IIPRD
JANUARY 22, 2025
One such legal issues is what is referred to as “fair use,” which becomes particularly problematic in the context of the copyright law. Thus, fundamental questions arise, such as whether such copying amounts to infringement under copyright law or whether it falls under the purview of fair use.
Intellectual Property Law Blog
APRIL 12, 2023
Scanning books to create a searchable database of books constitutes fair use. Will scanning images (or other copyright-protected content) to create a generative AI model for use in creating images be deemed fair use? Scanning books to create eBooks does not. In Authors Guild v. Google, Inc., (the Google, Inc., (the
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SpicyIP
MARCH 29, 2025
We are very happy to announce the results of the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law! It then explains why the existing fair use defense in the context of text and data mining is deeply problematic and should be replaced. Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009.
Kashishipr
OCTOBER 27, 2021
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. The author needs to prove that the work is an original work of authorship fixed in a tangible medium.
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.
Kluwer Copyright Blog
MAY 9, 2022
Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message. have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement.
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. And, while one is at it, why not for all intellectual property laws?”. [1]
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