IP Watchdog

FEBRUARY 1, 2024

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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Plagiarism Today

FEBRUARY 21, 2022

1: Judge: Jehovah’s Witness Parodies Are Fair Use. First off today, Andy Maxwell at Torrentfreak writes that Watch Tower, is pushing ahead with a copyright infringement lawsuit against YouTuber “Kevin McFree” (not his real name) in hopes of revealing the YouTuber’s real name. Watch Tower: So What?

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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.

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TorrentFreak

AUGUST 20, 2022

But there’s a corporate side to the UFC that’s much less palatable and, in many cases, highlights the company’s absolute reliance on the exploitation of IP rights. Whether a fair use conversation actually took place is unclear, but the UFC says the strategy won’t work here.

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IP Watchdog

JANUARY 29, 2024

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.

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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 (..)

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IP Watchdog

AUGUST 17, 2021

Court of Appeals for the Eighth Circuit yesterday reversed a Missouri district court’s grant of summary judgment for a group of real estate companies relating to copyright infringement claims brought by an architect over floorplans.

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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.

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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.

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SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. Akshat Agrawal.

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IPilogue

NOVEMBER 11, 2021

This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very first international speaker from outside the United States. The Court refers to it more specifically as a “user’s right”.

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IP and Legal Filings

FEBRUARY 17, 2022

Consumers are invited to use and transmit “bites” of copyrighted content via social networking sites, mobile television via cell phones and other handheld devices, online mobile game units with WiFi and other interactive capability, interactive television, and a variety of other interactive technologies. In DC Comics Inc.

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SpicyIP

MARCH 29, 2025

Like previous years, we kept the topic selection open to participants asking them to choose any topic they wanted so long as it related to IP. It then explains why the existing fair use defense in the context of text and data mining is deeply problematic and should be replaced. Basheers scholarship.

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IPilogue

DECEMBER 7, 2021

There is no copyright in facts and historical events; however, writers can claim copyright in their letters if they are sufficiently original. While this alone is not sufficient to give rise to a claim for copyright infringement, Dorland and the protagonist do express similar sentiments.

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IPilogue

AUGUST 4, 2021

Is GitHub Copilot a Copyright Infringer? While Ziegler’s use of the word “mostly” may not reassure those fearing copyright infringement, his paper highlights two details that might. Photo by Christopher Gower ( Unsplash). Claire Wortsman is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. .

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Copyright Infringement Copyright Licensing Intellectual Property Law 111

Technology & Marketing Law Blog

JANUARY 22, 2022

A “lapsed” Jehovah’s Witnesses member, using the alias “ Kevin McFree ,” posted YouTube videos using stop-animation of Lego figurines to criticize the Jehovah’s Witnesses. The court says the Dubtown video wasn’t copyright infringing because of fair use: Purpose/Character of Use.

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IP Law 360

AUGUST 16, 2021

The Eighth Circuit on Monday revived an architect's copyright case against multiple real estate developers, finding that real estate companies can't invoke a fair use clause from an architectural works law to defend against copyright infringement claims over home floorplans.

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IPilogue

SEPTEMBER 29, 2021

The legal question at the center of the dispute is whether Warhol’s series is fair use of Goldsmith’s original photograph. A permissible derivative creation, or fair use, requires transformative changes made to the original. This is not the first time Andy Warhol was sued for IP infringement.

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The IP Law Blog

APRIL 7, 2022

The Supreme Court granted a petition for writ of certiorari filed by the Andy Warhol Foundation for the Visual Arts that arises from a copyright infringement action filed by photographer Lynn Goldsmith, who took the photos of Prince that were subsequently the subject of Warhol’s allegedly infringing works.

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IPilogue

OCTOBER 26, 2021

It is composed of two phases centering on two legal issues that were trialed separately—the copyrightability of APIs and the fair use doctrine. It also ordered a second trial to determine whether Google’s use of Java API was acceptable under the fair use doctrine. Oracle appealed successfully.

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The IPKat

MARCH 4, 2025

Copyright and Design Law Alessandro Cerri detailed a decision by a Delaware court where the fair use defense was successfully applied in a copyright infringement case. Rose Hughes reported on a CJEU ruling that clarifies the rules for determining jurisdiction in cases of design infringement.

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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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Intepat

DECEMBER 18, 2024

Yet, the rapid rise of podcasting has left many creators overlooking critical legal considerations specific copyright licensing. From background music and guest interviews to sound effects, every element in a podcast could involve intellectual property (IP). The key aspects of a podcast that are covered by copyright include: 1.Music:

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IPilogue

OCTOBER 1, 2022

Typically, tattoo aftercare instructions include strictly hygienic recommendations, but tattoo artist Kat Von D might have a unique suggestion: prepare to be an exhibit in a copyright infringement lawsuit. for copyright infringement under the Copyright Act of 1976. Sedlik (“Sedlik”) filed a complaint in the U.

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SpicyIP

FEBRUARY 3, 2025

(This post has been co-authored with SpicyIP Intern Aditi Agrawal and Bharathwaj Ramakrishnan) Here is our recap of last weeks top IP developments including summary of the posts on taking stock of ANI vs OpenAI copyright litigation (Part I and II), and Machine Unlearning and the ANI vs OpenAI case. Is training of GenAI models fair use?

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SpicyIP

MARCH 30, 2025

Further, he questions whether even a Text Data Mining Exception is required in the Indian Copyright Act. Shivam is an LLM candidate at NUS Law specializing in IP and Tech Laws and a Research Assistant at the Lumens Machine Learning Project. Part 1 of this 2 part series can be accessed here. His previous posts can be accessed here.

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SpicyIP

MAY 1, 2023

After making an argument for the need of regulating AI from an IP perspective in Part I , Part II of the post focuses on the different aspects which can be regulated to develop a responsible and ethical AI. The problem is how do you license all the copyrighted images/information available on the web? private or personal use).

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SpicyIP

NOVEMBER 7, 2024

on text data mining and its interpretation as an exception to allegations of copyright infringement, SpicyIP Fellowship applicant Tanishka Goswami highlights the key findings of the Court and explores the probable lessons for Indian policymakers in harmonizing copyright with AI and innovation.

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Copyright Law Copyright Law Copyright Infringement 105

IP Tech Blog

MARCH 28, 2023

A federal district court in New York held that the Internet Archive’s Open Library project was engaging in copyright infringement by publishing digital copies of millions of books online. The court engaged in an extensive analysis of whether the purpose and character of Internet Archive’s use was transformative. of America v.

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JD Supra Law

JUNE 17, 2022

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright infringement dispute between a paparazzo and Emily Ratajkowski, and discuss the settlement’s implications for Fair Use. By: Weintraub Tobin

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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.

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SpicyIP

JANUARY 29, 2025

Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur, and loves books and IP. In the first part of the post, we dealt with the relevant background, wherein I stated that it is useful to see any GenAI model as being located within an AI supply chain. Is Training of GenAI Models Fair Use?

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SpicyIP

OCTOBER 14, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the lack of participation by academics in court proceedings, Patent Controller’s order on patent of addition, and Delhi High Court’s decision on latching and passing off. Drop a comment below to let us know. 63 of the Copyright Act, 1957.

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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. 102(a) and (b).

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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.

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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.

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Technology & Marketing Law Blog

DECEMBER 31, 2021

The court says that instead of doing a First Amendment analysis, it’s possible that a fair use analysis is sufficient for 512(h) subpoenas (citing Eldred for the principle that fair use is the First Amendment safety valve to copyright infringement). Q2 2015 Quick Links, Part 1 (IP, Marketing and More).

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