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] Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use.

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Intepat

DECEMBER 18, 2024

Yet, the rapid rise of podcasting has left many creators overlooking critical legal considerations specific copyright licensing. Without proper licensing, podcasters risk legal disputes that could undermine their creative efforts. The licensee can use the work only within the scope specified in the agreement.

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Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v. Netflix , Inc. ).

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TorrentFreak

NOVEMBER 16, 2021

The company demanded damages under copyright law claiming that the team “willfully and maliciously” copied, adapted and distributed its source code and other content without permission. Affirmative Defense – Fair Use. The doctrine of fair use bars the relief sought by Plaintiff,” the response adds.

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Traverse Legal Blog

NOVEMBER 25, 2024

2024 Update) Accidental copyright infringement occurs when someone unknowingly violates copyright law. This can happen due to: Lack of Understanding: Not fully comprehending copyright laws and regulations. Misinterpreting Licenses: Incorrectly assuming permission to use copyrighted material.

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Patently-O

APRIL 3, 2022

Apparently Vanity Fair commissioned Warhol to make an illustration for its 1984 article on Prince. As part of that process, VF obtained a license from Goldsmith, but only for the limited use “as an artist’s reference in connection with an article to be published in Vanity Fair Magazine.” 17 U.S.C. §

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Plagiarism Today

AUGUST 17, 2022

Copyright Office Argues Warhol’s Use of Prince Photo Was Not ‘Fair Use’. First off today, Jaron Schneider at PetaPixel reports that the United States Copyright Office has weighed in on the Andy Warhol case, telling the Supreme Court that they feel Warhol’s paintings were not a fair use of Lynn Goldsmith’s photos.

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Dear Rich IP Blog

JANUARY 9, 2023

May I use it? Is it public domain or fair use? It's also possible that the police department has created its own policy and granted blanket permission for informational purposes, or that licensing only requires attribution. BTW, photos by federal law enforcement are public domain. Public domain? What to do?

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Technology & Marketing Law Blog

JANUARY 18, 2025

With respect to the Jordan video, I assume the video was infringing when uploaded to Twitter, which is why a license argument wouldn’t work. Those licenses were explicitly and unambiguously laid out in YouTube’s Terms of Service, and the sublicense clearly extends to embedding the video.

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Plagiarism Today

MAY 31, 2022

2: Amendment Passes to Grant Teachers Fair Use of Copyrighted Work Remotely. Next up today, Focus Taiwan reports that the Taiwan legislature has passed a new copyright law that would grant educators a fair use protection when using copyright-protected works via online classes.

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Kluwer Copyright Blog

JUNE 5, 2023

Supreme Court agreed to review the Second Circuit’s ruling that Andy Warhol’s series of colorful prints and drawings of Prince were not transformative fair uses of Lynn Goldsmith’s photograph (for a previous comment on this case, see here ). Hence, the Foundation’s use was non-transformative. Acuff-Rose Music, Inc.

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SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression?

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Copyright Lately

AUGUST 14, 2023

Fischer denied both parties’ motions for summary judgment, finding triable issues of substantial similarity and fair use. Interestingly, both sides are claiming that Warhol entitles them to victory as a matter of law. While the court didn’t mention the yet-to-be-argued Warhol v.

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Technology & Marketing Law Blog

MARCH 3, 2022

The school moved to dismiss on fair use grounds, and the district court granted the motion and awarded attorneys’ fees to the school. (I Bell appealed to the Fifth Circuit, which easily affirms the fair use dismissal and attorneys’ fees. Nature of the Use. ” Bell sued anyways. Nature of the Work.

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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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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.

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Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. Philpot claims his standard photo licensing fee is $3,500, but reuses of the photo from Wikipedia Commons didn’t require any payment (just attribution). ” Market Effect.

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Plagiarism Today

OCTOBER 4, 2022

Implied License – Second, Take-Two could have argued that, by placing the tattoo on Randy Orton, that Alexander granted an implied license for it to be used as part of his image, including on TV, film and video games. In short, the jury only weighed in on the fair use question, which they found the use to not be fair.

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LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] It found that all four fair use factors weighed against fair use. [12] Originals” [7] : The Works at Issue.

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Plagiarism Today

JULY 27, 2021

The reason is that the track has faced not one, but two separate allegations of plagiarism, with many fans and critics alike wondering if the band may have run afoul of copyright law. However, this turned out to be more of a licensing than a traditional plagiarism issue. Relevant YouTube Videos. BTS: Butter. Towering Catastrophe.

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Plagiarism Today

FEBRUARY 8, 2022

1: Pandora Sued By Major Comedians Over Licensing Fees For Writing Jokes. According to the comics, the issue is intentional and points to Security and Exchange Commission filings by the company that cautioned it may lose access to comedy material due to a lack of license. Have any suggestions for the 3 Count?

