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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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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Plagiarism Today

AUGUST 2, 2021

1: Manhattan Judge Rejects ‘Server Test’ for Internet Copyright Infringement. First off today, Blake Brittain at Reuters reports that U.S. 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. Let me know via Twitter @plagiarismtoday.

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Copyright Lately

DECEMBER 29, 2024

In a January 2024 report and recommendation later adopted by the court , the magistrate judge found that the repost infringed the plaintiff’s display right simply because it shows a copy of the photo on Chicken Joes social media account. Chicken Joes earns its spot on my list of the years worst copyright decisions. Netflix, Inc.

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TorrentFreak

JANUARY 31, 2025

Earlier this week, various rightsholder groups submitted their recommendations for the 2025 Special 301 Report. copyright protection standards. Various groups stressed the importance of copyright protection when it comes to new AI technologies. The problem, however, is that copyright holders never gave permission to use it.

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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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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. That would mark a yawning gap between two copyright regimes, opening a new chapter in this old tale and potentially disadvantaging would-be European generative AI providers.

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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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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.

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Intepat

NOVEMBER 19, 2024

In today’s world, copyright laws are essential for protecting creative works like books. For business owners, publishers, and sellers, understanding copyright can prevent legal issues and ensure fair use of content. Copyright grants the author or creator exclusive rights to use, distribute, and sell their work.

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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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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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SpicyIP

JANUARY 29, 2025

Is Training of GenAI Models Fair Use? We Might Know Soon The 3rd issue framed by the Court will deal with the question of fair use, wherein the question is whether using the plaintiff’s data or copyrighted content constitutes fair use under Section 52 of the Copyright Act.

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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.

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The IP Law Blog

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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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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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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TorrentFreak

MARCH 27, 2022

Those wanting to learn how many DMCA notices have been sent to Google over the past few years need look no further than the copyright section of its vast and constantly updated Transparency Report. Copyright Operations Specialist. To this end, Google/YouTube is now seeking to boost its already massive team.

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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. Instead, he proposes a new standard which is rooted in the CJEU’s existing jurisprudence.

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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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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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Kluwer Copyright Blog

JANUARY 20, 2022

At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art. In 2012, US NASA’s robotic rover touched down on Mars.

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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

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?

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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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Intepat

FEBRUARY 3, 2025

However, even though fanfiction is fun and fosters a sense of community, it can raise legal issues under copyright law. In India, this leads to questions about copyright infringement, fair use, and how fanfiction fits into intellectual property (IP) law. What is Fair Use (or Fair Dealing) in India?

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Intepat

DECEMBER 25, 2024

While the raw data within a database may not be eligible for copyright protection, the originality involved in selecting, organizing, or arranging the data can bring a database under the scope of copyright law. The issue was whether the editorial contributions qualified for copyright protection as original works.

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Copyright Intellectual Property Copyright Law Fair Use 52

SpicyIP

JULY 29, 2021

As most readers must be aware by now, the Parliamentary Standing Committee Report on India’s IP regime has revealed a problematic, maximalist approach to IP protection, showing no more than a tokenistic appreciation of public interest considerations. According to the AISHE Report 2019-20, 66.3% Watering down Section 52(1).

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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.

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Plagiarism Today

DECEMBER 14, 2021

A major “get” for YouTube, Ahgren was lured away from Twitch by YouTube only to have one of his first streams shuttered over an alleged copyright issue. According to YouTube’s Copyright Transparency Report , the site receives more than 4 million copyright claims every day.

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TorrentFreak

FEBRUARY 23, 2022

For the purpose of this report, however, we’ll home in on the copyright issues faced by Reddit during the last year and how the site responded to them. Copyright Removals. We removed 665,898 pieces of content in response to these takedown notices,” the company reveals in the latest edition of its transparency report.

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TorrentFreak

FEBRUARY 17, 2022

According to CODA , on February 15 the Miyagi Prefectural Police Headquarters Living Environment Division and the Shiogama Police Station arrested a man on suspicion of violating copyright law. yen (US$13,000). The anti-piracy group doesn’t name the suspect but from the details it’s clearly Takasugi who was detained.

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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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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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TorrentFreak

MAY 27, 2024

The company published its latest quarterly results last week, reporting $26 billion in revenue; a 340% increase compared to two years ago. The company lists several affirmative defenses, including an absence of copyright infringement displaced by fair use.

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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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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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