JD Supra Law

FEBRUARY 28, 2024

Independent Journal Review, the U.S. Court of Appeals for the Fourth Circuit issued a copyright fair use decision in a photograph infringement case that is noteworthy for a number of reasons. Those who plan to use photos based on a fair use defense should take heed of this decision. By: Venable LLP

Fair Use 68

Fair Use Journalism Copyright 68

JD Supra Law

FEBRUARY 16, 2024

The US Court of Appeals for the Fourth Circuit concluded that the copyright on a photograph of an entertainment icon was the subject of a valid copyright registration and that use of the photograph in an article missing the author’s required attribution language was not otherwise “fair use.” 21-2021 (4th Cir.

Fair Use 59

Fair Use Journalism Registration Copyright 59

Technology & Marketing Law Blog

FEBRUARY 24, 2022

[I published this post initially on the Association of Research Libraries blog in celebration of Fair Use Week 2022. Bloggers play an increasingly important role in the research ecosystem, especially as investigative journalism has declined. Fair use is supposed to protect research bloggers in these circumstances.

Fair Use 59

Fair Use Publishing Copyright Infringement Journalism 59

IP Watchdog

FEBRUARY 8, 2024

Independent Journal Review reversing a ruling that an online reproduction of a photograph of singer-songwriter Ted Nugent constituted fair use. On February 6, the U.S. Court of Appeals for the Fourth Circuit issued an opinion in Philpot v.

Fair Use 105

Fair Use Journalism Registration Copyright 105

TorrentFreak

FEBRUARY 27, 2024

.” ‘Hired Guns Don’t Stop Evolving Technology’ The OpenAI defendants continue their motion to dismiss by noting that AI is yet another technical evolution that will change the world, including journalism. However, OpenAI notes that the suggestion that its activities threaten journalism is overblown, or even fiction.

Fair Use 138

Fair Use Journalism Reporting Technology 138

IP Law 360

FEBRUARY 6, 2024

A news website's publication of a Ted Nugent photograph that went with an article titled "15 Signs Your Daddy Was a Conservative" was not fair use, the Fourth Circuit concluded in a published opinion Tuesday, saying the Independent Journal Review did not add new meaning to the image.

Fair Use 52

Fair Use Journalism Publishing 52

The IP Law Blog

JULY 22, 2021

This would include a belief that the display or performance of the copyrighted material in the video was covered under fair use. So would the inclusion of the Taylor Swift or Sublime song recorded in the police/civilian interaction videos mentioned above constitute fair use?

Music 104

Music Fair Use Copyright Reporting 104

Chicago-Kent Intellectual Property Journal Blog

MAY 12, 2023

copyright law, … The post Compliance and Alignment: Ensuring Generative AI Stays Within the Bounds of Fair Use appeared first on Chicago-Kent | Journal of Intellectual Property.

Fair Use 52

Fair Use Journalism Intellectual Property Copyright Law 52

Velocity of Content

MAY 24, 2023

If the content in the presentation was previously published in a journal or other third-party publication, it may well require permissions for reuse, even if it is the result of your own or your client’s research. Keep in mind that all copyright rights in the content are often transferred to the publishing journal.

Copyright 98

Copyright Fair Use Journalism Publishing 98

Technology & Marketing Law Blog

NOVEMBER 16, 2024

The defendant published a bio on Sewell and included one of McDermott’s photos–apparently sourced from an unrelated Instagram account (possibly another infringer, or perhaps that account has a fair use defense?). In 16 months, the bio generated less than 100 views.

Copyright 102

Copyright Settlement Licensing Litigation 102

IP and Legal Filings

MARCH 5, 2025

Tackling Deep Fakes: Fair Use or Infringement of Personality Rights (Mondaq, 7 November 2023) <[link] accessed 17 January 2025. 13] ‘Tackling Deep Fakes: Fair Use or Infringement of Personality Rights’ (Mondaq, 7 November 2023)[link] 17 January 2025. [14] 10] Ibid. [11] 11] Ibid. [12] 15] Ibid. [16]

Personality Rights 84

Personality Rights Privacy Journalism Copyright 84

Velocity of Content

JANUARY 7, 2025

The full article can be read in the Journal of the Copyright Society. The fair use debate in the United States is likely to continue for several years until one or more Supreme Court opinions shed additional light on the issue. Nevertheless, some uses of LLMs and their training may be found to be fair use.

