TorrentFreak

JULY 27, 2024

IIPA is concerned that South Africa isn’t doing enough to deter copyright infringement. There are also grave concerns that proposed “fair use” exceptions, which are partly modeled after U.S. to use it as a basis for sanctions. Better yet, it may even have a positive effect on the economy.

Fair Use 104

Fair Use Copyright Government Copyright Law 104

JD Supra Law

MAY 13, 2024

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 117

Fair Use Copyright Infringement Copyright 117

TorrentFreak

SEPTEMBER 28, 2023

According to the tech company, there are no viable claims for vicarious copyright infringement, DMCA violation, unfair competition, and unjust enrichment. The only claim that wasn’t contested by OpenAI is direct copyright infringement, which the company plans to address at a later stage. copyright law. .

Fair Use 112

Fair Use Copyright Copyright Infringement Derivative Work 112

JD Supra Law

JULY 13, 2022

Can internet service providers necessarily be compelled to unmask anonymous copyright infringers?

Fair Use 98

Fair Use Copyright Infringement Copyright Technology 98

Plagiarism Today

SEPTEMBER 15, 2021

Yesterday, news broke that Pearson Education, the largest publisher of textbooks in the world, has filed a lawsuit against the website Chegg alleging widespread copyright infringement of its content on the site. As a result, Pearson is suing Chegg alleging copyright infringement. The post Understanding the Pearson v.

Copyright Infringement 250

Copyright Infringement Copyright Derivative Work Fair Use 250

JD Supra Law

JUNE 20, 2024

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.

Fair Use 65

Fair Use Copyright Infringement Copyright 65

TorrentFreak

MARCH 25, 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. Fair Use or Mass Copyright Infringement? IA’s fair use defense and summary judgment in its favor was denied.

Copyright Infringement 143

Copyright Infringement Copyright Fair Use Copying 143

IP Watchdog

AUGUST 9, 2022

that reversed a Central District of California’s sua sponte grant of summary judgment to Pub Ocean on McGucken’s copyright infringement claims. The case involved Pub Ocean’s unauthorized use of photos of a lake that formed in Death Valley, California, in March 2019. Pub Ocean Ltd.

Fair Use 119

Fair Use Copyright Infringement Copyright Litigation 119

TorrentFreak

JUNE 22, 2022

The company also expressed concern that via the DMCA subpoena, copyright law was being used to suppress criticism or rumors of extramarital affairs. Furthermore, Twitter said that Bayside was in no position to claim copyright infringement to obtain the details of the alleged infringer (MrMoneyBags).

Fair Use 135

Fair Use Copyright Infringement Copyright Copyright Law 135

TorrentFreak

MAY 27, 2024

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.

Copyright Infringement 120

Copyright Infringement Copyright Fair Use Copying 120

Indiana Intellectual Property Law

JUNE 1, 2023

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use. Continue reading

Fair Use 97

Fair Use Derivative Work Artwork Copyright Infringement 97

BYU Copyright Blog

OCTOBER 7, 2024

Internet Archive's Fair Use Defense Falls Short Fair Use,Literary Works,Infringement Found October 07, 11:03 AM October 07, 11:03 AM On May 15, 2024, we published a post about an important legal dispute between the Internet Archive (IA) and the publisher Hachette, along with other major publishers (the Publishers").

Fair Use 40

Fair Use Copying Publishing Licensing 40

IP Watchdog

SEPTEMBER 6, 2024

This week in Other Barks & Bites: A House version of the Patent Eligibility Restoration Act (PERA) is introduced; Judge Pauline Newman’s suspension from hearing cases at the Federal Circuit, on which she has served for 40 years, is officially extended by the court’s Judicial Council; OpenAI asks a New York court to dismiss several claims in one (..)

Fair Use 110

Fair Use Copyright Copyright Infringement IP 110

JD Supra Law

JUNE 13, 2023

Supreme Court issued its first decision this century on copyright fair use in the artistic context. The 7-2 decision, authored by Justice Sonia Sotomayor, has the potential to significantly limit the amount of borrowing from and building upon copyrighted works permitted in the commercial space. On May 18, 2023, the U.S.

