IP Law 360

OCTOBER 22, 2024

Anthropic PBC will mount a fair use defense against allegations from a proposed class of authors and journalists who sued the artificial intelligence company in August for allegedly ripping off their copyrighted work to train its large language model Claude.

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TorrentFreak

SEPTEMBER 2, 2024

That was perceived as an attempt to bring the matter to an end but on unacceptable terms; no recognition of Parrish’s right to use the material under the doctrine of fair use and a potentially devastating effect on raising awareness and future criticism of the religious group. Factors of Fair Use A.

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Hugh Stephens Blog

JANUARY 31, 2024

Photo: Author A couple of recent cases in the US involving (mis)appropriation of copyrighted photographs indicate the tide may be changing with respect to the interpretation of what constitutes fair use, moving from a very liberal interpretation of “transformation” that has been used in recent years to justify unauthorized reproduction of copyrighted (..)

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The Illusion of More

JULY 11, 2024

In February 2023, I argued that using copyrighted works for the purpose of training generative artificial intelligence (GAI) products is not fair use.

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IP Law 360

AUGUST 19, 2024

A New York federal judge said Monday that the fair use exception to copyright law is fatal to former U.S. George Santos' suit against ABC and Jimmy Kimmel over video clips that the late-night TV show host tricked the ex-congressman into making.

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TorrentFreak

JULY 27, 2024

There are also grave concerns that proposed “fair use” exceptions, which are partly modeled after U.S. South Africa Defends Broad Fair Use Exceptions This week, the Government sent a response to the USTR addressing IIPA’s critique. to use it as a basis for sanctions.

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The Illusion of More

JANUARY 15, 2024

When these headlines are paired with the rampant assertions that ML is inherently fair […] The post “Fair Use” is Not a Great Business Plan appeared first on The Illusion of More.

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Creative Law Center

APRIL 10, 2021

Fair use guidelines are evolving. The post New Fair Use Guidelines: the Defense Narrows appeared first on Creative Law Center. You can't just slap your style on someone else's creative work and call it transformative.

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JD Supra Law

SEPTEMBER 25, 2024

In a ruling that’s being hailed as a win for fair use, a federal judge has tossed out a lawsuit brought by disgraced ex-congressman George Santos against late-night TV host Jimmy Kimmel, in Santos v. Kimmel, American Broadcasting Companies, Inc., and Walt Disney Company, 1:24-cv-01210, in the Southern District of New York.

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The Illusion of More

DECEMBER 1, 2023

Goldsmith restored what many of us view as common sense to the fair use doctrine of transformativeness, the flurry of litigation against AI developers will test the same principle in a different light.

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The Illusion of More

MARCH 1, 2024

Thus ends the 12th Annual Fair Use Week, and after the Warhol decision, it must be asked whether the parties who invented this holy week of the copyleft intend to continue the farce much longer. As a refresher, the fair use doctrine has been part of the U.S. appeared first on The Illusion of More.

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The Illusion of More

AUGUST 8, 2022

I understand pursuing a fair use defense in a copyright case when the user of a work does something new and creative and believes there is a plausible argument to be made. I also understand why copyright skeptics file amicus briefs seeking opinions that would change the fair use doctrine.

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The Illusion of More

JANUARY 26, 2024

Yesterday, New York federal judge Sidney Stein ruled that Richard Prince, one of the most famous appropriation artists in the world, infringed the copyright rights of photographers Donald Graham and Eric McNatt by using their works in the controversial “New Portraits” series.

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TorrentFreak

DECEMBER 18, 2023

Mass Copyright Infringement or Fair Use? The Internet Archive wholeheartedly disagreed with the copyright infringement allegations; it offers a vital service to the public, the Archive said, as it built its legal defense on protected fair use. The library argues that the court erred by rejecting its fair use defense.

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Copyright Alliance

MAY 19, 2023

Yesterday, the Supreme Court, in a 7-2 opinion written by Justice Sonia Sotomayor, found that the purpose and character of the Andy Warhol Foundation’s (AWF) use of Lynn Goldsmith’s photograph […] The post Landmark Warhol Decision Reins in Transformative Fair Use appeared first on Copyright Alliance.

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JD Supra Law

OCTOBER 3, 2024

Affirming the application of the fair use defense to copyright infringement, the US Court of Appeals for the Fifth Circuit determined that a district court’s sua sponte invocation of a fair use defense to parallel trademark claims was harmless error.

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IP Law 360

NOVEMBER 13, 2024

Copyright Office addressing questions of infringement and training artificial intelligence models with copyrighted material will address fair use, Shira Perlmutter, the office's director, told a U.S. An upcoming report from the U.S. Senate oversight panel Wednesday.

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Likelihood of Confusion

SEPTEMBER 28, 2022

We’re a little obsessed here with the rights of “unauthorized” resellers to use the trademarks that describe the stuff they’re reselling. So this UK domain name decision strikes us as. The post Beyond fair use appeared first on LIKELIHOOD OF CONFUSION™.

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Likelihood of Confusion

MARCH 10, 2023

The continuum of defenses to claims sounding in trademark that runs from free speech, through fair use to nominative fair use is a longtime topic of interest around here, from. The post Domain names and fair use appeared first on LIKELIHOOD OF CONFUSION™.

