Plagiarism Today

MAY 19, 2022

First off today, Pamela Chelin at Variety reports that the 9th Circuit Court of Appeals has granted a significant victory so singer Toni Basil, granting her sole copyright in her 1981 debut album, which included the hit song Mickey. The case dates back to 2013 when Basil filed a notice of copyright termination on the album and her song.

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TorrentFreak

MARCH 25, 2024

Publishers Hachette, HarperCollins, John Wiley, and Penguin Random House filed a lawsuit, equating IA’s controlled digital lending (CDL) operation to copyright infringement. Earlier this year a New York federal court concluded that the library is indeed liable for copyright infringement.

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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. On Friday, a Texas federal judge dismissed much of the case but kept Atari’s core copyright infringement claim in play.

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TorrentFreak

APRIL 12, 2024

The Generative AI Copyright Disclosure Act Introduced by Representative Adam Schiff (D-CA) this week, the bill envisions “groundbreaking legislation” that would compel companies to be completely transparent when training their generative AI models on copyrighted content. Schiff explains.

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IPilogue

DECEMBER 20, 2021

What may seem like a harmless activity in the spirit of fandom can at times give rise to copyright infringement. . Cosplay (or “costume play”) is the act of dressing up as a character, often from anime, video games, comics, television, or film. Luckily for most cosplayers, their costumes likely do not infringe copyright laws.

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Velocity of Content

DECEMBER 4, 2024

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. 7 This does not, however, fully answer hard questions about the right to prepare derivative works under US law.

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Velocity of Content

OCTOBER 19, 2021

The Copyright Act of 1976 became Public Law number 94-553 on October 19, 1976 and went into effect (as scheduled) as Title 17 of the United States Code on January 1, 1978. The Copyright Act of 1976 became Public Law number 94-553 on October 19, 1976 and went into effect (as scheduled) as Title 17 of the United States Code on January 1, 1978.

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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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TorrentFreak

NOVEMBER 18, 2022

Japan does not recognize fair use and even if it did, experts predicted that ‘Fast Movies’ would still cross red lines. “This is a ruling that fully upholds our allegations, and we believe that it should be a great deterrent against copyright infringement in the future,” a joint CODA and JVA statement reads.

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Copyright Lately

OCTOBER 6, 2024

A new lawsuit over Broadway’s Stereophonic tests copyright’s limits, as Fleetwood Mac’s former sound engineer claims the hit play copies his real-life story about working on the Rumours album. In that case, the court ruled in Adjmi’s favor because 3C was a parody of the sitcom and protected by fair use.

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Technology & Marketing Law Blog

OCTOBER 6, 2022

Last week, an Illinois jury awarded tattoo artist Catherine Alexander $3,750 in damages at the conclusion of a copyright infringement trial. 2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. by guest blogger Aaron Perzanowski , University of Michigan Law School.

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SpicyIP

JULY 29, 2021

In the 6 odd pages devoted to the reform of the Copyright regime, a grand total of 5 statutory issues have been highlighted despite the fact that the last Copyright Amendment is nearly a decade old and comments for a new amendment had been sought fairly recently (see here , here , and here ). Watering down Section 52(1).

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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. Last year, a New York Federal court concluded that the library is indeed liable for copyright infringement.

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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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The IP Law Blog

OCTOBER 13, 2022

Take-Two Interactive Software found that the depiction of tattoos on wrestler Randy Orton in a video game published by Take Two Interactive infringed the tattoo artist’s copyright in the tattoos. The District Court also found that the use was not fair use. However, the jury did get instructions on fair use.

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Intepat

DECEMBER 18, 2024

In 2024, Indian courts delivered several landmark judgments in the field of intellectual property (IP), addressing challenges that range from traditional trademark disputes to modern issues like copyright in AI training and digital piracy. Courts emphasized the importance of balancing innovation with copyright enforcement.

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IP and Legal Filings

JANUARY 8, 2023

When someone violates a creator’s exclusive rights to a piece of work, they are engaging in copyright infringement. Music as well as the movie industry are two common industries that face copyright issues on a day to day basis. In contrast to patents, copyright safeguards expressions rather than ideas.

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Kluwer Copyright Blog

NOVEMBER 15, 2022

Recent appellate decisions in the United States have recognized expanded grounds for personal jurisdiction in cases of internet-based copyright infringements; divided on the extent to which the three-year statute of limitations limits damage recoveries; and increased the occasions for motions to dismiss on the ground of fair use.

