SpicyIP

MARCH 29, 2025

Our judges for this edition were Prof. (Dr.) In doing so, the essay highlights the paradoxical stance of companies on training other ML systems using the output generated by their own ML systems and discusses the copyrightability of ML system-generated output, if any. Mrinalini Kochupillai, Mr. Murali Neelakantan, and Justice Gautam S.

Intellectual Property Law 64

Intellectual Property Law Intellectual Property Law Fair Use 64

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 Designs 348

Velocity of Content

MAY 22, 2024

This article originally appeared in The Scholarly Kitchen Copyright Licensing and Human Advancement Copyright licensing, that is, the granting of permission to reuse copyright works, has likely existed as long as copyright. Collective copyright licensing is nearly as old, generally viewed as dating from 1777.

Licensing 52

Licensing Editing Copyright Fair Use 52

TorrentFreak

APRIL 23, 2024

The organization doesn’t license authorized digital copies from publishers; instead, its books are scanned and digitized in-house. Lawsuit and Appeal Internet Archive believes that its approach falls under fair use but publishers Hachette, HarperCollins, John Wiley, and Penguin Random House disagree.

Copyright 137

Copyright Fair Use Copying Publishing 137

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

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. Kindle is not a bookseller.

Copying 59

Copying Editing Licensing Copyright 59

TorrentFreak

MARCH 25, 2024

Publishers vs. Internet Archive The self-scanning service offered by the Internet Archive (IA) differs from the licensing agreements entered into by other libraries. Internet Archive’s theory of fair use represents a threat just as grave.” Thus, its actions are decidedly not protected by fair use,” their brief reads.

Publishing 144

Publishing Copyright Fair Use Intellectual Property Law 144

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

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

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. .”

Copyright 141

Copyright Derivative Work Fair Use Reporting 141

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. On September 4, the Second Circuit affirmed. I downloaded this classic from IA’s Open Library.

Publishing 97

Publishing Copying Fair Use Licensing 97

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

SpicyIP

FEBRUARY 28, 2025

Firstly , appropriate licensing is the foremost requirement for IPTV applications to operate legally. Apart from the obligation on telecom/internet service providers to pay the requisite license fees, they have to furnish complete details of their net worth and value addition (if any) to the content streamed through the IPTV platform.

IP 59

IP Copyright Infringement Copyright Copyright Law 59

Kashishipr

MAY 25, 2021

You may sign-up for a Creative Common License where the issue lies in seeking acknowledgment of the work. 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.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

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

Velocity of Content

FEBRUARY 7, 2024

As research organizations are typically publishers’ customers or using content available under open access licenses, STM publishers were generally supportive of this exception. Relying on the absence of rights reservation language is risky, unless the AI developer is absolutely certain that it is using an official version.

Editing 59

Editing All Rights Reserved Publishing Copyright 59

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

SpicyIP

JANUARY 31, 2025

Analysing the complexities of licensing deals for film and television adaptations. 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. International Public License.

Blogging 59

Blogging Intellectual Property Journalism Social Media 59

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

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. Is it a proper copyright ownership or an assigned license?

Copyright 135

Copyright Ownership Social Media Licensing 135

Velocity of Content

DECEMBER 4, 2024

Professor Paul Goldstein, for example, has argued that, in light of the enumeration, the statutory text is intended primarily to protect certain licensing markets. The canon, however, “cannot be used to ‘obscure and defeat the intent and purpose of Congress’ or ‘render general words meaningless.’” United States v. Kaluza, 780 F.3d

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 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). Other times, we looked at diagrams from an older edition of a textbook that were “much better for the purposes of our class.”

Copyright 131

Copyright Copying Fair Use Editing 131

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

SpicyIP

JULY 29, 2021

Section 51 deals with infringement, not exceptions, and Sub-section 51(1) does not even exist – showing how carelessly the Report has been drafted and edited.]. To put things in perspective, even the most IP-friendly jurisdiction of US in Cambridge v. Bench decision). Embracing internet broadcasts within Section 31D.