Copyright 52

Copyright Licensing Fair Use Journalism 52

SpicyIP

MARCH 30, 2025

In an article published way back in 2019 in the Journal of the Copyright Society, Prof. Matthew Sag, while giving the examples of non-expressive use, cited using software to identify patterns of speech, relationships, or frequency of particular words as possible instances of non-expressive use (pp.301 301 & 302).

Copyright 59

Copyright Fair Use Copyright Infringement Copying 59

Chicago-Kent Intellectual Property Journal Blog

NOVEMBER 4, 2021

1] The fair use defense in copyright law is very flexible … The post Two Kinds of Fair Use: The Unintended Effect of Google v. Oracle appeared first on Chicago-Kent | Journal of Intellectual Property.

Fair Use 40

Fair Use Journalism Intellectual Property Copyright Law 40

SpicyIP

JANUARY 31, 2025

The Centre for Intellectual Property Research and Advocacy [CIPRA] of Symbiosis Law School, Hyderabad is organizing its first blog writing competition in collaboration with us on the theme of Literature, Journalism and IP. Analysing the impact of Indian copyright law on fair use in academic and critical writing.

Blogging 59

Blogging Intellectual Property Journalism Social Media 59

TorrentFreak

JUNE 30, 2023

AI, Piracy and Copyright There is no direct evidence that OpenAI used pirate sites to train ChatGPT. That said, it is no secret that some AI projects have trained on pirated material in the past, as an excellent summary from Search Engine Journal highlights. Some experts believe that this type of AI training can be considered fair use.

Copyright Infringement 145

Copyright Infringement Fair Use Copyright Journalism 145

Patently-O

JANUARY 4, 2024

I believe that Winston & Strawn will eventually prevail based upon a fair use defense, but it is still an embarrassing situation for the firm and attorneys involved. The court ruled in favor of the defendants, holding that their use of the briefs constituted “fair use” under the Section 107 of the Copyright Act.

Plagiarism 124

Plagiarism Fair Use Copying Copyright Infringement 124

IP Law 360

AUGUST 24, 2022

s copyright infringement suit accusing him of unlawfully copying and distributing thousands of news articles from The Wall Street Journal, arguing that his actions are protected under fair use. A prominent investment manager has asked a Texas federal judge to dismiss Dow Jones & Co.'s

Fair Use 75

Fair Use Journalism Copyright Infringement Copying 75

SpicyIP

OCTOBER 9, 2024

Discussing the decision of the US Court of Appeals for the Second Circuit in Hachette Book Group v. Internet Archive, our fellowship applicant Tanishka Goswami explains the implication of the decision on fair use. Through this post, I shall: firstly , examine the Appellate Court’s “fair use” analysis w.r.t.

Copyright Law 105

Copyright Law Copyright Fair Use Law 105

Plagiarism Today

APRIL 3, 2025

A judge has awarded a photographer summary judgment in a case against the City of Chicago. It could be a major win for artists everywhere. The post Photojournalist Wins Lawsuit Against the City of Chicago appeared first on Plagiarism Today.

Plagiarism 297

Plagiarism Fair Use Journalism Art 297

Copyright Lately

AUGUST 22, 2021

The complaint raised concerns that Dolezal was using copyright law to purge the historical record of her controversial past, while seeking substantial monetary damages in the process. The defendant, CBS Interactive, had a solid fair use defense, but never needed to assert it.

Copyright 93

Copyright Fair Use Designs Design 93

Velocity of Content

DECEMBER 19, 2024

Just three short years ago, copyright litigation discussions centered around whether it is fair use to copy declaring code or make unlicensed use of Lynn Goldsmiths photographs of Prince. How AI technologies intersect with copyright was but a twinkle in most judicial systems eyes.

Litigation 52

Litigation Copyright Copyright Infringement Fair Use 52

TorrentFreak

MAY 1, 2024

“Defendants are taking the Publishers’ work with impunity and are using the Publishers’ journalism to create GenAI products that undermine the Publishers’ core businesses by retransmitting ‘their content’—in some cases verbatim from the Publishers’ paywalled websites—to their readers.”

Copyright Infringement 127

Copyright Infringement Copyright Publishing Copying 127

TorrentFreak

MAY 1, 2024

“Defendants are taking the Publishers’ work with impunity and are using the Publishers’ journalism to create GenAI products that undermine the Publishers’ core businesses by retransmitting ‘their content’—in some cases verbatim from the Publishers’ paywalled websites—to their readers.”

Copyright Infringement 126

Copyright Infringement Copyright Publishing Copying 126

Velocity of Content

JANUARY 31, 2023

I don’t find this argument convincing given the ability today to license many content types at scale for TDM, including images, music and yes, journal articles (See “Full disclosure” above), but it is an argument often offered by infringers. This practice creates a single point of contact for uses that may not fit within the CC lines.

