SpicyIP

JULY 13, 2021

Serious Comparative Advertising: Broadening the Definition. This post argues that the law should broaden the definition of serious comparative advertisement by allowing multiple comparisons. Sangita is a 2nd year student at Gujarat National Law University and was the topper of the 2020 IP Talent Search Examination. Sangita Sharma.

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IP and Legal Filings

FEBRUARY 17, 2022

The underlying reason for this differing level of protection is that fictional character parallels are typically less definite than those of graphic figures. THE DOCTRINE OF FAIR USE. The fair use defence is both an express provision of the Copyright Act and a set of standards established by judges. Koons , 817 F.

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IP Close Up

NOVEMBER 1, 2022

Goldsmith copyright case, which will have a dramatic impact on content providers and the definition Continue reading. The Supreme Court recently heard arguments for the Warhol v.

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Plagiarism Today

SEPTEMBER 15, 2021

Fair Use: Since the questions at issue only make up a small portion of the textbooks at issue, Chegg may argue fair use. To make matters worse for Chegg, companies engaged in behavior seen as “unethical” by the courts, often struggle to make fair use arguments.

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Technology & Marketing Law Blog

JANUARY 18, 2025

I thought the legality of embedding was definitively resolved when the Ninth Circuit reaffirmed the “server test” in the Hunley v. The court also says it can’t consider the evidence that Mediaite used embedding on a motion to dismiss. The court also rejects the fair use defense at the motion to dismiss stage.

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Copyright Social Media Licensing Fair Use 96

Plagiarism Today

AUGUST 10, 2022

The Assess Tool also provides a basic fair use analysis and helps to make sure that the use isn’t covered under any other exceptions to copyright law. Though the process sounds long and arduous, the forms RightsClick uses are well-designed and use easy-to-understand language. Copyright Office.

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Copyright Lately

APRIL 23, 2021

The Andy Warhol Foundation (AWF) is asking the Second Circuit to reconsider its recent fair use ruling over Warhol’s “Prince Series,” arguing that the decision “threatens to render unlawful many of the most historically significant artistic works of the last half-century.”. Andy Warhol’s “Prince Series”.

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IP Watchdog

JANUARY 22, 2023

Last November, the U.S. Supreme Court granted a petition for writ of certiorari filed by famed whiskey brand owner Jack Daniel’s Properties. The petition filed by Jack Daniel’s appealed the U.S.

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Dear Rich IP Blog

OCTOBER 12, 2021

Is it fair use to build on their material in this way or do I have to ask the publishers for permission? Even if you make a fair use argument (as they tried to do in this case ), you probably can't afford to battle your way through a federal appeal.

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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. Code, section 107.

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IPilogue

FEBRUARY 28, 2023

The District Court held that the French decision infringed Wofsy’s freedom of speech and that Wofsy’s books are “ reference works intended for libraries…and such institutions find it an attractive reference due to its price point and that astreinte (monetary damages for copyright infringement) do not apply because of the US’s fair use doctrine.

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TorrentFreak

MARCH 21, 2023

Mass Copyright Infringement or Fair Use? Stressing that the library offers a vital service, Internet Archive’s defense centers on the legal concept of fair use. That would qualify as fair use, they argue, especially since there is no profit motive. As such, they want it permanently taken down.

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Copyright Lately

SEPTEMBER 29, 2024

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. The court found it plausible that State Farm’s unlicensed use of the Crystal Castles artwork could impact this licensing business.

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Technology & Marketing Law Blog

APRIL 6, 2022

While the definition of “Platform” includes “content,” it doesn’t appear to contain “User Content.”. Fair use is also an issue best left for trial : Newsweek also argued fair use. Court Definitively Rejects AFP’s Argument That Posting a Photo to Twitter Grants AFP a License to Freely Use It — AFP v.

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TorrentFreak

JUNE 14, 2022

By definition, any lending is controlled and the library simply provides a digital alternative to physical libraries. “The only issue is whether Internet Archive’s massive infringement scheme is fair use under 17 U.S.C. § 107,” the plaintiffs note, adding that the four fair use factors weigh heavily in their favor.

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Plagiarism Today

APRIL 4, 2022

As gray area as the law can be, especially in areas like fair use and determining what is “substantially similar”, the law is codified, written down and has tomes of case law behind it. As we have discussed many times before , plagiarism and copyright, though overlapping in some ways, are not the same. This has two key benefits.

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SpicyIP

FEBRUARY 17, 2025

The Court has granted summary judgment in respect of 2,830 headnotes belonging to Thomson Reuters and admittedly used by Ross Intelligence to train its Natural Language Processing and Artificial Enabled Legal Research tool, finding Direct Copyright Infringement and rejecting fair use. But, first, Some History!

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Copying Fair Use Copyright Copyright Law 69

Technology & Marketing Law Blog

OCTOBER 17, 2022

This means the term “emoji” is generic with respect to the dictionary definitions and Emojico’s litigation empire should crumble. Otherwise, “emoji” is at most descriptive of the goods in question, so there should be an air-tight descriptive fair use defense. That’s messed up. How messed up?