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Dear Rich IP Blog

APRIL 9, 2024

From everything I've researched, all the images in the book should come under fair use. Polar interrogatives work well in psychology tests , congressional hearings , and wedding vows , but they're not suitable for analyzing fair use. That said, we think you are likely to prevail in a fair use dispute.

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IP Watchdog

JANUARY 29, 2024

The two nearly identical final judgments were entered in favor of the photographer plaintiffs’ claims that Prince and the exhibiting galleries willfully infringed on their photographs, and the court dismissed all the defenses raised – including the fair use defense – with prejudice.

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IP and Legal Filings

NOVEMBER 22, 2023

Nominative fair use of a trademark is a legal doctrine that can be used as a defence in some types of trademark infringement cases. Following are the measures to be taken care of while taking nominative fair use as a defence – The use of the registered trade mark was bonfide. No sponsorship or endorsement.

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IP Law 360

NOVEMBER 7, 2024

Ross Intelligence pushed back on Thomson Reuters's renewed bid to block it from claiming fair use in a suit alleging that Ross ripped off the Westlaw research platform for its artificial intelligence product, saying in a filing unsealed Wednesday that the output of its tool "did not contain or depend on" any copyright materials claimed by Thomson Reuters, (..)

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IP Watchdog

FEBRUARY 1, 2024

As often is the case with claims like these, the merits will center on the fair-use doctrine, a well-recognized legal principle in copyright law that aims to balance the interests of copyright holders with the public benefit of free speech and creative works.

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Copyright Alliance

NOVEMBER 30, 2023

This is […] The post Copyright Cases Visual Artists Should Know: Part 3, Fair Use appeared first on Copyright Alliance. As seen in parts 1 and part 2 of our blog series, where there is art, there are artists who love to push boundaries, particularly in copyright law.

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The Illusion of More

FEBRUARY 23, 2023

Both cases allege infringing use of large […] The post Why Machine Training AI with Protected Works is Not Fair Use appeared first on The Illusion of More. In the U.S., a class-action was filed by visual artists against DeviantArt, Midjourney, and Stability AI; and in the UK, Getty Images is suing Stability AI.

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JD Supra Law

MAY 13, 2024

The case, filed in January in New York federal court by photographer Allen Kee, claims that the defendants violated his copyright by using his photo of Sanders in action during a 1995 game as the model for the pose in the statue. The case explores the intersection of the “fair use” doctrine for both sculptors.

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The Illusion of More

JUNE 8, 2023

Goldsmith, she stated the following: If Warhol had used Goldsmith’s photo to comment on or critique Goldsmith’s photo, he might have availed himself of that factor’s benefit (though why anyone would be interested in that work is mysterious).

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TorrentFreak

SEPTEMBER 28, 2023

Among its arguments to dismiss the claims, the AI company cited fair use. It argued that the use of large amounts of copyrighted texts could be seen as ‘fair’ because it helps to facilitate progress and innovation. “Fair use, of course, is an important—yet limited—feature of U.S. copyright law. .

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The Illusion of More

APRIL 2, 2024

Most of the program is devoted to […] The post Decoder podcast: AI could go extinct because fair use is whimsical appeared first on The Illusion of More. The article summarizes a new Decoder podcast hosted by Nilay Patel, joined by Sarah Jeong to discuss the copyright lawsuits filed against generative AI developers.

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Copyright Lately

AUGUST 14, 2023

Fischer denied both parties’ motions for summary judgment, finding triable issues of substantial similarity and fair use. Among other things, the court held that there was a factual dispute as to whether or not defendants’ purpose in using Sedlik’s image of Miles Davis was “commercial.”

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IP Law 360

OCTOBER 4, 2024

The American Society for Testing and Materials has lost a bid to enjoin a website from posting ASTM's copyrighted technical standards for building projects, after a Pennsylvania federal judge concluded that what the website does is fair use.

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Likelihood of Confusion

SEPTEMBER 16, 2021

First, this vintage LOC item: Fred von Lohmann of the EFF calls out YouTube: Fair use has always been at risk on YouTube, thanks to abusive DMCA takedown notices sent. The post The “Fair Use Massacre” (updated) appeared first on LIKELIHOOD OF CONFUSION™.

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BYU Copyright Blog

OCTOBER 7, 2024

Internet Archive's Fair Use Defense Falls Short Fair Use,Literary Works,Infringement Found October 07, 11:03 AM October 07, 11:03 AM On May 15, 2024, we published a post about an important legal dispute between the Internet Archive (IA) and the publisher Hachette, along with other major publishers (the Publishers").

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Dear Rich IP Blog

JANUARY 9, 2023

May I use it? Is it public domain or fair use? Publication of the photo in your book may qualify as fair use if it provides commentary , expresses ideas “beyond what [the [photographer] expressed in his photographs," or disputes or makes fun of the imagery. When ruling on fair use, courts consider four factors.

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IP Law 360

OCTOBER 16, 2024

A photographer wants the Ninth Circuit to undo a California federal jury's finding that cleared celebrity tattoo artist Kat Von D of claims she infringed a copyrighted photo of Miles Davis that he took, saying she failed to adequately show fair use.

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43(B)log

AUGUST 9, 2024

Is this relevant to fair use? Satire involves using the same style to clothe different ideas; therefore it shouldn’t infringe (lack of substantial similarity as in the Greatest American Hero case; German case law; perhaps the jury’s reasoning in the Kat von D case). W/o fair use, these tools are far more limited.

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