Copyright Law, Fair Use and Publishing - Intellectual Property Pulse

South Africa Rejects Copyright Lobby Critique, Defends Broad ‘Fair Use’ Exceptions

TorrentFreak

JULY 27, 2024

The African Growth and Opportunity Act A few weeks ago, the IIPA published its views on the latest eligibility review of the African Growth and Opportunity Act ( AGOA ). IIPA is concerned that South Africa isn’t doing enough to deter copyright infringement. to use it as a basis for sanctions. This process, led by the U.S.

Fair Use

Fair Use Copyright Government Copyright Law

Copyright Fair Use for Education

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.

Fair Use

Fair Use Copyright Privacy Copying

Toei YouTube Blitz Shows That ‘Law of Content ID’ Can Trample Fair Use

TorrentFreak

DECEMBER 9, 2021

By the time he published his latest video, the number of videos taken down by Toei had exceeded 150, a library that represents almost three years’ work. Cries of ‘Fair Use’ In thousands of social media posts, comments and numerous articles posted since Mark’s announcement, a common theme persists.

Fair Use

Fair Use Law Copyright Copyright Law

EFF Assists Critic’s Fair Use Defense Over Kids’ Religious Program ‘Leak’

TorrentFreak

SEPTEMBER 2, 2024

Parrish Publishes LifeWise’s Children’s Curriculum, LifeWise Sues In the belief that the curriculum contains information supportive of the opposition group’s cause, Parrish obtained a copy of the closely-guarded documents and, in the public interest, posted them publicly online.

Fair Use

Fair Use Copyright Law Publishing Copyright

Publishers Secure Widespread Support in Landmark Copyright Battle With Internet Archive

TorrentFreak

MARCH 25, 2024

Publishers vs. Internet Archive The self-scanning service offered by the Internet Archive (IA) differs from the licensing agreements entered into by other libraries. Not all publishers are happy with IA’s approach, resulting in a major legal battle two years ago.

Publishing

Publishing Copyright Fair Use Intellectual Property Law

Watch Tower vs. McFree: Nonprofit Defends Critic’s Fair Use & Anonymity Rights

TorrentFreak

MARCH 19, 2022

Since 2017, the Watch Tower Bible and Tract Society, the supervising body and publisher for the Jehovah’s Witness religious group, has filed more than 70 DMCA subpoena applications in the United States. However, Watch Tower is still pursuing a parallel copyright infringement lawsuit against McFree in another court. Until now, that is.

Fair Use

Fair Use Copyright Infringement Litigation Copyright

The Art Critic’s Role in Fair Use

Patently-O

APRIL 3, 2022

As part of that process, VF obtained a license from Goldsmith, but only for the limited use “as an artist’s reference in connection with an article to be published in Vanity Fair Magazine.” The published article acknowledges Goldsmith. As part of that process, Warhol created a set of 16 Prince prints. 17 U.S.C. §

Fair Use

Fair Use Art Licensing Publishing

Copyright in the Age of Bots

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. Fixing the Issue.

Copyright

Copyright Fair Use Copyright Law Law

Understanding the Pearson v. Chegg Copyright Infringement Lawsuit

Plagiarism Today

SEPTEMBER 15, 2021

Yesterday, news broke that Pearson Education, the largest publisher of textbooks in the world, has filed a lawsuit against the website Chegg alleging widespread copyright infringement of its content on the site. As a result, Pearson is suing Chegg alleging copyright infringement. Chegg’s Potential Defenses.

Copyright Infringement

Copyright Infringement Copyright Derivative Work Fair Use

3 Count: Matrix Arbitration

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.

Fair Use

Fair Use Reporting Plagiarism Copyright

Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws?

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 ?

Copyright Law

Copyright Law Copyright Fair Use Law

Internet Archive Says Publishers Get Lending Program Wrong

IP Law 360

SEPTEMBER 6, 2022

The Internet Archive is doubling down on its defense that its program for a lending library of digitized books is protected by copyright law's fair use doctrine, telling a New York federal judge that the major publishers seeking to shut it down are painting an inaccurate picture of what it does.

Publishing

Publishing Fair Use Copyright Law Copyright

World Kung Fu Governing Body Uses Copyright Law to Hunt Down YouTube Critics

TorrentFreak

AUGUST 6, 2021

This can include uploads with appropriate licensing or content posted within the guidelines of ‘fair use’, including criticism or parody, for example. Aside from the summary comments from the Judge based on Missingham’s transcripts, there are also some clues in the YouTube video URLs published in the judgment.

