TorrentFreak

AUGUST 20, 2022

Whatever happens, the UFC can put any fighter in a videogame 5,000 years from now and still have permission to use their likeness, complete with licensed tattoos. The reasoning behind these perpetual licenses goes beyond the UFC’s desire to grab most of the money. Bisping: The Michael Bisping Story. But not Score G.

Fair Use 126

Fair Use Copyright Licensing Intellectual Property 126

Plagiarism Today

OCTOBER 26, 2021

As we’ve discussed in the past , copyright has played an oddly oversized role in our modern Halloween festivities. However, one of the areas that is generally less talked about is copyright’s impact on Halloween costumes. If the costume isn’t licensed, why is it not infringing regardless of the name change? Copyright Office.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

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. It has already entered into licensing agreements with several content creators, including other news media organizations.”

Settlement 112

Settlement Copyright Licensing Copyright Infringement 112

Technology & Marketing Law Blog

AUGUST 31, 2021

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. These three cases address fair use in this context. McGucken moved for summary judgment on the fair use defense. The second factor weighs slightly against fair use.

Fair Use 143

Fair Use Journalism Licensing Marketing 143

Intellectual Property Law Blog

JUNE 5, 2023

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use.

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

Technology & Marketing Law Blog

MARCH 30, 2022

The NY Post licensed the photo for its story, “ Why I won’t date hot women anymore.” The district court granted Mic’s motion to dismiss on fair use grounds. In a memo opinion, the Second Circuit affirms the fair use motion to dismiss. Nature of the Use. As a result, it sparked substantial criticism.

Fair Use 138

Fair Use Licensing Marketing Marketing 138

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

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.

Business 52

Business Public Domain Copyright Fair Use 52

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

TorrentFreak

SEPTEMBER 2, 2024

When he refused to comply with LifeWise’s demands to take the content down, LifeWise responded with a potentially crushing copyright infringement lawsuit. These components unsurprisingly attracted the attention of the EFF, which is now defending Parrish against LifeWise’s copyright infringement allegations.

Fair Use 114

Fair Use Copyright Law Publishing Copyright 114

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

Plagiarism Today

NOVEMBER 18, 2021

1: ‘GTA’ Reverse-Engineer Modders Defend Projects as Under “Fair Use”. First off today, Will Nelson at NME reports that video game modders are fighting back against a lawsuit filed by Rockstar Games claiming that their fan-created mods are a fair use, not a copyright infringement. million Yen ($30,600) fine.

Fair Use 246

Fair Use Plagiarism Editing Copyright Infringement 246

Plagiarism Today

AUGUST 17, 2022

Copyright Office Argues Warhol’s Use of Prince Photo Was Not ‘Fair Use’. The Warhol estate has attempted to argue that the new paintings were highly transformative and should be considered a fair use. 3: Copyright Act Helps Astro to Tackle Illegal TV Boxes, Content Distributors Issue.

Fair Use 246

Fair Use Copyright Reporting Plagiarism 246

Plagiarism Today

MAY 31, 2022

1: Pinterest Prevails in Photography Copyright Dispute. However, the court has ruled that Pinterest is protected by the Digital Millennium Copyright Act (DMCA), which protects services that host content uploaded by users. 2: Amendment Passes to Grant Teachers Fair Use of Copyrighted Work Remotely.

Fair Use 246

Fair Use Reporting Plagiarism Copyright 246

Copyright Lately

JANUARY 20, 2025

Judge Alvin Hellerstein dismissed copyright infringement claims over a YouTube-hosted video embedded in the defendant’s article, finding that YouTube’s Terms of Service explicitly and unambiguously grant a sublicense that clearly extends to embedding. Townsquare Media : Sublicensing, Fair Use, and De Minimis Use In Richardson v.

Copyright 68

Copyright Social Media Fair Use Publishing 68

Patently-O

APRIL 3, 2022

Although Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. Apparently Vanity Fair commissioned Warhol to make an illustration for its 1984 article on Prince. Those have been sold and also reproduced in various forms in ways that go well beyond the original license. by Dennis Crouch. 17 U.S.C. §

Fair Use 119

Fair Use Art Licensing Publishing 119

Plagiarism Today

JUNE 12, 2024

The Copyright Claims Board is about to turn two. The post 3 New and Interesting Cases Before the Copyright Claims Board appeared first on Plagiarism Today. As such, we're taking a look at three new and interesting cases being heard by it.

Copyright 279

Copyright Plagiarism Fair Use Art 279

Plagiarism Today

OCTOBER 5, 2021

1: ‘Friday the 13th’ Writer Wins Appeal in Copyright Termination Case. First off today, Brian Welk at The Wrap reports that a judge has granted copyright termination for the film Friday the 13th, allowing both the writer, Victor Miller, from the film’s producer/director, Sean S. Let me know via Twitter @plagiarismtoday.

Fair Use 246

Fair Use Licensing Copyright Infringement Music 246

IP Watchdog

FEBRUARY 27, 2023

Companies rely on copyright protections to shield their software, data sets, and other works that are licensed to their customers; however, a reframing of what constitutes a “transformative use,” and the extent a license can restrict such fair uses, may whittle away all avenues of protections.

