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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Technology & Marketing Law Blog

FEBRUARY 12, 2024

This is what I call a “commercial editorial use”–ad-supported editorial content. Courts routinely split on whether commercial editorial use is commercial for fair use purposes. The ridiculously low economic stakes of this case are what the CCB was designed to handle. Case citation : Philpot v.

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Plagiarism Today

OCTOBER 13, 2022

However, after Prince died in 2016, it was revealed that Warhol actually made an additional 14 prints using the photograph. The Appeals Court ruled against the Warhol estate finding that the images in question were not a fair use. 2: Textile Designer Sues Zulily for Copyright Infringement.

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Intellectual Property Law Blog

APRIL 13, 2023

These issues include whether the training of GAI models constitute infringement or is permitted under fair use, who is liable if the output infringes (the tool provider or user) and whether the output is copyrightable. Many uses will be fine, but many will cross a legal line. Some will do so based on intentional design.

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Plagiarism Today

SEPTEMBER 23, 2021

It is a law that was designed to let humans govern how other humans use content. Un)Fair Use and Other Questions. This hurts uses that, according to most people, would likely be considered a fair use and non-infringing. Even if that use is a probable fair use.

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IP Law 360

OCTOBER 20, 2022

A graphic designer who worked on the racy mixtape cover at the heart of a right-of-publicity suit against rapper Cardi B told a California federal jury Thursday that he never told Cardi B's representatives he picked an internet-sourced image of the plaintiff's distinctive tattoo, believing it was "fair use."

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Copyright Lately

DECEMBER 29, 2024

Fair Use Declawed. This overly restrictive interpretation of the Supreme Courts 2023 Warhol decision sent shockwaves through the filmmaking community, which often relies on fair use to incorporate brief historical footage into their works for entirely new and different purposes. For that reason, Prepared Food Photos v.

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JD Supra Law

FEBRUARY 13, 2025

On February 11, 2025, Judge Bibas of the Third Circuit, sitting by designation in the US District Court for the District of Delaware, issued a decision granting partial summary judgment to Thomson Reuters in the closely watched case of Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc.

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The IPKat

MARCH 4, 2025

Patents and SPCs Rose Hughes reviewed the capabilities and limitations of AI-powered software designed to assist in patent drafting. Copyright and Design Law Alessandro Cerri detailed a decision by a Delaware court where the fair use defense was successfully applied in a copyright infringement case.

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Plagiarism Today

AUGUST 10, 2022

The reason for this is simple, the systems for organizing, registering and enforcing copyrights were, by in large, designed for large copyright holders. 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.

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Plagiarism Today

SEPTEMBER 28, 2021

” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works. In 2009, the Associated Press filed a lawsuit against artist Shepherd Fairey over the famous Obama “Hope” poster that he designed. Bottom Line.

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Plagiarism Today

SEPTEMBER 2, 2022

This, in turn, raises questions of fair use and those types of cases are often long, drawn out, expensive and difficult to predict. In short, fair use is largely subjective and there is a great deal of uncertainty when heading into such a case. However, it could still be an indicator of what is to come. Bottom Line.

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LexBlog IP

JANUARY 12, 2024

fair use) must be evident from the face of the complaint. Here, while defendant’s own mark prominently appeared alongside plaintiff’s mark on its packaging, whether this was fair use could not be determined at the 12b6 stage. SDNY: For purposes of a MtD, Defendant’s affirmative defenses (e.g.

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Plagiarism Today

OCTOBER 25, 2021

The lawsuit was filed by Jocelyn Susan Bundy, who claims that her grandfather created the design based on Dante’s Inferno. A similar work to that piece was used on the Nirvana Vestibule shirt, also based on Dante’s Inferno. Let me know via Twitter @plagiarismtoday. That prompted the lawsuit for copyright infringement.

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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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Technology & Marketing Law Blog

FEBRUARY 11, 2025

[A surprising ruling from Judge Bibas (sitting as a district court judge by designation) in the Thompson Reuters v. 4) I disagree with the court’s application of the fair use transformative standard. Ross case, because he reverses himself on numerous points (all in favor of the copyright owner).

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Velocity of Content

OCTOBER 27, 2024

Nadella asks: “If I read a set of textbooks and I create new knowledge, is that fair use?” LLMs, however, are explicitly designed to bypass the need for future engagement with the original works. ” This analogy fundamentally mischaracterizes how LLMs work.

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Plagiarism Today

OCTOBER 19, 2022

Next up today, the Associated Press reports that an artist has filed a lawsuit against Cardi B over the cover of one of her mixtapes that featured a back tattoo that he both designed and is wearing. Cardi B had previously argued that the use of the image was a fair use because it was transformative.