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Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

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Intepat

NOVEMBER 19, 2024

In today’s world, copyright laws are essential for protecting creative works like books. For business owners, publishers, and sellers, understanding copyright can prevent legal issues and ensure fair use of content. Copyright grants the author or creator exclusive rights to use, distribute, and sell their work.

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Plagiarism Today

OCTOBER 13, 2022

In 1984, Lynn licensed one of her photographs of the musician Prince to be converted into a painting by Warhol for Vanity Fair magazine. However, after Prince died in 2016, it was revealed that Warhol actually made an additional 14 prints using the photograph. Lynn sued allegiging that those prints were a copyright infringement.

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Plagiarism Today

MAY 19, 2022

2: Delhi HC Seeks Expert Help on Whether Event Firms Need License to Play Music at Weddings. Next up today, The Wire reports that the Delhi High Court is seeking an outside expert to assist in determining whether event firms in the country should be required to obtain a license to play music at weddings and other gatherings.

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JD Supra Law

MAY 23, 2023

On May 18, the Supreme Court addressed the issue of “fair use” in copyright law, specifically in relation to the petitioner Andy Warhol Foundation’s (AWF) commercial licensing of a Warhol print entitled “Orange Prince” based on respondent Lynn Goldsmith’s photograph of the artist Prince Rogers Nelson, better known simply as “Prince.”.

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Plagiarism Today

AUGUST 2, 2021

District Court Judge Jed Rakoff has issued a controversial ruling denying the “server test” of copyright law and ruling that embedding images can be an infringement of copyright law. The judge also ruled against Sinclair on the issue of fair use, saying that it was too early in the case to rule on that issue.

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Kluwer Copyright Blog

APRIL 8, 2024

In an ever more fragmented digital landscape, this provision has become a key instrument of self-regulation, playing a crucial role in the allocation of rights and obligations around the licensing of copyrighted works as training data (see here ). Scarcely a day goes by without news of exciting breakthroughs in the world of AI.

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Technology & Marketing Law Blog

NOVEMBER 16, 2024

McDermott kept the copyright to those photo and granted NY Post a license. The article included multiple photos of Sewell, including the photo in question , and the Post apparently liked the image so much that they used a portion of the photo as the background for the newspaper cover that day (see screenshot at right).

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Biswajit Sarkar Copyright Blog

FEBRUARY 5, 2025

They argue that AI models trained on their catalog without permission amount to copyright infringement, much like streaming services before licensing agreements were established. Lawsuits have already been filed against AI developers, demanding transparency on data sources and compensation for artists whose works are used to train AI.

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JD Supra Law

OCTOBER 3, 2024

Affirming the application of the fair use defense to copyright infringement, the US Court of Appeals for the Fifth Circuit determined that a district court’s sua sponte invocation of a fair use defense to parallel trademark claims was harmless error.

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Copyright Lately

JANUARY 20, 2025

The decision echoes earlier disputes involving Instagram , where SDNY judges have grappled with unclear terms of use and Instagram’s own assertion that, while it could grant sublicenses for embedding, it hasn’t actually done so. Keep in mind that none of this uncertainty over platform licensing policies would matter out west.

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Plagiarism Today

SEPTEMBER 9, 2021

First off today, Andy Maxwell at Torrentfreak writes that the team behind the H3 Podcast has asked for the lawsuit against them to be dismissed, saying that the lawsuit is incorrect as a matter of law as they did not commit any copyright infringement. 2: Discovery Extension Requested in Internet Archive Book Scanning Suit.

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Plagiarism Today

SEPTEMBER 28, 2021

In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.” ” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works. Bottom Line.

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Velocity of Content

JANUARY 7, 2025

Underwood Chair in Law, Vanderbilt University), Noam Shemtov (Professor in Intellectual Property and Technology Law/Deputy Head of CCLS, Queen Mary University of London), Haralambos Marmanis (Executive Vice President and CTO, CCC), and Catherine Zaller Rowland (Vice President and General Counsel, CCC).

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Technology & Marketing Law Blog

APRIL 22, 2024

The jury needed only 90 minutes to determine that the defendants had proven their implied license defense, ending the case. More details from Bloomberg Law. Due to the fact-specific nature of doctrines like implied licenses and fair use, it’s possible the Hayden and Orton jury verdicts are consistent with each other.

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Plagiarism Today

MAY 16, 2022

First off today, Massimo Capizza at the National Law Review reports that the Supreme Court of the United States has denied certiorari in a case over the 2003 Josh Groban song You Raise Me Up , leaving a circuit split in place over how to determine substantial similarity between two works. Let me know via Twitter @plagiarismtoday.

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