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.”

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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.

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Fair Use Copyright Infringement Litigation Copyright 145

The Illusion of More

DECEMBER 1, 2023

Goldsmith restored what many of us view as common sense to the fair use doctrine of transformativeness, the flurry of litigation against AI developers will test the same principle in a different light.

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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.

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Plagiarism Today

OCTOBER 4, 2022

This prompted Alexander to file a lawsuit against Take-Two, claiming copyright infringement of her work. He called an earlier decision in the case one of the 5 worst copyright decisions in 2020 and, with the jury verdict, called it a loss for bodily autonomy and free speech. Instead, she only won actual damages totaling $3,750.

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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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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).

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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.

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Copyright Lately

OCTOBER 20, 2024

million in copyright damages against Skiplagged—but the website’s business model remains largely unaffected. Yes, there was a copyright infringement claim in the mix, based on Skiplagged’s use of American’s “flight symbol” logo. Jury awards American Airlines $9.4 Talk about a case of the tail wagging the dog.

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Copyright Fair Use Social Media Business 86

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. Copyright and Halloween Costumes. Copyright Office. However, copyright is only half the picture.

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IP Watchdog

FEBRUARY 1, 2024

The training of artificial intelligence models using copyrighted material continues to stir debate and prompt litigation. In the latest salvo, the New York Times Company sued Microsoft and OpenAI – the creator of ChatGPT – for infringement under the federal Copyright Act.

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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.

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Velocity of Content

DECEMBER 19, 2024

Just three short years ago, copyright litigation discussions centered around whether it is fair use to copy declaring code or make unlicensed use of Lynn Goldsmiths photographs of Prince. How AI technologies intersect with copyright was but a twinkle in most judicial systems eyes. The vast majority of U.S.

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Litigation Copyright Copyright Infringement Fair Use 52

IP Watchdog

DECEMBER 12, 2021

Court of Appeals for the Second Circuit holding that Andy Warhol’s Prince Series did not constitute fair use of Lynn Goldsmith’s photograph. The Second Circuit held in March that “the district court erred in its assessment and application of the fair-use factors and the works in question do not qualify as fair use.”

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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. Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. Akshat Agrawal. In Ashdown v.

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Patently-O

APRIL 3, 2022

Although Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. Litigation ensued, and the basic question in the case is whether Warhol’s unlicensed uses constitute “fair use” under Section 107 of the Copyright Act. by Dennis Crouch. Andy Warhol Foundation v.

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IP Watchdog

NOVEMBER 17, 2021

“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. Supreme Court ruled on a landmark fair use case involving the “copying” of an Application Programming Interface (API).

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IP Watchdog

AUGUST 9, 2022

that reversed a Central District of California’s sua sponte grant of summary judgment to Pub Ocean on McGucken’s copyright infringement claims. The case involved Pub Ocean’s unauthorized use of photos of a lake that formed in Death Valley, California, in March 2019. Pub Ocean Ltd.

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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.

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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.

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Copyright Social Media Fair Use Publishing 69

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.

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IP Watchdog

OCTOBER 12, 2022

Lynn Goldsmith, a case asking the nation’s highest court to determine whether Warhol’s unlicensed use of Goldsmith’s photographs of pop superstar Prince was a fair use of that copyright-protected photo.

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IP Watchdog

JANUARY 29, 2024

On Thursday, final judgments were issued in a pair of copyright infringement cases that arose from a now infamous 2014/2015 project New Portraits, where appropriations artist Richard Prince displayed Instagram photos and user comments as a purported commentary on social media and art.

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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.

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The IP Law Blog

JULY 9, 2021

In this week’s episode, Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol’s series of portraits of the artist Prince ( Andy Warhol Foundation v Goldsmith). This week, Scott and Josh discuss the possible impact of the Supreme Court fair use decision in Google LLC v Oracle America, Inc.,

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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.

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Technology & Marketing Law Blog

NOVEMBER 22, 2022

They write: Nearly half of the respondents (43.1%) were unwilling to take on any financial risk, even in a hypothetical scenario contingent on a confident fair use while most of the rest (43.8%) were only comfortable with a risk level below $10,000. Among these scholars confident of fair-use, only 3.3% About 71% of U.S.

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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.

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Technology & Marketing Law Blog

FEBRUARY 12, 2024

Larry Philpot is a repeat copyright plaintiff. This is what I call a “commercial editorial use”–ad-supported editorial content. Courts routinely split on whether commercial editorial use is commercial for fair use purposes. One sign is listening to Ted Nugent. (I This was a concert photo.

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TorrentFreak

AUGUST 17, 2024

When AI hit the mainstream, it became apparent that rightsholders are not always pleased that their works were used to train AI. This applies to photographers, artists, music companies, journalists, and authors, some of whom formed groups to file copyright infringement lawsuits to protect their rights. Trial in Two years…?

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Copyright Alliance

JANUARY 5, 2023

Coverage of copyright litigation in 2022 was understandably focused on the Supreme Court’s transformative fair use showdown in Warhol Foundation v. The post Copyright Cases in 2022: A Year in Review appeared first on Copyright Alliance. Goldsmith, but the past year saw many other significant […].

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LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Controversy” [8] : The Litigation. Goldsmith counterclaimed for copyright infringement. Originals” [7] : The Works at Issue.

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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?

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IP Watchdog

MARCH 28, 2022

Court of Appeals for the Second Circuit holding that Andy Warhol’s Prince Series did not constitute fair use of Lynn Goldsmith’s photograph. Goldsmith, Lynn, et. a case that asks the High Court to review a decision of the U.S.

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IP Watchdog

AUGUST 17, 2021

Court of Appeals for the Eighth Circuit yesterday reversed a Missouri district court’s grant of summary judgment for a group of real estate companies relating to copyright infringement claims brought by an architect over floorplans. Copyright Act.

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TorrentFreak

JUNE 24, 2024

As developers of generative AI models and services continue to progress at a startling pace, it was only a question of when the RIAA would select the perfect litigation candidate, for the purpose of drawing a line in the sand. ” As far as the labels are concerned, defenses based on fair use are inapplicable here.

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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.

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