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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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 98

TorrentFreak

AUGUST 17, 2024

Like many other AI companies, it believes that the use of copyrighted data for AI training is a prime example of fair use; especially when the output of the model doesn’t reproduce copyrighted works. That qualifies as fair use, they state. Second, whether making copies of the books is fair use.

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Copyright Fair Use Copyright Infringement Copying 128

Intepat

DECEMBER 18, 2024

This principle is key for podcasters, as it means that if Podcaster A accuses Podcaster B of copying their interview format, the claim would likely fail because formats and factual content are not copyrightable. Additionally, if the use does not harm the market value of the original work, it is more likely to be considered fair use.

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Licensing Copyright Public Domain Music 52

JIPL Online

MARCH 15, 2021

2] While most Sherlock Holmes stories are now in the public domain, the estate alleged that some works and character elements regarding Sherlock Holmes are still protected by copyright. [3] 18] Netflix admitted it had access to and copied the memoir. [19] 18] Netflix admitted it had access to and copied the memoir. [19]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

IP Close Up

DECEMBER 20, 2022

He is also on a mission to keep the content he and others create out of the public domain. Mark Helprin is a successful novelist. Continue reading.

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Public Domain Trademark Copyright Fair Use 109

IP Intelligence

SEPTEMBER 20, 2023

If restrictions are placed on the fair use defense and/or a compulsory licensing regime implemented for models that used copyrighted content, such restrictions might apply to computer vision models that enable surgical robotics and autonomous vehicles. AI authorship rules apply regardless of the nature of the claimant.

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Fair Use Public Domain Copyright Ownership 111

TorrentFreak

DECEMBER 21, 2022

Opponents of filtering technology warn that fair use and First Amendment rights are at stake. Rightsholders did not dispute that but noted that these issues don’t play a role when full copies of copyrighted content are shared. Tweaking the DMCA.

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Copyright Fair Use Public Domain Government 145

Copyright Lately

SEPTEMBER 8, 2024

Internet Archive (read the opinion here) , the court dealt a decisive blow to the Internet Archive, ruling that its practice of scanning and lending digital copies of books doesn’t qualify as fair use under the Copyright Act. When the electronic book is “checked out,” the physical copy is removed from circulation.

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Velocity of Content

OCTOBER 19, 2021

wrote into the statute) the well-known four fair use factors which provide guidance for assessing whether, in cases of alleged infringement, an unauthorized use ought to be considered a fair use. One section of the new law, Section 107, codified (i.e.,

Copyright 105

Copyright Law Fair Use Public Domain 105

Kashishipr

MAY 25, 2021

It may not always prevent unauthorized copying; however, it may serve as a public notice by securing a public record in one’s favor. Blogging and Fair Use. The doctrine of fair use bears substantial importance for blogs since the question of plagiarism may sprout up at regular intervals.

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Intellectual Property Blogging Fair Use Registration 98

Copyright Lately

APRIL 3, 2023

The future of “controlled digital lending” is in doubt after a court rules that the Internet Archive’s online library is not protected by fair use. When the electronic version is “checked out,” the physical copy is taken out of circulation. ” What is Controlled Digital Lending?

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Fair Use Copying Publishing Copyright 75

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

IPilogue

SEPTEMBER 9, 2022

The real-life tax company “Liberty Tax” claims that the show copied its logo and style, including the Statue of Liberty, which is a frequent identifier of the company. Netflix eventually settled with Chooseco in late 2020 after unsuccessfully arguing on grounds related to trademark law and fair use allowances. .

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Trademark Public Domain Television Fair Use 105

Velocity of Content

DECEMBER 6, 2023

Significant amounts of content are also available through the public domain. Under what circumstances would the unauthorized use of copyrighted works to train AI models constitute fair use? law has no specific rules governing the use of copyrighted materials to train AI. TVEyes, Inc., 3d 169 (2d Cir.

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Copyright Fair Use Licensing Copying 98

Copyright Lately

JANUARY 13, 2023

Shortly after his “I Have a Dream” speech was delivered in August 1963, King moved for a preliminary injunction preventing record companies from selling copies of the speech. CBS brought a summary judgment motion to establish that the speech was in the public domain. The defendants, Mister Maestro, Inc.

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Copyright Public Domain Copyright Notice Copying 97

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. Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

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Registration Fair Use Copyright Designs 132

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!

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Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. You can judge for yourself by downloading a copy of “Jap Herron” here. This prompted a lawsuit by Don Post Studios, which asserted that the Cinema Secrets mask was a copy of its own mask.

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Copyright Cinema Copying Copyright Infringement 145

Copyright Lately

AUGUST 2, 2022

While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. The Musical Parody ,” “The Unofficial Bridgerton Musical” isn’t the type of parody musical that courts have often found to be fair use under the Copyright Act.

