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AI and Fair Use: Navigating Legal Challenges in India and the United States

IIPRD

One such legal issues is what is referred to as “fair use,” which becomes particularly problematic in the context of the copyright law. Thus, fundamental questions arise, such as whether such copying amounts to infringement under copyright law or whether it falls under the purview of fair use. Google, Inc.

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Transformation or Derivation: Modern Trends in the Fair Use Doctrine from Software to Photography

IP Watchdog

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. Naturally, the way courts analyze the “fair use” defense must adapt as technology advances and the way in which creative content is developed evolves.

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Derivative works: the Adventures of Koons and Tintin in French copyright law

Kluwer Copyright Blog

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

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Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

Intellectual Property Law Blog

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] 10] The more transformative a work is, the more likely it is to be considered fair use. 14] Justice Sotomayor noted that Campbell v.

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Copyright Parody Exception Denied Due to Defendant’s Discriminatory Use

TorrentFreak

is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. ” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Live Crew used it anyway. .” Campbell v.

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Online Learning Service Denies Copyright Infringement Claims

BYU Copyright Blog

In October, we reported that Post University, a for-profit university located in Waterbury, Connecticut, filed a complaint claiming copyright infringement, trademark infringement, violations of the DMCA, and related violations of law by online service provider Course Hero.

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Use of Warhol’s Prince Image Found Not to Be Sufficiently Transformative for Fair Use 

LexBlog IP

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law. Copyright law in the U.S.