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. Percentage of Original Material Used.

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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. Conversely, in Ringgold v.

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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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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.

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TorrentFreak

MARCH 18, 2024

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. Last year, a New York Federal court concluded that the library is indeed liable for copyright infringement.

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TorrentFreak

NOVEMBER 18, 2022

Japan does not recognize fair use and even if it did, experts predicted that ‘Fast Movies’ would still cross red lines. “This is a ruling that fully upholds our allegations, and we believe that it should be a great deterrent against copyright infringement in the future,” a joint CODA and JVA statement reads.

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Technology & Marketing Law Blog

AUGUST 8, 2021

The video depicted its award as the well-known Emmy statuette with a coronavirus replacing the atom in the holder’s hands: The Television Academies, who own the IP rights to the statuette, targeted the video with a DMCA notice to YouTube, which YouTube honored. Copyright Infringement/Fair Use.

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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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TorrentFreak

MARCH 19, 2024

Instead of focusing on alleged hacking practices, the company led with Jack Valenti’s ‘Boston Strangler’ analogy, part of an all-out effort by television and movie producers to stop a groundbreaking new technology. Microsoft asked the court to dismiss several key claims, including contributory copyright infringement.

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Technology & Marketing Law Blog

OCTOBER 6, 2022

Last week, an Illinois jury awarded tattoo artist Catherine Alexander $3,750 in damages at the conclusion of a copyright infringement trial. 2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. Eric’s Prior Tattoo Copyright Blog Posts.

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TorrentFreak

OCTOBER 28, 2021

They urged the Copyright Office not to grant the exemption as it would open the door to widespread piracy. The groups fear that jailbreaking will result in widespread copyright infringement, as it allows the public to install piracy tools on these video devices as well.

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JIPL Online

APRIL 9, 2021

Memes utilize pop culture content, such as movies, television shows, and other various forms of media, often in a parodic way. Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] By: Taylor Bussey. INTRODUCTION.

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Kluwer Copyright Blog

NOVEMBER 15, 2022

Recent appellate decisions in the United States have recognized expanded grounds for personal jurisdiction in cases of internet-based copyright infringements; divided on the extent to which the three-year statute of limitations limits damage recoveries; and increased the occasions for motions to dismiss on the ground of fair use.

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TorrentFreak

MAY 24, 2022

Terms such as DMCA, copyright strike and fair use are now regular features in YouTube content creator communities but that hasn’t necessarily led to fewer infringements or happier rightsholders.

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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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IPilogue

APRIL 12, 2022

While useful, they raise concerns of potential copyright infringement. The Chinese National Radio and Television Administration introduced a regulation in 2018 to prevent illegal capture, cut, stitching, and adapting audio-visual programs. These movie recap videos have become extremely popular in China.

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Dear Rich IP Blog

FEBRUARY 25, 2021

Is it fair use to use the entire unclipped episode, if, throughout my recording, I am making commentary on the episode I am watching? Your project may qualify as fair use. A judge, when determining fair use, must consider four factors the purpose and character of your use. The factors?

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Kashishipr

JUNE 9, 2021

With the onset of the trend wherein users are gradually switching to online streaming to meet their music needs and discarding traditional methods such as radio, television, and music CDs, compulsory licensing for the internet was recognized as a key policy issue by the music industry last year.

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Copyright Lately

MAY 17, 2021

And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. The Supreme Court’s seminal fair use decision, Campbell v.

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Technology & Marketing Law Blog

AUGUST 12, 2021

Sinclair owns a bunch of television stations. Under the Copyright Act, display. means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.”. Breitbart News.

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Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. What Happened. Oracle , should have been decided by the trial judge. Skull arm design.

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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? The court begins with findings of fact, lavishing attention on the show’s plot and popularity.

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IP and Legal Filings

JANUARY 8, 2023

When someone violates a creator’s exclusive rights to a piece of work, they are engaging in copyright infringement. Music as well as the movie industry are two common industries that face copyright issues on a day to day basis. emphasized the fair use and dealing of copyrighted matters under section 52(1)(a) of the Act.

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TorrentFreak

APRIL 12, 2024

The latter simply cannot exist without the former; the big legal debate seems to hang on whether consumption was protected under the doctrine of fair use, or was straightforward copyright infringement. If the court finds in favor of fair use, it seems likely that no copyright holders will receive compensation.

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Velocity of Content

MAY 1, 2024

He illustrated the point with examples of copyright’s evolution from its 18th-century origin in restricting the pro duction and sale of books through the addition of rights to perform and display works and its adaptation to technologies from the player piano to radio, cable television, and computer software. with that in the U.S.

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Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. All of these facts placed Defendant on actual notice that it was highly likely that, in fact, Plaintiff’s Sticker Sheet was not infringing the Subject Design.

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Copyright Lately

OCTOBER 6, 2024

In that case, the court ruled in Adjmi’s favor because 3C was a parody of the sitcom and protected by fair use. But the plaintiffs in the Stereophonic case are suing over what they claim is the copying of real-life events, which makes proving copyright infringement much harder.

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SpicyIP

JUNE 26, 2024

Hardcopies of literary works and their regulation by way of copyright, despite being the primary mode of information sharing in human society, has not evolved to accommodate accessibility of the medium for PwDs. However, it’s important to note that technological measures like DRMs can effectively manage distribution.

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Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. It’s usually on the receiving end of the “I came up with it first!”

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IIPRD

AUGUST 11, 2023

There is no question of fair use as although it is not commercially beneficial but it is neither limited to private use. However, the US Court has held Napster [2] , which was a file-sharing platform as well, guilty of infringing copyrighted materials and was denied the defence of fair use.

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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. You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression?

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LexBlog IP

FEBRUARY 11, 2024

You see, when I was growing up, computers took up entire rooms and content was published on paper – books, newspapers, magazines, and yes, sometimes even broadcast on television or radio. It was always perfectly clear to me what someone else authored and owned. Copying was tedious. Copying took effort. That was then, this is now.

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43(B)log

SEPTEMBER 7, 2023

Each publisher defendant separately determined which content it accessed on Presto to use for its websites and in its publications; their webpages that included the screenshot of the Sowers photo would have displayed ads. Campbell sued for copyright infringement, contributory/vicarious copyright infringement, and CMI removal.

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43(B)log

JUNE 26, 2023

A&E Television Networks, LLC v. 16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. I think the court expects nominative fair use to take care of this, and that’s plenty defensible.) What about nominative fair use?

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LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Damon Dash. Roc-A-Fella Records Inc.

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Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

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SpicyIP

DECEMBER 30, 2023

Delhi High Court] On August 9, the Delhi High Court devised a judicial mechanism to combat novel ways of copyright infringement and issued the first-ever Dynamic+ injunction in favour of Universal City Studios LLC., Universal City Studios LLC and Ors v. DotMovies.Baby and Ors. Warner Bros. Entertainment Inc., HULM Entertainment v.

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