IP and Legal Filings

FEBRUARY 15, 2023

The availability of a large variety of information has also increased the risk of Copyright Infringement due to its easy accessibility and dissemination. This has led to varying degrees of copyright infringements in this digital era.

Copyright Law 98

Copyright Law Copyright Law Social Media 98

The IP Law Blog

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. She emphasized that both uses were commercial in nature, making them substantially similar in purpose.

Fair Use 98

Fair Use Derivative Work Artwork Copyright Law 98

Kashishipr

OCTOBER 27, 2021

Intellectual Property Protection over an API. There has been a long-standing debate about the different modes of safeguarding an API through the laws on patents, copyright, and trade secrets. Copyright and APIs. Google , the Federal Circuit Court held that the Java API in question was copyrightable.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Law Fair Use 98

Indiana Intellectual Property Law

JUNE 1, 2023

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use. Continue reading

Fair Use 97

Fair Use Derivative Work Artwork Copyright Infringement 97

IP Law 360

FEBRUARY 13, 2025

A Delaware federal court's rejection of a company's fair use defense for using copyrighted material to train an artificial intelligence program is a key moment in the clash between copyright law and AI development, as both intellectual property owners and tech companies seek favorable judicial guidance.

Fair Use 64

Fair Use Intellectual Property Copyright Law Copyright 64

IP Law 360

OCTOBER 20, 2022

Apple will argue next week at the Eleventh Circuit that a judge wrongly held that a startup's "virtual" version of Apple's iPhone to detect bugs is covered by copyright law's fair use doctrine, a fight that digital rights groups are closely watching.

Fair Use 75

Fair Use Intellectual Property Copyright Law IP 75

Intepat

FEBRUARY 3, 2025

However, even though fanfiction is fun and fosters a sense of community, it can raise legal issues under copyright law. In India, this leads to questions about copyright infringement, fair use, and how fanfiction fits into intellectual property (IP) law. In countries like the U.S.,

Intellectual Property 52

Intellectual Property Copyright Law Copyright Law 52

SpicyIP

NOVEMBER 17, 2023

We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. About Intellectual Property Rights Intellectual properties are the manifestation of digital revolution that fuels 21st century technologically-driven economies.

Intellectual Property 105

Intellectual Property Technology IP Law 105

The IP Law Blog

JULY 9, 2021

They provide a recap of last week’s episode , which covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use.

Fair Use 98

Fair Use Litigation Blogging IP 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.

Fair Use 94

Fair Use Copyright Television Copying 94

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Goldsmith counterclaimed for copyright infringement. It found that all four fair use factors weighed against fair use. [12]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

IP and Legal Filings

JANUARY 2, 2025

Copyright law is in charge of controlling how literary, artistic, and theatrical works, among others, are used. The law of copyright regulates the activities of copying and disseminating the words of someone who has copyright over something online without that person’s consent.

Social Media 97

Social Media Copyright Fair Use Intellectual Property 97

TorrentFreak

MARCH 25, 2024

Internet Archive’s theory of fair use represents a threat just as grave.” ” According to the amici, there is nothing fair about IA’s digital library; instead, they see it as “unambiguous copyright infringement.”

Publishing 144

Publishing Copyright Fair Use Intellectual Property Law 144

Technology & Marketing Law Blog

JUNE 20, 2023

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. This has important implications for the doctrine of fair use.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

IP Law 360

MAY 30, 2023

Copyright Office has penned a letter to the House Judiciary's intellectual property subcommittee taking aim at comments made by another former general counsel of the office at a hearing on the impact of artificial intelligence on copyright law. The former general counsel of the U.S.

Fair Use 75

Fair Use Copyright Intellectual Property Copyright Law 75

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.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

Intepat

DECEMBER 18, 2024

In 2024, Indian courts delivered several landmark judgments in the field of intellectual property (IP), addressing challenges that range from traditional trademark disputes to modern issues like copyright in AI training and digital piracy. Copyright Judgments AI and Copyright Law : Asian News International v.

Intellectual Property 52

Intellectual Property Trademark Copyright Television 52

IP Watchdog

MAY 25, 2023

In response to last week’s hearing of the House of Representatives’ Subcommittee on Courts, Intellectual Property and the Internet about the impact of artificial intelligence (AI) on copyright law, former Copyright Office General Counsel, Jon Baumgarten, submitted a letter this week to the Subcommittee expressing his concerns with the testimony of (..)

Fair Use 72

Fair Use Copyright Intellectual Property Copyright Law 72

LexBlog IP

MAY 24, 2023

Warhol’s use of Prince’s photo (taken by Lynn Goldsmith) was not entitled to fair use. The Court found that Goldsmith’s earlier photo and Andy Warhol’s use served the same commercial purpose – as a magazine illustration. I am not so sure. Take a look a the illustration above.

Fair Use 52

Fair Use Artwork Intellectual Property Copyright Law 52

Chicago-Kent Intellectual Property Journal Blog

MAY 12, 2023

copyright law, … The post Compliance and Alignment: Ensuring Generative AI Stays Within the Bounds of Fair Use appeared first on Chicago-Kent | Journal of Intellectual Property.

