IP and Legal Filings

FEBRUARY 17, 2022

The underlying reason for this differing level of protection is that fictional character parallels are typically less definite than those of graphic figures. THE DOCTRINE OF FAIR USE. The theory is codified in Section 107 of the Copyright Act, which states that four non-exclusive reasons must be considered.

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Fair Use Copyright Television Copying 94

TorrentFreak

MARCH 21, 2023

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Mass Copyright Infringement or Fair Use? As such, they want it permanently taken down.

Publishing 145

Publishing Copyright Fair Use Copyright Infringement 145

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.

Fair Use 105

Fair Use Copyright Copyright Infringement Copyright Law 105

SpicyIP

FEBRUARY 17, 2025

The Court has granted summary judgment in respect of 2,830 headnotes belonging to Thomson Reuters and admittedly used by Ross Intelligence to train its Natural Language Processing and Artificial Enabled Legal Research tool, finding Direct Copyright Infringement and rejecting fair use. But, first, Some History!

Copying 68

Copying Fair Use Copyright Copyright Law 68

Copyright Lately

SEPTEMBER 29, 2024

Atari’s copyright infringement lawsuit against State Farm advances, underscoring the importance of careful clearance in advertising. On Friday, a Texas federal judge dismissed much of the case but kept Atari’s core copyright infringement claim in play.

Fair Use 109

Fair Use Copyright Artwork Social Media 109

TorrentFreak

APRIL 5, 2023

Fans loved ‘re3’ and ‘reVC’ but Take-Two and Rockstar Games most definitely did not. Take-Two Files Copyright Lawsuit In September 2021, Take-Two filed a lawsuit against the programmers, claiming that the aim of the projects was to create and distribute pirated versions of GTA 3 and Vice City.

Copyright Infringement 145

Copyright Infringement Settlement Reporting Fair Use 145

Technology & Marketing Law Blog

APRIL 6, 2022

While the definition of “Platform” includes “content,” it doesn’t appear to contain “User Content.”. Fair use is also an issue best left for trial : Newsweek also argued fair use. In-Line Linking May Be Copyright Infringement–Goldman v. Breitbart News. Ninth Circuit Opinion in Perfect 10 v.

Licensing 133

Licensing Fair Use Blogging Copyright 133

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. Definition. Code, section 107.

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Fair Use Copyright Law Copyright Law 52

JIPL Online

APRIL 9, 2021

In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale. 1, 2013), [link].

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

TorrentFreak

JUNE 14, 2022

In the summer of 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House filed a copyright infringement lawsuit against Internet Archive (IA). By definition, any lending is controlled and the library simply provides a digital alternative to physical libraries. Publishers: IA’s Use is Not Fair.

Publishing 135

Publishing Fair Use Copying Editing 135

IPilogue

JULY 18, 2022

Last year, Andy Warhol lost an infamous copyright infringement lawsuit against photographer Lynn Goldsmith regarding an image of the pop singer Prince. Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use.

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Copyright Law Copyright Law Art 111

Technology & Marketing Law Blog

SEPTEMBER 18, 2021

In a weird turn, the plaintiffs only pursued a contributory copyright infringement theory against Instagram, where the incorporating websites are the direct infringers and Instagram facilitates their infringement. In-Line Linking May Be Copyright Infringement–Goldman v. Breitbart News. Google and Amazon.

Copyright 126

Copyright Copyright Infringement Social Media Licensing 126

TorrentFreak

DECEMBER 10, 2021

In short, Defendants seek to capitalize, unilaterally, on Miramax’s rights to Pulp Fiction,” Miramax wrote , demanding damages for breach of contract, copyright infringement and trademark infringement. Taratino Fires Back. As expected, Tarantino isn’t backing down. ” Addressing the Allegations.

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Non-Fungible Tokens Cinema Contracts Fair Use 138

Velocity of Content

AUGUST 9, 2022

She brought suit for copyright infringement, lost at the trial court because of the Warhol estate’s fair use defense but won on appeal to the Second Circuit. First, there are not that many Supreme Court cases that address fair use. Why would the Supreme Court take up another fair use case so quickly?

Fair Use 98

Fair Use Licensing Derivative Work Art 98

TorrentFreak

AUGUST 13, 2023

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Mass Copyright Infringement or Fair Use? The Internet Archive has no such license.

Publishing 98

Publishing Copyright Copyright Infringement Copying 98

IP and Legal Filings

JANUARY 13, 2023

Copyright infringement and De Minimis are often replaced to complement each other. However, de minimis is sometimes used as a defence in a copyright lawsuit. More often than not, the lawsuits filed for copyright infringement are cases of de minimis and thereto, get dismissed on the anvil of frivolity.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

IP and Legal Filings

JUNE 29, 2024

Copyright laws also provide plausible remedies for enforcing one’s right to personality. Ramkumar Jewellers , wherein it was held that an individual should be able to control the circumstances around the use of their identification. [8] This usually applies in cases of news, parody, commentary, non-commercial use etc.

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

Kluwer Copyright Blog

OCTOBER 3, 2023

The Common Crawl dataset is owned by a non-profit, which makes the data available to the public for free — but it is intended to be used for research and education and, according to the plaintiffs, it was never intended to be turned into an AI product for commercial use (see here and here ). 4th 1149 (9th Cir. 3d 723, 743 (9th Cir.

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Fair Use Privacy Copyright Technology 137

Intepat

DECEMBER 25, 2024

In India, Section 2(o) of the Copyright Act, 1957 includes computer databases within the category of literary works, thereby offering copyright protection to databases that demonstrate originality in their selection, arrangement, or structure.

