Technology & Marketing Law Blog

SEPTEMBER 23, 2022

The case involves ShutterStock, a photo licensing service. (We We used ShutterStock as the blog’s image provider for several years). ShutterStock has a “contributor” program that allows anyone to upload photos into their licensing database in exchange for a fee if licensed. Service Provider.

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Licensing Copying Blogging Copyright 111

TorrentFreak

MARCH 21, 2023

Mass Copyright Infringement or Fair Use? Without any license or any payment to authors or publishers, IA scans print books, uploads these illegally scanned books to its servers, and distributes verbatim digital copies of the books in whole via public-facing websites,” their complaint reads.

Publishing 145

Publishing Copyright Fair Use Copyright Infringement 145

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.,

Music 98

Music Licensing Television Copyright Infringement 98

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.

Fair Use 109

Fair Use Copyright Artwork Social Media 109

TorrentFreak

JUNE 14, 2022

By definition, any lending is controlled and the library simply provides a digital alternative to physical libraries. Koeltl at the District Court for the Southern District of New York, the plaintiffs say that as leading publishers of tens of thousands of books, they already issue licensed ebook editions to libraries.

Publishing 135

Publishing Fair Use Copying Editing 135

Technology & Marketing Law Blog

OCTOBER 17, 2022

” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety restraints.'” GmbH has registered trademarks in the dictionary word “Emoji.” That’s messed up.

Trademark 124

Trademark Fair Use Registration Licensing 124

Velocity of Content

AUGUST 9, 2022

Vanity Fair (magazine) took a license to use and modify the image for its magazine and hired Warhol to use his artistic talents to develop a new image. Goldsmith realized what had happened—that Warhol had made over a dozen works based on her photograph, the majority of which had not been licensed.

Fair Use 98

Fair Use Licensing Derivative Work Art 98

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. Global Perspective.

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Fair Use Copyright Law Copyright Law 52

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.

Copyright 145

Copyright Fair Use Public Domain Government 145

Technology & Marketing Law Blog

SEPTEMBER 18, 2021

The plaintiffs gave Instagram a license to display the photos. Court Definitively Rejects AFP’s Argument That Posting a Photo to Twitter Grants AFP a License to Freely Use It — AFP v. Court Rejects Agence France-Presse’s Attempt to Claim License to Haiti Earthquake Photos Through Twitter/Twitpic Terms of Service — AFP v.

Copyright 126

Copyright Copyright Infringement Social Media Licensing 126

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.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

IPilogue

AUGUST 4, 2021

This is because Copilot would copy small snippets of commonly used code which are unlikely to amount to substantial reproduction or meet the threshold of originality necessary to be protected under copyright. Some licensing agreements contain “copyleft” obligations. What About Copyleft?

Copyright Infringement 111

Copyright Infringement Copyright Licensing Intellectual Property Law 111

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.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

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.

Blogging 111

Blogging Social Media Television Fair Use 111

Kashishipr

MAY 25, 2021

You may consider dedicating a page that illustrates the definite reposting policies. You may sign-up for a Creative Common License where the issue lies in seeking acknowledgment of the work. Blogging and Fair Use. A parody is a content created out of the original work to make a gimmick or fun of the original work itself.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

TorrentFreak

AUGUST 13, 2023

Mass Copyright Infringement or Fair Use? Patrons happily use the library but not all rightsholders are happy with IA’s scanning and lending activities. The Internet Archive has no such license. The Internet Archive has no such license. As such, they want it permanently taken down.

Publishing 98

Publishing Copyright Copyright Infringement Copying 98

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. documents, or other files”, a definition that necessarily comprises source code, and hence the Licensed Materials. (As Complaint at 2.

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Blogging Licensing Privacy Copyright Notice 132

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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Derivative Work Fair Use Art Copying 72

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.

Copyright 52

Copyright Intellectual Property Copyright Law Fair Use 52

IPilogue

OCTOBER 4, 2021

Photocopying classroom materials in a K-12 public school system may have seemed harmless and benign before the 2012 Supreme Court of Canada case, Alberta v Canadian Copyright Licensing Agency (Access Copyright). A series of appeals regarding the definition of fairness ultimately led the case to the Supreme Court.

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Copyright Copying Fair Use Editing 131

Technology & Marketing Law Blog

MARCH 29, 2023

The Final Determination notes that Oppenheimer feels entitled to a licensing fee, even though he has not sold this photograph, and suggests that he is entitled to $2,775 a year for the use of the photograph. We also get the declaration of his daughter, Mariana Prutton, who is a licensed marriage and therapy counselor in California.

