Kluwer Copyright Blog

MAY 9, 2022

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. have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement.

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Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

Often such audience, who can easily access any photograph, use these photographs after making certain modifications to them through photo-editing software like Photoshop, Adobe and many other photo modification tools. Thus, the question arises if such use attracts copyright infringement.

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JIPL Online

MARCH 15, 2021

With more content comes the increased possibility that Netflix is engaging in copyright infringement and on the receiving end of copyright infringement claims. [1] 1] This blog will briefly summarize a few of the notable copyright infringement cases Netflix has defended against in the United States.

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TorrentFreak

FEBRUARY 23, 2022

. “In 2021, Reddit received 177,450 copyright notices reporting 920,672 pieces of content. We removed 665,898 pieces of content in response to these takedown notices,” the company reveals in the latest edition of its transparency report. under the doctrine of fair use.

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SpicyIP

MARCH 29, 2025

Our judges for this edition were Prof. (Dr.) In doing so, the essay highlights the paradoxical stance of companies on training other ML systems using the output generated by their own ML systems and discusses the copyrightability of ML system-generated output, if any. Patel (Retd.) click here for their bios).

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TorrentFreak

APRIL 23, 2024

Lawsuit and Appeal Internet Archive believes that its approach falls under fair use but publishers Hachette, HarperCollins, John Wiley, and Penguin Random House disagree. They filed a lawsuit in 2020 equating IA’s controlled digital lending operation to copyright infringement.

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TorrentFreak

MARCH 25, 2024

Publishers Hachette, HarperCollins, John Wiley, and Penguin Random House filed a lawsuit, equating IA’s controlled digital lending (CDL) operation to copyright infringement. Earlier this year a New York federal court concluded that the library is indeed liable for copyright infringement.

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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). “The only issue is whether Internet Archive’s massive infringement scheme is fair use under 17 U.S.C. § Publishers: IA’s Use is Not Fair.

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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. The key aspects of a podcast that are covered by copyright include: 1.Music: Also, in the Indian Musicians Association v.

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TorrentFreak

JANUARY 17, 2024

is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. ” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Live Crew used it anyway. .” Campbell v.

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SpicyIP

FEBRUARY 28, 2025

In this light, I focus on: one , the relevance of copyright law for live broadcasting and streaming platforms; and two , the utility of digital rights management (DRM) and strong policy frameworks in safeguarding broadcasters and copyright owners. Copyright Infringement by Streaming Platforms: How does IPTV Smarters work?

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Technology & Marketing Law Blog

SEPTEMBER 29, 2024

Videogames featured Orton and his tattoos, and Alexander sued for copyright infringement. The denial of fair use stands, but the damages get zeroed out. Fair Use Nature of Use “Defendants’ use of the tattoos was clearly commercial.” Alexander inked 6 tattoos on wrestler Randy Orton.

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SpicyIP

MARCH 1, 2025

In light of Amazon’s decision to disable the ‘Download or Transfer via USB’ feature from their Kindle devices, Arnav Kaman discusses DRMs/TPMs, the rights of the user, what users can do with their ebooks within the fair use doctrine, and the future of ebooks in this guest post.

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Copyright Lately

JULY 15, 2024

The Beastie Boys filed a copyright infringement lawsuit against Chili’s over a ‘Sabotage’ parody, but is it a case of mistaken identity? By now, you’ve probably heard about the copyright infringement and false endorsement lawsuit filed by legendary hip-hop group Beastie Boys against Chili’s Grill & Bar.

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SpicyIP

OCTOBER 9, 2024

Discussing the decision of the US Court of Appeals for the Second Circuit in Hachette Book Group v. Internet Archive, our fellowship applicant Tanishka Goswami explains the implication of the decision on fair use. She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws.

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Velocity of Content

MAY 22, 2024

In other words, “license or risk losing” is a significant consideration for rightsholders in the US and other countries. We do not decide how the fair use balance would be resolved if a photocopying license for Catalysis articles were not currently available.”

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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.

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Kluwer Copyright Blog

APRIL 22, 2024

Furthermore, it is debatable whether the creation of NFTs can be considered “fair use”, since (i) this generates a “new” public and a new “digital” market for artworks that, to date, only existed in the real world and (ii) it deprives de facto copyright holders of a potential source of income.

