TorrentFreak

NOVEMBER 16, 2021

Affirmative Defense – Fair Use. Right off the bat, the defendants assert that anything they did in connection with their GTA 3 and Vice City projects were actions protected by fair use under the Copyright Act. The doctrine of fair use bars the relief sought by Plaintiff,” the response adds.

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TorrentFreak

MARCH 25, 2025

Meta admitted the use of these unofficial sources early on. At the same time, however, the company denied the copyright infringement allegations, noting that it would rely on a fair use defense, at least in part. The authors said that the downloading of millions of books cannot be classified as fair use.

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TorrentFreak

OCTOBER 7, 2021

Early September the defendants fired back with a motion to dismiss the “fatally defective” complaint, arguing that they only used a very small portion of the four-hour broadcast for the purposes of commentary and criticism, a key component of a fair use defense. Other Fair Use Factors Cannot Be Relied Upon.

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TorrentFreak

OCTOBER 31, 2024

In Japan, where the concept of fair use isn’t recognized, there’s arguably less cause for confusion. Today’s social media users see copyright conflicts on a regular basis, but probably due to the way copyright is enforced, tend to view images and text as faiir game when compared to movies and music.

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Dear Rich IP Blog

JANUARY 9, 2023

May I use it? Is it public domain or fair use? It's also possible that the police department has created its own policy and granted blanket permission for informational purposes, or that licensing only requires attribution. When ruling on fair use, courts consider four factors. Public domain? What to do?

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TorrentFreak

FEBRUARY 20, 2022

Some of McFree’s critical videos use copyrighted material owned by Watch Tower so in 2018, the group filed an application for a DMCA subpoena which asked a court to compel YouTube/Google to hand over his details. ” Fair Use Considerations. Overall then, the first factor weighs in favor of fair use.

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TorrentFreak

FEBRUARY 6, 2025

Many of the details were previously sealed, but unsealed copies added to the docket yesterday reveal new information. This doesn’t mean that Meta denies using shadow libraries, its argument is that using such data to train its LLM models constitutes fair use under U.S. copyright law.

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TorrentFreak

MARCH 11, 2025

Meta admitted the use of these unofficial sources early on. At the same time, however, the company denied the copyright infringement allegations, noting that it would rely on a fair use defense, at least in part. CMI is information that is included in a copyrighted work, which among other things can identify the copyright owner.

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SpicyIP

AUGUST 25, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? In this post, I offer my independent analysis of the law in relation to comparative advertising and nominative fair use and apply it against the specific YouTube commercial mentioned above. student at Amity University (School of Law), Kolkata. Pragya Jain.

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Likelihood of Confusion

JUNE 19, 2022

Nominative fair — the “unauthorized” use of a trademark as a trademark specifically to invoke the trademark, as opposed to its “non-trademark” use to describe the alleged infringer’s goods or services.

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IP and Legal Filings

JANUARY 2, 2025

INTRODUCTION Social media networking sites have grown significantly in the last few years, enabling users to exchange information with just a single click. Copyright violations through internet use are governed by the Information Technology Act and Rule 2001. Super Cassettes Industries Ltd. Vs Myspace Inc & Anr. 1 (2022). [5]

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SpicyIP

MAY 2, 2022

You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? In response the Defendant claimed, “ fair use” and “ de minimis” use. The said defense is to ensure that media is able to inform the public of matters of current concern.

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JD Supra Law

JULY 13, 2022

In an opinion touching on Digital Millennium Copyright Act (DMCA) subpoenas, First Amendment concerns, and fair use, the Northern District of California said, in this one particular instance, no, granting Twitter’s motion to quash a subpoena seeking to reveal information behind an anonymous poster. (In 20-80214 (N.D.

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Kluwer Copyright Blog

APRIL 8, 2024

To put it more metaphorically, it is the legal green light for web crawlers nowadays to scour all corners of the internet, scraping information from websites and databases, indexing their content, and storing it for later retrieval, typically by search engines.

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IPilogue

NOVEMBER 11, 2021

This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very first international speaker from outside the United States. The Court of Appeal unanimously held that the scope and content of the fair dealing defence should include works of criticism.

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SpicyIP

OCTOBER 9, 2024

Internet Archive, our fellowship applicant Tanishka Goswami explains the implication of the decision on fair use. Image from here Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? Through this post, I shall: firstly , examine the Appellate Court’s “fair use” analysis w.r.t.

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IP and Legal Filings

FEBRUARY 17, 2022

As a result, as media evolves to emphasize consumer choice, increased emphasis is being paid to the “viewer” component and the rights that viewers or users may claim to modify copyrighted information. THE DOCTRINE OF FAIR USE. the effect of the use on the copyrighted work’s potential market for or value.

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Technology & Marketing Law Blog

JANUARY 18, 2025

Instead, XXL relied on a fair use defense, which works: Nature of use: “the video was the subject of the news story and because the article added new information and context about the contents of the video.” The court also rejects the fair use defense at the motion to dismiss stage.