Licensing 98

Licensing Fair Use Journalism Publishing 98

IPilogue

DECEMBER 7, 2021

If transformative, Larson’s appropriation may amount to nothing more than , which is not in itself actionable; if derivative, Larson’s actions may constitute copyright infringement unless she can successfully argue fair use.

Copyright Infringement 111

Copyright Infringement Art Copyright Cease and Desist 111

Dear Rich IP Blog

SEPTEMBER 17, 2024

Is it still considered copyright infringement to use them? How do you tell if materials are public domain or fit under fair use? Attribution is a thoughtful gesture, but providing the authors name or source will not excuse someone from a charge of infringement (or qualify the use as a fair use).

Public Domain 52

Public Domain Fair Use Copying Copyright Notice 52

Kluwer Copyright Blog

SEPTEMBER 11, 2023

Fair use in US ( Google Books but reuse pattern different here. Fair dealing c. 2022) ‘ Secrecy by Default: How Regional Trade Agreements Reshape Protection of Source Code’ , Journal of International Economic Law , 25(1), pp. Its main purpose is to help structure the discussion. Copyright 1. and Mazur, J.

IP 124

IP Derivative Work Intellectual Property Art 124

IP and Legal Filings

FEBRUARY 15, 2023

However, it is not so and such use will be unauthorized unless and until the permission of the owner has been taken, or he has been referenced or if the information has been made available by the government. 2019 SCC Online Del 8002 Disney Enterprise inc. Kim cartoon and Ors.,

Copyright Law 98

Copyright Law Copyright Law Social Media 98

Copyright Lately

SEPTEMBER 8, 2024

Internet Archive (read the opinion here) , the court dealt a decisive blow to the Internet Archive, ruling that its practice of scanning and lending digital copies of books doesn’t qualify as fair use under the Copyright Act. On September 4, the Second Circuit affirmed. I downloaded this classic from IA’s Open Library.

Publishing 97

Publishing Copying Fair Use Licensing 97

SpicyIP

FEBRUARY 3, 2025

Is training of GenAI models fair use? Read Bharathwaj Ramakrishnans first part of his two part post where he analyses the issues framed by the Delhi HC in ANI vs OpenAI. Taking Stock of ANI vs OpenAI Copyright Litigation- Part II How exactly does a LLM learn from training data?

Copyright 95

Copyright Litigation Trademark Copyright Infringement 95

Patently-O

AUGUST 31, 2021

Although the Supreme Court eventually sided with Google on fair use grounds, it did not disturb the Federal Circuit’s copyrightability decision that strongly supported copyright protection even for functional software. Law Journal Reading List from the Briefs: Paul Goldstein, Infringement of Copyright in Computer Programs , 47 U.

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

LexBlog IP

JULY 22, 2021

This would include a belief that the display or performance of the copyrighted material in the video was covered under fair use. So would the inclusion of the Taylor Swift or Sublime song recorded in the police/civilian interaction videos mentioned above constitute fair use?

Music 52

Music Fair Use Copyright Reporting 52

SpicyIP

JULY 11, 2021

He evaluates the various applicable laws to argue that a thesis is a ‘public document’, the right to access which is available to the public as a matter of public interest, as well as through fair use under Section 52 of Copyright Act and also the RTI Act. Other Posts. For further details, please see the announcement.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

Intepat

JANUARY 8, 2024

Allegations and Claims by The New York Times The New York Times claims that these companies are trying to take undue advantage of the hard work and money put into creating such a high and superior quality of journalism. The New York Times is claiming damages and an order to stop OpenAI and Microsoft from using any of its articles.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

Velocity of Content

OCTOBER 9, 2023

From Large Language Models (LLMs) to other research-based applications, AI technologies rely on millions of books, scholarly journals, and other curated publications. Responsibly using these works is a foundational part of the discussion. The post CCC Town Hall Preview With Bruce Rich appeared first on Copyright Clearance Center.

Licensing 52

Licensing Fair Use Journalism Copyright Law 52

Technology & Marketing Law Blog

AUGUST 29, 2022

The Constitutionality of Mandating Editorial Transparency , 73 Hastings Law Journal 1203 (2022). How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Regulation of Housing Advertising (2022 Edition). 2022 Edition of Internet Law: Cases and Materials. Blog Posts.

Editing 98

Editing Social Media Blogging Advertising 98