TorrentFreak

JUNE 22, 2022

Since the speech attached to the photographs constituted fair use, there was no infringer to identify. In response Magistrate Judge Donna Ryu issued an order offering MrMoneyBags an opportunity to anonymously file evidence in support of Twitter and to argue that the photos were used on a fair use basis.

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TorrentFreak

SEPTEMBER 2, 2024

That was perceived as an attempt to bring the matter to an end but on unacceptable terms; no recognition of Parrish’s right to use the material under the doctrine of fair use and a potentially devastating effect on raising awareness and future criticism of the religious group. Factors of Fair Use A.

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IP Watchdog

FEBRUARY 1, 2024

The training of artificial intelligence models using copyrighted material continues to stir debate and prompt litigation. Fair use is a defense to a claim of copyright infringement that must be affirmatively invoked by the accused infringer.

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TorrentFreak

SEPTEMBER 28, 2023

Among its arguments to dismiss the claims, the AI company cited fair use. It argued that the use of large amounts of copyrighted texts could be seen as ‘fair’ because it helps to facilitate progress and innovation. “Fair use, of course, is an important—yet limited—feature of U.S. copyright law.

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IP Watchdog

DECEMBER 12, 2021

Court of Appeals for the Second Circuit holding that Andy Warhol’s Prince Series did not constitute fair use of Lynn Goldsmith’s photograph. The Second Circuit held in March that “the district court erred in its assessment and application of the fair-use factors and the works in question do not qualify as fair use.”

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Traverse Legal Blog

NOVEMBER 25, 2024

Enrico Schaefer, Copyright & Litigation Attorney. Misinterpreting Licenses: Incorrectly assuming permission to use copyrighted material. Fair Use Misconception: Believing that a particular use falls under fair use guidelines. the purpose and character of your use.

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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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IP Watchdog

NOVEMBER 17, 2021

“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. Naturally, the way courts analyze the “fair use” defense must adapt as technology advances and the way in which creative content is developed evolves.

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The IP Law Blog

JULY 9, 2021

In this week’s episode, Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol’s series of portraits of the artist Prince ( Andy Warhol Foundation v Goldsmith). This week, Scott and Josh discuss the possible impact of the Supreme Court fair use decision in Google LLC v Oracle America, Inc.,

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IP Watchdog

OCTOBER 12, 2022

Lynn Goldsmith, a case asking the nation’s highest court to determine whether Warhol’s unlicensed use of Goldsmith’s photographs of pop superstar Prince was a fair use of that copyright-protected photo.

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IP Watchdog

JANUARY 29, 2024

The two nearly identical final judgments were entered in favor of the photographer plaintiffs’ claims that Prince and the exhibiting galleries willfully infringed on their photographs, and the court dismissed all the defenses raised – including the fair use defense – with prejudice.

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SpicyIP

JANUARY 29, 2025

Is Training of GenAI Models Fair Use? We Might Know Soon The 3rd issue framed by the Court will deal with the question of fair use, wherein the question is whether using the plaintiff’s data or copyrighted content constitutes fair use under Section 52 of the Copyright Act.

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IP Watchdog

MARCH 28, 2022

Court of Appeals for the Second Circuit holding that Andy Warhol’s Prince Series did not constitute fair use of Lynn Goldsmith’s photograph. Goldsmith, Lynn, et. a case that asks the High Court to review a decision of the U.S.

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SpicyIP

MAY 2, 2022

Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? In response the Defendant claimed, “ fair use” and “ de minimis” use.

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Kluwer Copyright Blog

APRIL 8, 2024

Litigation against these models has piled up at the same breakneck speed as they have gained ground. And at the core of this litigation lies a common claim: generative AI has a memory problem. This is an important shift from past litigation involving copy-reliant technologies and therefore merits a fresh look.

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Technology & Marketing Law Blog

FEBRUARY 12, 2024

This is what I call a “commercial editorial use”–ad-supported editorial content. Courts routinely split on whether commercial editorial use is commercial for fair use purposes. 6, 2024) The post Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. Case citation : Philpot v.

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Velocity of Content

DECEMBER 19, 2024

Just three short years ago, copyright litigation discussions centered around whether it is fair use to copy declaring code or make unlicensed use of Lynn Goldsmiths photographs of Prince. Most of these involve the unauthorized use of third-party copyrighted works to fuel generative AI systems.

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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.

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IP Watchdog

MAY 18, 2023

Court of Appeals for the Second Circuit was correct in holding that the Andy Warhol Foundation's (AWF's) licensing of an orange silkscreen portrait of the musician Prince, created by Andy Warhol using photographer Lynn Goldsmith’s photo, was not fair. The Supreme Court ruled today in Andy Warhol Foundation v. Goldsmith, Lynn, et.

