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. §

Fair Use 119

Fair Use Art Licensing Publishing 119

Copyright Lately

MAY 22, 2023

Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. Andy Warhol Foundation v.

Fair Use 93

Fair Use Licensing Copying Artwork 93

TorrentFreak

MARCH 21, 2023

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Mass Copyright Infringement or Fair Use? The publishers are not against libraries per se, nor do they object to ebook lending.

Publishing 142

Publishing Copyright Fair Use Copyright Infringement 142

TorrentFreak

MARCH 18, 2024

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Publishers vs. Internet Archive The self-scanning approach differs from the licensing deals other libraries enter into.

Publishing 123

Publishing Fair Use Copying Music 123

Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2016, the defendant IJR published an article/listicle titled “15 Signs Your Daddy Was a Conservative.” In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. IJR argued that Philpot provided free licenses to the work. ” Market Effect.

Fair Use 100

Fair Use Licensing Copyright Marketing 100

43(B)log

AUGUST 9, 2024

Is this relevant to fair use? Satire involves using the same style to clothe different ideas; therefore it shouldn’t infringe (lack of substantial similarity as in the Greatest American Hero case; German case law; perhaps the jury’s reasoning in the Kat von D case). W/o fair use, these tools are far more limited.

Fair Use 59

Fair Use Marketing Marketing Licensing 59

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. Pub Ocean then published an article titled “A Massive Lake has Just Materialized in the Middle of One of the Hottest Places on Earth”.

Fair Use 140

Fair Use Journalism Licensing Marketing 140

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.

Fair Use 124

Fair Use Derivative Work Art Licensing 124

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. This has important implications for the doctrine of fair use.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

Intepat

NOVEMBER 19, 2024

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. If you’re a bookseller, publisher, or use book content, copyright rules impact you.

Business 52

Business Public Domain Copyright Fair Use 52

Technology & Marketing Law Blog

MARCH 3, 2022

Bell published a short book in 1982. 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.

Fair Use 108

Fair Use Litigation Marketing Marketing 108

TorrentFreak

JUNE 14, 2022

In the summer of 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House filed a copyright infringement lawsuit against Internet Archive (IA). “The only issue is whether Internet Archive’s massive infringement scheme is fair use under 17 U.S.C. § In a June 10 letter to Judge John G.

Publishing 126

Publishing Fair Use Copying Editing 126

TorrentFreak

AUGUST 19, 2021

Last June, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive for copyright infringement , describing its ‘Open Library’ as operating like a pirate site. Publishers Respond to Internet Archive’s Request.

Publishing 143

Publishing Fair Use Marketing Marketing 143

43(B)log

MARCH 1, 2022

25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

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. ).

Fair Use 101

Fair Use Copyright Law Copyright Law 101

TorrentFreak

AUGUST 13, 2023

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Mass Copyright Infringement or Fair Use? The Internet Archive has no such license. The Internet Archive has no such license.

Publishing 87

Publishing Copyright Copyright Infringement Copying 87

Velocity of Content

MAY 22, 2024

This article originally appeared in The Scholarly Kitchen Copyright Licensing and Human Advancement Copyright licensing, that is, the granting of permission to reuse copyright works, has likely existed as long as copyright. Collective copyright licensing is nearly as old, generally viewed as dating from 1777.

Licensing 52

Licensing Editing Copyright Fair Use 52

LexBlog IP

NOVEMBER 1, 2023

Businesses looking to capitalize on amusing or interesting videos in social media channels should beware of potential copyright infringement liability and bear in mind that a fair use defense may not be available. Frank Kent moved to dismiss the action, but the U.S. Read more

Fair Use 40

Fair Use Social Media Copyright Copyright Infringement 40

LexBlog IP

MAY 19, 2023

Yesterday, the Supreme Court held 7-2 that a specific use of Andy Warhol’s “Orange Prince” silk screen—based on a copyrighted photograph of Prince—was not fair use. The first factor did not apply to Warhol’s image as published in Condé Nast in 2016, so that specific use was not fair use.

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

Velocity of Content

JANUARY 31, 2023

This article was originally published in The Scholarly Kitchen. I have had people tell me with doctrinal certainty that Creative Commons licenses allow text and data mining, and insofar as license terms are observed, I agree. An analogous situation involving open software licenses (GNU and the like) is now being litigated.

Licensing 98

Licensing Fair Use Journalism Publishing 98

LexBlog IP

MAY 3, 2022

Keith Bell published a book in 1982 entitled Winning Isn’t Normal which provides strategies for success in athletics. The WIN Passage is subject to a separate copyright registration and he offers licenses for its use. The school district did not seek his permission before publishing the tweets.

