Technology & Marketing Law Blog

MARCH 30, 2022

The district court granted Mic’s motion to dismiss on fair use grounds. In a memo opinion, the Second Circuit affirms the fair use motion to dismiss. Nature of the Use. Market Effect. The post Second Circuit Confirms Fair Use on Motion to Dismiss–Yang v. Amount Taken.

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Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. Fair Use Precedent? Google Books and Transformative Use The past two decades have seen a wealth of technological developments, but generative AI is qualitatively different from everything that has come before. However, the U.S.

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TorrentFreak

DECEMBER 18, 2023

Mass Copyright Infringement or Fair Use? The Internet Archive wholeheartedly disagreed with the copyright infringement allegations; it offers a vital service to the public, the Archive said, as it built its legal defense on protected fair use. The library argues that the court erred by rejecting its fair use defense.

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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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TorrentFreak

NOVEMBER 16, 2021

Affirmative Defense – Fair Use. Right off the bat, the defendants assert that anything they did in connection with their GTA 3 and Vice City projects were actions protected by fair use under the Copyright Act. The doctrine of fair use bars the relief sought by Plaintiff,” the response adds.

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TorrentFreak

JANUARY 20, 2025

Crucially, however, Meta denied the copyright infringement allegations, noting that it would rely on a fair use defense, at least in part. To the extent that Meta made any unauthorized copies of any Plaintiffs registered copyrighted works, such copies constitute fair use under 17 U.S.C.

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TorrentFreak

OCTOBER 7, 2021

Early September the defendants fired back with a motion to dismiss the “fatally defective” complaint, arguing that they only used a very small portion of the four-hour broadcast for the purposes of commentary and criticism, a key component of a fair use defense. Other Fair Use Factors Cannot Be Relied Upon.

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IPilogue

MAY 26, 2022

An artist who fails to acquire permission from the copyright owner can use the ‘fair use’ defence. Under section 107 , fair use allows persons to use parts of a copyright protected work without permission for limited purposes. The fair use defence is rarely used in music sampling cases.

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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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TorrentFreak

FEBRUARY 20, 2022

Some of McFree’s critical videos use copyrighted material owned by Watch Tower so in 2018, the group filed an application for a DMCA subpoena which asked a court to compel YouTube/Google to hand over his details. ” Fair Use Considerations. Overall then, the first factor weighs in favor of fair use.

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SpicyIP

AUGUST 25, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? In this post, I offer my independent analysis of the law in relation to comparative advertising and nominative fair use and apply it against the specific YouTube commercial mentioned above. student at Amity University (School of Law), Kolkata. Pragya Jain.

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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. ).

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Copyright Lately

AUGUST 14, 2023

Fischer denied both parties’ motions for summary judgment, finding triable issues of substantial similarity and fair use. Among other things, the court held that there was a factual dispute as to whether or not defendants’ purpose in using Sedlik’s image of Miles Davis was “commercial.”

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Technology & Marketing Law Blog

FEBRUARY 25, 2024

The court finds fair use. Purpose and Character of Use. Market Effect. The court summarizes: “Three of the four statutory factors weigh in Mr. Both aspects can have significant implications for fair use. 22, 2024) The post Reaction Videos Are Fair Use–Thiccc Boy v.

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Intellectual Property Law Blog

JUNE 5, 2023

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] The amount and substantiality of the portion used in relation to the copyrighted work. The nature of the copyrighted work.

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Traverse Legal Blog

NOVEMBER 25, 2024

Misinterpreting Licenses: Incorrectly assuming permission to use copyrighted material. Fair Use Misconception: Believing that a particular use falls under fair use guidelines. Utilize Fair Use: Use copyrighted material within fair use guidelines, such as for educational purposes.

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SpicyIP

MAY 2, 2022

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. The same, in its submission did not intend to impinge on the market of the Plaintiff. Akshat Agrawal.

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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. ” Market Effect. The court says it presumes harm with a commercial non-transformative use. 21-2021 (4th Cir.

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IP and Legal Filings

JANUARY 2, 2025

Both individuals and organisations may now share, communicate, and market their goods or themselves. Copyright law is in charge of controlling how literary, artistic, and theatrical works, among others, are used. Social media sites include a number of tools for this purpose, such as re-posting, sharing, and re-tweeting [1]. 1 (2022).