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IPilogue

JULY 18, 2022

Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use. As an avant-guard artist of his time, Warhol used the mechanical process of copying to challenge the conventional notion of art. The focus of the conflict was the meaning of “transformative works” in the U.S.

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Velocity of Content

AUGUST 9, 2022

She brought suit for copyright infringement, lost at the trial court because of the Warhol estate’s fair use defense but won on appeal to the Second Circuit. First, there are not that many Supreme Court cases that address fair use. Why would the Supreme Court take up another fair use case so quickly?

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The IPKat

APRIL 6, 2025

Many lament the extractive nature of accessible art outputs, where AI companies train first and ask for forgiveness (fair use) later. And future litigation should frame arguments in a way to push forward expansive definitions of what it means for art to be distorted, mutilated, or modified.

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TorrentFreak

DECEMBER 21, 2022

Opponents of filtering technology warn that fair use and First Amendment rights are at stake. Updating the definition of “standard technical measures” should help to facilitate the implementation of these tools going forward. Tweaking the DMCA.

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IP and Legal Filings

JUNE 29, 2024

Certain sections like 2(qq) and 38, define a “performer” and specify whether a person’s personality falls under the definition of a performer, under which a performer’s right may be asserted, hence prohibiting the unapproved marketing of a performer’s work.

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TorrentFreak

DECEMBER 10, 2021

Tarantino’s answer follows a familiar format of dedicating pages to variously denying allegations, admitting basic facts, or expressing insufficient knowledge to definitively respond. .” Addressing the Allegations. Affirmative Defenses and Relief.

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JD Supra Law

OCTOBER 1, 2024

A Federal appeals court has ruled that the nonprofit Internet Archive’s “controlled digital lending program” – which creates and lends fully digitized copies of books – does not meet the copyright law’s definition of a fair use. The September 4, 2024, decision in Hachette Books v.

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TorrentFreak

APRIL 5, 2023

Fans loved ‘re3’ and ‘reVC’ but Take-Two and Rockstar Games most definitely did not. In their November 2021 answer to the complaint, the four men denied the copyright infringement allegations and cited fair use among other affirmative defenses.

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Kashishipr

MAY 25, 2021

You may consider dedicating a page that illustrates the definite reposting policies. Blogging and Fair Use. The doctrine of fair use bears substantial importance for blogs since the question of plagiarism may sprout up at regular intervals.

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Velocity of Content

DECEMBER 4, 2024

8 This definition of the right could loosely be used as a definitionof machine-learning when applied to the creation of literary and artistic productions because AI machines can produce literary and artistic content (output) that is almost necessarily “based upon”a dataset consisting of preexisting works. 17 U.S.C. § ↩︎ See id.

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Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir.

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43(B)log

OCTOBER 20, 2022

pointed out that many of the big data/evidentiary use-type fair use cases are well-described by the idea of a transformative purpose —a purpose orthogonal or unrelated to the expressive content of the original work or works used. Professor Reese’s Transformativeness and the Derivative Work Right , 31 Colum.

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Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). In the aftermath of cases like Authors Guild v.

Copyright 138

Copyright Copyright Law Fair Use Law 138

Velocity of Content

MARCH 16, 2023

I speculated that this was an attempt to avoid a messy fair use dispute. As I also mentioned, Microsoft’s lawyers seem to think that fair use excuses copying for AI purposes everywhere, so I would expect Microsoft to try that defense here, given its lack of other arguments. is being used as code.

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Intepat

DECEMBER 25, 2024

However, the Act does not provide a specific definition of creativity, and as a result, Indian courts often rely on the sweat of the brow doctrine, which focuses on the effort, skill, and judgment invested in the creation of the databases.

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Copyright Intellectual Property Copyright Law Fair Use 52

Technology & Marketing Law Blog

MAY 30, 2022

The Rusty Krab court expands upon these points in its subsequent section detailing findings of law, but its discussion is fairly conclusory, mainly comprising maxims about what a parody is and isn’t rather than specific discussion of the defendants’ use and why it fails to qualify.

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Technology & Marketing Law Blog

SEPTEMBER 18, 2021

Court Definitively Rejects AFP’s Argument That Posting a Photo to Twitter Grants AFP a License to Freely Use It — AFP v. Another Court Says Embedding Instagram Photos May Be Fair Use–Boesen v. ¯_(?)_/¯. Instagram’s TOS Authorizes Third-Party Embedding of Photos–Sinclair v. Breitbart News. Google and Amazon. United Sports.

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IP and Legal Filings

JUNE 26, 2023

The statute leaves no ambiguity in including numerals as valid trademarks when they are standalone or used in combination and are included under the definition of a mark under Section 2(1)(m) of the Trade Marks Act ,1999. For instance, use of a numeral to denote the strength of alcohol content on the label of bottle is a fair use.

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Kluwer Copyright Blog

FEBRUARY 20, 2023

.” So what is the current legal situation regarding the use of publicly available copyrighted works for the purpose of training ML systems? ” This definition clearly covers current approaches to machine learning that rely heavily on correlations between observed characteristics of training data. The future of copyright?

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