TorrentFreak

AUGUST 20, 2022

The bottom line is that without its intellectual property, the UFC wouldn’t even be called that anymore. That’s why a company who used UFC footage without a license has prompted a new big-money copyright lawsuit. If people want access to content, UFC will license it to them. But not Score G.

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Olartemoure Blog

APRIL 25, 2022

La entrada Infographic | Everything you need to know about fair use se publicó primero en OlarteMoure | Intellectual Property.

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JD Supra Law

APRIL 13, 2022

Hyperbolic descriptions of the supposed importance of cases dealing with intellectual property rights are as numerous as they are unfounded, but that is not true when it comes to The Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith, Case No. 21-869, in which the U.S. Supreme Court just granted certiorari.

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Kashishipr

MAY 25, 2021

Due to creative and original use of expressions, blogs are deemed to be counted as private property for which Intellectual Property Rights (IPRs) can be sought. Blogging and Fair Use. However, quoting facts word-to-word, paragraph after paragraph, won’t be construed as constituting fair use.

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JD Supra Law

AUGUST 9, 2022

In This Issue - Transformative Fair Use: Does Andy Warhol Qualify? Goldsmith, a case concerning whether Andy Warhol’s use of Lynn Goldsmith’s photograph of Prince (the musician) to create illustrations in his classic pop art style was fair use. By: Fenwick & West LLP

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IP Watchdog

DECEMBER 12, 2021

Court of Appeals for the Second Circuit holding that Andy Warhol’s Prince Series did not constitute fair use of Lynn Goldsmith’s photograph. The Second Circuit held in March that “the district court erred in its assessment and application of the fair-use factors and the works in question do not qualify as fair use.”

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IP Watchdog

NOVEMBER 17, 2021

“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. Naturally, the way courts analyze the “fair use” defense must adapt as technology advances and the way in which creative content is developed evolves.

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Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v. Netflix , Inc. ).

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IP Watchdog

OCTOBER 12, 2022

Lynn Goldsmith, a case asking the nation’s highest court to determine whether Warhol’s unlicensed use of Goldsmith’s photographs of pop superstar Prince was a fair use of that copyright-protected photo.

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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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Plagiarism Today

AUGUST 16, 2022

However, the European Union Intellectual Property Office has already rejected Piaggio’s challenge of the design and now that decision has been upheld by the Board of Appeal in the organization. The estate, however, has argued that Warhol’s creations were a fair use.

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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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IPilogue

OCTOBER 28, 2021

Nonetheless, the Canadian Intellectual Property Office notes that those in the jewellery industry may be granted industrial design registrations, offering a different kind of intellectual property protection. In a way, purely ornamental jewellery may be analogous to works of art. This is contrary to the U.S.

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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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Kashishipr

OCTOBER 27, 2021

Intellectual Property Protection over an API. However, even an author’s original work may be caught up by the fair use doctrine when utilized by some other person without prior authorization. It was regarded as being fair and permissible by the court of law. An example of this is the Sega v.

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IPilogue

NOVEMBER 11, 2021

Emily Xiang is an IPilogue Writer, the President of the Intellectual Property Society of Osgoode (IPSO), and a 2L JD Candidate at Osgoode Hall Law School. . And, while one is at it, why not for all intellectual property laws?”. [1] Photo by Prof. Pina D’Agostino. Brace Memorial Lecture.

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Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 7, 2022

Managing Intellectual Property ?( MIP , the “Rising Stars” award recognizes some of the best up-and-coming intellectual property practitioners in private practice who have contributed to the success of their firms and clients. . MIP ) magazine recently recognized Fish & Richardson Associate? Vivian Cheng ?as

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IP Watchdog

MARCH 28, 2022

Court of Appeals for the Second Circuit holding that Andy Warhol’s Prince Series did not constitute fair use of Lynn Goldsmith’s photograph. Goldsmith, Lynn, et. a case that asks the High Court to review a decision of the U.S.

