Copyright Lately

SEPTEMBER 29, 2024

In May, State Farm filed a motion to dismiss the lawsuit (read here) , arguing that Atari was “seeking a windfall for the inadvertent and fleeting use of a decades-old arcade game.” The Fair Use Defense The court also denied State Farm’s motion to dismiss Atari’s copyright claim based on the fair use defense.

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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.

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The IP Law Blog

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. Take Two had good reason to believe in its implied license defense.

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Technology & Marketing Law Blog

MAY 30, 2022

Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.

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SpicyIP

FEBRUARY 28, 2025

The application relies on the IPTV technology (Internet Protocol over Television) which provides delivery of audio/visual/graphic/textual data over IP-based networks. Firstly , appropriate licensing is the foremost requirement for IPTV applications to operate legally. In this backdrop, how did IPTV Smarters Pro land into trouble?

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Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. This left only the fair use defense remaining for the jury.

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IPilogue

OCTOBER 12, 2022

When hearing of the future live shows Barlow and Bear had planned, Netflix offered them a licensing agreement that would permit their shows, continued distribution of the album, and any further performances of the Bridgerton -inspired songs; but Barlow and Bear refused the licensing option.

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SpicyIP

JANUARY 31, 2025

Analysing the complexities of licensing deals for film and television adaptations. Analysing the impact of Indian copyright law on fair use in academic and critical writing. Evaluating the doctrine of fair use for Indian social media platforms in light of global cases. International Public License.

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TorrentFreak

APRIL 12, 2024

The latter simply cannot exist without the former; the big legal debate seems to hang on whether consumption was protected under the doctrine of fair use, or was straightforward copyright infringement. If the court finds in favor of fair use, it seems likely that no copyright holders will receive compensation.

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SpicyIP

JULY 29, 2021

Secondly, imposing a straightjacket 10% limit is patently absurd as DU Photocopy had explicitly upheld the reasonable-nexus approach to determine permissible amount of copying (previously suggested by Prof Basheer ): ‘ utilization of the copyrighted work would be a fair use to the extent justified for purpose of education ’ (para 33, Div.

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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. A Musical Parody ” and “ Friends!

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TorrentFreak

JULY 26, 2023

A copy available via PRS Legislative Research ( pdf ) shows that the committee heard evidence from the Motion Picture Distributors Association, Viacom 18, the Film and Television Producers Guild of India, and others. Amended Amendments The Standing Committee Report referenced 18 U.S.

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IP and Legal Filings

JANUARY 8, 2023

Through a licensing agreement, they can give consent for other parties to utilize their creations. emphasized the fair use and dealing of copyrighted matters under section 52(1)(a) of the Act. Rameshwari photocopy services & ors. In the case of Tips Industries Ltd. Wynk Music Ltd. The Tips v.

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Velocity of Content

DECEMBER 4, 2024

Professor Paul Goldstein, for example, has argued that, in light of the enumeration, the statutory text is intended primarily to protect certain licensing markets. 1111 (2022) (discussing the requirement applied by some US courts that a defendant’s production be original to qualify as an infringing derivative work). 1997); Melville B.

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Biswajit Sarkar Copyright Blog

JUNE 21, 2023

However, copyright infringement occurs when such copyrighted music is streamed without acquiring proper license from the copyright owners. Through licensing of the copyrighted work, the exclusive rights to reproduce and distribute are transferred to the licensee who pay royalty to the licensor i.e,

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Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. Through licensing of the copyrighted work, the exclusive rights to reproduce and distribute are transferred to the licensee who pay royalty to the licensor i.e, The defendant no 1 i.e,

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Velocity of Content

SEPTEMBER 9, 2021

At present, YouTube certainly has many other aspects, included music, television-like programming, and live streaming, but I am not going to get into those.). Note that the algorithm does not work perfectly — most prominently, it doesn’t understand the US legal doctrine of fair use very well. (To

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LexBlog IP

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. Take Two had good reason to believe in its implied license defense.

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LexBlog IP

NOVEMBER 28, 2023

But wait, shouldn’t the Fair Use Doctrine imputed under the First Amendment apply to an obviously parodied creative work? All meme-like images in this article are properly licensed. Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here? Yes and no. What about meme generators?