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Velocity of Content

SEPTEMBER 9, 2021

This is the sixth (and, for now, final) post in this series, where we’ve looked at the copyright requirements and options for digital content creators, such as blogs and podcasts. At present, YouTube certainly has many other aspects, included music, television-like programming, and live streaming, but I am not going to get into those.).

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Technology & Marketing Law Blog

MAY 30, 2022

Recently, a district court in the same circuit took up a very similar issue, assessing Viacom’s trademark and copyright infringement claims against the owner and operator of a pop-up restaurant and bar called The Rusty Krab. The court begins with findings of fact, lavishing attention on the show’s plot and popularity.

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Copyright Lately

JANUARY 13, 2023

had a dream—and a copyright. The answer, my friends, is copyright. Yes, in addition to being a noted clergyman and civil rights leader, Dr. King was a copyright litigant. The New York Times reported on Dr. The New York Times reported on Dr. Martin Luther King’s copyright lawsuit over “I Have a Dream” in 1963.

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LexBlog IP

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.

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IPilogue

APRIL 12, 2022

While useful, they raise concerns of potential copyright infringement. Though national governments are attempting to address copyright risks, the internet goes beyond borders. If a video condenses the film into short clips summarizing the plot, would you choose to watch the video instead? million subscribers and 1400 videos.

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SpicyIP

FEBRUARY 28, 2025

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Though a recipient of widespread international popularity for its cost-effectiveness in accessing varied entertainment, news and sports content, the use of IPTV technology has always been clouded by legal challenges.

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Copyright Lately

MAY 17, 2021

Parody is tricky, both as an art form and as a matter of copyright law. And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. Did SNL go too far?

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TorrentFreak

MARCH 19, 2024

NYT vs. OpenAI/Microsoft Late last year The Times sued OpenAI and Microsoft , alleging that its generative AI models were trained on copyrighted news articles. Instead of alleging concrete copyright infringement by end users, the technology itself is framed as copyright-infringing. Microsoft filed a separate motion to dismiss.

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Kashishipr

JUNE 9, 2021

With the onset of the trend wherein users are gradually switching to online streaming to meet their music needs and discarding traditional methods such as radio, television, and music CDs, compulsory licensing for the internet was recognized as a key policy issue by the music industry last year. Background. The Plaintiff, Tips Industries Ltd.,

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Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. What Happened. Oracle , should have been decided by the trial judge.

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Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

Music is an artistic work which falls into the purview of copyright protection. However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. Copyright involves the exclusive right to reproduce and distribute the original work.

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SpicyIP

AUGUST 28, 2022

Given these terms shape our legal thinking and arguments, which in turn, influence the outcomes of court judgment and policies, this post attempts to highlight the extant confusion revolving around the relationship between copyright and user interests. Section 52: A Multi-monikered provision? create works and make them available).

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SpicyIP

JANUARY 31, 2025

Shamnad Basheer, it offers expert analysis of patents, copyrights, trademarks, geographical indications, and related policy issues. Theme: Literature, Journalism And IP Suggested Topics Balancing the interests of creators and the public in determining the extent of Copyright protection. Founded in 2005 by renowned legal scholar Prof.

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Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

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SpicyIP

JUNE 26, 2024

Emphasizing the lack of a robust mechanism to ensure access to literary work by persons with disability, the authors highlight how the existing copyright framework comes in conflict with the rights enshrined under the Rights of Persons with Disabilities Act, 2016. Views expressed here are those of the authors’ alone. Image by freepik Prof.

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JIPL Online

APRIL 9, 2021

Memes utilize pop culture content, such as movies, television shows, and other various forms of media, often in a parodic way. Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] INTRODUCTION.

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Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. First, as far as copyright cases go, this one’s easy.

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IPilogue

OCTOBER 12, 2022

alleging infringement of federally registered copyrights and trademarks in violation of 17 U.S.C. § Barlow and Bear may use the “fan fiction” defence to claim their work is not an infringement based on fair use by proving the elements of fair use: the art is transformative and adds new meaning to the original show.

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IPilogue

SEPTEMBER 9, 2022

Television producers need to be careful to ensure that they are not mimicking real-life businesses too closely to offer their fictitious shows some realism. Netflix eventually settled with Chooseco in late 2020 after unsuccessfully arguing on grounds related to trademark law and fair use allowances. . How similar is too similar?

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