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IP Watchdog

AUGUST 17, 2021

Court of Appeals for the Eighth Circuit yesterday reversed a Missouri district court’s grant of summary judgment for a group of real estate companies relating to copyright infringement claims brought by an architect over floorplans.

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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. While these would be three defenses that Take-Two could claim, the jury only got the chance to weigh one, fair use.

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JD Supra Law

FEBRUARY 17, 2025

From the pages of The New York Times to thegeneral counsels office of The New York Times, AI copyright litigation is all the rage. Possible questions include the philosophicale.g. Could an AI agent hold a copyright?but but the most asked are the pecuniarye.g. Do the creators of AI tools owe me, a copyright holder, money?.

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Technology & Marketing Law Blog

JANUARY 18, 2025

Instead, XXL relied on a fair use defense, which works: Nature of use: “the video was the subject of the news story and because the article added new information and context about the contents of the video.” The court also says it can’t consider the evidence that Mediaite used embedding on a motion to dismiss.

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SpicyIP

MARCH 29, 2025

In doing so, the essay highlights the paradoxical stance of companies on training other ML systems using the output generated by their own ML systems and discusses the copyrightability of ML system-generated output, if any.

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Copyright Lately

OCTOBER 20, 2024

At trial, American focused primarily on its trademark infringement and unfair competition claims, arguing that Skiplagged misled consumers by making itself appear like an authorized agent of the airline, in part by using American’s logo in ways that could cause confusion. Here, the jury sided with the airline, awarding $4.7

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Technology & Marketing Law Blog

NOVEMBER 16, 2024

The defendant published a bio on Sewell and included one of McDermott’s photos–apparently sourced from an unrelated Instagram account (possibly another infringer, or perhaps that account has a fair use defense?). However we get there, the overall litigation enterprise here makes no economic sense.

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Plagiarism Today

MARCH 3, 2022

However, the lower court tossed the lawsuit, saying that the use was a fair use, and awarded the school some $10,266.37 The decision was heavily swayed by the fact that Bell is a “serial litigant” that has filed dozens of similar lawsuits over the course of a decade.

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Technology & Marketing Law Blog

JANUARY 22, 2022

The court says the Dubtown video wasn’t copyright infringing because of fair use: Purpose/Character of Use. ” The videos were transformative, even if parts of precedent material were used verbatim. .” However, McFree made transformative uses. This factor weighs slightly against fair use.

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IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms.

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IP Law 360

SEPTEMBER 15, 2023

there are a few possible defenses that have already been effectively asserted by defendants in litigation, including lack of standing, reliance on the fair use doctrine, and the legality of so-called data scraping, say attorneys at K&L Gates. In the rapidly growing field of generative artificial intelligence law in the U.S.,

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IP Law 360

JULY 17, 2023

The Ninth Circuit ruled Monday that the practice of embedding Instagram posts doesn't infringe copyright protections because the owners of the original posts still have the power to edit them, refusing to budge on what a pair of litigating photographers called an outdated legal precedent.

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Velocity of Content

MARCH 16, 2023

Regardless, as of this writing there are now five cases that may provide some clarity on this less frequently discussed but foundational issue of the unauthorized use of copyrighted materials as training data for AI (I use “AI” here as a shorthand which also includes text and data mining and machine learning). is being used as code.

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JD Supra Law

JULY 9, 2021

In this week's episode, attorneys Josh Escovedo and Scott Hervey discuss the litigation over Andy Warhol's series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith). The decision overturned a lower court decision in favor of the Warhol.

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IP Watchdog

SEPTEMBER 4, 2024

and Penguin Random House LLC— that it is not a fair use for IA to scan copyright-protected print books and distribute them for free without permission from the publishers or authors.

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IP Close Up

NOVEMBER 1, 2022

The Supreme Court recently heard arguments for the Warhol v. Goldsmith copyright case, which will have a dramatic impact on content providers and the definition Continue reading.

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Copyright Alliance

JANUARY 5, 2023

Coverage of copyright litigation in 2022 was understandably focused on the Supreme Court’s transformative fair use showdown in Warhol Foundation v. Goldsmith, but the past year saw many other significant […]. The post Copyright Cases in 2022: A Year in Review appeared first on Copyright Alliance.

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IP Tech Blog

MARCH 28, 2023

Even though the Internet Archive and participating libraries purchased print copies of the books and, for the most part, made them available to borrowers on a one-to-one basis, the court rejected the Internet Archives’ fair use defense. The court also rejected Internet Archives arguments that its use was entirely non-commercial.

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