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Copyright Lately

JANUARY 13, 2023

Under the 1909 Act, the oral delivery of a speech, just like the broadcast of a television script or the public performance of a song, did not constitute a general publication. King’s famous speeches in Selma because rights in the actual speeches had already been licensed for a Steven Spielberg biopic.

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Velocity of Content

MAY 1, 2024

29 town hall, The Heart of the Matter: Copyright, AI Training and LLMs, presented a comprehensive case that AI systems do infringe copyrights and called for a licensing system to compensate content owners. Fair use loomed large among those rights. The presentation wove together technical principles and legal arguments.

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Biswajit Sarkar Copyright Blog

JUNE 21, 2023

However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. Through licensing of the copyrighted work, the exclusive rights to reproduce and distribute are transferred to the licensee who pay royalty to the licensor i.e, The defendant no 1 i.e,

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JIPL Online

APRIL 9, 2021

Memes utilize pop culture content, such as movies, television shows, and other various forms of media, often in a parodic way. Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] By: Taylor Bussey. INTRODUCTION.

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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.

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Kluwer Copyright Blog

OCTOBER 11, 2022

In the first case, the Plaintiff had alleged that the Defendants had used the first line of the popular Bollywood song ‘Kajra Re Kajra Re’ in an advertisement broadcast during a television show. Subsequently, in 2020, the Defendant conveyed its inability to continue with the said license and the agreement was terminated.

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43(B)log

SEPTEMBER 7, 2023

15, 2023) This is a copyright suit against Gannett for advertising-like use of a photo taken by Campbell of NFL coach Katie Sowers; the photo came from a screenshot of an ad run by Microsoft that played during the Super Bowl. The Microsoft ad was licensed by Campbell and showed the photo at about the 40-second mark.

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Technology & Marketing Law Blog

AUGUST 1, 2023

On the other hand, professional photographers have to make a living by licensing their photos to publishers (and other intermediaries) who are willing to pay them to reproduce and display those photos. The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use.

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LexBlog IP

FEBRUARY 11, 2024

You see, when I was growing up, computers took up entire rooms and content was published on paper – books, newspapers, magazines, and yes, sometimes even broadcast on television or radio. Licensing agreements, fair compensation, and mutual respect for craft and code could be the keys to unlocking a harmonious scenario.

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LexBlog IP

APRIL 13, 2022

On August 6, Roc-A-Fella filed an amended complaint, naming GoDigital, a company to which Dash allegedly granted the right to license Reasonable Doubt to certain websites, as a co-defendant. [13] On November 16, 2021, film and television studio Miramax, LLC (“Miramax”) sued Tarantino and his company Visiona Romantica, Inc. at 4 ¶ 22.

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43(B)log

MAY 22, 2023

Several had appeared in magazines, advertising campaigns, television episodes, and films. Plaintiffs claimed that they might have lost out on work due to the “reputational hit” from being linked with a strip club, and that they were deprived of licensing revenue for their images. Some were former Playboy Playmates.

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

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Technology & Marketing Law Blog

AUGUST 12, 2021

Sinclair owns a bunch of television stations. means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.”. Fair use : The court also grapples with fair use.

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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. Signal 23 Television v. assertions.

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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. Beginning in 1955, adaptations of the stage play for television begin. “Peter Pan” (1953 animated film).

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SpicyIP

AUGUST 30, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? In this guest post , Pragya Jain offers an independent analysis of the law in relation to comparative advertising and nominative fair use and applies it to analyse a recent YouTube commercial by Domex, a Hindustan Unilever Ltd. Other posts.

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SpicyIP

DECEMBER 30, 2023

This will potentially impact the copyright licensing landscape insofar as filmmakers will have to enter into dedicated agreements to claim protection for works not listed within the scope of Section 17. Microsoft Technology Licensing v. the licensee. The judgement was authored by Justice C. Telefonaktiebolaget LM Ericsson (PUBL) v.

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LexBlog IP

APRIL 20, 2022

As described here in a previous post: The United States Court of Appeals for the Second Circuit rejected an artistic intent or purpose test for fair use on March 26, 2021, in The Andy Warhol Foundation v. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. at 7-9) were transformative.,”

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