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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. On September 4, the Second Circuit affirmed. For research. Also: consent, amiright?

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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.

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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. Instead, IA argued that its conduct was protected by fair use. A New York federal judge has ruled in favor of four leading U.S.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

Text and data mining There is wide disparity in the scope of exceptions in national copyright laws permitting copying for the use of training AI. The issue of works in the style of artists may arise in the US class action against Stability AI and others, but under the more general US exception of fair use.)

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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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Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. Question 2 gave us some clues. user, service)?

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The IPKat

FEBRUARY 21, 2022

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes. More information about this event here.

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Kluwer Copyright Blog

FEBRUARY 11, 2022

.” Google LLC’s copying of approximately 11,000 lines of code from the Java SE application programming interface to create the Android mobile operating system was a fair use of that material as a matter of law and did not support copyright infringement by the code’s owner, Oracle America, Inc.,

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LexBlog IP

MAY 31, 2023

The Court held that the first factor of the copyright fair use test favored respondent photographer, Lynn Goldsmith, rather than petitioner, Andy Warhol Foundation for the Visual Arts (“AWF”). She contacted AWF alleging infringement of her copyright in her photograph. for Visual Arts, Inc.

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Biswajit Sarkar Copyright Blog

JUNE 21, 2023

However, copyright infringement occurs when such copyrighted music is streamed without acquiring proper license from the copyright owners. Hence, licensed broadcasting of copyrighted music does not give rise to copyright infringement. In the case of Super Cassettes Industries Pvt.

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LexBlog IP

NOVEMBER 28, 2023

But wait, shouldn’t the Fair Use Doctrine imputed under the First Amendment apply to an obviously parodied creative work? Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here? Case Law: Instances Where Fair Use Was Not Upheld Andy Warhol Foundation for the Visual Arts, Inc.

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Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. The plaintiff gets an expensive lesson in the law of derivative works. * * * UIRC offers bonds using a private placement memorandum (PPM) and an indenture of trust. See, e.g., White v. See also Prof.

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Kluwer Copyright Blog

APRIL 25, 2023

Photo by Artur Shamsutdinov on Unsplash This is a two-part post summarising the authors’ findings from the report on Copyright Infringement in the Video Game Industry which was prepared by the authors for the World Intellectual Property Organization.

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IIPRD

MARCH 5, 2025

For instance, in the case of, for example, when AI generation opens up a dialogue among developers and fosters them into speaking with one another over a certain portion of photo editing in new media spaces, it can also go into the generation of new occupations.

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The IPKat

MARCH 7, 2024

This Kat is delighted to present a review of Propriété intellectuelle et développement durable / Intellectual Property & Sustainable Development, edited by Prof. Finally, in "The TRIPS Agreement and the Sustainable Disposal of IP-Infringing Goods - Lessons from WTO Dispute Settlement Cases," Wolf R.

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Kluwer Copyright Blog

JANUARY 20, 2022

Another – more recent – example involves the video of a 2020 copyright panel at New York University where music was played to explain the application of the US fair use rules. Yet, it seems to be a fact that hundreds of millions of uploads on YouTube were copyright infringing. 17 (4) DSMD). Factfulness, p.

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Kluwer Copyright Blog

JUNE 2, 2024

OpenAI’s vision for a fair AI ecosystem The ADAI mentions copyright only in passing, but it is fairly obvious that the desire to ‘deal’ with pending copyright infringement claims (largely in the US) lies at the core of this ambitious statement.

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JIPL Online

MARCH 19, 2021

ii] These events were sudden and came as a shock to the platform’s creators who were given no opportunity to submit counternotifications or edit their content to remove the allegedly infringing material per the provisions of the Digital Millennium Copyright Act (the “DMCA”) and Twitch’s own DMCA Guidelines.

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BYU Copyright Blog

AUGUST 26, 2024

Secondary Education,Primary Education,Academic Publishing,Fair Use,Sovereign Immunity,Ripeness August 26, 12:56 PM August 26, 01:05 PM On June 6th of this year, another case involving copyright reached a federal court, this time in Kentucky. Additionally, Pearson argued that the fair use declaratory judgment action is not ripe.

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