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 publishers are not against libraries per se, nor do they object to ebook lending.

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Dear Rich IP Blog

APRIL 9, 2024

Trick photograph of man with two heads (1901) Dear Rich: I have a new, unique book soon to be published about judging the quality of art. From everything I've researched, all the images in the book should come under fair use. Congress intended that fair use be determined on a case-by-case basis, making judges the final arbiters.

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BYU Copyright Blog

OCTOBER 7, 2024

Internet Archive's Fair Use Defense Falls Short Fair Use,Literary Works,Infringement Found October 07, 11:03 AM October 07, 11:03 AM On May 15, 2024, we published a post about an important legal dispute between the Internet Archive (IA) and the publisher Hachette, along with other major publishers (the Publishers").

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Dear Rich IP Blog

JANUARY 9, 2023

It was released to the press and has been published in many news outlets attributed to the department. 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.

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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.

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IP Law 360

SEPTEMBER 4, 2024

The Second Circuit on Wednesday rejected a nonprofit digital library's fair use defense of its practice of distributing copyrighted e-books for free, ruling in favor of a group of book publishers in a closely watched case.

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Technology & Marketing Law Blog

FEBRUARY 24, 2022

[I published this post initially on the Association of Research Libraries blog in celebration of Fair Use Week 2022. Publishing these materials can create substantial legal risk for research-focused bloggers, including the risk of copyright infringement. Prayers for Ukraine.]. For example, in Righthaven LLC v.

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Copyright Lately

SEPTEMBER 8, 2024

A court win against the Internet Archive has publishers celebrating, but what does it mean for the future of public libraries and digital access? It’s a clear win for publishers, but for public libraries—and the millions who rely on them for access to digital books—the ruling may signal more troubling times ahead.

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IP Law 360

AUGUST 3, 2022

The Ninth Circuit on Wednesday revived a photographer's copyright lawsuit over a digital publisher's use of his photos of an ephemeral lake in Death Valley, California, ruling in a published opinion that the publisher did not make fair use of the photos by embedding them in its articles.

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JD Supra Law

SEPTEMBER 12, 2024

The Second Circuit Court of Appeals delivered a resounding victory to the publishing industry on Wednesday, September 4, 2024, in Hachette Books v. Internet Archive, holding that the Internet Archive's "controlled digital lending" program violated copyright law.

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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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Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v.

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Patently-O

APRIL 3, 2022

Although Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. As part of that process, VF obtained a license from Goldsmith, but only for the limited use “as an artist’s reference in connection with an article to be published in Vanity Fair Magazine.” by Dennis Crouch. 17 U.S.C. §

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IP Law 360

MARCH 18, 2024

Four book publishers urged the Second Circuit on Friday to uphold a lower court's finding that the Internet Archive infringed their copyrights with its free e-book lending program, saying the nonprofit distributes "bootleg ebooks from its website to anyone in the world."

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TorrentFreak

DECEMBER 9, 2021

The 634K-subscriber YouTube channel ‘Totally Not Mark’ is in peril this morning after what can be described as a copyright takedown blitz by Japan-based animation company Toei. ” Earlier this week Mark received an email saying that 15 of his videos had been copyright claimed by Toei.

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43(B)log

AUGUST 9, 2024

Christopher Buccafusco, Copyrighting Style There are plenty of precedents that say style isn’t ©able. Copyright attaches to works, not ouvres. Path forward: copyright consists in the original properties by which a work expresses: by which it represents, denotes, and exemplifies. Is this relevant to fair use?

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TorrentFreak

MARCH 18, 2024

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. Publishers vs. Internet Archive The self-scanning approach differs from the licensing deals other libraries enter into.

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Copyright Lately

SEPTEMBER 29, 2024

Atari’s copyright infringement lawsuit against State Farm advances, underscoring the importance of careful clearance in advertising. It looks like Jake from State Farm is definitely going to blow through his deductible, as the insurance giant lost its bid to declare game over on a lawsuit brought by video game publisher Atari Interactive.

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SpicyIP

APRIL 15, 2024

Training GenAI: Infringement or Fair Use? This method involves the feeding of a large amount of data, including copyrighted works. As the worlds of GenAI and copyright collide, the issue before us is whether the use of copyrighted works through TDM for the training of GenAI amounts to copyright infringement?

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IP Intelligence

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § But the existence of commercialism and website advertisements is not, and should not be, a death knell for a successful fair use defense.

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TorrentFreak

MARCH 19, 2022

Since 2017, the Watch Tower Bible and Tract Society, the supervising body and publisher for the Jehovah’s Witness religious group, has filed more than 70 DMCA subpoena applications in the United States. However, Watch Tower is still pursuing a parallel copyright infringement lawsuit against McFree in another court. Until now, that is.

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Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. Definition. Indian Perspective.

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JD Supra Law

MAY 8, 2023

On March 24, 2023, the Southern District of New York held that the Internet Archive (“IA”)’s digitization and lending online of the Hatchette Book Group (“Publishers”)’s copyrighted physical books infringed Publishers’ copyrights and was not a fair use. By: Irwin IP LLP

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The Illusion of More

MARCH 18, 2024

Publishers File Brief in Response to Internet Archive Appeal On Friday, the publishers in Hachette, et al. IA maintains that its practice of “Controlled Digital Lending” is not copyright infringement under the doctrine of fair use despite the […] The post Copyright News to Watch appeared first on The Illusion of More.

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Technology & Marketing Law Blog

FEBRUARY 12, 2024

Larry Philpot is a repeat copyright plaintiff. In 2016, the defendant IJR published an article/listicle titled “15 Signs Your Daddy Was a Conservative.” This is what I call a “commercial editorial use”–ad-supported editorial content. One sign is listening to Ted Nugent. (I This was a concert photo.

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TorrentFreak

AUGUST 13, 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 has no such license. As such, they want it permanently taken down.

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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.

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Copyright Lately

AUGUST 19, 2024

The AI copyright and fair use trial in Thomson Reuters v. On Friday, August 23, jurors are scheduled to hear opening statements in the first trial to test whether using copyrighted data to train an AI program qualifies as fair use. Ross Intelligence may not be glamorous, but it will be groundbreaking.

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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. ” Fair Use Considerations. Overall then, the first factor weighs in favor of fair use.

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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. Pub Ocean then published an article titled “A Massive Lake has Just Materialized in the Middle of One of the Hottest Places on Earth”.

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LexBlog IP

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § ” But the existence of commercialism and website advertisements is not, and should not be, a death knell for a successful fair use defense.

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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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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.

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Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

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Dear Rich IP Blog

AUGUST 7, 2021

Dear Rich: Does the reproduction of copyrighted material in a grant proposal constitute fair use? Grant proposals are rarely published and are written on behalf of non-commercial entities (such as charities, schools, and local governments). The Code of Best Practices in Fair Use for Academic and Research Libraries ).

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IP Tech Blog

MARCH 28, 2023

A federal district court in New York held that the Internet Archive’s Open Library project was engaging in copyright infringement by publishing digital copies of millions of books online. The court engaged in an extensive analysis of whether the purpose and character of Internet Archive’s use was transformative. of America v.

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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.

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