Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir.

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Fair Use Privacy Copyright Technology 132

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. Getty Images , Newgrounds , and PurplePort ).

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Copyright Art Fair Use Registration 145

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. Why is this happening?

Music 52

Music Fair Use Copyright Reporting 52

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. The local news could then take photos of the shirt to use in a story about what a lousy dad I am. 17 U.S.C. § You get the idea.

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Copyright Derivative Work Artwork Fair Use 95

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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Plagiarism Social Media Copyright Fair Use 263

Copyright Lately

DECEMBER 29, 2021

But the Ninth Circuit held that expert testimony “would be particularly useful” in determining the extent to which the plaintiffs’ claimed similarities were in fact “pirate-movie tropes” and remanded the case. Wilmott Storage Services. I wrote back in September about the Ninth Circuit’s ruling in Bell v.

Copyright 112

Copyright Fair Use Social Media Copying 112

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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Fair Use Copying Television Social Media 96

TorrentFreak

MAY 16, 2022

After researching thousands of DMCA notices and reporting on hundreds of copyright lawsuits, more often than not it takes just a few seconds or minutes to broadly establish the purpose of any action. Neither does the group chase down people who share its music in a friendly way on social media or file-sharing networks.

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Fair Use Copyright Litigation Music 118

The IPKat

DECEMBER 20, 2023

by Despoina Dimitrakopoulou Recently, the news of reggaeton mega-star Bad Bunny's eloquently put disappointment spread on social media, bringing up interesting questions concerning music creation using AI. Will our copyright laws be ready to keep up and protect the humans that made music in the first place?

Music 72

Music Social Media Copying Derivative Work 72

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

Music 84

Music Copyright Copying Copyright Law 84

Technology & Marketing Law Blog

AUGUST 1, 2023

In other words, the gist of the case is whether the photographers surrender their right to exclude others by voluntarily posting their own photos to social media. The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use. 3d at 1160.

Blogging 96

Blogging Copying Social Media Copyright 96

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.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

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]

Copyright Infringement 98

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

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. This left only the fair use defense remaining for the jury.

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Fair Use Designs Design Licensing 81

Copyright Lately

APRIL 3, 2023

The future of “controlled digital lending” is in doubt after a court rules that the Internet Archive’s online library is not protected by fair use. Instead, IA argued that its conduct was protected by fair use. A New York federal judge has ruled in favor of four leading U.S.

Fair Use 72

Fair Use Copying Publishing Copyright 72

Copyright Lately

APRIL 19, 2022

Over the past quarter-century, transformative use has become shorthand for fair use itself. When I first heard that the Supreme Court had agreed to take up the fair use fight over Andy Warhol’s “Prince Series,” my first reaction was “Oh wow.”. Fair use is supposed to be about balance and flexibility.

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Fair Use Art Copyright Social Media 77

Kluwer Copyright Blog

MARCH 6, 2023

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. 3 and 4) and in Singapore’s new Copyright Act (Art. 243, 244), seek to protect the ability of text and data mining researchers to use copyrighted content in their work. 3d 87 (2d Cir.

Copyright 115

Copyright Social Media Publishing Licensing 115

Velocity of Content

AUGUST 10, 2022

In the aftermath of Brexit, many publishers were wondering if the UK — with its strong tradition of supporting the rights of publishers, authors, and artists — would provide another voice in defense of copyright. Having just read a new report from the UK’s Intellectual Property Office (IPO), this tradition is at serious risk.

Law 116

Law Licensing Publishing Intellectual Property 116

Copyright Lately

MAY 21, 2021

The man in the photo, whom Dolezal previously identified as “my dad” in social media posts, was later revealed to be Albert Wilkerson Jr. , After a local Spokane news reporter asked Dolezal point blank “Are you African American?,” who had worked with Dolezal but was not her father.

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

Copyright Lately

OCTOBER 25, 2021

But Lewis thought the song was a rip-off of “I Want a New Drug” and asserted a copyright infringement claim against Columbia Pictures. The studio settled quietly out of court, so there’s no reported decision in this one. The 13 spookiest, Halloweeniest copyright cases that I could think of.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

TorrentFreak

DECEMBER 20, 2023

Recurring news that another established and popular content creator faces copyright issues on YouTube is something the world will have to get used to. Two screenshots, featuring copyright claims against a long list of his older videos, were headed by, “I’m getting too old for this.” What About Fair Use?

Fair Use 84

Fair Use Copyright Social Media Content Creation 84

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 112

IP Copyright Trademark Intellectual Property 112

43(B)log

NOVEMBER 8, 2023

In Jack Daniels, the Court claimed that the likely confusion test “does enough work to account for the interest in free expression” in the context of trademark uses. Thinks the lower courts will still gravitate to Rogers in traditional expressive use cases, not product cases. But products can be expressive, some will say!

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

APRIL 7, 2023

Moderator: Martin Senftleben, University of Amsterdam Copyright Law and/or/vs. a ‘Brussels Effect’ for the Digital Services Act Jennifer Urban, Berkeley Law School The Brussels Effect claim is descriptive, not predictive—can it apply to the DSA?

Art 45

Art Copyright Settlement Moral Rights 45

LexBlog IP

APRIL 20, 2022

As described here in a previous post: The United States Court of Appeals for the Second Circuit rejected an artistic intent or purpose test for fair use on March 26, 2021, in The Andy Warhol Foundation v. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. at 7-9) were transformative.,”

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52