Fair Use 52

Fair Use Journalism Intellectual Property Copyright Law 52

The IP Law Blog

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Further, only a modicum, or small amount, of creativity is required for copyright protection to attach. That is not the case.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

LexBlog IP

JULY 17, 2023

These are all questions that complicate copyright laws which require that a work be original in order to be protected intellectual property. Authorship Attributing authorship is essential to determining who has legal rights to the intellectual property in question and who is entitled to copyright protections.

Intellectual Property 52

Intellectual Property Art Artwork Moral Rights 52

The IPKat

APRIL 3, 2023

The IPKat has received and is pleased to host a guest contribution by Desmond Oriakhogba on the new Copyright Act 2022 signed into law by Nigeria's President. The reform process is now complete with the recent assent to the Bill, as the Copyright Act 2022, by the Nigerian President.

Copyright 128

Copyright Intellectual Property Fair Use Copyright Law 128

The IP Law Blog

MARCH 2, 2023

But according to a variety of AI technology companies, the practice of using copyrighted materials to train an artificial intelligence platform constitutes fair use under United States copyright law. Goldsmith case that is currently before the Supreme Court.

Copyright Infringement 104

Copyright Infringement Copyright Fair Use Technology 104

LexBlog IP

SEPTEMBER 25, 2023

Fair Use needs to be more predictable. Here is a quick list of 5 items that should be considered “fair use” under the copyright laws. This should be codified as a “Fair Use Bill of Rights.” using a short 5-second audio or video clip, sound effect, music clip, etc.)

Fair Use 52

Fair Use Music Copyright Law Copyright 52

IP Law 360

MARCH 16, 2023

A New York federal judge will consider next week whether copyright law's fair use doctrine protects the Internet Archive's lending library of digitized books or if the nonprofit is committing what publishers call "digital piracy on an industrial scale."

Fair Use 75

Fair Use Intellectual Property Copyright Law IP 75

LexBlog IP

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. She emphasized that both uses were commercial in nature, making them substantially similar in purpose.

Fair Use 52

Fair Use Derivative Work Artwork Copyright Law 52

JIPEL Copyright Blog

MARCH 21, 2022

In the face of public backlash, Nintendo released a statement describing Slippi as a mod that violates their intellectual property. ROMs which are possessed or distributed without the copyright holders’ permission likely violate copyright law in various ways. tournament circuit beginning in 2022.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

The IP Law Blog

JULY 30, 2021

In this week’s episode of the Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss recent news stories reporting that police officers played copyrighted music during filmed encounters, ostensibly to keep the videos from being uploaded to the Internet. Watch this episode on the Weintraub Tobin YouTube channel, here.

Music 98

Music Copyright Fair Use Copyright Law 98

Chicago-Kent Intellectual Property Journal Blog

NOVEMBER 4, 2021

All [four statutory factors] are to be explored, and the results weighed together, in light of the purposes of copyright.’”[1] 1] The fair use defense in copyright law is very flexible … The post Two Kinds of Fair Use: The Unintended Effect of Google v.

Fair Use 40

Fair Use Journalism Intellectual Property Copyright Law 40

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.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

LexBlog IP

DECEMBER 6, 2021

A comprehensive guide to intellectual property and legal protections for software technology. When considering how to secure your software product from potential theft or infringement, it is essential to understand the key forms of legal protection offered under Intellectual Property (IP) law.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

Traverse Legal Blog

OCTOBER 20, 2022

Non fungible tokens (NFTs) , the latest vehicle for capturing, linking to and licensing intellectual property. NFTs are being used in all forms of entertainment, gaming, art and science. Intellectual property should be registered with the USPTO or Copyright office to receive maximum protection.

Non-Fungible Tokens 40

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

Larson & Larson

JUNE 21, 2021

Without a shred of doubt, copyright law envisages the protection of the copyright holder’s rights. The most common limitation where the exclusive rights of a copyright holder can be limited fall under the doctrine of fair use- a defense against copyright infringement. What is Fair Use?

Fair Use 52

Fair Use Copying Copyright Marketing 52

The IP Law Blog

JUNE 16, 2023

Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Scott Hervey and Tara Sattler talk about this decision on this episode of The Briefing by the IP Law Blog. Supreme Court ruled in Andy Warhol Foundation v. Listen to this podcast episode here.

Fair Use 52

Fair Use Blogging Law IP 52

IP and Legal Filings

OCTOBER 12, 2023

This is where protection of intellectual property comes into the picture. In most European languages other than English, copyright is widely known as the ‘Author’s right. Legal Perspective Copyright protection of individual recipes and their publication specifically remain unaddressed by the Indian Judiciary and Legislation.

Copyright 98

Copyright Intellectual Property Ownership Fair Use 98

LexBlog IP

MAY 22, 2023

The Supreme Court ruled on May 18 that Andy Warhol’s “Orange Prince” work of pop art was not a fair use when licensed to Condé Nast in 2016. Although this landmark copyright decision is hot off the presses, the facts date back to 1981 when the underlying photograph was first shot. § 107 ).

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52