TorrentFreak

SEPTEMBER 2, 2024

That was perceived as an attempt to bring the matter to an end but on unacceptable terms; no recognition of Parrish’s right to use the material under the doctrine of fair use and a potentially devastating effect on raising awareness and future criticism of the religious group. Factors of Fair Use A.

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Likelihood of Confusion

DECEMBER 27, 2024

Walter Olson rounds it up: Ralph Lauren lawyers: dont you dare reproduce our skinny-model photo in the course of criticizing our use of skinny models [BoingBoing] With photoshop, evidently, quite a bit! Here’s an excerpt from […] The post The skinny on fair use appeared first on LIKELIHOOD OF CONFUSION.

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IP and Legal Filings

MARCH 19, 2025

The defense concluded that the case was without merits, thus not violating copyright laws. Thus, in such cases, copyright laws would favor the producer if the BTS Footage was created as part of the production process. The dispute shares a similarity with Ilaiyaraaja’s copyright case. [1] 1] Llaiyaraja v.

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IP Watchdog

FEBRUARY 1, 2024

In the latest salvo, the New York Times Company sued Microsoft and OpenAI – the creator of ChatGPT – for infringement under the federal Copyright Act. Fair use is a defense to a claim of copyright infringement that must be affirmatively invoked by the accused infringer.

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The Illusion of More

APRIL 7, 2022

On March 18th, Senators Tillis and Leahy of the IP Subcommittee introduced the SMART Copyright Act. The post Addressing Fair Use Rhetoric in Debate Over SMART Act appeared first on The Illusion of More. For a detailed description […]. For a detailed description […].

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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.

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IP Law 360

MAY 12, 2022

A sketch comedy group on Thursday successfully convinced a New York federal judge that its play "Vape: The Musical" is a parody of the film version of the musical "Grease" and is therefore protected under copyright law's fair use doctrine.

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IPilogue

MAY 26, 2022

The Act states that copyright owners are entitled to “damages and profits of the infringer that are attributable to the infringement.”. An artist who fails to acquire permission from the copyright owner can use the ‘fair use’ defence. The fair use defence is rarely used in music sampling cases.

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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.

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Intepat

APRIL 27, 2025

World IP Day serves as a globally significant occasion to celebrate the power of intellectual property in fostering innovation and creativity across diverse industries. Copyright law serves as the bedrock of Music IP, safeguarding the original artistic expressions embodied in musical compositions and sound recordings.

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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. Watch the episode on YouTube at this link.

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IPilogue

NOVEMBER 11, 2021

This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very first international speaker from outside the United States. That anyone’s use of a copyright-protected work infringes the copyright owner’s property.

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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. Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. Akshat Agrawal. In Ashdown v.

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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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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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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.

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IPilogue

JULY 18, 2022

Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use. As an avant-guard artist of his time, Warhol used the mechanical process of copying to challenge the conventional notion of art. Copyright, in the simplest terms, is “ the right to copy.”

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IP and Legal Filings

JUNE 12, 2023

Since copying was for the purpose of criticism, it amounted to fair dealing and did not constitute infringement of the copyright. Author: Tanya Saraswat, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing. References Civic Chandran v/s C.

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IP Law 360

MARCH 22, 2023

A Tenth Circuit panel had tough questions on Wednesday for Netflix over whether copyright law's fair use protections cover the streaming giant's hit show "Tiger King" and its use of YouTube video footage that showed the funeral of Travis Maldonado, the husband of the show's star, Joe Exotic.

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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.

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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 and Legal Filings

APRIL 19, 2022

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957. MySpace Inc.

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Intepat

DECEMBER 18, 2024

Yet, the rapid rise of podcasting has left many creators overlooking critical legal considerations specific copyright licensing. From background music and guest interviews to sound effects, every element in a podcast could involve intellectual property (IP). For instance, in Campbell v. Acuff-Rose Music, Inc.

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SpicyIP

JANUARY 29, 2025

Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur, and loves books and IP. In the first part of the post, we dealt with the relevant background, wherein I stated that it is useful to see any GenAI model as being located within an AI supply chain. Is Training of GenAI Models Fair Use?

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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.

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JD Supra Law

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. By: Weintraub Tobin

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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.

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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 (..)

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SpicyIP

JUNE 19, 2022

The IP Reveries series is an experimental ‘fun’ series set in an imaginary classroom where we are using a dialogue format to raise questions and discussions around IP that traditionally don’t find a place to get voiced either due to long standing assumptions, or due to being seen as ‘too trivial’ to discuss in more formal settings.

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LexBlog IP

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.

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Kluwer Copyright Blog

MARCH 26, 2025

The commercial teaching kit use the artists works in their entirety and encouraged the students to create their own art based on them. Case date:18 September 2024 Case number:No.

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IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms.

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IP Law 360

JUNE 7, 2024

Circuit on Friday reversed a lower court's decision that had rejected two industry groups' challenge to a final rule that categorized medical device diagnostic procedures and repairs as fair use exemptions to U.S. copyright law.

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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.

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SpicyIP

MAY 1, 2023

Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University, Raipur. After making an argument for the need of regulating AI from an IP perspective in Part I , Part II of the post focuses on the different aspects which can be regulated to develop a responsible and ethical AI. private or personal use).

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SpicyIP

FEBRUARY 3, 2025

(This post has been co-authored with SpicyIP Intern Aditi Agrawal and Bharathwaj Ramakrishnan) Here is our recap of last weeks top IP developments including summary of the posts on taking stock of ANI vs OpenAI copyright litigation (Part I and II), and Machine Unlearning and the ANI vs OpenAI case. Is training of GenAI models fair use?

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SpicyIP

JANUARY 31, 2025

The Centre for Intellectual Property Research and Advocacy [CIPRA] of Symbiosis Law School, Hyderabad is organizing its first blog writing competition in collaboration with us on the theme of Literature, Journalism and IP. Send your submissions by February 19 and read on below for the guidelines!

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