The Illusion of More

JULY 11, 2024

In February 2023, I argued that using copyrighted works for the purpose of training generative artificial intelligence (GAI) products is not fair use.

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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.

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TorrentFreak

JULY 27, 2024

The annual list of ‘ notorious markets ,’ for example, is a well-known diplomatic mechanism to encourage other countries to up their enforcement actions and improve laws. The same is true for trade deals and other policies, which often require trade partners to take action in favor of copyright holder interests.

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JD Supra Law

SEPTEMBER 15, 2023

The increasing sophistication of generative artificial intelligence (AI) has had widespread effects on fields ranging from art and film to law and healthcare.

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IP Law 360

AUGUST 19, 2024

A New York federal judge said Monday that the fair use exception to copyright law is fatal to former U.S. George Santos' suit against ABC and Jimmy Kimmel over video clips that the late-night TV show host tricked the ex-congressman into making.

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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.

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TorrentFreak

JUNE 22, 2022

Soon after and in mysterious circumstances, copyright law entered the equation. On October 29, 2020, a business entity called Bayside Advisory LLC contacted Twitter stating that since it owns the copyrights in the six photos, they should be taken down under the DMCA. DMCA Takedowns Followed by DMCA Subpoena.

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Plagiarism Today

SEPTEMBER 23, 2021

Copyright law was never meant to work this way. It is a law that was designed to let humans govern how other humans use content. However, they are an especially difficult one for copyright. Copyright law was written, quite deliberately, to allow for a lot of nuance and judgment.

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TorrentFreak

SEPTEMBER 2, 2024

The law says that this can only take place off-site, with teachers and authorities’ involvement limited to releasing children into the hands of third-party organizations for instruction elsewhere. “Copyright law is not a tool to punish or silence critics.

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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. Case Laws The first case in this regard is UTV Software Communication Limited v. and Ors.

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The Illusion of More

FEBRUARY 23, 2022

Fair Use Week. I still don’t know why this doctrine in copyright law should be observed on the calendar, let alone for a whole week carved out of Black History Month. But in 2013, some anti-copyright ideologues thought it should be a thing, so now it’s a thing. […]. Well, here we are again. Ninth annual.

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TorrentFreak

MARCH 19, 2022

After reviewing McFree’s videos, last month a New York judge denied the Watch Tower application declaring that McFree’s use of Watch Tower clips was permitted under fair use. However, Watch Tower is still pursuing a parallel copyright infringement lawsuit against McFree in another court. Until now, that is.

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TorrentFreak

NOVEMBER 16, 2021

The company demanded damages under copyright law claiming that the team “willfully and maliciously” copied, adapted and distributed its source code and other content without permission. Affirmative Defense – Fair Use. The doctrine of fair use bars the relief sought by Plaintiff,” the response adds.

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TorrentFreak

OCTOBER 31, 2024

Today’s social media users see copyright conflicts on a regular basis, but probably due to the way copyright is enforced, tend to view images and text as faiir game when compared to movies and music. In Japan, where the concept of fair use isn’t recognized, there’s arguably less cause for confusion.

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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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Copyright Alliance

NOVEMBER 30, 2023

As seen in parts 1 and part 2 of our blog series, where there is art, there are artists who love to push boundaries, particularly in copyright law. This is […] The post Copyright Cases Visual Artists Should Know: Part 3, Fair Use appeared first on Copyright Alliance.

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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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IP and Legal Filings

JULY 29, 2024

Moreover, these kinds of works, in most cases, have inadequate rights protection based on the existing laws of copyright. Most countries and regions do not have open-ended excuses through which instructors can rely on copyrighted items for teaching without violating the law.

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TorrentFreak

OCTOBER 7, 2021

Early September the defendants fired back with a motion to dismiss the “fatally defective” complaint, arguing that they only used a very small portion of the four-hour broadcast for the purposes of commentary and criticism, a key component of a fair use defense. Other Fair Use Factors Cannot Be Relied Upon.

