Copyright Notice Fair Use Marketing 
Plagiarism Today
OCTOBER 19, 2022
First off today, Ernesto Van der Sar at Torrentfreak writes that the RIAA has submitted its recommendations to the United States Trade Representative (USTR) regarding international notorious markets for piracy. The Notorious Markets report is an annual report by the USTR that identifies international markets that enable piracy.
Velocity of Content
OCTOBER 19, 2023
The 1976 Act brought in many aspects of copyright with which we are now familiar, including codifying fair use in Section 107 (it previously had been applied on a common law basis). Harper & Row brought suit and The Nation argued that publishing the excerpts was a fair use.
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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.
Technology & Marketing Law Blog
FEBRUARY 15, 2025
Also curious: the court doesn’t discuss a fair use defense at all. For example, 17 USC 401(d) says the innocent infringement doctrine isn’t available when the work displayed a copyright notice, which I have to assume was the case with the forms at issue given how carefully the plaintiff handled its IP management.
Technology & Marketing Law Blog
MARCH 29, 2023
The CCB in the Final Determination sidesteps that issue, and looks to Prutton’s two defenses: fair use and unclean hands. Fair Use: From my perspective, the fair use analysis is what I’ve been waiting for. The citations for the basics of fair use do come from 9th circuit cases. 2020), cert.
Technology & Marketing Law Blog
JUNE 17, 2023
¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage.
Dear Rich IP Blog
SEPTEMBER 17, 2024
Is it still considered copyright infringement to use them? How do you tell if materials are public domain or fit under fair use? law, a copyright owner does not need to include a copyright notice on published works, nor does the owner need to post notices barring the use of the work.
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