Government

Government Copyright Law Copyright Law

The Intersection of Copyright Law and Online Education

IP and Legal Filings

JULY 29, 2024

These works are covered by the legal concept of copyright, which gives the author a set of enforceable rights over the use of his/her work. This protection enables the author or owner to determine who has the right to produce, publish, or exhibit the work in order to get the deserved credit and income.

Copyright Law

Copyright Law Copyright Law Copyright Infringement

3 Count: Server Tested

Plagiarism Today

AUGUST 2, 2021

District Court Judge Jed Rakoff has issued a controversial ruling denying the “server test” of copyright law and ruling that embedding images can be an infringement of copyright law. The judge also ruled against Sinclair on the issue of fair use, saying that it was too early in the case to rule on that issue.

Copyright Infringement

Copyright Infringement Licensing Reporting Copyright Law

As Publishers Beat Internet Archive, Are Libraries The Real Losers?

Copyright Lately

SEPTEMBER 8, 2024

A court win against the Internet Archive has publishers celebrating, but what does it mean for the future of public libraries and digital access? It’s a clear win for publishers, but for public libraries—and the millions who rely on them for access to digital books—the ruling may signal more troubling times ahead. Hachette v.

Publishing

Publishing Copying Fair Use Licensing

Does AI Replace Human Creators?

Plagiarism Today

NOVEMBER 13, 2024

A new study published in the Harvard Business Review examines the impact of AI systems on human creators. The answers are not encouraging. The post Does AI Replace Human Creators? appeared first on Plagiarism Today.

Plagiarism

Plagiarism Publishing Business Fair Use

End of the Line for Controlled Digital Lending Theory

The Illusion of More

SEPTEMBER 5, 2024

IA asks this Court to bless the large scale copying and distribution of copyrighted books without permission from or payment to the Publishers or authors.

Fair Use

Fair Use Copyright Law Copying Publishing

How Fair Use Favors OpenAI in the ANI Lawsuit

IP and Legal Filings

DECEMBER 23, 2024

INTRODUCTION AND CONTEMPORARY RELEVANCE Ever since ANI filed a lawsuit against OpenAI for alleged infringement of its copyright, existing discrepancies in the legal framework surrounding its permissible bounds have cropped up, and policymakers all over hope to receive much-needed clarity on the issue through the medium of this verdict.

Fair Use

Fair Use Derivative Work Journalism Copyright Infringement

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

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

Fair Use Derivative Work Blogging Licensing

The Doctrine of Fair Use in Copyright Law

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

Fair Use Copyright Law Copyright Law

Second Circuit Holds That the Internet Archive's Controlled Digital Book Lending Is Not a Fair Use Under Copyright Law, a Major Victory for Publishers

JD Supra Law

SEPTEMBER 12, 2024

The Second Circuit Court of Appeals delivered a resounding victory to the publishing industry on Wednesday, September 4, 2024, in Hachette Books v. Internet Archive, holding that the Internet Archive's "controlled digital lending" program violated copyright law.

Copyright Law

Copyright Law Publishing Fair Use Copyright

RightsClick Offers Simplified Copyright Management

Plagiarism Today

AUGUST 10, 2022

Users simply upload their work to RighsClick with all the relevant information about them, including the title of the work, the date it was created, whether it is published or unpublished and who the author is. . For example, if you publish a collection of photographs at once you only have to input one change for all the works.

Copyright

Copyright Cease and Desist Registration Designs

Can I Publish Interior Photo of Museum Without Permission?

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.

Publishing

Publishing Fair Use Artwork Copyright

Authors & Copyright Scholars Back ‘Internet Archive’ in Landmark Legal Battle

TorrentFreak

DECEMBER 22, 2023

Publishers vs. Internet Archive The self-scanning service is different from the licensing deals other libraries enter into. Not all publishers are happy with IA’s approach which triggered a massive legal battle two years ago. The publishers didn’t listen to these concerns.

Copyright

Copyright Fair Use Publishing Marketing

There’s More to Copyright Than Financial Incentives, Internet Archive Argues in Court

TorrentFreak

APRIL 23, 2024

The organization doesn’t license authorized digital copies from publishers; instead, its books are scanned and digitized in-house. Lawsuit and Appeal Internet Archive believes that its approach falls under fair use but publishers Hachette, HarperCollins, John Wiley, and Penguin Random House disagree.