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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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Plagiarism Today

NOVEMBER 18, 2021

1: ‘GTA’ Reverse-Engineer Modders Defend Projects as Under “Fair Use”. First off today, Will Nelson at NME reports that video game modders are fighting back against a lawsuit filed by Rockstar Games claiming that their fan-created mods are a fair use, not a copyright infringement.

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IP and Legal Filings

FEBRUARY 17, 2022

Consumers are invited to use and transmit “bites” of copyrighted content via social networking sites, mobile television via cell phones and other handheld devices, online mobile game units with WiFi and other interactive capability, interactive television, and a variety of other interactive technologies. THE DOCTRINE OF FAIR USE.

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Kluwer Copyright Blog

APRIL 8, 2024

In the EU, TDM activities have relied on explicit exempting provisions enshrined in the Directive on Copyright in the Digital Single Market ( CDSMD ). Image by Gerd Altmann from Pixabay The sweeping evolution of generative AI models is rapidly reshaping the legal landscape of copyright.

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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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The IPKat

JULY 7, 2024

case concerning the creation and dissemination of a meme on social media saw the Court of Appeals clarify that “the fact that everyone else is doing it is not a particularly compelling justification” for the fair use doctrine under 17 U.S.C. § emphasizing that the four statutory fair use factors should not be considered separately.

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Copyright Lately

DECEMBER 29, 2024

Fair Use Declawed. This overly restrictive interpretation of the Supreme Courts 2023 Warhol decision sent shockwaves through the filmmaking community, which often relies on fair use to incorporate brief historical footage into their works for entirely new and different purposes. For that reason, Prepared Food Photos v.

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Technology & Marketing Law Blog

FEBRUARY 11, 2025

4) I disagree with the court’s application of the fair use transformative standard. Though Ross has the burden to establish the fair use defense, the copyright owner should bear the burden to show that it had a non-hypothetical licensing market for training AI systems that Ross’ activities allegedly undercut.

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Plagiarism Today

OCTOBER 19, 2022

First off today, Ernesto Van der Sar at Torrentfreak writes that the RIAA has submitted its recommendations to the United States Trade Representative (USTR) regarding international notorious markets for piracy. The Notorious Markets report is an annual report by the USTR that identifies international markets that enable piracy.

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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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Dear Rich IP Blog

APRIL 9, 2024

From everything I've researched, all the images in the book should come under fair use. Polar interrogatives work well in psychology tests , congressional hearings , and wedding vows , but they're not suitable for analyzing fair use. That said, we think you are likely to prevail in a fair use dispute.

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TorrentFreak

MARCH 25, 2023

Fair Use or Mass Copyright Infringement? IA previously sought summary judgment in its favor, arguing that a digital copy of a physical book ‘transforms’ the original work, with lending limits and the absence of profit also supporting a finding of fair use. Courts typically weigh four factors when determining fair use.

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TorrentFreak

MARCH 26, 2025

In response to the claims, Anthropic didn’t deny that it might have used lyrics to train its model but argued that’s permitted under fair use. Anthropic argued that it would be complicated to prevent the use of current and future lyrics as training data, as these are available across the Internet.

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JD Supra Law

APRIL 11, 2024

Addressing copyright fair use in the wake of the Supreme Court’s recent guidance in Warhol, the US Court of Appeals for the Tenth Circuit partially reversed the district court’s grant of summary judgment in favor of the defendants. By: McDermott Will & Emery

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IP Law 360

SEPTEMBER 6, 2024

The Second Circuit's decision shutting down a fair use argument by Internet Archive over its system of scanning physical books and converting them into e-books to lend for free is a resounding victory for book publishers that argued their market was in danger of being supplanted.

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Technology & Marketing Law Blog

DECEMBER 31, 2021

The court says that instead of doing a First Amendment analysis, it’s possible that a fair use analysis is sufficient for 512(h) subpoenas (citing Eldred for the principle that fair use is the First Amendment safety valve to copyright infringement). Q2 2015 Quick Links, Part 1 (IP, Marketing and More).

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SpicyIP

JANUARY 7, 2025

Image from here There is a certain hypocrisy in arguing that training models on the publics data is fair use but then seeking to prevent others from doing the same thing. Rather, it is being used to break the lyrics into small tokens to derive statistical weightage. For both good and not-so-good reasons. Meta , Mike Huckabee v.

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