IP and Legal Filings

MARCH 19, 2025

Rahul Dhawan, her lawyer, argued that the disputed clip was part of Nayanthara’s ‘Personal Liberty’ as it was shot on her device and was already circulating in the public domain. The defense concluded that the case was without merits, thus not violating copyright laws. 1] Llaiyaraja v.

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Biswajit Sarkar Copyright Blog

FEBRUARY 5, 2025

Lawsuits have already been filed against AI developers, demanding transparency on data sources and compensation for artists whose works are used to train AI. Legal Background and Relevant Laws The legal framework surrounding AI-generated music draws from multiple intellectual property laws and regulations, including: Copyright Act (U.S.):

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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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Intepat

DECEMBER 18, 2024

This article explores the essentials of copyright licensing in podcasting, debunks common myths, examines relevant case laws, and provides actionable steps to ensure compliance while maintaining creative freedom. Additionally, if the use does not harm the market value of the original work, it is more likely to be considered fair use.

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Velocity of Content

OCTOBER 19, 2021

The Copyright Act of 1976 became Public Law number 94-553 on October 19, 1976 and went into effect (as scheduled) as Title 17 of the United States Code on January 1, 1978. The new Copyright Act was the fourth general revision of copyright law since the original Act of 1790. Today is the 45th anniversary of that event.

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IP and Legal Filings

JANUARY 16, 2024

This rule covers lending digital copies of copyrighted works, while works in the public domain can be freely digitized. The concept of CDL revolves around the idea of two major doctrines under Copyright law i.e. Doctrine of fair use and doctrine of exhaustion.

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Art Law Journal

JANUARY 15, 2019

On Jan 1, 2019, we not only ushered in a new year but also an unprecedented amount of creative works entering the public domain. Steve Schlackman.

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TorrentFreak

AUGUST 17, 2024

In its initial response, filed a few weeks ago , NVIDIA did not deny that it used the Books3 dataset. Like many other AI companies, it believes that the use of copyrighted data for AI training is a prime example of fair use; especially when the output of the model doesn’t reproduce copyrighted works.

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Velocity of Content

FEBRUARY 26, 2025

A large portion of the decision concerns the question of whether the defendant copied material that is copyrightable, given that Wests copied headnotes and Key Number System are factual and based on the unarguably public domain caselaw. More than copyrightability, to me the most important question is was the copying fair use?

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Art Law Journal

OCTOBER 24, 2018

Fair use is a common art law issue that arises for artists. Here, we review the College Art Association's Code of Best Practices in Fair Use for the Visual Arts. Nicole Martinez.

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SpicyIP

NOVEMBER 7, 2022

We are very happy to announce the results of the 3rd Shamnad Basheer Essay Competition on IP Law! The First prize goes to Pravertna Sulakshya , from Rajiv Gandhi National University of Law, Punjab (Batch of 2025) for their essay titled, “ An IPR-Kajal for Dupes’ Evil Eye? And the winners are: 1. The essay is available here.

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IP and Legal Filings

MARCH 5, 2025

This brings us to the discussion of their personality rights, which confer upon an individual the exclusive right to govern how their persona is depicted in the public domain, particularly for commercial purposes.

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JIPL Online

MARCH 15, 2021

2] While most Sherlock Holmes stories are now in the public domain, the estate alleged that some works and character elements regarding Sherlock Holmes are still protected by copyright. [3] 5] Netflix and the estate quickly settled. [6]. 5] Netflix and the estate quickly settled. [6]. 9] Both parties reached an amicable settlement. [10]

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Dear Rich IP Blog

MARCH 5, 2022

If the statue and the image are protected by copyright, it would be a violation to reproduce them in your book (unless permitted under fair use principles). The reverse principle -- it is a violation of copyright law to create a sculpture of a photograph -- has also been followed by the courts. In the real world.

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The IPKat

OCTOBER 12, 2022

A salient case in point are book titles and the potential confusion that they can engender, thanks to an apparent lacuna in the law. As noted in In re Cooper, … [u]nlike a copyright that has a limited term, a trademark can endure for as long as the trademark is used.

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Hugh Stephens Blog

MAY 14, 2024

Image: Shutterstock.com Canada not the US when it comes to copyright—or anything else.

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TorrentFreak

DECEMBER 21, 2022

Opponents of filtering technology warn that fair use and First Amendment rights are at stake. Most parties agree that it’s impossible to design an error-free takedown process but disagree on what error rate is acceptable when takedowns are automated. Tweaking the DMCA.

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Technology & Marketing Law Blog

JANUARY 25, 2023

Here’s an example of a subject photo from his complaint (which, based on this ruling, I’m now confident he can’t sue me for; plus fair use), with some pretty obvious photography flaws: His copyright claims raise a simple but troubling question: who owns the photos taken with his camera? The complaint. –Shah v.