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TorrentFreak

SEPTEMBER 28, 2023

The only claim that wasn’t contested by OpenAI is direct copyright infringement, which the company plans to address at a later stage. Among its arguments to dismiss the claims, the AI company cited fair use. “Fair use, of course, is an important—yet limited—feature of U.S. copyright law. .

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Patently-O

APRIL 3, 2022

Litigation ensued, and the basic question in the case is whether Warhol’s unlicensed uses constitute “fair use” under Section 107 of the Copyright Act. Here, in particular, Warhol argues that his use is so “transformative” of the original photographs that no license is needed.

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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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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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SpicyIP

OCTOBER 9, 2024

Internet Archive, our fellowship applicant Tanishka Goswami explains the implication of the decision on fair use. She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. What the Second Circuit’s “Fair Use” Analysis tells us ?

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TorrentFreak

FEBRUARY 6, 2025

Meta: Fair Use Last week, Meta filed a motion to dismiss the authors claim regarding Removal of Copyright Management Information as well as the claim of violating California Penal Code 502, arguing that neither was properly pled. . copyright law.

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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. Facebook Twitter LinkedIn WhatsApp The post Parody under the Copyright Law first appeared on IPLF. References Civic Chandran v/s C. Ammini Amma (1996) 16 PTC 329 (Ker.)

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Plagiarism Today

FEBRUARY 15, 2024

The Copyright Claims Board has handed three more determinations, including one fair use issue and two questions on damages. The post 3 New Copyright Claims Board Decisions appeared first on Plagiarism Today.

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IPilogue

MAY 26, 2022

Raenelle Manning is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Moten, a Texas pastor, filed a copyright infringement lawsuit against rapper Kanye West for incorporating a sample recording of his religious sermon into one of his songs. The fair use defence is rarely used in music sampling cases.

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The Illusion of More

JUNE 8, 2023

Goldsmith, she stated the following: If Warhol had used Goldsmith’s photo to comment on or critique Goldsmith’s photo, he might have availed himself of that factor’s benefit (though why anyone would be interested in that work is mysterious).

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Likelihood of Confusion

SEPTEMBER 16, 2021

First, this vintage LOC item: Fred von Lohmann of the EFF calls out YouTube: Fair use has always been at risk on YouTube, thanks to abusive DMCA takedown notices sent. The post The “Fair Use Massacre” (updated) appeared first on LIKELIHOOD OF CONFUSION™.

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JD Supra Law

JANUARY 30, 2023

HOW ANDY WARHOL IS STILL SHAPING AMERICAN COPYRIGHT LAW In October 2022, the U.S. Supreme Court heard arguments regarding whether pop artist Andy Warhol’s artwork made fair use of a photo of a music legend, Prince, in Andy Warhol Foundation for the Visual Arts, Inc. Lynn Goldsmith. By: McNees Wallace & Nurick LLC

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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

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Plagiarism Today

MAY 31, 2022

2: Amendment Passes to Grant Teachers Fair Use of Copyrighted Work Remotely. Next up today, Focus Taiwan reports that the Taiwan legislature has passed a new copyright law that would grant educators a fair use protection when using copyright-protected works via online classes.

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TorrentFreak

AUGUST 6, 2021

People who post copyrighted videos to sites like YouTube need to ensure they have the necessary rights to do so. This can include uploads with appropriate licensing or content posted within the guidelines of ‘fair use’, including criticism or parody, for example. ” Why the Videos Are Of Interest to IWUF.

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Plagiarism Today

SEPTEMBER 15, 2021

In short, it’s claiming that Chegg, in many cases, either directly copies the content or creates a thinly veiled derivative work based upon it, both of which are violations of copyright law. Fair Use: Since the questions at issue only make up a small portion of the textbooks at issue, Chegg may argue fair use.

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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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Technology & Marketing Law Blog

OCTOBER 17, 2023

But if you really want Kiwi Farms gone, have you considered using copyright law for its censorial power? “Kiwi Farms users provided a Google Drive link to a full copy of Mr. The court says the defendants waived any fair use defense by briefing it inadequately. CloudFlare’s block ). ” Ugh.

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