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Internet Archive: Digital Lending is Fair Use, Not Copyright Infringement

TorrentFreak

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 library argues that the court erred by rejecting its fair use defense.

Fair Use 114
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Kanye West Faces A Copyright Infringement Lawsuit: Is “Fair Use” Fair?

IPilogue

Moten, a Texas pastor, filed a copyright infringement lawsuit against rapper Kanye West for incorporating a sample recording of his religious sermon into one of his songs. Using the sound recording without permission constitutes copyright infringement. The fair use defence is rarely used in music sampling cases.

Fair Use 111
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Unpacking Fair Use: A Legal Battle Between Sculptors and Photographers in the NFL

JD Supra Law

Earlier this year, a rare case of copyright infringement was brought against the National Football League (NFL) and the Detroit Lions over a statue of Hall of Fame player Barry Sanders. The case explores the intersection of the “fair use” doctrine for both sculptors. By: Kohrman Jackson & Krantz LLP

Fair Use 113
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Richard Prince Effectively Settles, Dodging Post-Warhol Fair Use Ruling

IP Watchdog

On Thursday, final judgments were issued in a pair of copyright infringement cases that arose from a now infamous 2014/2015 project New Portraits, where appropriations artist Richard Prince displayed Instagram photos and user comments as a purported commentary on social media and art.

Fair Use 110
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Battle Between Newspaper Giant and Generative AI Boils Down to Definition of Fair Use

IP Watchdog

As often is the case with claims like these, the merits will center on the fair-use doctrine, a well-recognized legal principle in copyright law that aims to balance the interests of copyright holders with the public benefit of free speech and creative works.

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What Do You Meme? TFW Commercial Use Outweighs Fair Use

JD Supra Law

The US Court of Appeals for the Eighth Circuit affirmed a district court’s copyright infringement decision, finding that a congressional reelection campaign’s use of a popular meme to solicit donations was commercial in nature and therefore not fair use. Laney Griner v. King for Congress, Case No.

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NVIDIA Denies Copyright Infringement Claims in Authors’ AI Lawsuit

TorrentFreak

NVIDIA Faces Copyright Infringement Claims Earlier this year, several authors sued NVIDIA over alleged copyright infringement. The class action lawsuit claims that the company’s AI models were trained on copyrighted works taken from the ‘pirate’ site Bibliotik. Copyright Act,” the company writes.