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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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Plagiarism Today

FEBRUARY 21, 2022

1: Judge: Jehovah’s Witness Parodies Are Fair Use. The judge ultimately ruled that any use of Watch Tower material was a fair use and ordered the subpoena quashed. The files are part of the macOS operating system and store information and settings for the folder they are in. Watch Tower: So What?

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Plagiarism Today

AUGUST 10, 2022

Users simply upload their work to RighsClick with all the relevant information about them, including the title of the work, the date it was created, whether it is published or unpublished and who the author is. . The first step is the most straightforward.

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Plagiarism Today

DECEMBER 8, 2021

Fitzpatrick’s videos includes reviews of manga and anime offerings and often makes use of the source material but in a limited capacity. According to Fitzpatrick, he ensures that himself and those that work for him follow both YouTube’s fair use policy and the various countries that they operate in.

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SpicyIP

JANUARY 7, 2025

Image from here There is a certain hypocrisy in arguing that training models on the publics data is fair use but then seeking to prevent others from doing the same thing. Rather, it is being used to break the lyrics into small tokens to derive statistical weightage. For both good and not-so-good reasons. Meta , Mike Huckabee v.

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Plagiarism Today

DECEMBER 6, 2022

For new DMCA filers, this information could be a boon to help spot common pitfalls. In some 610 cases, Reddit declined to remove the work due to, what they claim, is fair use. Reasonable people can and do disagree about what is and is not fair use. In another 521, there was suspicion of fraud.

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SpicyIP

JANUARY 29, 2025

Is Training of GenAI Models Fair Use? We Might Know Soon The 3rd issue framed by the Court will deal with the question of fair use, wherein the question is whether using the plaintiff’s data or copyrighted content constitutes fair use under Section 52 of the Copyright Act.

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SpicyIP

APRIL 15, 2024

Discussing the implications of unauthorized use of materials for training Generative AI models, we are pleased to bring to you this guest post by Goutham Rajeev and Vedant Bharadwaj Singh. Training GenAI: Infringement or Fair Use? The authors are third year students at the Hidayatullah National Law University, Raipur.

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SpicyIP

MARCH 30, 2025

A language model merely compresses and cross-references linguistic information to identify predictable patterns and reduce redundancies by representing meaning probabilistically. 243) allowing identifying, extracting, and analysing information to improve the functioning of a computer program. However, Prof.

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TorrentFreak

APRIL 23, 2024

This information becomes more and more valuable as time passes by. 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 has plenty of other archive projects too.

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Technology & Marketing Law Blog

JANUARY 22, 2022

The court says the Dubtown video wasn’t copyright infringing because of fair use: Purpose/Character of Use. ” The videos were transformative, even if parts of precedent material were used verbatim. .” The precedent works were a mix of fact/information and creative expression, and they were unpublished.

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The IPKat

MARCH 4, 2025

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. Alessandro Cerri informed the Readers of events and opportunities.

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TorrentFreak

DECEMBER 3, 2022

Other, less common rejection reasons, include a lack of copyright infringement and fair use. To illustrate a fair use example, Reddit reports that a religious organization requested the removal of a video post that included part of a livestreamed worship service. Subreddit and Use Bans.

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Michael Geist

DECEMBER 3, 2024

Unlike the NY Times, which focused on both the inputs (the materials used to train ChatGPT) and the outputs (allegations ChatGPT occasionally provides copyright infringing results), the Canadian claim only target the inputs with no allegation that ChatGPT results are infringing. In fact, OpenAI says it does not by-pass paywalls.

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Copyright Lately

SEPTEMBER 29, 2024

In addition to copyright infringement, Atari brought claims for business disparagement, false information and advertising, unfair competition, and unjust enrichment. As a result, the court found that Atari had plausibly alleged that the copying exceeded the threshold of de minimis use and allowed the copyright claim to move forward.

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Copyright Lately

JUNE 2, 2022

In a 30-page order, the district court largely denies both parties’ motions for summary judgment, finding triable issues on substantial similarity and fair use. and High Voltage Tattoo) asked the court to determine that the use of Sedlik’s photo as a reference image qualified as a fair use of the copyrighted work.

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TorrentFreak

OCTOBER 1, 2023

.” And then there’s the increasing number of channels posting ‘copyright disclaimers’ citing Section 107 of the Copyright Act 1976, stating that since everything on the channel is ‘fair use’, channel owners are exempt and can never be sued. Created by Ethan and Hila Klein, the channel has over 2.93

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TorrentFreak

MARCH 21, 2023

Mass Copyright Infringement or Fair Use? Stressing that the library offers a vital service, Internet Archive’s defense centers on the legal concept of fair use. That would qualify as fair use, they argue, especially since there is no profit motive. As such, they want it permanently taken down.

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TorrentFreak

JANUARY 31, 2025

The problem, however, is that copyright holders never gave permission to use it. The lawsuits will ultimately determine whether the tech companies are liable for copyright infringement, linked to this and other unauthorized use, or whether ‘fair use’ is a valid defense.

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