Blogging 105

Blogging Fair Use Copyright Copyright Notice 105

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

TorrentFreak

JULY 26, 2023

A clear definition for the word “knowingly” was sought to establish mens rea while the reference to recording a movie “or a part thereof” raised questions over punishing behavior that should be protected under fair use exceptions.

Copying 98

Copying Fair Use Cinema Reporting 98

Copyright Lately

JANUARY 23, 2023

It will learn that tables most commonly have four legs, but not always; that tables found in a dining room are used for seated persons to eat meals, while tables found next to a bed are used to hold objects like alarm clocks; that tables don’t need to be made from any particular material or have a particular color, etc.

Derivative Work 113

Derivative Work Art Copying Fair Use 113

Velocity of Content

SEPTEMBER 9, 2021

Regarding licensing, qualified YouTubers have the option of offering their works for monetization (essentially, ads running against views of their material) or for licensed reuse under a suitable Creative Commons (or other ) license. For the more easy-going as to rights, there is always the Creative Commons licensing option.

Copyright 113

Copyright Social Media Licensing Publishing 113

SpicyIP

JULY 29, 2021

This is perhaps why fonts cannot be copyrighted in the US. The US copyright law of 1976 explicitly excludes the mechanical or utilitarian aspects of applied art from the definition of artistic craftmanship. As discussed above, section 2(c) of the Copyright Act which defines artistic work gives an illustrative definition.

Copyright 126

Copyright Artistic Work Copyright Law Law 126

Intellectual Property Law Blog

JUNE 20, 2023

Thus, copyright questions implicated by generative AI ( e.g. , fair use), which have received the most significant press attention so far, are not the only pivotal intellectual property issues that require policy level attention.

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Patent Invention Art Patent Application 130

Kluwer Copyright Blog

MAY 1, 2023

In particular, only 5% of the total extent of a work, an article lawfully published in a newspaper or a periodical, a poem or a work of visual arts, including photographic works, is permitted to be used within the allowed ambit of this limitation. The licenses may cover all the same uses covered by the limitation.

Licensing 98

Licensing Publishing Related Rights Law 98

LexBlog IP

NOVEMBER 28, 2023

So ubiquitous are they in cultural parlance that a definition for them is barely necessary here. However, commonly overlooked is the fact that the underlying image or media fragment in a meme is someone’s intellectual property, and thus subject to potential legal implications if used improperly. Yes and no.

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

43(B)log

SEPTEMBER 16, 2021

Neo4j Enterprise Edition was originally offered under both a paid-for commercial license and the free GNU Affero General Public License, version 3, but Neo4j then replaced that AGPL with a stricter license (the Sweden license), which prohibited the non-paying public from engaging in commercial resale and certain commercial support services.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

Velocity of Content

AUGUST 13, 2024

Copyright exceptions such as fair use provide some support for the use of materials but they are fact specific, and broad sharing and copying of copyright materials throughout a school district or state—especially if provided by the state department of education or school district—usually requires a license.

Copyright 52

Copyright Public Domain Fair Use Licensing 52

Trademark and Copyright Law Blog

APRIL 21, 2021

This dispute concerned Google’s use of Oracle’s “declaring code” – software that provides a list of functions and definitions that specify the parameters of application program interfaces (APIs) – in Google’s Android operating system. The decade-long dispute between Google LLC and Oracle America Inc.

Copying 40

Copying Fair Use Copyright Marketing 40

IP Tech Blog

SEPTEMBER 25, 2023

There are multiple questions in the Notice dealing with the nature of the materials to train AI Systems ( e.g. , the use of copyright versus non-copyrighted works, or the use of licensed works) and the implications of the fair use doctrine in this context. See Questions 6-14 of Notice.

Copyright 62

Copyright Technology Artwork Blogging 62

JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. This is demonstrated by corporations repeatedly using memes and meme culture, albeit to varying degrees of success.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Biswajit Sarkar Copyright Blog

JULY 27, 2022

No person or organization can rebroadcast the broadcast without the license of the right owner. The term ‘rebroadcast’ has been included in the definition of broadcast and communicating the work to the public without the authorization from the owner is restricted. Fair use in criticism, review and news reporting.

Copyright 52

Copyright Licensing Reporting Fair Use 52

Kluwer Copyright Blog

AUGUST 7, 2023

In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine. In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

SpicyIP

JULY 3, 2022

Antilegend: Mmm … When you face such questions where you don’t have any definite answers or have no clue where to start with, simply say “it depends” and then ask “on what?”… In fact, the term ‘privilege’ was supposed to be used but said to have been deliberately avoided to conceal the negative connotations attached to the term. . ??Fritz

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IP Intellectual Property Government Invention 118