Fair Use 55

Fair Use Copyright Infringement Copyright Art 55

Technology & Marketing Law Blog

FEBRUARY 25, 2024

Thiccc Boy then sued for copyright infringement. The court finds fair use. Purpose and Character of Use. “the allegedly infringing videos undisputedly commented on the quality of the discussion in the copyrighted works.” Both aspects can have significant implications for fair use.

Fair Use 87

Fair Use Copyright Infringement Television Copyright 87

SpicyIP

APRIL 15, 2024

Discussing the implications of unauthorized use of materials for training Generative AI models, we are pleased to bring to you this guest post by Goutham Rajeev and Vedant Bharadwaj Singh. Training GenAI: Infringement or Fair Use? Whether the Process of TDM Amounts to Copyright Infringement? Google Inc.

Fair Use 49

Fair Use Copyright Infringement Derivative Work Copyright 49

The IP Law Blog

SEPTEMBER 30, 2022

Many find it surprising, but there is no requirement to include a copyright notice on a work for the work to be protected by copyright law. The lack of a copyright notice does not give you permission to use the work. Copyright infringement occurs when a person or company uses another’s copyrighted work without permission.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

Intellectual Property Law Blog

JUNE 5, 2023

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use. 107), “when it conveys a different meaning or message from its source material.”

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

IP Watchdog

NOVEMBER 17, 2021

“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. Supreme Court ruled on a landmark fair use case involving the “copying” of an Application Programming Interface (API).

Fair Use 116

Fair Use Copying Copyright Infringement Technology 116

Copyright Lately

AUGUST 14, 2023

Goldsmith on a first-of-its-kind copyright infringement lawsuit involving celebrity tattoo artist Katherine Von Drachenberg (aka Kat Von D). Fischer denied both parties’ motions for summary judgment, finding triable issues of substantial similarity and fair use. Fifteen minutes of fame, meet permanent ink.

Fair Use 88

Fair Use Social Media Licensing Marketing 88

TorrentFreak

AUGUST 29, 2023

Authors Sue OpenAI According to several authors, large language model training sets shouldn’t be permitted to use every piece of text they come across online. In their lawsuit filed in June , book authors Paul Tremblay and Mona Awad accused OpenAI of direct and vicarious copyright infringement, among other things.

Copyright Infringement 117

Copyright Infringement Copyright Fair Use Derivative Work 117

Copyright Alliance

AUGUST 29, 2023

In the previous iteration of this blog (Part 1), we presented several movie copyright cases addressing the issues of copyright infringement and copyrightability.

Fair Use 80

Fair Use Copyright Copyright Infringement Blogging 80

TorrentFreak

MARCH 19, 2022

After reviewing McFree’s videos, last month a New York judge denied the Watch Tower application declaring that McFree’s use of Watch Tower clips was permitted under fair use. However, Watch Tower is still pursuing a parallel copyright infringement lawsuit against McFree in another court.

Fair Use 139

Fair Use Copyright Infringement Litigation Copyright 139

TorrentFreak

FEBRUARY 20, 2022

Depending on opinion, the Watch Tower Bible and Tract Society, the supervising body and publisher for the Jehovah’s Witness religious group, either doesn’t like criticism, dislikes copyright infringement, or hates both. ” Fair Use Considerations. Overall then, the first factor weighs in favor of fair use.

Fair Use 114

Fair Use Copyright Infringement Copyright Publishing 114

Likelihood of Confusion

FEBRUARY 27, 2022

The post More fair use follies — copyright infringement by court filing? Evan Brown reports (links added): The parties in the matter of Shell v. Devries, a case from the U.S. District Court for the District of Colorado, are no strangers to. appeared first on LIKELIHOOD OF CONFUSION™.

Fair Use 40

Fair Use Copyright Infringement Copyright Reporting 40

The IP Law Blog

MARCH 2, 2023

According to Getty Images, Stability copied Getty’s photographs with associated text and metadata to train its Stable Diffusion model, which uses AI to generate computer-synthesized images in response to text prompts. According to Getty, this is clear copyright infringement.

