Technology & Marketing Law Blog

MAY 17, 2024

It lost for two reasons: one grounded in contract law and the other external. First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. They scraped X’s platform to sell the data.

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Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. Fair Use Precedent? Google Books and Transformative Use The past two decades have seen a wealth of technological developments, but generative AI is qualitatively different from everything that has come before. copyright law. However, the U.S.

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Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

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Derivative Work Copyright Law Copyright Law 105

Intepat

JANUARY 8, 2024

Navigating the Intellectual Property Rights Dilemma The clash between The New York Times, OpenAI, and Microsoft unfolds in the realm of intellectual property law. In light of the Copyright Act of 1976 (United States), like The New York Times, creators have the exclusive right to reproduce, distribute, and display their works.

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Copyright Fair Use Derivative Work Intellectual Property 52

LexBlog IP

JULY 24, 2023

Authors Guild was a copyright case concerning fair use in copyright law and the transformation of printed copyrighted books into an online searchable database through scanning and digitization. Under the fair use doctrine of the U.S. Under the fair use doctrine of the U.S.

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Copyright Infringement Copyright Fair Use Copying 52

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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Intepat

JULY 11, 2024

Show’s Perspective The show argues that copyright laws necessitate action against unauthorized usage to protect their intellectual property rights and brand identity. These rules aim to prevent copyright infringement while allowing limited promotion of show appearances. In the case of Myspace Inc.

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Copyright IP Social Media Copyright Law 52

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

There are certain exceptions to copyright infringement that can be used as a shield in such cases. Firstly, the exception of fair use. One has to check if the way in which the photograph is being used falls within the scope of fair use.

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TorrentFreak

APRIL 7, 2024

Fingerprint, Find, and Report New York-based tech company WebKyte recognizes the potential and has developed a technology that might be able to fill the gap one day. WebKyte is certainly not a newcomer to the copyright scene. Several of these services have been listed in the USTR’s overview of notorious piracy markets.

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Copying Copyright Infringement Fair Use Social Media 92

Kluwer Copyright Blog

OCTOBER 3, 2023

It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). 2000) (“ copying an entire work militates against a finding of fair use. ”).

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The IPKat

FEBRUARY 20, 2024

In a recent decision (original Spanish here: link ) Barcelona's Ninth Mercantile Court (the Court) ruled in favour of Mango in a lawsuit brought against it by the Spanish copyright society VEGAP over the creation of NFTs based on the works of three well-known Catalan artists, finding that Mango could rely on available defences.

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Moral Rights Artwork Fair Use Copyright 73

Copyright Lately

MAY 17, 2021

Parody is tricky, both as an art form and as a matter of copyright law. And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. Did SNL go too far?

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Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. Leaving the law aside, generative AI triggered some backlash in 2022.

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LexBlog IP

JULY 22, 2021

For example, Vice reported on a Beverly Hills police officer breaking out his phone and playing over a minute of Sublime’s “Santeria” when the officer discovered that his interaction with a well-known LA-area activist was being live-streamed by the citizen via Instagram.

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Music Fair Use Copyright Reporting 52

The IPKat

NOVEMBER 22, 2023

This report is provided by Aiswarya Deepa Padmakumar , Simon Parayemkuzhiyil Abraham , and Aashish Murali Krishnan who attended the session and are students of mine pursuing their Masters in Law at Brunel University London. The principle of copyright is the same, but the context is slightly different.

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Intellectual Property Copyright Fair Use Government 95

Velocity of Content

MAY 1, 2024

Legal & Copyright Issues With that technical background, the discussion moved to legal and copyright issues. Gervais noted that copyright law and the rights of copyright holders have adapted to new technologies as they have been developed and commercialized over the centuries.

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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.

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Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. TL;DR: a copyright takedown notice that doesn’t meet the elements of 512(c)(3) cannot give rise to a 512(f) clam.

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Technology & Marketing Law Blog

JANUARY 3, 2023

31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense. UMG Recordings, Inc.

