered. Around a decade ago, Google was caught in some similar controversy over its Google Books Library Project where its use was held permissible under fair use. Feels like history is repeating itself.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Plagiarism Today

SEPTEMBER 15, 2021

In the lawsuit, Pearson alleges that Chegg, through the use of thousands of freelancers, provides answers to questions found in textbooks it publishes and, in doing so, often copies the question verbatim or with slight paraphrasing. Not Covered by Copyright: This is a likely argument where just the answers are presented.

Copyright Infringement 249

Copyright Infringement Copyright Derivative Work Fair Use 249

TorrentFreak

MAY 27, 2024

At the same time, however, the AI revolution presents the semiconductor giant with new legal challenges. This claim isn’t far-fetched, since NVIDIA publicly stated that it used EleutherAI’s ‘The Pile’ dataset, which includes Books3. The company admits that it used “The Pile” dataset for training purposes.

Copyright Infringement 107

Copyright Infringement Copyright Fair Use Copying 107

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.

Copyright 98

Copyright Fair Use Journalism Publishing 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. However, the U.S.

Fair Use 135

Fair Use Copyright Moral Rights Copyright Law 135

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.

Fair Use 52

Fair Use Copying Licensing Copyright 52

The IP Law Blog

SEPTEMBER 30, 2022

Using a copyrighted song, or portion of a song, in a presentation, at an event, on your website, or on social media. Modifying an image or photo and using it in a presentation, brochure, on your website, or on social media. Making a copy of a video or audio recording. That is not the case.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

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.

Fair Use 112

Fair Use Copying Licensing Copyright 112

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.

Copyright Infringement 141

Copyright Infringement Fair Use Copyright Journalism 141

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.

Fair Use 103

Fair Use Social Media Copyright Copyright Infringement 103

IP and Legal Filings

MAY 3, 2024

Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. Understanding legal and fair use is especially important in academic settings because dissemination of information often requires the use of evidence.

Fair Use 96

Fair Use Copyright Privacy Copying 96

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.

Fair Use 103

Fair Use Copying Copyright Publishing 103

LexBlog IP

NOVEMBER 17, 2023

They allege that Anthropic copies Plaintiffs’ copyrighted song lyrics and its AI chatbot, Claude, then generates those lyrics in response to user prompts—all without a license. The ruling focused on one question: whether the first factor in a fair use analysis, the purpose and character of the use, barred Goldsmith’s claim.

Music 52

Music Copyright Infringement Publishing Copyright 52

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. Many Internet pundits have interpreted Oracle v.

Copyright 98

Copyright Fair Use Copying Public Domain 98

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.

Copyright 81

Copyright Copying Publishing Cinema 81

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.

Fair Use 87

Fair Use Licensing Ownership Copying 87

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]

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

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?

Copyright 117

Copyright Artwork Moral Rights Non-Fungible Tokens 117

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.

Fair Use 96

Fair Use Copying Television Social Media 96

The IP Law Blog

JANUARY 19, 2023

In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. We’ll start with Andy Warhol Foundation v.

Copyright 97

Copyright Trademark Fair Use Contracts 97

TorrentFreak

MAY 24, 2022

Terms such as DMCA, copyright strike and fair use are now regular features in YouTube content creator communities but that hasn’t necessarily led to fewer infringements or happier rightsholders. These heavily edited copies of mainstream movies aim to summarize key plot lines via voice-over narration in about 10 minutes.

Editing 140

Editing Copyright Television Copyright Law 140

Kluwer Copyright Blog

NOVEMBER 15, 2022

Recent appellate decisions in the United States have recognized expanded grounds for personal jurisdiction in cases of internet-based copyright infringements; divided on the extent to which the three-year statute of limitations limits damage recoveries; and increased the occasions for motions to dismiss on the ground of fair use.

Copyright 58

Copyright Fair Use Copyright Infringement Ownership 58

Patently-O

OCTOBER 11, 2022

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. by Dennis Crouch. Goldsmith , Docket No. 21-869 (2022).

Fair Use 134

Fair Use Copyright Derivative Work Art 134

The IPKat

APRIL 3, 2023

Selected key innovations of the Copyright Act 2022 The official copy of the Copyright Act 2022 will be published in due course in the Official Gazette. Pending publication, the pre-assent copy of the Act can be accessed here. How can libraries in Nigeria benefit from the Copyright Act 2022?

Copyright 124

Copyright Intellectual Property Fair Use Copyright Law 124

Intepat

JANUARY 25, 2024

This analysis aims to provide a comprehensive understanding of how these technologies defend creators’ rights while raising important questions regarding consumer access and fair use. DRM systems are sophisticated technologies that content providers use to govern how their digital media is used and disseminated.

Technology 52

Technology Copyright Fair Use Intellectual Property 52

LexBlog IP

SEPTEMBER 30, 2022

Using a copyrighted song, or portion of a song, in a presentation, at an event, on your website, or on social media. Modifying an image or photo and using it in a presentation, brochure, on your website, or on social media. Making a copy of a video or audio recording. That is not the case.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

Plagiarism Today

APRIL 4, 2022

In some types of programming, especially when there’s only one correct way to do something, copying code isn’t just a shortcut, it’s the norm. Many lawyers also copy and paste heavily in the legal documents in a bid to meet the criteria there. The most significant difference between is that copyright is a function of the law.

Plagiarism 256

Plagiarism Social Media Contracts Copying 256