Music 109

Music Derivative Work Fair Use Cease and Desist 109

Kluwer Copyright Blog

DECEMBER 17, 2023

For the last few months, I have been wondering if our belief in “fair dealing” (or broadly, “limitations and exceptions”) has silently slipped into our “faith” in it – a faith that demands complete surrender to it while blinding us to the harm it covertly causes to the public domain. What Fuels Faith in the First Place?

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Fair Use Public Domain Copyright Litigation 64

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.

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Blogging Copyright Contracts Cease and Desist 98

Velocity of Content

AUGUST 13, 2024

Exceptions include materials in the public domain such as documents and materials the U.S. Consideration of how the TEACH Act and exceptions like fair use apply to the use and distribution of copyrighted materials in the classroom and in online education. Unfortunately, this can be a difficult task.

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Copyright Public Domain Fair Use Licensing 52

Biswajit Sarkar Copyright Blog

JULY 19, 2022

A person authorises the use of the space for the transmission, sale, distribution, or display of an unauthorised work unless they know or have good reason to suspect that doing so will result in a copyright violation. With today’s technology, it is very simple to copy and share the original works of other people.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

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. million lines of code).

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Copyright Fair Use Copying Public Domain 52

IIPRD

SEPTEMBER 29, 2022

Copyright is essentially a right to copy. It’s an intellectual property, if an individual owns the copyright to something, then he’s the only owner of it and also the decider that who can copy it. A standard myth about the Internet is that anything posted online can be copied or downloaded. Image source:Gettyimages].

Copyright 52

Copyright Intellectual Property Copying Music 52

Velocity of Content

JANUARY 15, 2025

Internal Use Cases That May Require Licensing Internal reuse of copyrighted content by data scientists may seem benign, but it can still potentially infringe on the rights of the copyright holder. Here are some common examples, and why they could be potentially infringing: Sharing copies of a scientific article with colleagues on your team.

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Licensing Copyright Copyright Law Copying 52

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.

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Ownership Copyright Fair Use Intellectual Property 52

SpicyIP

NOVEMBER 10, 2023

Therefore, takedown orders cannot be directed against infringing copy of content hosted on OTT platforms. A complaint has to be filed by the copyright owner or member of the public. This could lead to a regime where each intermediary has to pre-screen the content being uploaded as to whether it is an infringing copy or not.

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Copying Copyright Copyright Infringement Fair Use 52

43(B)log

AUGUST 3, 2023

Michael Carroll (w/ Peter Jaszi), Fair Use After Google and Warhol Codification is a big deal; clarifies that fair use is a distinct doctrine, whereas well into 20th century courts were using it as noninfringement. Courts weren’t using four factors before that. A: we have to give meaning to the verbiage.

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Fair Use Copyright Derivative Work Marketing 40

43(B)log

FEBRUARY 22, 2022

Designed to be freely available licensed or public domain; we occasionally use fair use images where no free image is available, such as when a famous work has been destroyed. So the tradeoff is not just are you big enough to justify using these measures but also these measures have serious costs to creators.

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Copyright Fair Use Music Licensing 45

43(B)log

FEBRUARY 4, 2023

Have Black musicians been able to use copyright litigation to push back against cross-racial appropriation (Three Boys), is it equal (Campbell v. Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license. Identifying race of plaintiffs: didn’t prove that difficult; most figures are public.

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Copyright Editing Settlement Music 49

43(B)log

DECEMBER 20, 2022

The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. Right of publicity and unjust enrichment claims were preempted.

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Fair Use Trademark Copyright Editing 52

43(B)log

FEBRUARY 19, 2022

While Rogers rejected any consideration of whether the speaker had adequate alternatives to using the plaintiff’s trademark because speakers are entitled to choose their own ways of speaking, the religious cases embrace the concept of adequate alternatives. Colleen Chien: describing community norms would be useful. What to do next?

Trademark Law 72

Trademark Law Trademark Art Brands 72

Biswajit Sarkar Copyright Blog

FEBRUARY 5, 2025

Record labels argue that AI developers infringe on copyright when using their catalog for training without authorization. Digital Millennium Copyright Act (DMCA): This law protects against unauthorized digital copying and distribution. However, the extent to which AI training qualifies as fair use remains contentious.

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Copyright Fair Use Music Intellectual Property 52

IIPRD

MARCH 5, 2025

Previously, the book used to be seen in the name of the program emcee, but now, it is the opposite of that trend in America, where stricter regulations would appear to come into play. Who owns the right to copy-authors, the programmer, the user, or the transmitter commissioning the work?

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Copyright Intellectual Property Copyright Law Artwork 52

Velocity of Content

JANUARY 22, 2025

As noted in the paper, Generative AI’s Illusory Case for Fair Use , The use of anthropomorphic language to describe the development and functioning of AI models is distorting because it suggests that once trained, the model operates independently of the content of the works on which it has trained.”

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Copyright Law Copyright Business Copying 52