Patently-O

APRIL 3, 2022

Apparently Vanity Fair commissioned Warhol to make an illustration for its 1984 article on Prince. 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.” 17 U.S.C. §

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Kluwer Copyright Blog

NOVEMBER 22, 2021

Promoting research and access to its products has always been a core purpose of copyright law, often expressed in limitations and exceptions for research uses. Empirical scholarship has highlighted the positive impact on scholarship of copyright exceptions for TDM and of more “open” exceptions for research uses.

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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. The Court refers to it more specifically as a “user’s right”.

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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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Copyright Law Copyright Law Social Media 98

IP and Legal Filings

JUNE 12, 2023

Introduction The word ‘parody’ refers to work that uses humor as a means to critique, ridicule, or expose the flaws in existing work. Since copying was for the purpose of criticism, it amounted to fair dealing and did not constitute infringement of the copyright. References Civic Chandran v/s C.

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Copyright Law Copyright Law Copyright Infringement 105

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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Copyright Law Copyright Law Copyright Infringement 104

Kluwer Copyright Blog

APRIL 8, 2024

This has been commonly referred to as TDM or “ text and data mining ”, one of the building blocks of machine learning and internet search technology. 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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Copyright Lately

DECEMBER 29, 2024

But what the court referred to as an obscene tirade hardly warranted ordering Chicken Joe’s to pay a whopping $27,336.32 Ignoring the technical and practical realities of modern online content sharing risks turning every casual social media user into a potential copyright defendant. Fair Use Declawed. Netflix, Inc.

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Copyright Social Media Cease and Desist Fair Use 118

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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SpicyIP

JANUARY 7, 2025

Image from here There is a certain hypocrisy in arguing that training models on the publics data is fair use but then seeking to prevent others from doing the same thing. Various Suits have been filed against these companies, arguing that the training process violates copyright protection. ( USA , Germany , Canada ).

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Traverse Legal Blog

OCTOBER 24, 2024

For non-celebrities, it can prevent emotional distress caused by unauthorized use of their identity. International Variations: Similar rights exist in other countries, often referred to as “personality rights” or “rights of persona.” Sony Music Entm’t, Inc. , 3d 1134, 1145 (9th Cir.

Social Media 98

Social Media Copyright Infringement Copyright Law 98

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 111

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? The court says the defendants waived any fair use defense by briefing it inadequately. This ruling shows how copyright law could be a Kiwi Farms killer–no legal reform required. Greer] money.”

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Copyright Law Copyright Law Copyright Infringement 115

SpicyIP

FEBRUARY 17, 2025

The Court has granted summary judgment in respect of 2,830 headnotes belonging to Thomson Reuters and admittedly used by Ross Intelligence to train its Natural Language Processing and Artificial Enabled Legal Research tool, finding Direct Copyright Infringement and rejecting fair use. But, first, Some History!

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Copying Fair Use Copyright Copyright Law 69

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. Both authors frame their work by reference to the debate over legal standards and rules.

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Copyright Law Law Copyright Fair Use 116

Copyright Lately

OCTOBER 20, 2024

At trial, American focused primarily on its trademark infringement and unfair competition claims, arguing that Skiplagged misled consumers by making itself appear like an authorized agent of the airline, in part by using American’s logo in ways that could cause confusion. Here, the jury sided with the airline, awarding $4.7

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Copyright Fair Use Social Media Business 86

SpicyIP

JANUARY 29, 2025

In this post, I will discuss the last two issues and the two contentions I referred to in the first part. Is Training of GenAI Models Fair Use? The training aims to build a GenAI model that can respond accurately to prompts distinct from the purposes for which any copyrighted work might be created.

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Litigation Copyright Fair Use Copyright Law 59

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.

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Copyright Law Copyright Law Copyright Infringement 97

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. The plaintiffs argued that the book has a commercial purpose, which weighs against fair use.

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Fair Use Copyright Copyright Infringement Copyright Law 105

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. In the many years that have since passed, the 1976 Act has been updated many times.

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Copyright Fair Use Copyright Law Copyright Notice 116

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, Andy Warhol not only used Ms. Goldsmith et al, Case No.

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Fair Use Derivative Work Copying Licensing 57

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.”

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Copyright Derivative Work Fair Use Reporting 141

Copyright Lately

JANUARY 23, 2024

A first-of-its-kind copyright infringement trial is scheduled to begin today in Los Angeles. Like the tattoo at issue in the case, the lawsuit is poised to leave a lasting impression, not only on copyright law, but the entire multi-billion-dollar tattoo industry. The Good, the Bad and the.

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Social Media Fair Use Copyright Infringement Copying 142

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.

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Fair Use Marketing Marketing Licensing 59

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 138

43(B)log

OCTOBER 16, 2024

2, 2024) ASTM, which produces technical standards, sued UpCodes for providing free online access to unauthorized copies of ten ASTM standards, all of which have been incorporated by reference into state and local legal codes. ASTM sought a preliminary injunction based on its copyright and trademark claims, which the court denied.

Law 59

Law Fair Use Copying Publishing 59

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.

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Fair Use Derivative Work Copyright Law Art 52

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 ).

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Fair Use Art Derivative Work Copyright Infringement 52

Michael Geist

DECEMBER 3, 2024

The companies aren’t hiding the ball as there are repeated references along the lines of “ at all times, Open AI was and is well aware of its obligations to obtain a valid licence to use the Works. It has already entered into licensing agreements with several content creators, including other news media organizations.”

Settlement 113

Settlement Copyright Licensing Copyright Infringement 113

LexBlog IP

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, Andy Warhol not only used Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Copyright Lately

JUNE 2, 2022

In a 30-page order, the district court largely denies both parties’ motions for summary judgment, finding triable issues on substantial similarity and fair use. and High Voltage Tattoo) asked the court to determine that the use of Sedlik’s photo as a reference image qualified as a fair use of the copyrighted work.

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Fair Use Social Media Copyright Copyright Infringement 109

The IP Law Blog

APRIL 8, 2021

Finding Google’s copying a fair use, the Supreme Court ended Oracle’s decade-long attempt to recover copyright damages. In designing the mobile platform, Google independently developed most of the code but copied what the parties referred to as “declaring code” for 37 application programming interfaces, or APIs.

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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 Copyright Infringement Copyright Copyright Law 59

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Although privacy invasion has been the main topic of discussion in this virtual context, there is another issue at hand: copyright infringement. The rights of speakers, organisers, and participants under Indian copyright law will be discussed in this Article, which will explore copyright concerns connected to webinars.

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Fair Use Ownership Licensing Copyright 52

TorrentFreak

FEBRUARY 22, 2024

The motion is centered around the statute of limitations but IA also stressed the importance of their archiving efforts, hinting that it would be eligible for a fair use defense. ” Fair Use? As such, its archiving effort should be able to rely on a fair use defense.

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Copying Licensing Fair Use Cease and Desist 123

TorrentFreak

MAY 27, 2024

In addition, the company specifically rejects the use of the term “ shadow library ” to describe sites such as Bibliotik, LibGen, Z-Library, Sci-Hub, and Anna’s Archive. The company lists several affirmative defenses, including an absence of copyright infringement displaced by fair use.

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Copyright Infringement Copyright Fair Use Copying 128

IP and Legal Filings

MARCH 5, 2025

This means, even though news items cannot be allowed copyright protection as per Article 1(8) of the Berne Convention, fake news which has an element of originality (as they depict an event that did not take place), can merit copyright protection.” 10] Ibid. [11] 11] Ibid. [12] 15] Ibid. [16] 16] Ibid.

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Personality Rights Privacy Journalism Copyright 84