IP and Legal Filings

FEBRUARY 17, 2022

The fact that the media experience (whether in a book, film, video, game, or interactive television) depends on both the creator, whose rights are protected by copyright law, and the viewer, who brings their own personal vision to the character, has become increasingly important in the context of interactive technology and user-generated content.

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Fair Use Copyright Television Copying 94

Plagiarism Today

AUGUST 10, 2022

The Assess Tool also provides a basic fair use analysis and helps to make sure that the use isn’t covered under any other exceptions to copyright law. Though the process sounds long and arduous, the forms RightsClick uses are well-designed and use easy-to-understand language. Copyright Office.

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Copyright Cease and Desist Registration Design 348

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. Definition. Code, section 107.

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Fair Use Copyright Law Copyright Law 52

Technology & Marketing Law Blog

OCTOBER 17, 2023

But if you really want Kiwi Farms gone, have you considered using copyright law for its censorial power? The court says the defendants waived any fair use defense by briefing it inadequately. This ruling shows how copyright law could be a Kiwi Farms killer–no legal reform required. Greer] money.”

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Copyright Law Copyright Law Copyright Infringement 115

SpicyIP

FEBRUARY 17, 2025

The Court has granted summary judgment in respect of 2,830 headnotes belonging to Thomson Reuters and admittedly used by Ross Intelligence to train its Natural Language Processing and Artificial Enabled Legal Research tool, finding Direct Copyright Infringement and rejecting fair use. But, first, Some History!

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Copying Fair Use Copyright Copyright Law 68

JD Supra Law

OCTOBER 1, 2024

A Federal appeals court has ruled that the nonprofit Internet Archive’s “controlled digital lending program” – which creates and lends fully digitized copies of books – does not meet the copyright law’s definition of a fair use. The September 4, 2024, decision in Hachette Books v.

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Copyright Law Copyright Law Fair Use 62

IPilogue

FEBRUARY 28, 2023

The United States Court of Appeals for the Ninth Circuit reversed a 2019 federal district court’s ruling that held a French court’s ruling was unenforceable due to a conflict in copyright laws between the countries. The plaintiffs argued that the book has a commercial purpose, which weighs against fair use.

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Fair Use Copyright Copyright Infringement Copyright Law 105

Intepat

DECEMBER 25, 2024

While the raw data within a database may not be eligible for copyright protection, the originality involved in selecting, organizing, or arranging the data can bring a database under the scope of copyright law. This raises critical questions: What qualifies as originality in the context of database protection?

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Copyright Intellectual Property Copyright Law Fair Use 52

Velocity of Content

DECEMBER 4, 2024

The Copyright Act provides an exclusive right “to prepare derivative works based upon the copyrighted work” and defines “derivative work” in part as any work “ based upon one or more preexisting works.” This has been a long-standing question in copyright law. An amendment to the copyright statute is only one of them.

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Derivative Work Copyright Moral Rights Copyright Law 52

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 Copyright Law Fair Use Law 138

Velocity of Content

AUGUST 9, 2022

She brought suit for copyright infringement, lost at the trial court because of the Warhol estate’s fair use defense but won on appeal to the Second Circuit. First, there are not that many Supreme Court cases that address fair use. Why would the Supreme Court take up another fair use case so quickly?

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Fair Use Licensing Derivative Work Art 98

SpicyIP

JULY 29, 2021

This post only deals with copyrightability of fonts from artistic work perspective and does not explore the copyrightability of fonts as code or literary works. Debunking the ‘no copyright for fonts’ Argument. This is perhaps why fonts cannot be copyrighted in the US. Making the case for copyright.

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Copyright Artistic Work Copyright Law Law 126

Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir.

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IP and Legal Filings

JUNE 29, 2024

In the absence of a separate law safeguarding personality rights, the court granted relief by invoking passing off as governed under the Trade Marks law. Copyright laws also provide plausible remedies for enforcing one’s right to personality. So, various courts have over the time drawn a clear line in this regard.

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Personality Rights Fair Use Privacy Intellectual Property Law 98

Velocity of Content

MARCH 16, 2023

Regardless, as of this writing there are now five cases that may provide some clarity on this less frequently discussed but foundational issue of the unauthorized use of copyrighted materials as training data for AI (I use “AI” here as a shorthand which also includes text and data mining and machine learning).

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Litigation Fair Use Copying Derivative Work 98

IPilogue

OCTOBER 4, 2021

Photocopying classroom materials in a K-12 public school system may have seemed harmless and benign before the 2012 Supreme Court of Canada case, Alberta v Canadian Copyright Licensing Agency (Access Copyright). The decision reframes traditional teaching pedagogies by considering the artist and owner rights under copyright law.

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Copyright Copying Fair Use Editing 131

Kashishipr

MAY 25, 2021

You may consider dedicating a page that illustrates the definite reposting policies. Such a license would enable using the resources held by owners of the CC Licenses to the extent of editing, remixing, copying, and distributing the work without circumventing the copyright law. Blogging and Fair Use.

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Intellectual Property Blogging Fair Use Registration 98

IPilogue

AUGUST 4, 2021

This is because Copilot would copy small snippets of commonly used code which are unlikely to amount to substantial reproduction or meet the threshold of originality necessary to be protected under copyright. which is established in the USA, such that [any other country’s] law is irrelevant.”.

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Copyright Infringement Copyright Licensing Intellectual Property Law 111

Kluwer Copyright Blog

JANUARY 9, 2023

Goldsmith: The Supreme Court Revisits Transformative Fair Uses by Pamela Samuelson. Supreme Court ruled that Campbell’s creation of a rap parody version of a popular Roy 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.