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IPilogue

SEPTEMBER 9, 2022

Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. Netflix eventually settled with Chooseco in late 2020 after unsuccessfully arguing on grounds related to trademark law and fair use allowances. . How similar is too similar? Photo retrieved from Tubefilter.

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TorrentFreak

FEBRUARY 16, 2022

The Electronic Frontier Foundation (EFF), for example, stresses that automated filtering tools often miss important context that can differentiate between clear copyright infringement and fair use. This concern is also broadly supported by comments from the general public, which make up the majority of the consultation responses.

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Kashishipr

MAY 25, 2021

Such a license would enable using the resources held by owners of the CC Licenses to the extent of editing, remixing, copying, and distributing the work without circumventing the copyright law. Blogging and Fair Use. It can be used freely by anyone. Trademarking a Blog.

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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. It’s been said that if public libraries didn’t already exist, they’d be found unlawful today.

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LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

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IIPRD

MARCH 5, 2025

Control of origin laws mediated by authors has traditionally attempted a simpler approach that did not anticipate complexities associated with human creativity. Traditional Copyright Framework and Its Limitations Copyright law is fundamentally based on three principles: Authorship : The creator of a work owns the copyright.

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Copyright Lately

APRIL 3, 2023

The future of “controlled digital lending” is in doubt after a court rules that the Internet Archive’s online library is not protected by fair use. IA’s Open Library project includes millions of public domain books that users can download and read without restriction. It also includes 3.6

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The IPKat

JULY 22, 2021

Katfriend Dr Sabine Jacques , Associate Professor in IP, IT & Media law at the University of East Anglia and author of The Parody Exception in Copyright Law (OUP 2019), provides the follow review of The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity – by Martin Senftleben.

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TorrentFreak

AUGUST 16, 2024

The realm of content protection may yet have an AI savior waiting in the wings, but until a model can accurately determine fair use and conduct complex, error-free investigations, humans retain the upper hand. In most cases, settlements require domains used in connection with pirate services to be signed over to the MPA.

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Copyright Lately

AUGUST 2, 2022

While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. The Musical Parody ,” “The Unofficial Bridgerton Musical” isn’t the type of parody musical that courts have often found to be fair use under the Copyright Act.

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Kluwer Copyright Blog

DECEMBER 17, 2023

For the last few months, I have been wondering if our belief in “fair dealing” (or broadly, “limitations and exceptions”) has silently slipped into our “faith” in it – a faith that demands complete surrender to it while blinding us to the harm it covertly causes to the public domain. What Fuels Faith in the First Place?

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Velocity of Content

DECEMBER 6, 2023

Significant amounts of content are also available through the public domain. Under what circumstances would the unauthorized use of copyrighted works to train AI models constitute fair use? Please discuss any case law you believe relevant to this question. TVEyes, Inc., 3d 169 (2d Cir. Google, Inc.

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Copyright Lately

JANUARY 13, 2023

and 20th Century-Fox Records argued that, because King had distributed advance copies of the speech to the press without restricting them from reproducing or distributing it further (and without the copyright notice required under copyright law at the time), the speech was in the public domain.

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Velocity of Content

JANUARY 22, 2025

The stakes are particularly high in copyright law, where anthropomorphic thinking has led to problematic comparisons between human learning and AI training. This territorial nature of copyright law creates a complex web of potential liability. ” These human terms feel natural, but they are misleading.

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IP Intelligence

APRIL 18, 2023

Presumably afraid that a decision one way or the other would move financial markets and have unforeseen consequences, the Court assumed the declaring code was protected by copyright and decided the case on fair use. A fair use of declaring code might not be a fair use of implementing code.

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SpicyIP

AUGUST 28, 2022

Hamar Television , regarded Section 52 of the Copyright Act, 1957 as a ‘right’ i.e. “right to make fair use or to deal fairly”, stemming from the fundamental right to free speech. The common law principle ‘ ubi jus ibi remedium’ i.e. “a right without a remedy is no right” also corroborates this incongruity.

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Larson & Larson

JUNE 21, 2021

Copyright law provides a safeguard against copyright infringement. The publication date, for instance, plays a considerable role in copyright protection. Copyright law provides that for any work published after 1977, the copyright protection will last during the author’s lifetime plus an additional seventy years. .

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Velocity of Content

AUGUST 13, 2024

However, adopting a more systematic program of creating or adapting curriculum materials for an entire district or school highlights some important questions about schools’ and school districts’ rights and obligations under copyright law. Exceptions include materials in the public domain such as documents and materials the U.S.

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LexBlog IP

SEPTEMBER 16, 2021

The public domain is, broadly speaking, a good thing for both consumers and creators, although the creators of the original work passing into the public domain might feel differently were they still alive to put up a fuss.

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