Copyright

Copyright Fair Use Copying Publishing

Think Kiwi Farms Is Legally Unassailable? Copyright Law Might Disagree–Greer v. Moon

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? He self-published a book about the experience (“ Why I Sued Taylor Swift and How I Became Falsely Known as Frivolous, Litigious and Crazy “). Copyright Law Might Disagree–Greer v.

Copyright Law

Copyright Law Copyright Law Copyright Infringement

Book Review: Music Borrowing and Copyright Law

The IPKat

FEBRUARY 28, 2024

This is a review of Music Borrowing and Copyright Law, a Genre-by-Genre Analysis , edited by Enrico Bonadio (City, University of London) and Chen Wei Zhu (University of Birmingham). Details: Published: 2023 Format: Hardback, Ebook (PDF) Extent 704 ISBN 9781509949403 Imprint Hart Publishing Publisher Bloomsbury Publishing

Music

Music Copyright Law Law Copyright

Takedown Services Under Copyright Law

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.

Copyright Law

Copyright Law Copyright Law Copyright Infringement

October 19, 1976 – President Gerald Ford Signs the “New” Copyright Act…and Much More

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.

Copyright

Copyright Fair Use Copyright Law Copyright Notice

YouTube Needs a Copyright Specialist To Handle ‘High-Risk’ Takedowns

TorrentFreak

MARCH 27, 2022

When coupled with the Lumen Database there are ample opportunities to research the copyright takedown landscape but there is an important omission. At no point has Google ever published the detailed takedown requests it receives for YouTube. Copyright Operations Specialist. Handling ‘High-Risk’ Internal Escalations.

Copyright

Copyright Fair Use Copyright Law Advertising

Photographs Taken 91 Years Ago Still in Conflict Today

IPilogue

FEBRUARY 28, 2023

The United States Court of Appeals for the Ninth Circuit reversed a 2019 federal district court’s ruling that held a French court’s ruling was unenforceable due to a conflict in copyright laws between the countries. In 1991, Wofsy, with permission from Picasso’s estate , published De Fontrbrune’s images in “The Picasso Project”.

Fair Use

Fair Use Copyright Copyright Infringement Copyright Law

Men Arrested For Transcribing Godzilla Minus One, Posting Details to a Website

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.

Fair Use

Fair Use Social Media Copyright Copyright Infringement

Former Copyright Office GC Tells House IP Subcommittee His Counterpart Got It Wrong on AI Fair Use

IP Watchdog

MAY 25, 2023

Copyright Office General Counsel. The letter was published in full on the Copyright Alliance website.

Fair Use

Fair Use Copyright Intellectual Property Copyright Law

Legal Analysis Of Copyright Issues In YouTube And Other Social Media Content

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

Social Media Copyright Fair Use Intellectual Property

IPSC Closing Plenary: Fair Use After Warhol

43(B)log

AUGUST 9, 2024

Is this relevant to fair use? Satire involves using the same style to clothe different ideas; therefore it shouldn’t infringe (lack of substantial similarity as in the Greatest American Hero case; German case law; perhaps the jury’s reasoning in the Kat von D case). W/o fair use, these tools are far more limited.

Fair Use

Fair Use Marketing Marketing Licensing

Copyright News to Watch

The Illusion of More

MARCH 18, 2024

Publishers File Brief in Response to Internet Archive Appeal On Friday, the publishers in Hachette, et al. IA maintains that its practice of “Controlled Digital Lending” is not copyright infringement under the doctrine of fair use despite the […] The post Copyright News to Watch appeared first on The Illusion of More.

Copyright

Copyright Fair Use Copyright Infringement Publishing

Copyright Parody Exception Denied Due to Defendant’s Discriminatory Use

TorrentFreak

JANUARY 17, 2024

is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. Acuff-Rose sued members of hip hop group 2 Live Crew, claiming that their track “Pretty Woman” infringed the label’s copyright in the Roy Orbison song, “Oh, Pretty Woman.”

Copyright

Copyright Derivative Work Fair Use Reporting

Jake Paul Fight Lasted 119 Seconds, H3 Podcast Copyright Battle Hits 124 Weeks

TorrentFreak

OCTOBER 1, 2023

In our brave new world where millions of ordinary people are copyright holders of snaps they publish to social media or videos they upload to YouTube, awareness of copyright law is at an all-time high. The Klein’s emerged victorious from a lawsuit in 2017 after mounting a successful fair use defense.

