LexBlog IP

JUNE 7, 2023

The “context shifting” fair use cases then of Vanderhye , Google Books , and Hathi Trust therefore not only remain good law, but the precise perimeters delineating the context-shifting doctrine still appear quite vast. ” (S. ” Andy Warhol Foundation for Visual Arts, Inc. ” Id. See generally A.V. Vanderhye v.

Fair Use 52

Fair Use Licensing Art Music 52

IP and Legal Filings

MAY 3, 2024

The law is an important part of protecting intellectual property and protecting creators’ rights to their original works. Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. It was considered a criminal offense.

Fair Use 95

Fair Use Copyright Privacy Copying 95

IP Intelligence

JUNE 6, 2023

The “context shifting” fair use cases then of Vanderhye , Google Books , and Hathi Trust therefore not only remain good law, but the precise perimeters delineating the context-shifting doctrine still appear quite vast. Carroll, Copyright and the Progress of Science: Why Text and Data Mining Is Lawful , 53 UC Davis Law Review 893, 2019.

Fair Use 40

Fair Use Licensing Art Music 40

Technology & Marketing Law Blog

JUNE 17, 2023

Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims. Plaintiffs’ claims for breach of the GitHub Privacy Policy and Terms of Service, violation of the CCPA, and negligence are dismissed with leave to amend. But not so, says the court.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

43(B)log

AUGUST 9, 2024

Satire involves using the same style to clothe different ideas; therefore it shouldn’t infringe (lack of substantial similarity as in the Greatest American Hero case; German case law; perhaps the jury’s reasoning in the Kat von D case). Campbell did involve targeting for criticism, but this isn’t the only kind of targeting in case law.

Fair Use 59

Fair Use Marketing Marketing Licensing 59

43(B)log

FEBRUARY 4, 2023

Justin Koo, Exporting Fair Use to Developing Copyright Systems Difficult to grow when the law doesn’t have flexibility—across the Commonwealth Carribean. A relatively new willingness to litigate, but lack of awareness/understanding of copyright law in Carribean is a barrier. Is a jury required to make the system work? [No!]

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

Kluwer Copyright Blog

MAY 20, 2024

The CJEU also seized the opportunity to pull the plug on then §24 of the German Copyright Act (UrhG), commonly known as the “free use” exception, contending that an open and flexible exception is irreconcilable with the self-contained list of exceptions provided by art. The current rules and case law on quotation and parody, including art.

Copyright Law 62

Copyright Law Law Copyright Derivative Work 62

Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. Wagging Tails contends that these materials are “unauthorized and infringing derivative works” based on its motion picture. In one notable case, Balsley v. LFP , Inc. ,

Copyright 80

Copyright Derivative Work Fair Use Social Media 80