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IP Law 360

JANUARY 27, 2022

Supreme Court Justice Stephen Breyer's approach to intellectual property law was consistently skeptical, expressing concern that patents and copyrights can limit access to information in decisions that took a broad view of fair use and fueled patent eligibility challenges. Departing U.S.

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Indiana Intellectual Property Law

JUNE 1, 2023

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use. Continue reading

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The IP Law Blog

JULY 9, 2021

They provide a recap of last week’s episode , which covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use.

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JD Supra Law

APRIL 21, 2022

Non-Fungible Trademark Infringement or Nominative Fair Use Token? has filed a federal complaint against StockX, LLC, an online resale marketplace, in the Southern District of New York, alleging that StockX is minting and selling non-fungible tokens (“NFTs”) that infringe Nike’s intellectual property.

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The IP Law Blog

MAY 25, 2023

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. She emphasized that both uses were commercial in nature, making them substantially similar in purpose. In a closely watched copyright case, the U.S.

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Biswajit Sarkar Copyright Blog

FEBRUARY 5, 2025

These AI tools are trained on vast datasets of existing music, raising concerns among record labels about unauthorized use of copyrighted material. Major record companies, including Universal Music Group, Sony Music, and Warner Music, have taken legal steps to protect their intellectual property. Is AI training fair use?

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SpicyIP

NOVEMBER 17, 2023

We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. About Intellectual Property Rights Intellectual properties are the manifestation of digital revolution that fuels 21st century technologically-driven economies.

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43(B)log

AUGUST 16, 2021

The parties strongly disagree about this issue and PTRA sought declaratory judgment concerning the parties’ rights with respect to the Rose Bowl Game and its related intellectual property. Pasadena said this was (1) nominative fair use and (2) an expressive work protected by the First Amendment.

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The IPKat

FEBRUARY 26, 2023

The Faculty of Law at the University of Geneva recently hosted (on February 7, 2023) an international conference on the topic “ Intellectual Property & Sustainability ”. She then moved on to considering the issues arising from “upcycling” and fair use.

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IP Law 360

OCTOBER 20, 2022

Apple will argue next week at the Eleventh Circuit that a judge wrongly held that a startup's "virtual" version of Apple's iPhone to detect bugs is covered by copyright law's fair use doctrine, a fight that digital rights groups are closely watching.

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IP and Legal Filings

FEBRUARY 17, 2022

Consumers are invited to use and transmit “bites” of copyrighted content via social networking sites, mobile television via cell phones and other handheld devices, online mobile game units with WiFi and other interactive capability, interactive television, and a variety of other interactive technologies. THE DOCTRINE OF FAIR USE.

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IPilogue

OCTOBER 12, 2022

Barlow and Bear may use the “fan fiction” defence to claim their work is not an infringement based on fair use by proving the elements of fair use: the art is transformative and adds new meaning to the original show. Additionally, fan fiction must be non-commercial and cannot result in profits for the creator.

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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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IP Law 360

FEBRUARY 13, 2025

A Delaware federal court's rejection of a company's fair use defense for using copyrighted material to train an artificial intelligence program is a key moment in the clash between copyright law and AI development, as both intellectual property owners and tech companies seek favorable judicial guidance.

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JD Supra Law

JANUARY 18, 2024

As 2023 came to an end, it offered a prime opportunity to examine significant legal developments in intellectual property case law and implications for the real estate industry in the year to come. By: ArentFox Schiff

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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

AUGUST 17, 2021

Court of Appeals for the Eighth Circuit yesterday reversed a Missouri district court’s grant of summary judgment for a group of real estate companies relating to copyright infringement claims brought by an architect over floorplans.

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IIPRD

MARCH 23, 2022

Other forms of Intellectual Property. If in case the work of the creator is used for “fair use”, the creator cannot seek remedy. Fair use means work that is used for private or personal use, including review, research, bona fide teaching, and reporting of current events.

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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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