Plagiarism Today

MAY 31, 2022

2: Amendment Passes to Grant Teachers Fair Use of Copyrighted Work Remotely. Next up today, Focus Taiwan reports that the Taiwan legislature has passed a new copyright law that would grant educators a fair use protection when using copyright-protected works via online classes.

Fair Use 246

Fair Use Reporting Plagiarism Copyright 246

Kluwer Copyright Blog

JUNE 5, 2023

Supreme Court agreed to review the Second Circuit’s ruling that Andy Warhol’s series of colorful prints and drawings of Prince were not transformative fair uses of Lynn Goldsmith’s photograph (for a previous comment on this case, see here ). Goldsmith, 11 F.4th 4th 26 (2d Cir. 2021) (available here ) In March 2022 the U.S.

Derivative Work 93

Derivative Work Fair Use Licensing Art 93

Kluwer Copyright Blog

MAY 9, 2022

Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message. have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement.

Fair Use 100

Fair Use Derivative Work Art Licensing 100

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."

Graphic Design 98

Graphic Design Designs Design Editing 98

IP Law 360

JULY 17, 2023

The Ninth Circuit ruled Monday that the practice of embedding Instagram posts doesn't infringe copyright protections because the owners of the original posts still have the power to edit them, refusing to budge on what a pair of litigating photographers called an outdated legal precedent.

Fair Use 72

Fair Use Editing Litigation Copyright 72

SpicyIP

MARCH 29, 2025

Our judges for this edition were Prof. (Dr.) It then explains why the existing fair use defense in the context of text and data mining is deeply problematic and should be replaced. We received several excellent submissions across a wide range of topic areas. Mrinalini Kochupillai, Mr. Murali Neelakantan, and Justice Gautam S.

Intellectual Property Law 64

Intellectual Property Law Intellectual Property Law Fair Use 64

TorrentFreak

JUNE 14, 2022

Internet Archive later called for a peaceful solution , offering to partner with publishers to create a “digital system that works” A month later IA filed its answer to the complaint supported by defenses under fair use and the DMCA’s safe harbor provisions, and later attempted to show that its library did publishers no harm.

Publishing 135

Publishing Fair Use Copying Editing 135

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

Often such audience, who can easily access any photograph, use these photographs after making certain modifications to them through photo-editing software like Photoshop, Adobe and many other photo modification tools. Thus, the question arises if such use attracts copyright infringement. Firstly, the exception of fair use.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 52

Plagiarism Today

AUGUST 10, 2022

RightsClick also makes it easy to bulk edit a large number of works. 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. The next phase, ideally, is to register the work with the U.S.

Copyright 348

Copyright Cease and Desist Registration Design 348

TorrentFreak

APRIL 23, 2024

Lawsuit and Appeal Internet Archive believes that its approach falls under fair use but publishers Hachette, HarperCollins, John Wiley, and Penguin Random House disagree. IA Points Out ‘Critical Misconceptions’ The Archive maintains that its lending service is fair use.

Copyright 137

Copyright Fair Use Copying Publishing 137

TorrentFreak

MARCH 25, 2024

Internet Archive’s theory of fair use represents a threat just as grave.” ” According to the amici, there is nothing fair about IA’s digital library; instead, they see it as “unambiguous copyright infringement.” Thus, its actions are decidedly not protected by fair use,” their brief reads.

Publishing 144

Publishing Copyright Fair Use Intellectual Property Law 144

IP Law 360

MARCH 1, 2023

An attorney for video editing company Stitch Editing told a California federal jury during opening statements on Wednesday that TikTok caused $116 million in damages by stealing Stitch Editing's trademarked name with the app's "Stitch" editing feature while TikTok's attorney said it's protected by fair use

Editing 75

Editing Fair Use Trademark 75

SpicyIP

MARCH 1, 2025

In light of Amazon’s decision to disable the ‘Download or Transfer via USB’ feature from their Kindle devices, Arnav Kaman discusses DRMs/TPMs, the rights of the user, what users can do with their ebooks within the fair use doctrine, and the future of ebooks in this guest post.