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Copyright Social Media Copyright Infringement Publishing 94

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e.,

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Copyright Art Copyright Law Licensing 121

IPilogue

SEPTEMBER 29, 2021

The legal question at the center of the dispute is whether Warhol’s series is fair use of Goldsmith’s original photograph. A permissible derivative creation, or fair use, requires transformative changes made to the original. On the other hand, Warhol’s great commercial success was the choice of the market.

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Copyright Infringement Copyright Art Fair Use 105

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. You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression?

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SpicyIP

OCTOBER 28, 2022

As reported on Entrackr , Pocket FM has filed a copyright infringement case against Kuku FM before the Delhi High Court. Pocket FM alleges that Kuku FM has violated its copyright by providing audio summaries of books to which Pocket FM has exclusive rights to create audiobooks. Image from here. The matter is still being heard.

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Copyright Copyright Infringement Licensing Fair Use 126

IP Tech Blog

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

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Copyright Lately

MAY 1, 2023

” On April 26, UMG held an earnings call in which it reported that revenues rose 11.5% It’s a new issue and there’s been some fresh reporting on it with some recent developments. First of all, in terms of copyright, to reiterate our very clearly articulated position. year over year to $2.71

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Music Copyright Copying Copyright Law 84

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. 29, 2013), [link]. [ii] 277 (2020). [iv]

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Copyright Infringement Copyright Intellectual Property Blogging 98

LexBlog IP

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Kluwer Copyright Blog

APRIL 8, 2024

Image by Gerd Altmann from Pixabay The sweeping evolution of generative AI models is rapidly reshaping the legal landscape of copyright. In the EU, TDM activities have relied on explicit exempting provisions enshrined in the Directive on Copyright in the Digital Single Market ( CDSMD ).

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IP and Legal Filings

JULY 21, 2022

If copyright protection is applied rigidly, it will hamper progress of the society. However, copyright laws were enacted with necessary exceptions and limitations to ensure that a balance is maintained between the interests of the owners and of the community. No educational institution applied for any licenses till now.

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Copyright Licensing Higher Education Copying 90

The IPKat

DECEMBER 20, 2023

This song called "NostalgIA" (IA standing for “Inteligencia Artificial” in Spanish) was created by account user “FlowGpt”, using the voices of Bad Bunny, Justin Bieber, and Daddy Yankee. The song, and specifically the part of Bad Bunny´s voice and style of lyrics, was reported by his fans to be so much like Bad Bunny that had them fooled.

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The IPKat

OCTOBER 3, 2022

If we get a critical mass of replies, IPKat will be delighted to report on them in a future post. In part two of Bird & Bird's DSM Directive webinar series, there will be voices from different markets, including the UK, Italy, Denmark and the Netherlands. More information, programme, and registration are available here.

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Traverse Legal Blog

OCTOBER 20, 2022

Trademark infringement and copyright infringement are risks which you need to assess before you buy an NFT or use a linked digital asset. This post is going to discuss the defense of “Fair Use” to a copyright infringement lawsuit or threat letter. What is a Fair Use Defense to a Copyright Infringement Claim?

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Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

SpicyIP

JULY 5, 2021

It noted that “ despite relevant University Ordinances stipulating access …, the prerogative lies with the University to withhold one such thesis in absolute confidentiality on the grounds of commercial viability and market competition. ”. detailed progress reports, pre-Phd presentations, Viva voce etc). Fair Use and Public Interest.

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SpicyIP

OCTOBER 27, 2023

False urgency is a marketing tactic that creates a false sense of scarcity to pressure consumers into making a purchase, often resulting in dark patterns, limited stock, and unexpected delivery. Misuse of copyrighted content: It also includes misuse of copyrighted material, such as using images or content without permission to mislead users.

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JIPL Online

MARCH 19, 2021

Because Twitch hosts this third party-created video content, like other similar online service providers (or “OSPs”), it is subject to the provisions of the Digital Millennium Copyright Act. The Digital Millennium Copyright Act (the “DMCA”) is a 1998 amendment to U.S. 6, 2021). [iv]

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Music Copyright Licensing Fair Use 76

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 136

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. Of most concern is the difficulty of adapting the framework to future technological change.

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Copyright Law Law Copyright Fair Use 111