Intepat

JANUARY 10, 2025

The high costs of copyrighted academic journals, textbooks, and other resourceslargely produced in the Global Northcreate a glaring divide in global knowledge equity. While it allows for exceptions and limitations, such as fair use and compulsory licensing, developing nations often face intense pressure to adopt stricter enforcement measures.

Copyright Law 52

Copyright Law Copyright Law Intellectual Property 52

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

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 104

Copyright Law Copyright Fair Use Law 104

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 100

Publishing Copying Fair Use Licensing 100

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

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. First, he takes photos of recognizable musicians.

Copyright 94

Copyright Fair Use Designs Design 94

Velocity of Content

AUGUST 10, 2022

On the other hand, it clearly distinguishes those with an economic copyright interest from those without one while setting forth two clear paths for reuse: licensing for the former, copyright exception for the latter. The options ranged from no change to UK law, to improving the licensing environment, to offering new copyright exceptions.

Law 116

Law Licensing Publishing Intellectual Property 116

Velocity of Content

JANUARY 15, 2025

When using copyrighted materials, a common misconception persists that internal use within an organization does not require licensing. The truth is that copyright law applies to both internal and external uses. a journal article or book) but also the individual components, including figures, charts, tables, and images.

Licensing 52

Licensing Copyright Copyright Law Copying 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. Click below to listen to the latest episode of the Velocity of Content podcast.

Licensing 52

Licensing Fair Use Journalism Copyright Law 52

Velocity of Content

DECEMBER 4, 2024

The full article can be read in the Journal of the Copyright Society. In addition to copyright liability for using copyrighted works as inputs without permission, there is a lot of discussion about how to treat outputs—those things generated by the AI systems built on training involving copyrighted works. Copyright Soc’y U.S.A.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

SpicyIP

FEBRUARY 17, 2023

For articles published open access, the authors license exclusive rights in their article to Elsevier where a CC BY-NC-ND end user license is selected, and license non-exclusive rights where a CC BY end user license is selected. For instance, the Plaintiff No.1’s

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

Copyright Lately

MAY 1, 2023

Companies have to obtain permission and execute a license to use copyrighted content for AI training or other purposes, and we’re committed to maintaining these legal principles.” By the way, I purposely used the names of individuals in my example to make a point.

Music 93

Music Copyright Copying Copyright Law 93

IP and Legal Filings

JANUARY 22, 2024

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. Digital Rights Management & Fair Use If everything is so well designed, then where is the issue?

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

IIPRD

JUNE 9, 2024

The Judicial POV There have been various representative cases that are widely known for utilizing third-party content about copyright without genuine permission or license. That may include decentralized content creation platforms, IP registries on a blockchain, and smart contract licensing systems.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Designs 59

Technology & Marketing Law Blog

AUGUST 1, 2023

On the other hand, professional photographers have to make a living by licensing their photos to publishers (and other intermediaries) who are willing to pay them to reproduce and display those photos. The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use.

Blogging 98

Blogging Copying Social Media Copyright 98

Velocity of Content

FEBRUARY 7, 2024

As research organizations are typically publishers’ customers or using content available under open access licenses, STM publishers were generally supportive of this exception. Relying on the absence of rights reservation language is risky, unless the AI developer is absolutely certain that it is using an official version.

Editing 59

Editing All Rights Reserved Publishing Copyright 59

IIPRD

APRIL 8, 2024

And then further questions like if given protection under IPR, will that be fair to the initial creators, whose works were used without consent or licensing to create these so-called novel art pieces? Viyona Mohan, Legal Issues Concerning Artificial Intelligence, Student’s Journal of Education and Development, Issue 07.

Art 52

Art Artwork Intellectual Property Copyright Law 52

Technology & Marketing Law Blog

AUGUST 31, 2021

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. These three cases address fair use in this context. McGucken moved for summary judgment on the fair use defense. The second factor weighs slightly against fair use.

Fair Use 143

Fair Use Journalism Licensing Marketing 143

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

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. Wouldn’t It Be Great if Internet Services Had To License Technologies Selected by Hollywood? Blog Posts. Attorney General.

Editing 98

Editing Social Media Blogging Advertising 98

43(B)log

JUNE 30, 2023

Netflix isn’t covered by the DSA at all—licensed content provided by the producer. And requiring licensing from YT providers, including individual users, blurs this further. YT agreed not to consider fair use in content takedowns from a major movie studio—a concession that affected other users.

Law 40

Law Licensing Reporting Litigation 40

Kluwer Copyright Blog

MARCH 6, 2023

These examples help illustrate the broad public benefits that can accrue from harmonizing copyright exceptions for research uses in the digital environment. Speeding literature review One of the most common uses of TDM is to help scholars find, read, and analyze information in academic journals and other sources. 3d 87 (2d Cir.

Copyright 126

Copyright Social Media Publishing Licensing 126

Traverse Legal Blog

APRIL 11, 2025

Ross Intelligence rejected a fair use defense in an AI training context. While these court cases will no doubt go on for years, the implications for companies using AI tools, companies building AI tools, and everyone in between are at risk right now. Effect on the market Does the use harm the market for the original?

Fair Use 52

Fair Use Copyright Licensing Copyright Infringement 52

Velocity of Content

JANUARY 13, 2025

Content owners are now taking various steps to prevent/object to those activities in the absence of a license. What has changed is that creators are now directly expressing the need for consent prior to use. Does restrictive language mean materials can never be used in AI applications? Smaller AI firms do enter into licenses.

Licensing 52

Licensing Publishing Copying Journalism 52

Kluwer Copyright Blog

JANUARY 21, 2025

Is Generative AI Fair Use of Copyright Works? order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? OpenAI by Mira T.

Blogging 52

Blogging Copyright Copyright Infringement Copyright Law 52

LexBlog IP

APRIL 20, 2022

As described here in a previous post: The United States Court of Appeals for the Second Circuit rejected an artistic intent or purpose test for fair use on March 26, 2021, in The Andy Warhol Foundation v. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. at 7-9) were transformative.,”

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52

Technology & Marketing Law Blog

JANUARY 24, 2023

JCPA (Journalism Competition and Preservation Act). This cross-partisan deal caused her to lose the Democrats’ votes because everyone was wondering why she was so keen to advance #MAGA censorship of the Internet. 18, 2022 NetChoice LLC v.

Law 122

Law Social Media Government Privacy 122

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment?

Copyright 131

Copyright Blogging Publishing Fair Use 131