Copying 59

Copying Editing Licensing Copyright 59

TorrentFreak

JANUARY 17, 2024

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.

Copyright 141

Copyright Derivative Work Fair Use Reporting 141

Intepat

DECEMBER 18, 2024

Fair Use and Public Domain in Podcasting Fair use is a nuanced legal principle that allows limited use of copyrighted material for purposes such as commentary, criticism, or education, with courts evaluating factors like purpose, nature, amount, and market impact. For instance, in Campbell v. Acuff-Rose Music, Inc.

Licensing 52

Licensing Copyright Public Domain Music 52

Velocity of Content

MAY 22, 2024

In other words, “license or risk losing” is a significant consideration for rightsholders in the US and other countries. We do not decide how the fair use balance would be resolved if a photocopying license for Catalysis articles were not currently available.”

Licensing 52

Licensing Editing Copyright Fair Use 52

SpicyIP

OCTOBER 9, 2024

Discussing the decision of the US Court of Appeals for the Second Circuit in Hachette Book Group v. Internet Archive, our fellowship applicant Tanishka Goswami explains the implication of the decision on fair use. Through this post, I shall: firstly , examine the Appellate Court’s “fair use” analysis w.r.t.

Copyright Law 105

Copyright Law Copyright Fair Use Law 105

Technology & Marketing Law Blog

SEPTEMBER 29, 2024

The denial of fair use stands, but the damages get zeroed out. Fair Use Nature of Use “Defendants’ use of the tattoos was clearly commercial.” The videogame made a commercial editorial use of the tattoo. ” I could see the fair use analysis going the other way on appeal.

Copyright 116

Copyright Fair Use Licensing Blogging 116

LexBlog IP

MAY 24, 2023

Goldsmith , Opinion located here , the estate of deceased pop artist Andy Warhol argued its use of the photo at issue was fair use under the first of the four Fair Use test factors (the “purpose and character of the use”), because Warhol’s contributions were transformative, adding new expression, meaning, or message.

Fair Use 40

Fair Use Copyright Licensing Copying 40

Kashishipr

MAY 25, 2021

Such a license would enable using the resources held by owners of the CC Licenses to the extent of editing, remixing, copying, and distributing the work without circumventing the copyright law. Blogging and Fair Use. You may sign-up for a Creative Common License where the issue lies in seeking acknowledgment of the work.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

Velocity of Content

FEBRUARY 7, 2024

2023), the Court of Appeals for the District of Columbia Circuit ruled that the non-commercial posting of standards incorporated into reference by law is fair use. Relying on the absence of rights reservation language is risky, unless the AI developer is absolutely certain that it is using an official version. 4th 1262 (D.C.

Editing 59

Editing All Rights Reserved Publishing Copyright 59

Copyright Lately

SEPTEMBER 8, 2024

Internet Archive (read the opinion here) , the court dealt a decisive blow to the Internet Archive, ruling that its practice of scanning and lending digital copies of books doesn’t qualify as fair use under the Copyright Act. To be sure, the per-user cost is lower, but not nearly as low as the per-user cost on the print edition.

Publishing 97

Publishing Copying Fair Use Licensing 97

Kluwer Copyright Blog

APRIL 22, 2024

Furthermore, it is debatable whether the creation of NFTs can be considered “fair use”, since (i) this generates a “new” public and a new “digital” market for artworks that, to date, only existed in the real world and (ii) it deprives de facto copyright holders of a potential source of income.

Copyright 125

Copyright Artwork Moral Rights Non-Fungible Tokens 125

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). We posted three chapters from the book: Featuring People in Ads (2022 Edition). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Books and Academic Articles. Blog Posts.

Editing 98

Editing Social Media Blogging Advertising 98

Olartemoure Blog

AUGUST 19, 2022

Colombia’s National Business Association (ANDI) published the 6th edition of its Business Innovation Ranking reviewing innovative dynamics in the Colombian business network inside several economic sectors. 08/19/22 – Innovation. Grupo Nutresa , SURA and Alpina stood out as the three most innovative companies. First Name.

