IP and Legal Filings

JULY 29, 2024

This puts educators in a rather fragile position where they risk violating the rights of copyright owners in their endeavours of enriching their teaching with a variety of materials. This legal insecurity puts the platforms in a defensive position to block potentially more content that may actually be allowed for fair use or fair dealing.

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Plagiarism Today

AUGUST 10, 2022

As such, many creators either neglect their work’s copyright protection or pay someone else to handle it, often at great cost. The reason for this is simple, the systems for organizing, registering and enforcing copyrights were, by in large, designed for large copyright holders. Though they provide a link to the U.S.

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Copyright Lately

DECEMBER 29, 2024

Ignoring the technical and practical realities of modern online content sharing risks turning every casual social media user into a potential copyright defendant. Chicken Joes earns its spot on my list of the years worst copyright decisions. Fair Use Declawed. law in generalapplies only to domestic rights.

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Copyright Social Media Cease and Desist Fair Use 119

Technology & Marketing Law Blog

NOVEMBER 16, 2024

The defendant published a bio on Sewell and included one of McDermott’s photos–apparently sourced from an unrelated Instagram account (possibly another infringer, or perhaps that account has a fair use defense?). McDermott, represented by the Sanders Law Group, sued KMC for copyright infringement.

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Copyright Settlement Licensing Litigation 102

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 69

Velocity of Content

OCTOBER 27, 2024

As lawsuits mount against AI companies over copyright infringement – most recently with Dow Jones and NY Post suing Perplexity AI for “massive illegal copying,” Microsoft’s CEO Satya Nadella calls for more flexible copyright laws. ” This analogy fundamentally mischaracterizes how LLMs work.

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Fair Use Copying Copyright Infringement Copyright 52

Copyright Lately

OCTOBER 20, 2024

At trial, American focused primarily on its trademark infringement and unfair competition claims, arguing that Skiplagged misled consumers by making itself appear like an authorized agent of the airline, in part by using American’s logo in ways that could cause confusion. Here, the jury sided with the airline, awarding $4.7

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Copyright Fair Use Social Media Business 88

TorrentFreak

MARCH 27, 2022

Dealing with most claims this way provides efficiency for YouTube but there are times when algorithms get things wrong or complex issues such as determining instances of ‘fair use require input from human beings. Copyright Operations Specialist. To this end, Google/YouTube is now seeking to boost its already massive team.

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Copyright Fair Use Copyright Law Advertising 145

Velocity of Content

OCTOBER 19, 2023

The culmination of a decades-long effort, and well before the Digital Millennium Copyright Act and Copyright Term Extension Act were passed in 1998, the 1976 Copyright Act ushered in a new era of copyright law in the United States. Nation Enterprises.

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Copyright Fair Use Copyright Law Copyright Notice 116

The IPKat

DECEMBER 21, 2021

This review of Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty by Tito Rendas, is brought to you by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales. Instead, he proposes a new standard which is rooted in the CJEU’s existing jurisprudence.

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Copyright Law Law Copyright Fair Use 116

Intepat

DECEMBER 18, 2024

This article explores the essentials of copyright licensing in podcasting, debunks common myths, examines relevant case laws, and provides actionable steps to ensure compliance while maintaining creative freedom. Additionally, if the use does not harm the market value of the original work, it is more likely to be considered fair use.

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Licensing Copyright Public Domain Music 52

Kluwer Copyright Blog

MARCH 10, 2025

Image via Pixabay We have so far seen a considerable (and increasing) discussion on AI and copyright infringement, especially in terms of how current exceptions such as TDM and fair use apply and whether new exceptions or remuneration models are needed. It will depend on how AI developers designed and trained the algorithm.

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Copying Fair Use Copyright Law Copyright 52

Nelligan Law

FEBRUARY 20, 2024

Today, tattoos serve as deeply intimate expressions of identity and selfhood, with each design narrating a unique tale and mirroring the innermost musings, sentiments, and escapades of the wearer. In the realm of tattoo artistry, the tango between creativity and copyright law is a delicate affair, riddled with complexities and nuances.

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Copyright Fair Use Copyright Law Settlement 105

LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work.

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Fair Use Derivative Work Copyright Law Art 52

TorrentFreak

DECEMBER 22, 2023

According to the Authors Alliance, IA’s digital ebook library is a prime example of a service that should be permitted to operate as fair use, as it benefits both writers and readers. “Libraries have always been free under copyright law to lend materials they own as they see fit.

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Copyright Fair Use Publishing Marketing 140

The IP Law Blog

APRIL 8, 2021

Finding Google’s copying a fair use, the Supreme Court ended Oracle’s decade-long attempt to recover copyright damages. The battle began between these tech giants when Google designed its Android software platform for mobile devices, such as smartphones. Weighing the fair-use factors, the Court found in Google’s favor.