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Copyright Intellectual Property Copyright Law Fair Use 52

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright 138

Copyright Copyright Law Fair Use Law 138

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? I predict a cease and desist letter”; “I WILL DEFINITELY BE CONTACTING NICKOLODEON TO ASK IF THIS GHETTO PLACE HAVE THE RIGHTS.”.

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Blogging Social Media Television Fair Use 111

Technology & Marketing Law Blog

OCTOBER 17, 2023

Greer sued Moon and Kiwi Farms for contributory copyright infringement and other claims. The district court dismissed the contributory claim because the defendants didn’t materially contribute to the infringement. Direct Infringement. Knowledge of Infringement. The appellate court revives the claim.

Copyright Law 115

Copyright Law Copyright Law Copyright Infringement 115

Kashishipr

JUNE 9, 2021

If the music that is streamed is not licensed out, then does it amount to Copyright Infringement ? Although customers may have easy and legal access to music than before, how true is it in India? The same was the focal point of contention between both parties during the succeeding hearings.

Music 98

Music Licensing Television Copyright Infringement 98

Velocity of Content

MARCH 16, 2023

I speculated that this was an attempt to avoid a messy fair use dispute. As I also mentioned, Microsoft’s lawyers seem to think that fair use excuses copying for AI purposes everywhere, so I would expect Microsoft to try that defense here, given its lack of other arguments. is being used as code.

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Litigation Fair Use Copying Derivative Work 98

43(B)log

MAY 19, 2023

Roblox sued for copyright infringement, false advertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and false advertising and unfair competition under California law.

Copying 94

Copying False Advertising Social Media Advertising 94

Kluwer Copyright Blog

FEBRUARY 20, 2023

There are currently at least three lawsuits (two in the US (see here and here ) and one in the UK (see here )) alleging that training generative ML models on publicly available works is copyright infringement. The future of copyright? New forms of collective action?

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Copyright Fair Use Publishing Law 111

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? Inputs When it comes to potentially infringing actions committed by the developers of AI tools, the most likely candidate is the initial scraping (i.e.

Derivative Work 113

Derivative Work Art Copying Fair Use 113

Kluwer Copyright Blog

JANUARY 9, 2023

Goldsmith: The Supreme Court Revisits Transformative Fair Uses by Pamela Samuelson. Supreme Court ruled that Campbell’s creation of a rap parody version of a popular Roy Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message.

Blogging 95

Blogging Copyright Fair Use Reporting 95

Technology & Marketing Law Blog

SEPTEMBER 23, 2022

ShutterStock pre-reviews contributor-uploaded photos for image quality, “obvious” copyright infringement, and hate speech/pornography before they are made available for licensing. “Defendant also has implemented a policy for repeat infringers that complies with the DMCA. Service Provider. See, e.g., Harbus v.

Licensing 111

Licensing Copying Blogging Copyright 111

Intepat

JANUARY 8, 2024

The New York Times holds exclusive rights granted by Section 106, encompassing reproduction, derivative works, distribution, public performance, and public display of their copyrighted material. However, the court would need to assess the four fair use factors to determine the legitimacy of this claim.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

Kluwer Copyright Blog

DECEMBER 17, 2023

The overreliance on fair dealing, I argue, inadvertently expands the scope of copyright law and harms the public domain. Note: Fair dealing and fair use are construed to be conceptually different , the former being limited to an exhaustive list and the latter being open. What Fuels Faith in the First Place?

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Fair Use Public Domain Copyright Litigation 64

Technology & Marketing Law Blog

MARCH 29, 2023

and that the DMCA claim and attorney’s fee claims would be dropped, leaving only the copyright infringement claim.” The CCB in the Final Determination sidesteps that issue, and looks to Prutton’s two defenses: fair use and unclean hands. The citations for the basics of fair use do come from 9th circuit cases.

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Blogging Fair Use Copyright Copyright Notice 105

LexBlog IP

NOVEMBER 28, 2023

Meme Culture Meets Copyright Law: A Guide for Businesses & Creators Memes, often humorous media fragments that spread rapidly through online sharing, are a global phenomenon that have made their way into mainstream culture. So ubiquitous are they in cultural parlance that a definition for them is barely necessary here. Yes and no.

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Fair Use Intellectual Property Settlement Business 52

IP and Legal Filings

NOVEMBER 22, 2022

From British courts, the terminology ‘fair dealing’ finds its presence in copyright provisions of colonies. When it was adopted by US Courts, they changed its terminology to ‘fair use’. Thus, a flexible and liberal approach needs to be adopted like that of the U.S. SUGGESTIONS.

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Fair Use Copyright Law Intellectual Property 52

Trademark and Copyright Law Blog

APRIL 21, 2021

This dispute concerned Google’s use of Oracle’s “declaring code” – software that provides a list of functions and definitions that specify the parameters of application program interfaces (APIs) – in Google’s Android operating system. Declaring Code Not “at the Core of Copyright”.

Copying 40

Copying Fair Use Copyright Marketing 40

TorrentFreak

AUGUST 4, 2023

June 2022 marked the end of a legal battle that despite modest roots, went on to become one of the most interesting copyright cases in recent years. After paying just $47, a shadowy business entity hoped to obtain a DMCA subpoena that would compel Twitter to hand over the personal details of an alleged copyright infringer.

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Copyright Privacy IP Copying 98

SpicyIP

AUGUST 6, 2024

Free access to AI voice cloning technologies has definitely caused a ruckus across jurisdictions, with its improper use ranging from politics to entertainment to crime. These technologies, capable of accurately replicating voices with 95% accuracy in multiple languages and accents, have been misused more often than put to good use.

Personality Rights 110

Personality Rights Moral Rights Technology Copying 110