Fair Use 52

Fair Use Social Media Copyright Marketing 52

TorrentFreak

AUGUST 14, 2021

The service was not appreciated by book publishers. Publishers Sue IA For Copyright Infringement. HarperCollins Publishers LLC, John Wiley & Sons, Inc., and Penguin Random House LLC – all members of the Association of American Publishers – accused the Internet Archive of running a pirate site.

Publishing 145

Publishing Fair Use Copyright Infringement Copyright 145

LexBlog IP

MAY 24, 2023

Goldsmith , Opinion located here , the estate of deceased pop artist Andy Warhol argued its use of the photo at issue was fair use under the first of the four Fair Use test factors (the “purpose and character of the use”), because Warhol’s contributions were transformative, adding new expression, meaning, or message.

Fair Use 40

Fair Use Copyright Licensing Copying 40

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. Percentage of Original Material Used.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

TorrentFreak

MARCH 25, 2023

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. While ‘digital’ book lending is not uncommon, libraries typically loan out DRM-protected files after acquiring a license from publishers.

Copyright Infringement 143

Copyright Infringement Copyright Fair Use Copying 143

LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. copyright law. Copyright law in the U.S.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

Velocity of Content

APRIL 11, 2024

Re-published with permission. A spate of recent lawsuits is shining light on how some generative AI (GenAI) companies are using copyrighted materials, without permission, as a core part of their products. How Content Use in LLMs Relate to Copyright How does this relate to the lawsuits? Supporters of fair use point to a U.S.

Licensing 52

Licensing Fair Use Copying Copyright 52

TorrentFreak

APRIL 23, 2024

The organization doesn’t license authorized digital copies from publishers; instead, its books are scanned and digitized in-house. Lawsuit and Appeal Internet Archive believes that its approach falls under fair use but publishers Hachette, HarperCollins, John Wiley, and Penguin Random House disagree.

Copyright 127

Copyright Fair Use Copying Publishing 127

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 90

Copyright Law Copyright Fair Use Law 90

Copyright Lately

SEPTEMBER 29, 2024

It looks like Jake from State Farm is definitely going to blow through his deductible, as the insurance giant lost its bid to declare game over on a lawsuit brought by video game publisher Atari Interactive. The court found it plausible that State Farm’s unlicensed use of the Crystal Castles artwork could impact this licensing business.

Fair Use 102

Fair Use Copyright Artwork Social Media 102

Velocity of Content

JULY 31, 2024

The copying and retention of these works in AI systems and their reproduction in outputs implicates copyright, making appropriate licensing essential for copyright compliance. Using copyrighted content for training LLM systems is fair use. Some AI companies defend their use of copyrighted materials as “fair use.”

Copyright 98

Copyright Fair Use Licensing Copying 98

TorrentFreak

DECEMBER 22, 2023

Publishers vs. Internet Archive The self-scanning service is different from the licensing deals other libraries enter into. Not all publishers are happy with IA’s approach which triggered a massive legal battle two years ago. The publishers didn’t listen to these concerns.

Copyright 128

Copyright Fair Use Publishing Marketing 128

The IPKat

OCTOBER 14, 2024

If you buy a wallpaper that shows copyright-protected pictures and apply it to the wall of a room, can you take a picture or video of the room and publish the picture or video online? The defendant used the photograph on its own website as an example of the projects it completed. It only has the effect of legitimizing the specific use.

Copyright 116

Copyright Copyright Notice Licensing Art 116

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.

Fair Use 211

Fair Use Reporting Plagiarism Copyright 211

LexBlog IP

NOVEMBER 17, 2023

This time, a group of music publishing companies, including Concord Music Group, Inc., They allege that Anthropic copies Plaintiffs’ copyrighted song lyrics and its AI chatbot, Claude, then generates those lyrics in response to user prompts—all without a license. ABCKO Music, Inc., ” Id. at ¶ 10. 1258 (2023).

Music 52

Music Copyright Infringement Publishing Copyright 52

Dear Rich IP Blog

NOVEMBER 10, 2020

Dear Rich: I'm about to submit a copyright application and have a question about whether or not a song is considered published. If I send copies to a few people, is that considered "published," or does it have to be a mass distribution, like a sale? That's because copyright could be lost if a work was published without notice.

Publishing 52

Publishing Fair Use Copying Copyright 52

TorrentFreak

AUGUST 7, 2024

At the same time, some rightsholders such as Reddit and Getty Images are making deals to license their ‘data’, although that’s still relatively rare in the AI space. Music Companies vs. Anthropic In one of these lawsuits, music publishers including Concord and Universal sued AI startup Anthropic.

Copyright 112

Copyright Music Fair Use Copying 112