Copyright 119

Copyright Reporting Fair Use Copyright Law 119

43(B)log

SEPTEMBER 16, 2021

Neo4j originally offered a free and open source version of the Neo4j platform known as the Neo4j Community Edition, with limited features and no technical or administrative support. under a commercial license only. Neo4j ultimately considered PureThink’s Neo4j Government Edition to be a problem. This used Neo4j EE version 3.4

False Advertising 64

False Advertising Advertising Advertising Licensing 64

LexBlog IP

MAY 31, 2023

The Court held that the first factor of the copyright fair use test favored respondent photographer, Lynn Goldsmith, rather than petitioner, Andy Warhol Foundation for the Visual Arts (“AWF”). Vanity Fair engaged Andy Warhol to create an illustration based on Goldsmith’s photograph for use in the magazine.

Fair Use 52

Fair Use Licensing Copyright Editing 52

Kluwer Copyright Blog

FEBRUARY 2, 2023

And, in December, Tor , a “ Publisher of Science Fiction, Fantasy, Horror, Mystery, Thriller and Suspense, and Other Speculative Fiction “, apologised for using an AI-generated image for a cover design saying “we licensed an image from a reputable stock house.

Copyright 145

Copyright Art Registration Fair Use 145

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

The IP Law Blog

JUNE 15, 2023

Real estate brokers generally retain VHT to photograph properties they are attempting to sell and then edit the photos, save them in their electronic database, and deliver them to the client pursuant to a license agreement. First, it primarily used them in connection with the display of properties listed for sale on Zillow’s site.

Copyright 98

Copyright Registration Licensing Derivative Work 98

Kluwer Copyright Blog

MARCH 6, 2023

In the same vein, studies by Piotr Przybyła et al and Alison O’Mara-Eves et al show the usefulness of AI and data mining for prioritizing and identification in Systematic Reviews. Many of the projects described below use this basic function of TDM in various specific applications. million abstracts. HathiTrust, 755 F.3d 3d 87 (2d Cir.

Copyright 126

Copyright Social Media Publishing Licensing 126

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

JIPL Online

MARCH 19, 2021

Given the disparity in negotiating power between a platform the size of Twitch and individual creators, Twitch is better situated to take on the burdens of negotiating a music licensing solution on behalf of all of the creators who drive traffic to their site. [i]

Music 76

Music Copyright Licensing Fair Use 76

LexBlog IP

NOVEMBER 28, 2023

But wait, shouldn’t the Fair Use Doctrine imputed under the First Amendment apply to an obviously parodied creative work? All meme-like images in this article are properly licensed. Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here? Yes and no. What about meme generators?

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

The IPKat

FEBRUARY 21, 2022

This Conference marks the 25th anniversary of the Boards of Appeal and will bring together leading intellectual property experts from multiple jurisdictions, representing a broad spectrum of professional interests with representatives from some of the leading IP offices, lawmakers, judges, academics, and lawyers.

Intellectual Property 69

Intellectual Property Moral Rights Registration Editing 69

IIPRD

MARCH 5, 2025

For instance, in the case of, for example, when AI generation opens up a dialogue among developers and fosters them into speaking with one another over a certain portion of photo editing in new media spaces, it can also go into the generation of new occupations.

Copyright 52

Copyright Intellectual Property Copyright Law Artwork 52

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

However, copyright infringement occurs when such copyrighted music is streamed without acquiring proper license from the copyright owners. Through licensing of the copyrighted work, the exclusive rights to reproduce and distribute are transferred to the licensee who pay royalty to the licensor i.e,

Music 52

Music Moral Rights Television Copyright Infringement 52

Velocity of Content

JUNE 8, 2022

I read it a least a dozen times – play and novel — when I was a young fellow, and again recently ( Annotated Edition ). Aside to the reader: I love Barrie’s original Peter Pan. Paramount Studios, with Barrie’s cooperation, releases a film adaptation of Barrie’s play. Peter Pan” (1953 animated film).

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105