IP and Legal Filings

MARCH 5, 2025

2] They contended that the defendants are perpetuating gross misinformation by running fraudulent medicinal drug advertisement campaigns through wrongful use of Artificial Intelligence and are creating deepfakes by distorting images, voice, and other personality traits of Rajat Sharma, also infringing upon the registered trademarks of his company.

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

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 94

Copyright Fair Use Design Designs 94

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

Velocity of Content

JANUARY 31, 2023

An analogous situation involving open software licenses (GNU and the like) is now being litigated. 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.

Licensing 98

Licensing Fair Use Journalism Publishing 98

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

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. Gellis [a standard post, but it has generated extra interest because the two litigants are locked in a noisy death grip).

Editing 98

Editing Social Media Blogging Advertising 98

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.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

SpicyIP

FEBRUARY 17, 2023

It is interesting to note the possible shape that the litigation would have taken if the defendants had disputed the ownership of copyright by the plaintiffs from the time of initiation of the suit. Therefore, the court dismissed the application by the defendant. A hypothetical : What if ownership had been disputed earlier on?

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

IP and Legal Filings

JANUARY 13, 2023

There are several possible reasons why a de minimis litigation is still pursued. De minimis in copyright can be used for different reasons such as for fair use analysis, substantial similarity analysis [7] , among its other such uses. JOURNAL PUBLICATIONS. Viacom 18 Motion Picture & Ors [6].,

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

Technology & Marketing Law Blog

AUGUST 1, 2023

The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use. ” In practice, the CJPA would impose payment obligations on some embedders for some works, even though this case would hold that those uses are not infringing. 3d at 1160.

Blogging 98

Blogging Copying Social Media Copyright 98

43(B)log

JUNE 30, 2023

Answer: may need to be litigated. YT agreed not to consider fair use in content takedowns from a major movie studio—a concession that affected other users. Journalism that tells people only what they want to hear is a known risk; so are there uses of data which you must not make? They don’t have to honor flags.

Law 40

Law Licensing Reporting Litigation 40

Velocity of Content

JANUARY 13, 2025

What has changed is that creators are now directly expressing the need for consent prior to use. Data or, as we like to call it, books, journals, songs, and other creations of human ingenuity, creativity, and culture is continuously being created. Does restrictive language mean materials can never be used in AI applications?

Licensing 52

Licensing Publishing Copying Journalism 52

LexBlog IP

APRIL 20, 2022

See Business Standard article entitled Spring cleaning in the Supreme Court: The new Chief Justice swats frivolous litigation but more measures are needed. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. So, with that background, let’s turn to our own cleaning. ’ (Op.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. 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? 2d at 206.

Copyright 131

Copyright Blogging Publishing Fair Use 131

Technology & Marketing Law Blog

JANUARY 24, 2023

And if Musk ever flips any of Twitter’s long-standing legal or policy positions in litigation or lobbying, he could truly melt down the industry. JCPA (Journalism Competition and Preservation Act). Basically, Musk’s mistakes pour gasoline on the regulatory fires for everyone. Still, the news was bad for hiQ.

Law 122

Law Social Media Government Privacy 122