Technology & Marketing Law Blog

JANUARY 18, 2025

The plaintiff apparently owned the copyrights to both videos and sued XXL for copyrght infringement. Instead, XXL relied on a fair use defense, which works: Nature of use: “the video was the subject of the news story and because the article added new information and context about the contents of the video.”

Copyright 96

Copyright Social Media Licensing Fair Use 96

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 133

Fair Use Social Media Copyright Copyright Infringement 133

TorrentFreak

JUNE 22, 2022

Soon after and in mysterious circumstances, copyright law entered the equation. On October 29, 2020, a business entity called Bayside Advisory LLC contacted Twitter stating that since it owns the copyrights in the six photos, they should be taken down under the DMCA. DMCA Takedowns Followed by DMCA Subpoena.

Fair Use 145

Fair Use Copyright Infringement Copyright Copyright Law 145

TorrentFreak

MARCH 19, 2022

Someone on the internet has breached Watch Tower’s copyrights and, as a result, their true names and addresses should be handed over so that the group can seek remedy for infringement. However, Watch Tower is still pursuing a parallel copyright infringement lawsuit against McFree in another court. Watch Tower doesn’t care.

Fair Use 145

Fair Use Copyright Infringement Litigation Copyright 145

TorrentFreak

FEBRUARY 6, 2025

A class-action lawsuit filed by authors including Richard Kadrey, Sarah Silverman, and Christopher Golden is one such copyright infringement case. The authors accuse Meta of using their work without permission. Internally, Meta acknowledged that using this protocol was legally problematic,” the third amended complaint noted.

Fair Use 143

Fair Use Copyright Infringement Public Domain Copying 143

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. ” “As we explained to the court, Mr.

Fair Use 117

Fair Use Copyright Law Publishing Copyright 117

TorrentFreak

MARCH 25, 2025

Most of these cases allege that AI developers used copyrighted works to train LLMs without first obtaining authorization. This case has a clear piracy angle, as Meta used libraries of pirated books as training material. Meta admitted the use of these unofficial sources early on. terabytes from known pirate resources.

Fair Use 101

Fair Use Copyright Infringement Copying Copyright 101

SpicyIP

NOVEMBER 7, 2024

on text data mining and its interpretation as an exception to allegations of copyright infringement, SpicyIP Fellowship applicant Tanishka Goswami highlights the key findings of the Court and explores the probable lessons for Indian policymakers in harmonizing copyright with AI and innovation. Her previous post can be accessed here.

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

TorrentFreak

NOVEMBER 16, 2021

The company demanded damages under copyright law claiming that the team “willfully and maliciously” copied, adapted and distributed its source code and other content without permission. Affirmative Defense – Fair Use. The doctrine of fair use bars the relief sought by Plaintiff,” the response adds.

Fair Use 145

Fair Use Copying Copyright Copyright Law 145

Michael Geist

DECEMBER 3, 2024

Canada’s largest media companies, including the Globe and Mail, Toronto Star, Postmedia, CBC, and Canadian Press, came together last week to file a copyright infringement lawsuit against OpenAI, the owners of ChatGPT. Doubts About the Copyright Claims The copyright claims themselves will face a stiff challenge.

Settlement 113

Settlement Copyright Licensing Copyright Infringement 113

TorrentFreak

MARCH 11, 2025

In the race to build the most capable LLM models, several tech companies sourced copyrighted content for use as training data, without obtaining permission from content owners. This case has a clear piracy angle, as Meta used libraries of pirated books as training material.

Fair Use 93

Fair Use Copyright Infringement Copying Copyright 93

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?

Fair Use 115

Fair Use Copyright Reporting Licensing 115

TorrentFreak

OCTOBER 7, 2021

Triller initially alleged two types of copyright infringement, violations of the Federal Communications Act (FCA), conversion, and violations of the Computer Fraud and Abuse Act. According to Triller, the “stolen” clip used in the H3 episode contained a piece of information that undermines the defendants’ case.

Fair Use 136

Fair Use Copying Copyright Infringement Copyright 136

Technology & Marketing Law Blog

NOVEMBER 16, 2024

McDermott kept the copyright to those photo and granted NY Post a license. The article included multiple photos of Sewell, including the photo in question , and the Post apparently liked the image so much that they used a portion of the photo as the background for the newspaper cover that day (see screenshot at right).

Copyright 102

Copyright Settlement Licensing Litigation 102

JD Supra Law

JULY 13, 2022

Can internet service providers necessarily be compelled to unmask anonymous copyright infringers? In re DMCA § 512(h) Subpoena to Twitter, Inc., 20-80214 (N.D.

Fair Use 98

Fair Use Copyright Infringement Copyright Technology 98

TorrentFreak

FEBRUARY 20, 2022

Depending on opinion, the Watch Tower Bible and Tract Society, the supervising body and publisher for the Jehovah’s Witness religious group, either doesn’t like criticism, dislikes copyright infringement, or hates both. This means that opposing opinions become somewhat of a footnote when the group launches copyright infringement action.

Fair Use 117

Fair Use Copyright Infringement Copyright Publishing 117

Dear Rich IP Blog

JANUARY 9, 2023

May I use it? Is it public domain or fair use? Although state and local police are not prohibited from claiming copyright in their photos the answer depends on the state where the police department is located. When ruling on fair use, courts consider four factors. Public domain?

Public Domain 98

Public Domain Fair Use Privacy Publishing 98

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. The NEL was held to be a derivative work, and the Archive’s lending practices violative of copyright law.