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Blogging Copyright Fair Use Reporting 95

Kluwer Copyright Blog

DECEMBER 17, 2023

The calls for revisiting copyright in the wake of generative AI – with proposals to create new exceptions or design remuneration models for authors – further fortify this “faith,” I believe. The overreliance on fair dealing, I argue, inadvertently expands the scope of copyright law and harms the public domain.

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Fair Use Public Domain Copyright Litigation 64

TorrentFreak

JULY 26, 2023

A clear definition for the word “knowingly” was sought to establish mens rea while the reference to recording a movie “or a part thereof” raised questions over punishing behavior that should be protected under fair use exceptions.

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Copying Fair Use Cinema Reporting 98

SpicyIP

AUGUST 28, 2022

Please note that I will use “user interests” as a catch-all, for whatever the chosen definition of it may be. Hamar Television , regarded Section 52 of the Copyright Act, 1957 as a ‘right’ i.e. “right to make fair use or to deal fairly”, stemming from the fundamental right to free speech.

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Copyright Lately

JANUARY 23, 2023

Let’s Talk About Derivative Works Subject to fair use and other defenses, a copyright owner has the exclusive right to prepare derivative works based upon the copyrighted work. You might assume that the concept of a “derivative work” under copyright law would be simple to define. You’d be wrong. 17 U.S.C. §

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Derivative Work Art Copying Fair Use 113

Intepat

JANUARY 8, 2024

Navigating the Intellectual Property Rights Dilemma The clash between The New York Times, OpenAI, and Microsoft unfolds in the realm of intellectual property law. In light of the Copyright Act of 1976 (United States), like The New York Times, creators have the exclusive right to reproduce, distribute, and display their works.

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Copyright Fair Use Derivative Work Intellectual Property 52

Technology & Marketing Law Blog

MARCH 29, 2023

The CCB in the Final Determination sidesteps that issue, and looks to Prutton’s two defenses: fair use and unclean hands. Fair Use: From my perspective, the fair use analysis is what I’ve been waiting for. As part of the law, that is what they are supposed to do. ComicMix LLC, 983 F.3d 2020), cert.

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Blogging Fair Use Copyright Copyright Notice 105

Trademark and Copyright Law Blog

APRIL 21, 2021

This dispute concerned Google’s use of Oracle’s “declaring code” – software that provides a list of functions and definitions that specify the parameters of application program interfaces (APIs) – in Google’s Android operating system. Declaring Code Not “at the Core of Copyright”.

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Copying Fair Use Copyright Marketing 40

LexBlog IP

NOVEMBER 28, 2023

Meme Culture Meets Copyright Law: A Guide for Businesses & Creators Memes, often humorous media fragments that spread rapidly through online sharing, are a global phenomenon that have made their way into mainstream culture. So ubiquitous are they in cultural parlance that a definition for them is barely necessary here.

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Fair Use Intellectual Property Settlement Business 52

Kluwer Copyright Blog

AUGUST 7, 2023

Foto de Alice Dietrich na Unsplash US Supreme Court’s Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law.

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Derivative Work Copyright Fair Use Copyright Law 52

Velocity of Content

AUGUST 13, 2024

However, adopting a more systematic program of creating or adapting curriculum materials for an entire district or school highlights some important questions about schools’ and school districts’ rights and obligations under copyright law. The most secure approach to the use of third-party materials is through a license.

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Copyright Public Domain Fair Use Licensing 52

IP and Legal Filings

NOVEMBER 22, 2022

From British courts, the terminology ‘fair dealing’ finds its presence in copyright provisions of colonies. When it was adopted by US Courts, they changed its terminology to ‘fair use’. Thus, a flexible and liberal approach needs to be adopted like that of the U.S. SUGGESTIONS.

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Fair Use Copyright Law Intellectual Property 52

SpicyIP

AUGUST 6, 2024

Free access to AI voice cloning technologies has definitely caused a ruckus across jurisdictions, with its improper use ranging from politics to entertainment to crime. These technologies, capable of accurately replicating voices with 95% accuracy in multiple languages and accents, have been misused more often than put to good use.

Personality Rights 110

Personality Rights Moral Rights Technology Copying 110

IP Tech Blog

SEPTEMBER 25, 2023

The USCO is doing this with an eye toward possible changes or clarifications on what is copyrightable in this realm and to fulfill its functions of advising Congress and serving as a public resource on copyright law matters. Thus, these definitions may end up being relied upon by courts and litigants in the future.

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Copyright Technology Artwork Blogging 62

IIPRD

APRIL 8, 2024

This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

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Art Artwork Intellectual Property Copyright Law 52

43(B)log

AUGUST 9, 2024

Challenges before SCt: (1) freedom of expression under Mexican constitution, contrary to due process and legal principle; (2) lack of definition of key terms did not provide legal certainty. Different reasons for divergence: author’s rights/©; civil/common law; developed/developing. Group one: fair use. But we don’t know.

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Fair Use Moral Rights Law IP 59

IIPRD

SEPTEMBER 29, 2022

RIGHTS PROTECTED : Under this law Copyright law protects the copyright of authors, musicians, etc. Copyright is essentially a right to copy. Copyright is a term describing rights given to creators for their literary and artistic works. Internet technology is developing faster than the laws that govern it.

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Copyright Intellectual Property Copying Music 52

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. 29, 2013), [link]. [ii] 277 (2020). [iv]

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Copyright Infringement Copyright Intellectual Property Blogging 98

LexBlog IP

SEPTEMBER 25, 2023

The USCO is doing this with an eye toward possible changes or clarifications on what is copyrightable in this realm and to fulfill its functions of advising Congress and serving as a public resource on copyright law matters. Thus, these definitions may end up being relied upon by courts and litigants in the future.

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Copyright Technology Artwork Fair Use 52