Copyright Infringement 104

Copyright Infringement Copyright Fair Use Technology 104

The IP Law Blog

NOVEMBER 30, 2023

Ross Intelligence Inc will provide guidance for similar AI training/copyright infringement cases and, as a bonus, it provides a bit of clarity (or muddies the waters… depending on your point of view) in the application of a post-Warhol fair use defense. These are the basic facts underlying this lawsuit.

Copyright Infringement 123

Copyright Infringement Copyright Fair Use Copying 123

Indiana Intellectual Property Law

AUGUST 16, 2024

Wayne, Indiana , alleging willful copyright infringement. The organization has developed its own curriculum for use in the program and for licensing by third parties. Counsel for LifeWise repeatedly requested that Parrish remove the curriculum, but he refused, citing fair use. LifeWise, Inc., Continue reading

Copyright Infringement 52

Copyright Infringement Fair Use Copyright Copyright Law 52

JD Supra Law

MAY 19, 2023

On May 18, 2023, the US Supreme Court, in a much-anticipated decision, held that portraits of the musician Prince by Andy Warhol do not constitute fair use under copyright law. The 7 – 2 decision in Andy Warhol Foundation for Visual Arts, Inc.

Fair Use 55

Fair Use Copyright Infringement Copyright Law Art 55

Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v.

Fair Use 101

Fair Use Copyright Law Copyright Law 101

TorrentFreak

MAY 1, 2024

In this case, eight major news publications are suing OpenAI and Microsoft for copyright infringement. OpenAI and Microsoft have previously argued that the use of copyrighted works to train its models falls under fair use. While many newspapers reported on these claims, they didn’t endorse them.

Copyright Infringement 113

Copyright Infringement Copyright Publishing Copying 113

TorrentFreak

AUGUST 20, 2022

In a copyright infringement complaint filed at a California district court this week, Zuffa LLC (d/b/a UFC) names Canadian company 2107697 Alberta Ltd (d/b/a Score G Productions), Canadian Adam Scorgie, Electric Panda Entertainment, and Does 1 through 10 as defendants. UFC is Not Suing Bisping Himself.

Fair Use 121

Fair Use Copyright Licensing Intellectual Property 121

JD Supra Law

NOVEMBER 30, 2023

Ross Intelligence Inc will provide guidance for similar AI training/copyright infringement cases and, as a bonus, it provides a bit of clarity (or muddies the waters… depending on your point of view) in the application of a post-Warhol fair use defense. By: Weintraub Tobin

Copyright Infringement 79

Copyright Infringement Copyright Fair Use 79

TorrentFreak

NOVEMBER 16, 2021

Broadly, however, they insist that they did not commit any type of copyright infringement, something they expand upon in a shortlist of affirmative defenses, i.e Affirmative Defense – Fair Use. The doctrine of fair use bars the relief sought by Plaintiff,” the response adds.

Fair Use 145

Fair Use Copying Copyright Copyright Law 145

Above the Fold

MAY 22, 2023

This high-profile case hinged on whether Warhol’s images of Prince meaningfully transformed Goldsmith’s original black and white photo so as to create a new work of art protected by the fair use doctrine. SCOTUS held that Warhol’s images did not constitute fair use.

Fair Use 52

Fair Use Copyright Infringement Art Music 52

LexBlog IP

MAY 24, 2023

Warhol’s use of Prince’s photo (taken by Lynn Goldsmith) was not entitled to fair use. The Court found that Goldsmith’s earlier photo and Andy Warhol’s use served the same commercial purpose – as a magazine illustration. I am not so sure. Take a look a the illustration above.

Fair Use 52

Fair Use Artwork Intellectual Property Copyright Law 52

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

Thus, the question arises if such use attracts copyright infringement. If the photo taken without any prior consent is edited and used for a commercial benefit, then it might attract copyright infringement. There are certain exceptions to copyright infringement that can be used as a shield in such cases.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 52