Technology & Marketing Law Blog

AUGUST 12, 2021

Fair use : The court also grapples with fair use. Citing to Barcroft and McGucken , the court says that the “photograph itself is the subject of the story” so this weighs in favor of fair use. The third factor cuts against fair use since the entirety of the video was used. United Sports.

Social Media 140

Social Media Copyright Fair Use Licensing 140

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). v Stability A.I.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

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

Kluwer Copyright Blog

OCTOBER 3, 2023

It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). 2000) (“ copying an entire work militates against a finding of fair use. ”).

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Fair Use Privacy Copyright Technology 134

Technology & Marketing Law Blog

JUNE 20, 2023

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

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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Fair Use Copyright Reporting Licensing 116

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 106

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. Memetic Marketing in the Digital Age , 7 Geo.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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 67

Technology & Marketing Law Blog

AUGUST 1, 2023

Instead, Hunley and Brauer filed a class-action lawsuit against Instagram, alleging that Instagram was vicariously liable for, or was liable for encouraging or contributing to, the alleged direct infringement by others, by providing an “embedding” tool that easily could be used to facilitate public display of their photos. Supreme Court.

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Blogging Copying Social Media Copyright 96

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Google responds that whatever it means, it’s preempted by copyright law.

Licensing 90

Licensing Copyright Contracts Advertising 90

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 136

Copyright Lately

APRIL 19, 2022

Over the past quarter-century, transformative use has become shorthand for fair use itself. When I first heard that the Supreme Court had agreed to take up the fair use fight over Andy Warhol’s “Prince Series,” my first reaction was “Oh wow.”. Fair use is supposed to be about balance and flexibility.

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Fair Use Art Copyright Social Media 77

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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Copyright Derivative Work Fair Use Copyright Law 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. Third, Prutton uses the whole image.

Blogging 96

Blogging Fair Use Copyright Copyright Notice 96

The IPKat

AUGUST 6, 2023

Only two of the 43 areas deal with American copyright law (probably a correct percentage given the EU focus of IPKat), but this small number should have disqualified me from writing a book review where there are 41 out of 43 articles on topics I know nothing about, including the entire fields of trade mark and patent law.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Copyright Law 52

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.

Copyright 94

Copyright Blogging Fair Use Reporting 94

Kluwer Copyright Blog

MAY 1, 2023

In doing so, it amended Law 2121/1993 , the Greek Copyright Law, as well as Law 4481/2017 , the law that regulates the collective management of copyright and related rights. A major part of the amendments concerns Chapter 4 of Law 2121/1993, which regulates exceptions and limitations to copyright.

Licensing 98

Licensing Related Rights Publishing Higher Education 98

43(B)log

DECEMBER 20, 2022

But also, the documentaries weren’t substantially similar, and, “even if the 2013 Documentary is substantially similar to the 2001 Documentary under the fragmented literal similarity test due its use of clips from the 2001 Documentary, Plaintiffs’ claim with respect to this documentary is barred by the fair use doctrine.”

Fair Use 52

Fair Use Trademark Copyright Editing 52

Technology & Marketing Law Blog

JUNE 17, 2023

¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

LexBlog IP

NOVEMBER 30, 2022

Of all the possible ways to use Thanksgiving leftovers — Dagwood sandwiches , turkey enchiladas , turkey potpies — soup may well be both the most widespread and the most variable. It’s definitely among the coziest. at 1203 (quoting 4 Nimmer on Copyright § 13.05[A][1][b]). Varsity Brands , 137 S.Ct.

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IP Intellectual Property Fair Use Trademark 52

LexBlog IP

JANUARY 5, 2022

In this case, the Supreme Court of Texas held that a government entity may reproduce, display, and utilize a copyrighted work for its own benefit without paying any compensation to the copyright owner. Copyrights have also been viewed as personal property in much the same way, as have trade secrets. See CCC Info. 1073 (2019).

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. On March 13, the Delhi High Court granted an ex parte interim injunction in Markets and Markets Research Pvt. Meticulous Market Research Pvt.

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IP Copyright Trademark Intellectual Property 124

43(B)log

AUGUST 12, 2021

Continuity with other areas of law; greater unanimity; Breyer-Ginsburg split becomes less important. GvO is a win for fair use (good) but also a bad application of textualism to copyrightability. Then the dissent says you’re overriding congressional policy by applying fair use.

Copyright 44

Copyright Fair Use Copying Music 44

43(B)log

NOVEMBER 8, 2023

The Court’s conclusion that a defendant’s use as a trademark obviates the need for any further consideration of the First Amendment makes sense, if at all, only as a strong form of the rule that commercial speech receives significantly less protection that other forms of speech, combined with an incredibly expansive definition of commercial speech.

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Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. There’s a fair amount to unpack here, so let’s start with the facts, which I’ve compiled from my review of court files in both New York and California. LFP , Inc. ,

Copyright 80

Copyright Derivative Work Fair Use Social Media 80

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment?

Copyright 120

Copyright Blogging Publishing Fair Use 120

43(B)log

APRIL 7, 2023

Moderator: Martin Senftleben, University of Amsterdam Copyright Law and/or/vs. a ‘Brussels Effect’ for the Digital Services Act Jennifer Urban, Berkeley Law School The Brussels Effect claim is descriptive, not predictive—can it apply to the DSA? Highly developed, longstanding sectoral systems put in place over hundreds of years.

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Art Copyright Settlement Moral Rights 44