Copyright Law 104

Copyright Law Copyright Fair Use Law 104

SpicyIP

MARCH 30, 2025

Continuing from his earlier post, where he explained the technical workings of Large Language Models vis-a-vis where different copyright questions arise, in this post Shivam Kaushik argues that LLMS are in effect interacting with non-expressive parts of the works in question. But is all use of the text protected by copyright?

Copyright 65

Copyright Fair Use Copyright Infringement Copying 65

IP and Legal Filings

FEBRUARY 17, 2022

Unfortunately, copyright and trademark law do not provide particular protection for these characters, who, more often than not, exceed their original works to become well-known of their own. Several tests were created to see if a certain character might be copyrighted.

Fair Use 94

Fair Use Copyright Television Copying 94

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.

Litigation 58

Litigation Copyright Fair Use Copyright Law 58

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. But the rapid spread of generative AI models, the latest evolution of copy-reliant technology, has posed another set of challenges to copyright.

Fair Use 117

Fair Use Copyright Copying Technology 117

IPilogue

NOVEMBER 11, 2021

For fifty years, the Copyright Society of the USA (CSUSA) has invited numerous esteemed figures to present the annual Donald C. 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.

Fair Use 110

Fair Use Copyright Law Copyright Intellectual Property 110

Plagiarism Today

FEBRUARY 21, 2022

1: Judge: Jehovah’s Witness Parodies Are Fair Use. First off today, Andy Maxwell at Torrentfreak writes that Watch Tower, is pushing ahead with a copyright infringement lawsuit against YouTuber “Kevin McFree” (not his real name) in hopes of revealing the YouTuber’s real name. Watch Tower: So What?

Copyright Infringement 246

Copyright Infringement Fair Use Copyright Plagiarism 246

TorrentFreak

APRIL 23, 2024

This information becomes more and more valuable as time passes by. Lawsuit and Appeal Internet Archive believes that its approach falls under fair use but publishers Hachette, HarperCollins, John Wiley, and Penguin Random House disagree. IA has plenty of other archive projects too.

Copyright 138

Copyright Fair Use Copying Publishing 138

TorrentFreak

DECEMBER 3, 2022

In addition to rising visitor numbers, copyright enforcement complaints have skyrocketed to previously unimaginable levels. During the first months of the year, copyright holders asked Reddit to remove a record-setting 738,010 pieces of content. Subreddit and Use Bans. That includes the volume of incoming DMCA takedown notices.

Reporting 144

Reporting Copyright Fair Use Copyright Infringement 144

Intepat

DECEMBER 25, 2024

These industries heavily rely on database to store, manage, and analyse vast amounts of information. 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.

Copyright 52

Copyright Intellectual Property Copyright Law Fair Use 52

The IPKat

APRIL 6, 2025

Copyright Law by Angela Chung Do everything by hand, even when using the computer. Many lament the extractive nature of accessible art outputs, where AI companies train first and ask for forgiveness (fair use) later. Here's what Angela writes: Ghiblification and the Moral Wrongs of U.S.

Copyright Law 69

Copyright Law Moral Rights Law Copyright 69

Plagiarism Today

DECEMBER 8, 2021

1: YouTuber Hit With 150 Copyright Claims For Reviews Featuring Anime Footage. First off today, Brian Ashcraft at Kotaku reports that YouTuber Mark Fitzpatrick, better known as Totally Not Mark, says that he does not know what is next after the anime studio Toei has filed copyright claims against some 150 of the videos on his channel.

Cease and Desist 264

Cease and Desist Artwork Fair Use Plagiarism 264

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.

Copyright 145

Copyright Fair Use Copyright Law Advertising 145

TorrentFreak

MARCH 21, 2023

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Mass Copyright Infringement or Fair Use? The Internet Archive wholeheartedly disagrees with the copyright infringement allegations.

Publishing 145

Publishing Copyright Fair Use Copyright Infringement 145

TorrentFreak

JANUARY 31, 2025

copyright protection standards. Various groups stressed the importance of copyright protection when it comes to new AI technologies. They argued that foreign governments should be mindful of potential copyright infringements. Not just for copyright holders, but also for American tech giants. In the U.S.,

Copyright Infringement 124

Copyright Infringement Copyright Copyright Law Fair Use 124

Plagiarism Today

DECEMBER 6, 2022

Reddit, like any other large site that hosts content uploaded by users, received a massive number of Digital Millennium Copyright Act (DMCA) notices. . While that rate is typical among hosts of its type, that still leaves some 173,280 pieces of content that were reported as copyright infringing but were not removed. Copyright Reasons.

Fair Use 246

Fair Use Reporting Copyright Copyright Notice 246

Velocity of Content

JANUARY 7, 2025

The following is an excerpt from the article The Heart of the Matter: Copyright, AI Training, and LLMs, authored by Daniel Gervais (Milton R. The full article can be read in the Journal of the Copyright Society. Nevertheless, some uses of LLMs and their training may be found to be fair use. AI companies know this.

Copyright 52

Copyright Licensing Fair Use Journalism 52

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.

Copyright 138

Copyright Copyright Law Fair Use Law 138

Copyright Lately

SEPTEMBER 29, 2024

Atari’s copyright infringement lawsuit against State Farm advances, underscoring the importance of careful clearance in advertising. On Friday, a Texas federal judge dismissed much of the case but kept Atari’s core copyright infringement claim in play.

Fair Use 109

Fair Use Copyright Artwork Social Media 109

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 141

Copyright Derivative Work Fair Use Reporting 141