Fair Use

Fair Use Copyright Copying Copyright Infringement

The Doctrine of Fair Use: All You Need To Know

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

Fair Use Copying Copyright Marketing

Use of Warhol’s Prince Image Found Not to Be Sufficiently Transformative for Fair Use

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

Fair Use Derivative Work Copyright Law Art

Internet Archive's Fair Use Defense Falls Short

BYU Copyright Blog

OCTOBER 7, 2024

Internet Archive's Fair Use Defense Falls Short Fair Use,Literary Works,Infringement Found October 07, 11:03 AM October 07, 11:03 AM On May 15, 2024, we published a post about an important legal dispute between the Internet Archive (IA) and the publisher Hachette, along with other major publishers (the Publishers").

Fair Use

Fair Use Copying Publishing Licensing

RIAA Sues Suno & Udio AI Music Generators For ‘Trampling’ on Copyright

TorrentFreak

JUNE 24, 2024

” The purpose of these lawsuits, stated separately yet identically in each, is to enforce two basic principles: AI technology is not exempt from copyright law and AI companies must play by the rules. ” As far as the labels are concerned, defenses based on fair use are inapplicable here.

Music

Music Copyright Fair Use Copying

45 Years Ago Today, a New US Copyright Act Became the Law of the Land

Velocity of Content

OCTOBER 19, 2021

The Copyright Act of 1976 became Public Law number 94-553 on October 19, 1976 and went into effect (as scheduled) as Title 17 of the United States Code on January 1, 1978. The new Copyright Act was the fourth general revision of copyright law since the original Act of 1790.

Copyright

Copyright Law Fair Use Public Domain

South Africa Rejects Copyright Lobby Critique, Defends Broad ‘Fair Use’ Exceptions

Copyright Fair Use for Education

Trending Sources

Toei YouTube Blitz Shows That ‘Law of Content ID’ Can Trample Fair Use

EFF Assists Critic’s Fair Use Defense Over Kids’ Religious Program ‘Leak’

Publishers Secure Widespread Support in Landmark Copyright Battle With Internet Archive

Watch Tower vs. McFree: Nonprofit Defends Critic’s Fair Use & Anonymity Rights

The Art Critic’s Role in Fair Use

Copyright in the Age of Bots

Understanding the Pearson v. Chegg Copyright Infringement Lawsuit

3 Count: Matrix Arbitration

Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws?

Internet Archive Says Publishers Get Lending Program Wrong

World Kung Fu Governing Body Uses Copyright Law to Hunt Down YouTube Critics

The Intersection of Copyright Law and Online Education

3 Count: Server Tested

As Publishers Beat Internet Archive, Are Libraries The Real Losers?

Does AI Replace Human Creators?

End of the Line for Controlled Digital Lending Theory

How Fair Use Favors OpenAI in the ANI Lawsuit

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

The Doctrine of Fair Use in Copyright Law

Second Circuit Holds That the Internet Archive's Controlled Digital Book Lending Is Not a Fair Use Under Copyright Law, a Major Victory for Publishers

RightsClick Offers Simplified Copyright Management

Can I Publish Interior Photo of Museum Without Permission?

Authors & Copyright Scholars Back ‘Internet Archive’ in Landmark Legal Battle

There’s More to Copyright Than Financial Incentives, Internet Archive Argues in Court

Think Kiwi Farms Is Legally Unassailable? Copyright Law Might Disagree–Greer v. Moon

Book Review: Music Borrowing and Copyright Law

Takedown Services Under Copyright Law

October 19, 1976 – President Gerald Ford Signs the “New” Copyright Act…and Much More

YouTube Needs a Copyright Specialist To Handle ‘High-Risk’ Takedowns

Photographs Taken 91 Years Ago Still in Conflict Today

Men Arrested For Transcribing Godzilla Minus One, Posting Details to a Website

Former Copyright Office GC Tells House IP Subcommittee His Counterpart Got It Wrong on AI Fair Use

Legal Analysis Of Copyright Issues In YouTube And Other Social Media Content

IPSC Closing Plenary: Fair Use After Warhol

Copyright News to Watch

Copyright Parody Exception Denied Due to Defendant’s Discriminatory Use

Jake Paul Fight Lasted 119 Seconds, H3 Podcast Copyright Battle Hits 124 Weeks

The Doctrine of Fair Use: All You Need To Know

Use of Warhol’s Prince Image Found Not to Be Sufficiently Transformative for Fair Use

Internet Archive's Fair Use Defense Falls Short

RIAA Sues Suno & Udio AI Music Generators For ‘Trampling’ on Copyright

45 Years Ago Today, a New US Copyright Act Became the Law of the Land

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