Copyright 128

Copyright Fair Use Derivative Work Licensing 128

Plagiarism Today

JULY 8, 2021

The most vocal critics were in the open-source programming community , who were upset that GitHub trained their AI on significant amounts of open-source code and can even reproduce that code verbatim in some circumstances, but does not follow the respective open-source licenses. Is the code original enough to qualify for copyright protection?

Copyright 246

Copyright Fair Use Copyright Infringement Copying 246

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

Technology & Marketing Law Blog

MARCH 3, 2022

Bell has separately registered a copyright in the passage. Bell has filed at least 25 copyright lawsuits. The school moved to dismiss on fair use grounds, and the district court granted the motion and awarded attorneys’ fees to the school. (I Nature of the Use. Bell published a short book in 1982.

Fair Use 116

Fair Use Litigation Marketing Marketing 116

Plagiarism Today

FEBRUARY 8, 2022

1: Pandora Sued By Major Comedians Over Licensing Fees For Writing Jokes. According to the comics, the issue is intentional and points to Security and Exchange Commission filings by the company that cautioned it may lose access to comedy material due to a lack of license. Have any suggestions for the 3 Count?

Licensing 244

Licensing Reporting Copyright Fair Use 244

Plagiarism Today

MARCH 3, 2022

1: Dua Lipa Sued for Alleged Copyright Infringement Over Hit Single Levitating. First off today, Murray Stassen at Music Business Worldwide reports that musician Dua Lipa has been hit with a copyright infringement lawsuit that claims her 2020 hit Levitating is an infringement of an earlier song. Have any suggestions for the 3 Count?

Settlement 246

Settlement Copyright Infringement Licensing Fair Use 246

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

Copyright Lately

MAY 22, 2023

Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. Andy Warhol Foundation v.

Fair Use 96

Fair Use Licensing Copying Artwork 96

Plagiarism Today

OCTOBER 11, 2022

1: Justices to Consider Whether Warhol Image is “Fair Use” of Photograph of Prince. Goldsmith, a case that is expected to be a rare moment of the high court ruling on an issue of fair use. Goldsmith sued, saying that this use far exceeded the agreement that they made. Have any suggestions for the 3 Count?

Fair Use 246

Fair Use Reporting Licensing Plagiarism 246

TorrentFreak

MARCH 25, 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. While ‘digital’ book lending is not uncommon, libraries typically loan out DRM-protected files after acquiring a license from publishers.

Copyright Infringement 145

Copyright Infringement Copyright Fair Use Copying 145

Copyright Lately

AUGUST 14, 2023

Photographer Jeff Sedlik and tattoo artist Kat Von D each claim that the Supreme Court’s Warhol decision entitles them to summary judgment in their long-running copyright dispute. Goldsmith on a first-of-its-kind copyright infringement lawsuit involving celebrity tattoo artist Katherine Von Drachenberg (aka Kat Von D).

Fair Use 91

Fair Use Social Media Licensing Marketing 91

Technology & Marketing Law Blog

FEBRUARY 11, 2025

Ross case, because he reverses himself on numerous points (all in favor of the copyright owner). I have multiple problems with the ruling: 1) I disagree that individual headnotes each can be copyrightable. The headnotes are oftenjust a sentence or two, which ordinarily is too short to merit copyright protection.

Copyright 59

Copyright Fair Use Copying Marketing 59

Plagiarism Today

OCTOBER 3, 2022

After those tattoos appeared in the WWE 2K game series, she sued Take-Two Interactive for copyright infringement. That case, after many stops and starts, went to trial last week with the jury awarding victory to Alexander, saying that Take-Two’s use of the tattoos was not a fair use.

Licensing 245

Licensing Copyright Fair Use Plagiarism 245

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

Technology & Marketing Law Blog

FEBRUARY 12, 2024

Larry Philpot is a repeat copyright plaintiff. In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. Courts routinely split on whether commercial editorial use is commercial for fair use purposes. This was a concert photo.

Fair Use 105

Fair Use Licensing Copyright Marketing 105

Kluwer Copyright Blog

MAY 9, 2022

Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message. have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement.

Fair Use 100

Fair Use Derivative Work Art Licensing 100

Plagiarism Today

OCTOBER 13, 2022

Supreme Court Tackles Andy Warhol Copyright Dispute. In 1984, Lynn licensed one of her photographs of the musician Prince to be converted into a painting by Warhol for Vanity Fair magazine. However, after Prince died in 2016, it was revealed that Warhol actually made an additional 14 prints using the photograph.

Cease and Desist 246

Cease and Desist Copyright Infringement Licensing Fair Use 246

The IP Law Blog

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. However, the majority rejected this argument, stating that the new expression alone did not determine the purpose or character of the copying use.

Fair Use 98

Fair Use Derivative Work Artwork Copyright Law 98

IP Watchdog

APRIL 10, 2024

A spate of recent lawsuits is shining light on how some generative AI (GenAI) companies are using copyrighted materials, without permission, as a core part of their products. Among the most recent examples is the New York Times Company’s’ lawsuit against OpenAI, which alleges a variety of copyright-related claims.

Licensing 126

Licensing Fair Use Copying Copyright 126