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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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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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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IP and Legal Filings

MAY 3, 2024

Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. Understanding legal and fair use is especially important in academic settings because dissemination of information often requires the use of evidence.

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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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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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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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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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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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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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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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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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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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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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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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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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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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Plagiarism Today

FEBRUARY 15, 2024

The Copyright Claims Board has handed three more determinations, including one fair use issue and two questions on damages. The post 3 New Copyright Claims Board Decisions appeared first on Plagiarism Today.

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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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JD Supra Law

FEBRUARY 9, 2024

6, 2024, that a news organization's use of a photograph of musician Ted Nugent did not constitute fair use, siding with the photographer who argued that the news organization did not alter or add any new expression required to overcome the requirements for…. Court of Appeals for the Fourth Circuit ruled on Feb.

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Intellectual Property Law Blog

JUNE 5, 2023

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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JD Supra Law

MARCH 28, 2024

The US Court of Appeals for the Second Circuit affirmed a district court’s grant of summary judgement to a luxury-watchmaker defendant, holding that its use of a registered and incontestable trademarked term was fair use because it was used descriptively and in good faith. Solid 21, Inc. Breitling U.S.A.,

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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. 6, 2024) The post Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. Case citation : Philpot v.

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Plagiarism Today

AUGUST 21, 2023

Court tosses USCO case over AI art, court to revisit fair use tattoo case and Lord of the Rings fan fiction author loses vs Amazon. The post 3 Count: Non-Copyrighted AI appeared first on Plagiarism Today.

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Kluwer Copyright Blog

APRIL 8, 2024

Image by Gerd Altmann from Pixabay The sweeping evolution of generative AI models is rapidly reshaping the legal landscape of copyright. That would mark a yawning gap between two copyright regimes, opening a new chapter in this old tale and potentially disadvantaging would-be European generative AI providers.

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Plagiarism Today

MAY 15, 2023

Court denies Grande Communications a new trial, Richard Prince suffers fair use setback, and the case against GitHub moves forward. The post 3 Count: Not Astounding appeared first on Plagiarism Today.

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JD Supra Law

JANUARY 22, 2024

On the third day of Christmas, Microsoft Corp. Microsoft”) and OpenAI, Inc.

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Plagiarism Today

AUGUST 25, 2021

In that ruling, the Supreme Court found that Google’s use of the code was, ultimately, a fair use and did so with language that seemed to many to be extremely broad. Oracle case had no bearing on this one or any fair use analysis in an “artistic” context. At least not broadly. Bottom Line.

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IP Watchdog

MAY 18, 2023

Court of Appeals for the Second Circuit was correct in holding that the Andy Warhol Foundation's (AWF's) licensing of an orange silkscreen portrait of the musician Prince, created by Andy Warhol using photographer Lynn Goldsmith’s photo, was not fair. The Supreme Court ruled today in Andy Warhol Foundation v. Goldsmith, Lynn, et.

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IP Watchdog

SEPTEMBER 6, 2024

This week in Other Barks & Bites: A House version of the Patent Eligibility Restoration Act (PERA) is introduced; Judge Pauline Newman’s suspension from hearing cases at the Federal Circuit, on which she has served for 40 years, is officially extended by the court’s Judicial Council; OpenAI asks a New York court to dismiss several claims in one (..)

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Plagiarism Today

NOVEMBER 18, 2021

1: ‘GTA’ Reverse-Engineer Modders Defend Projects as Under “Fair Use”. First off today, Will Nelson at NME reports that video game modders are fighting back against a lawsuit filed by Rockstar Games claiming that their fan-created mods are a fair use, not a copyright infringement.

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Plagiarism Today

SEPTEMBER 23, 2021

Un)Fair Use and Other Questions. This hurts uses that, according to most people, would likely be considered a fair use and non-infringing. This means that it can be very difficult and even unreliable to use third party content on sites monitored by bots. Even if that use is a probable fair use.

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Plagiarism Today

AUGUST 17, 2022

Copyright Office Argues Warhol’s Use of Prince Photo Was Not ‘Fair Use’. First off today, Jaron Schneider at PetaPixel reports that the United States Copyright Office has weighed in on the Andy Warhol case, telling the Supreme Court that they feel Warhol’s paintings were not a fair use of Lynn Goldsmith’s photos.

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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.

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Plagiarism Today

AUGUST 16, 2022

The estate, however, has argued that Warhol’s creations were a fair use. Both sides have filed prehearing briefs and the estate is asking for a more narrow inquiry into the issues, asking whether the paintings are protected under fair use and are transformative.

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