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] 14] Before lawyers got involved, pressure from the photographer resulted in the granting of a licensing fee. [15] ANALYSIS/PREDICTION.

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

IP Intelligence

SEPTEMBER 20, 2023

If restrictions are placed on the fair use defense and/or a compulsory licensing regime implemented for models that used copyrighted content, such restrictions might apply to computer vision models that enable surgical robotics and autonomous vehicles. AI authorship rules apply regardless of the nature of the claimant.

Fair Use 111

Fair Use Public Domain Copyright Ownership 111

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.

Copyright 145

Copyright Fair Use Public Domain Government 145

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.

Fair Use 40

Fair Use Art Licensing Derivative Work 40

IP Close Up

AUGUST 20, 2024

and other power brands will be entering the public domain at an alarming rate between Continue reading Iconic characters from Disney, Marvel and DC Comics (Warner Bros.)

Public Domain 89

Public Domain Branding Brands Branding 89

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?

Copyright 124

Copyright Fair Use Licensing Ownership 124

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. Internet Archive’s “Table Top Scribe” book scanner. It also includes 3.6 For research.

Publishing 91

Publishing Copying Fair Use Licensing 91

Kashishipr

MAY 25, 2021

You may sign-up for a Creative Common License where the issue lies in seeking acknowledgment of the work. 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.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

Technology & Marketing Law Blog

DECEMBER 15, 2021

To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions. Signal 23 Television v.

Registration 132

Registration Fair Use Copyright Design 132

Velocity of Content

DECEMBER 6, 2023

Significant amounts of content are available through licenses, including open licenses such as CC BY and CC BY-NC. Significant amounts of content are also available through the public domain. To what extent are copyrighted works licensed from copyright owners for use as training materials? 529 F.Supp.3d

Copyright 98

Copyright Fair Use Licensing Copying 98

The IPKat

OCTOBER 12, 2022

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. Therefore, once copyright protection ends, and the work falls in the public domain, others must have the right to call the work by its name…. International license.

Law 126

Law Trademark Public Domain Licensing 126

Copyright Lately

AUGUST 2, 2022

Multiple times throughout June and July 2022, Netflix informed Barlow & Bear’s lawyers that their July 26 performance wasn’t authorized and would give rise to claims for willful copyright and trademark infringement unless they negotiated a license—which Netflix was willing to do. Even better, it’s in the public domain.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

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

Fair Use 71

Fair Use Copying Publishing Copyright 71

Velocity of Content

AUGUST 13, 2024

Exceptions include materials in the public domain such as documents and materials the U.S. Consideration of how the TEACH Act and exceptions like fair use apply to the use and distribution of copyrighted materials in the classroom and in online education. The development and use of Open Educational Resources.

Copyright 52

Copyright Public Domain Fair Use Licensing 52

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. The defendants, Mister Maestro, Inc.

Copyright 95

Copyright Public Domain Copyright Notice Copying 95

Velocity of Content

JUNE 8, 2022

Having obtained film animation rights — a relatively new licensing concept at the time, but one which Disney Studios began frequently exploiting from the 1930’s on – Walt Disney and his studio release the famous animated film. And the 1911 content reused in these works may actually be in the public domain already.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

Copyright Lately

OCTOBER 25, 2021

The judge rejected BMG’s fair use defense, holding that the defendants took more elements from the “Nightmare on Elm” street films than they needed to accomplish any parodic purpose. In 1999, Cinema Secrets licensed the right to sell a Michael Myers Halloween mask from the film’s copyright owner.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

Kluwer Copyright Blog

OCTOBER 17, 2023

As a software-implemented creation, it was not in the public domain and the company willing to exploit the work had to clear the right to reproduction. Part 1 of the post discusses legislative proposals in this field and Part 2 will explore the potential statutory license solution.

Copyright 121

Copyright Art Copyright Law Licensing 121

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

43(B)log

FEBRUARY 22, 2022

Unique expertise on code too; code is different from photos, music, videos; some of the most valuable code on GitHub is licensed openly. Remediation not removal is often the goal—changes to the code rather than removing often resolves the problem, e.g. addressing violation of open source license by adding attribution etc.