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The IP Law Blog

APRIL 8, 2021

Finding Google’s copying a fair use, the Supreme Court ended Oracle’s decade-long attempt to recover copyright damages. The battle began between these tech giants when Google designed its Android software platform for mobile devices, such as smartphones. Weighing the fair-use factors, the Court found in Google’s favor.

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Plagiarism Today

FEBRUARY 8, 2022

Though Goldsmith had licensed one of the images to be used, Warhol made an entire series based on her work, and that only became knowledge after Prince’s death in 2016. However, the lower court ruled against Goldsmith, saying that Warhol made a fair use of her work. This prompted Goldsmith to file a lawsuit that year.

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Technology & Marketing Law Blog

NOVEMBER 16, 2024

The defendant published a bio on Sewell and included one of McDermott’s photos–apparently sourced from an unrelated Instagram account (possibly another infringer, or perhaps that account has a fair use defense?). In 16 months, the bio generated less than 100 views. Covington & Burling defended KMC, apparently pro bono.

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Copyright Lately

OCTOBER 20, 2024

At trial, American focused primarily on its trademark infringement and unfair competition claims, arguing that Skiplagged misled consumers by making itself appear like an authorized agent of the airline, in part by using American’s logo in ways that could cause confusion. Here, the jury sided with the airline, awarding $4.7

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Dear Rich IP Blog

OCTOBER 12, 2021

This coursepack will consist of writing and revising methods gleaned from various writing books (Strunk and White, On Writing Well, etc) and will also include worksheets (which my team will create and design from scratch). Is it fair use to build on their material in this way or do I have to ask the publishers for permission?

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Technology & Marketing Law Blog

AUGUST 8, 2021

Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use. The Crony graphic also doesn’t qualify for fair use: Nature of Use. Multimedia System Design , 2021 WL 3271829 (S.D.N.Y.

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Copyright Lately

JANUARY 23, 2024

She’ll also testify that she had no reason to believe that using a photo as a tattoo could constitute copyright infringement. That said, expect most of the action to center on the fair use defense. A fair use finding may be the only way to ensure that all of these photos aren’t considered to be infringing copies.

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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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LexBlog IP

MAY 19, 2023

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. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. copyright law. Copyright law in the U.S.

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Copyright Lately

SEPTEMBER 29, 2024

In May, State Farm filed a motion to dismiss the lawsuit (read here) , arguing that Atari was “seeking a windfall for the inadvertent and fleeting use of a decades-old arcade game.” The Fair Use Defense The court also denied State Farm’s motion to dismiss Atari’s copyright claim based on the fair use defense.

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TorrentFreak

MARCH 27, 2022

Dealing with most claims this way provides efficiency for YouTube but there are times when algorithms get things wrong or complex issues such as determining instances of ‘fair use require input from human beings. To this end, Google/YouTube is now seeking to boost its already massive team. Copyright Operations Specialist.

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Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

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Technology & Marketing Law Blog

MARCH 15, 2022

That’s by design–the DMCA was designed to resolve matters outside of court. Now, imagine the rightsowner also overclaimed trade dress protection for its sage leave design. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

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Dear Rich IP Blog

AUGUST 3, 2022

But if you can't get permission, you may have a reasonable fair use argument. Reproducing the image without the copyright owner's permission is an infringement unless you can claim fair use. If the museum is new (built after 1990), copyright law protects the building's design. If you go with the photo.

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The Art Law Blog

APRIL 4, 2021

The use passed the transformativeness test because "the exhibition transformed the Photo by foregrounding the instrument rather than the performer." Totally consistent with Warhol , and with Cariou before it. All crystal clear.

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43(B)log

FEBRUARY 18, 2022

Celebrities may collaborate on designing the product. Glynn Lunney: Examples in the US seem to fall under common regimes—what about where the law clearly doesn’t cover the use, such as use of a photo on the cover of a magazine when there’s reporting about the subject. You can cluster fair use cases.

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Velocity of Content

OCTOBER 19, 2023

The 1976 Act was the first major revision of US copyright law since the 1909 Act , which was passed during the era of Mark Twain, ragtime, player pianos, and early silent films. Harper & Row brought suit and The Nation argued that publishing the excerpts was a fair use.

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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. Skull arm design. Bible verse design. Upper back design. Tribal design.

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TorrentFreak

DECEMBER 22, 2023

According to the Authors Alliance, IA’s digital ebook library is a prime example of a service that should be permitted to operate as fair use, as it benefits both writers and readers. “Fair use was designed to address precisely this type of market failure. . Thus, CDL should be upheld under fair use.

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