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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

Copyright Lately

JANUARY 23, 2024

A first-of-its-kind copyright infringement trial is scheduled to begin today in Los Angeles. Like the tattoo at issue in the case, the lawsuit is poised to leave a lasting impression, not only on copyright law, but the entire multi-billion-dollar tattoo industry.

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Social Media Fair Use Copyright Infringement Copying 143

Dear Rich IP Blog

AUGUST 3, 2022

But if you can't get permission, you may have a reasonable fair use argument. Reproducing the image without the copyright owner's permission is an infringement unless you can claim fair use. Architectural copyright. If the museum is new (built after 1990), copyright law protects the building's design.

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Publishing Fair Use Artwork Copyright 97

Michael Geist

DECEMBER 3, 2024

The claim is sprinkled with the most obvious reason: the Canadian media companies want a settlement that involves OpenAI paying licence fees for the inclusion of their content in its large language models and the lawsuit is designed to kickstart negotiations. Thus far, many of the lawsuits elsewhere have largely failed: a U.S.

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Settlement Copyright Licensing Copyright Infringement 113

SpicyIP

FEBRUARY 28, 2025

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Though a recipient of widespread international popularity for its cost-effectiveness in accessing varied entertainment, news and sports content, the use of IPTV technology has always been clouded by legal challenges.

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IP Copyright Infringement Copyright Copyright Law 59

TorrentFreak

FEBRUARY 17, 2022

These videos are often around 10 minutes in length but rather than giving a flavor of a movie to whet the appetite, they are designed to give away entire plotlines and necessarily include spoilers. The other suspects who were arrested last summer all pleaded guilty to criminal breaches of Japan’s copyright law.

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Editing Cinema Copyright Law Copyright 145

Technology & Marketing Law Blog

MAY 17, 2024

But it won on a different and, in many respects, much broader legal theory: conflict preemption with copyright law. A Brief Recap on Contract Preemption To appreciate the significance of this opinion, let’s revisit the law of copyright preemption. The Copyright Act includes an express preemption clause, 17 U.S.C. §

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Blogging Contracts Fair Use Copyright Law 130

Copyright Lately

AUGUST 22, 2021

Back in May, I wrote about an overzealous copyright infringement lawsuit filed by Rachel Dolezal , the woman best known for mispresenting her racial background. The complaint raised concerns that Dolezal was using copyright law to purge the historical record of her controversial past, while seeking substantial monetary damages in the process.

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Copyright Fair Use Design Designs 95

IPilogue

DECEMBER 9, 2022

In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of the tattoos. Final Call, Inc.,

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Fair Use Copying Licensing Copyright 111

IIPRD

MARCH 5, 2025

Upon independent and less human intervention by a machine in making the work, one expects a built-in gap in the legal design. This has to do with the application of copyright to works made through AI. Copyright Act regulates the works which are created by humans only.

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Copyright Intellectual Property Copyright Law Artwork 52

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. Skull arm design. Bible verse design. Upper back design.

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Fair Use Design Designs Licensing 90

Kluwer Copyright Blog

FEBRUARY 2, 2023

These include (and may be limited to) Hong Kong ( section 11(3), Copyright Ordinance ), India (section 2(d)(vi), Copyright Act, 1957 ), Ireland ( Art. We will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.”

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Copyright Art Registration Fair Use 145

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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Technology & Marketing Law Blog

NOVEMBER 21, 2021

The board says the unregistrable emoji animations “include a familiar heart design and some very minimal amount of motion, which is de minimis and thus unprotectable by U.S. copyright law. The red color adds to the familiar and predictable nature of the heart designs. As the heart breaks, it tilts to the right.

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Copyright Registration Fair Use Design 126

IP and Legal Filings

SEPTEMBER 29, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

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Copyright Law Copyright Law Copyright Infringement 52

IPilogue

OCTOBER 28, 2021

Copyright Creeping into Costumes. In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made.

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Intellectual Property Designs Design Copyright 115

IP and Legal Filings

OCTOBER 4, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

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Copyright Law Copyright Law Fair Use 52

SpicyIP

FEBRUARY 3, 2025

Taking Stock of ANI vs OpenAI Copyright Litigation- Part II How exactly does a LLM learn from training data? Is training of GenAI models fair use? Read the second part of Bharathwaj Ramakrishnans post on the ANI vs OpenAI Copyright Litigation, analysing the issues framed by the Delhi HC.

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Copyright Trademark Litigation Copyright Infringement 95

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

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IP Law 360

MARCH 24, 2025

George Santos were designed to be satirical jokes, and their rebroadcast by ABC comedian Jimmy Kimmel was not a transformative work protected by the copyright law's fair use doctrine, Santos' attorney told the Second Circuit on Monday. Cameo videos recorded by former U.S.

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Copyright Lately

OCTOBER 6, 2024

That’s because copyright law poses significant hurdles when it comes to real-life stories, and the line between fact and fiction isn’t always as clear-cut as it may seem. In that case, the court ruled in Adjmi’s favor because 3C was a parody of the sitcom and protected by fair use.

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