Copyright 45

Copyright Fair Use Music Licensing 45

JIPEL Copyright Blog

MARCH 9, 2022

addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive. Perhaps one of the most salient legal issues is whether there is copyright infringement or a violation of the Visual Artists Rights Act of 1990 (“VARA”) in the virtual modification (e.g.,

Moral Rights 52

Moral Rights Fair Use Art Derivative Work 52

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Recognize the subtleties of fair use. If you can’t get permission, you can still freely use original work for non-commercial purposes if you are aware of your rights under fair use. Before using someone else’s creation, consider how your actions will affect its market worth.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

43(B)log

AUGUST 3, 2023

Michael Carroll (w/ Peter Jaszi), Fair Use After Google and Warhol Codification is a big deal; clarifies that fair use is a distinct doctrine, whereas well into 20th century courts were using it as noninfringement. Courts weren’t using four factors before that. We don’t even get into the market stuff.

Fair Use 40

Fair Use Copyright Derivative Work Marketing 40

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

SpicyIP

NOVEMBER 10, 2023

On most occasions, a blocking order is not issued in public domain stating its reasons which violates principles of natural justice (see here for appeal mechanism). On occasion, an infringing material might be saved by the fair use exemption under Copyright Act ( here ). 243 of ‘ Create Copy or Disrupt ( here).

Copying 52

Copying Copyright Copyright Infringement Fair Use 52

43(B)log

FEBRUARY 4, 2023

Have Black musicians been able to use copyright litigation to push back against cross-racial appropriation (Three Boys), is it equal (Campbell v. Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license. Identifying race of plaintiffs: didn’t prove that difficult; most figures are public.

Copyright 49

Copyright Editing Settlement Music 49

43(B)log

DECEMBER 20, 2022

But also, the documentaries weren’t substantially similar, and, “even if the 2013 Documentary is substantially similar to the 2001 Documentary under the fragmented literal similarity test due its use of clips from the 2001 Documentary, Plaintiffs’ claim with respect to this documentary is barred by the fair use doctrine.”

Fair Use 52

Fair Use Trademark Copyright Editing 52

JIPEL Copyright Blog

APRIL 13, 2022

A German professor of music theory received Content ID Claims for recordings in the public domain uploaded by his YouTube channels. Trendacosta’s article is just one example of criticism against the Content ID system.

Copyright 40

Copyright Public Domain Fair Use Ownership 40

43(B)log

JUNE 24, 2022

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? Yet the company is aggressive against anyone using that term.

Trademark Law 75

Trademark Law Law Trademark Registration 75

Patently-O

APRIL 6, 2023

In that case, the Court found that Google’s use of Java API naming conventions in its Android operating system was fair use under copyright law. Because its fair use decision decided the case, the court did not rule separately on whether the API was even copyrightable in the first place. 1183 (2021).

Copyright 58

Copyright Copying Copyright Infringement Fair Use 58

Kluwer Copyright Blog

APRIL 25, 2024

Only one witness is quoted as having argued that such uses should be licensed by collective societies. Instead, two years later, the Canadian Government launched a public consultation that specifically sought input on the matter of copyright and AI. data —reside).

Copyright 67

Copyright Government Copyright Law Reporting 67

43(B)log

FEBRUARY 24, 2023

Be willing to let go of shorthands: LOC is probably not a useful concept for what TM is actually doing now; so too with distinctiveness and source identification in a world of licensing and outsourcing and merchandising. But the test doesn’t say 1A every time; you just use the test. Ramsey: do it w/broad fair use/general rules.

Trademark 69

Trademark False Advertising Fair Use Branding 69

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

43(B)log

AUGUST 8, 2024

Prince finds fairness in many images when Prince didn’t care about other artists; Graham v. Prince rejects fair use when his stated intent was to have fun. Sexual pleasure: when mark is used to “titillate” or convey a message that sex is good, that doesn’t establish parody or commentary. Disdain as paradigmatic fair use.

IP 59

IP Fair Use Privacy Licensing 59