Fair Use 98

Fair Use Intellectual Property Business Branding 98

Copyright Lately

APRIL 3, 2023

The future of “controlled digital lending” is in doubt after a court rules that the Internet Archive’s online library is not protected by fair use. Instead, IA argued that its conduct was protected by fair use. A New York federal judge has ruled in favor of four leading U.S.

Fair Use 75

Fair Use Copying Publishing Copyright 75

Copyright Lately

JULY 15, 2024

Chain is an upscale culinary homage to iconic chain restaurant offerings and has, at various times, featured limited edition versions of BJ’s Pizookie, Outback’s Bloomin’ Onion, and Taco Bell’s Crunchwrap Supreme. Novak and Michelin-starred chef Tim Hollingsworth.

Social Media 100

Social Media Music Fair Use Copyright Infringement 100

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? More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265 New forms of collective action? The future of copyright?

Copyright 111

Copyright Fair Use Publishing Law 111

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

IPilogue

OCTOBER 4, 2021

Other times, we looked at diagrams from an older edition of a textbook that were “much better for the purposes of our class.” Osgoode Hall’s Professor Giuseppina D’Agostino’s comparative analysis of Canadian, UK, and American fair use/dealing: [link].

Copyright 131

Copyright Copying Fair Use Editing 131

The IPKat

FEBRUARY 28, 2024

This is a review of Music Borrowing and Copyright Law, a Genre-by-Genre Analysis , edited by Enrico Bonadio (City, University of London) and Chen Wei Zhu (University of Birmingham). This edited collection will be enjoyed by scholars and practitioners interested in music and copyright, as well as musical cultural heritage.

Music 75

Music Copyright Law Law Copyright 75

TorrentFreak

FEBRUARY 23, 2022

We removed 665,898 pieces of content in response to these takedown notices,” the company reveals in the latest edition of its transparency report. Furthermore, the submitter must also consider whether the content they’re complaining about is being used legally, i.e under the doctrine of fair use.

Copyright Infringement 124

Copyright Infringement Copyright Copyright Notice Reporting 124

SpicyIP

FEBRUARY 28, 2025

Further, editing, taking of screenshots/screen-grabs must be restricted. In effect, since DRM impacts the very design of the content, access for legitimate/fair use such as criticism, parody, educational purposes, etc. becomes difficult as well.

IP 59

IP Copyright Infringement Copyright Copyright Law 59

JIPL Online

MARCH 15, 2021

In 2018, the Satanic Temple sued Netflix for fifty million dollars when Netflix used a sculpture of a goat-headed deity on “The Chilling Adventures of Sabrina.” [9] 13] In 2017, a photographer and copyright owner of images of VHS cassettes asserted that “Stranger Things” used these photos for its Collector’s Edition boxed set. [14]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

Kluwer Copyright Blog

FEBRUARY 2, 2023

Text and data mining There is wide disparity in the scope of exceptions in national copyright laws permitting copying for the use of training AI. The issue of works in the style of artists may arise in the US class action against Stability AI and others, but under the more general US exception of fair use.)

Copyright 145

Copyright Art Registration Fair Use 145

SpicyIP

JANUARY 31, 2025

Analysing the impact of Indian copyright law on fair use in academic and critical writing. Evaluating the doctrine of fair use for Indian social media platforms in light of global cases. In the event that a cited material does not have an online copy or reference, only endnotes must be used.

Blogging 59

Blogging Intellectual Property Journalism Social Media 59

IP and Legal Filings

JUNE 26, 2023

Descriptive use of numbers The descriptive use of a numeral on the label of goods or services is the fair use defence that is often invoked in infringement and passing off suits. For instance, use of a numeral to denote the strength of alcohol content on the label of bottle is a fair use.

Trademark 96

Trademark Fair Use Registration Brands 96