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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TorrentFreak

AUGUST 20, 2022

But there’s a corporate side to the UFC that’s much less palatable and, in many cases, highlights the company’s absolute reliance on the exploitation of IP rights. Whether a fair use conversation actually took place is unclear, but the UFC says the strategy won’t work here.

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IPilogue

MAY 26, 2022

An artist who fails to acquire permission from the copyright owner can use the ‘fair use’ defence. Under section 107 , fair use allows persons to use parts of a copyright protected work without permission for limited purposes. The fair use defence is rarely used in music sampling cases.

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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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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 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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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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Copyright Alliance

MAY 23, 2023

Copyright Office, was one of five witnesses who testified before the House Judiciary Committee’s IP Subcommittee hearing, […] The post Former Copyright Office GC Warns Against Blanket Assertions That AI Ingestion of Copyrighted Works ‘Is Fair Use’ appeared first on Copyright Alliance.

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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 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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IP Law 360

OCTOBER 12, 2022

Supreme Court's own pop culture tastes, as the justices on Wednesday grappled with arguments on how the courts should decide when an artwork qualifies as fair use. A copyright battle over Andy Warhol's portraits of music icon Prince has revealed some of the U.S.

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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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SpicyIP

MAY 2, 2022

Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. 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.

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IP Law 360

MAY 12, 2022

A sketch comedy group on Thursday successfully convinced a New York federal judge that its play "Vape: The Musical" is a parody of the film version of the musical "Grease" and is therefore protected under copyright law's fair use doctrine.

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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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IP and Legal Filings

JANUARY 2, 2025

Even while the fair use doctrine can protect violators if they are using it for educational purposes, copyright problems with social media platforms in India are becoming worse every day. [Image Sources: Shutterstock] Because social media platforms are so user-friendly, they are now the new target of copyright violations.

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IP Law 360

AUGUST 24, 2022

The Ultimate Fighting Championship's new lawsuit over a documentary on mixed martial arts fighter Michael Bisping is the latest court case to grapple with the question of when filmmakers in the genre can incorporate copyrighted material in the name of fair use.

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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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IP Watchdog

OCTOBER 28, 2024

As artificial intelligence (AI) technology continues to evolve at an unprecedented pace, it brings with it numerous questions regarding the application of intellectual property (IP) laws.

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JD Supra Law

APRIL 23, 2025

What constitutes fair use? Artificial intelligence presents so many opportunities, but there are still so many questions in relation to copyright law. How much human input satisfies the human authorship requirement? Can federal or state legislation address the deepfake problem? And what makes adjusting to AI adoption so challenging?

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The IPKat

APRIL 19, 2025

The IPKat recently covered (see here ) the decision of the Delaware District Court (the Court) in Reuters v ROSS (Case 1:20-cv-00613, ECF 770), in which it held that a fair use defence was unsuccessful on a summary judgment motion for copyright infringement. However, pursuant to 28 U.S.C.

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IP Law 360

FEBRUARY 28, 2025

A Delaware federal court's recent decision in Thomson Reuters v.

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IP Law 360

DECEMBER 9, 2022

Supreme Court to take up his dispute with a copyright holder over a French court's €2 million infringement judgment regarding photos of artist Pablo Picasso's work, arguing that the Ninth Circuit parted ways with its sister circuits when it determined that his use of the photos didn't count as fair use.

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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.

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JD Supra Law

SEPTEMBER 19, 2024

By: Irwin IP LLP

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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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IP Law 360

MARCH 22, 2023

A Tenth Circuit panel had tough questions on Wednesday for Netflix over whether copyright law's fair use protections cover the streaming giant's hit show "Tiger King" and its use of YouTube video footage that showed the funeral of Travis Maldonado, the husband of the show's star, Joe Exotic.

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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. DNS resolvers provide a service to users that convert domain names (domainname.com) into an IP address that computers can use (123.456.789.123).

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JD Supra Law

AUGUST 19, 2022

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an intellectual property dispute between Netflix and two digital content creators who wrote a musical inspired by the hit Netflix series, Bridgerton. By: Weintraub Tobin

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SpicyIP

MARCH 29, 2025

Like previous years, we kept the topic selection open to participants asking them to choose any topic they wanted so long as it related to IP. It then explains why the existing fair use defense in the context of text and data mining is deeply problematic and should be replaced. Basheers scholarship.

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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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Olartemoure Blog

NOVEMBER 29, 2023

In the digital world, and working with visuals and sometimes with external brands, you navigate a potential minefield of IP risks. Secure Your Domain Name: Your domain may not have inherent IP rights, but the name can be trademarked for added protection. In the world of content creation, your originality is your superpower.

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SpicyIP

JUNE 19, 2022

The IP Reveries series is an experimental ‘fun’ series set in an imaginary classroom where we are using a dialogue format to raise questions and discussions around IP that traditionally don’t find a place to get voiced either due to long standing assumptions, or due to being seen as ‘too trivial’ to discuss in more formal settings.

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Technology & Marketing Law Blog

JANUARY 22, 2022

A “lapsed” Jehovah’s Witnesses member, using the alias “ Kevin McFree ,” posted YouTube videos using stop-animation of Lego figurines to criticize the Jehovah’s Witnesses. The court says the Dubtown video wasn’t copyright infringing because of fair use: Purpose/Character of Use.

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IP Law 360

MARCH 28, 2025

Anthropic on Thursday moved to toss a group of journalists and authors' proposed class action accusing the artificial intelligence startup of exploiting their copyrighted work to train its large language model, Claude, telling a California federal court that its use of their works was transformative and thus "quintessential fair use."

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