Plagiarism Today

MAY 19, 2022

claimed that they held 50% ownership in the work, given to them by a producer named Greg Mathieson who worked on the album. The case dates back to 2013 when Basil filed a notice of copyright termination on the album and her song. However, a UK company named Stillwater Ltd.

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Plagiarism Today

OCTOBER 4, 2022

However, the important thing to know is that there was no doubt that Take-Two did copy the tattoos in question and there was no question of Alexander’s ownership of them. Fair Use – That the use of the tattoos was a fair use, meaning that the use was transformative enough to not be an infringement of the original work.

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Technology & Marketing Law Blog

AUGUST 16, 2023

This paradigm, however, breaks down when copyright ownership is contested. In that circumstance, the takedown notice becomes a proxy battle for a larger and likely fact-dependent war over ownership, which the service in the middle isn’t in a good position to resolve. Weiner * Fair Use – It’s the Law (for what it’s worth)–Lenz v.

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Biswajit Sarkar Copyright Blog

FEBRUARY 5, 2025

Berne Convention for the Protection of Literary and Artistic Works: This international treaty ensures protection of artistic works, meaning AI developers using global music catalogs must adhere to international copyright standards. However, the extent to which AI training qualifies as fair use remains contentious.

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Copyright Fair Use Music Intellectual Property 52

SpicyIP

APRIL 15, 2024

Discussing the implications of unauthorized use of materials for training Generative AI models, we are pleased to bring to you this guest post by Goutham Rajeev and Vedant Bharadwaj Singh. Training GenAI: Infringement or Fair Use? The authors are third year students at the Hidayatullah National Law University, Raipur.

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Technology & Marketing Law Blog

AUGUST 8, 2021

Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use. The Crony graphic also doesn’t qualify for fair use: Nature of Use. The court rejects Goodman’s motion to dismiss.

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Traverse Legal Blog

OCTOBER 20, 2022

Linking your copyrighted work to a NFT and recording ownership on the blockchain shows provenance or immutable ownership. Trademark infringement and copyright infringement are risks which you need to assess before you buy an NFT or use a linked digital asset. What is a Fair Use Defense to a Copyright Infringement Claim?

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IPilogue

JUNE 21, 2022

This case has the potential to define the scope of trademark rights against unauthorized uses in the world of NFTs. NFTs are unique digital assets that are digital representations of ownership of real-world items. The Nike Suit. Recent Developments. This distinction may be StockX’s attempt to distinguish themselves from Hermès Int’l v.

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IP and Legal Filings

MARCH 19, 2025

ANALYSIS OF THE DISPUTE According to the Indian Copyright Act of 1957, copyright ownership is contingent upon the nature of any agreements or the footage in place. Image Sources: Shutterstock] In India, the ‘Fair Dealing’ concept enshrined under Section 52 is similar to the idea of ‘fair use.’

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TorrentFreak

DECEMBER 22, 2023

According to the Authors Alliance, IA’s digital ebook library is a prime example of a service that should be permitted to operate as fair use, as it benefits both writers and readers. “Fair use was designed to address precisely this type of market failure. . Thus, CDL should be upheld under fair use.

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Technology & Marketing Law Blog

APRIL 8, 2025

This is a copyright ownership dispute that spilled over to Spotify, who received takedown notices. Barrett Financial * 512(f) Once Again Ensnared in an Employment Ownership DisputeShande v. Heldman * Another 512(f) Claim FailsNingbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)Hughes v.

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SpicyIP

DECEMBER 6, 2023

2(c), the fair use exemption thereof under Sec. 52(1)(t); and (ii) if yes, whether the proviso of the same or ‘fixation requirement’ excludes it from the scope of fair use. Lastly, I will discuss the argument of moral rights of the author in contending the ‘fair use exemption’ of their work.

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Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. Is it a proper copyright ownership or an assigned license?

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Technology & Marketing Law Blog

SEPTEMBER 15, 2024

Despite UMG’s lack of ownership in the beat, UMG’s “content protection specialist” found the song Oi! It’s not like UMG had some colorable reason to think it owned the beat; its takedown notice was the direct and foreseeable consequence of its own incomplete tracking of its asset ownership and licensing status.

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Intepat

DECEMBER 18, 2024

Key Copyright Licensing Areas in Podcasting Licensing under copyright law allows the copyright owner to grant the right to use their work without transferring ownership. The licensee can use the work only within the scope specified in the agreement. For instance, in Campbell v. Acuff-Rose Music, Inc.

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Nelligan Law

FEBRUARY 20, 2024

As tattoo artists draw inspiration from a plethora of sources, ranging from classical art to pop culture icons, questions of ownership, originality, and copyright infringement have commandeered the spotlight in the tattooing arena. At the crux of both cases lies the conundrum of copyright ownership and infringement.

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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 is in many ways a creature of copyright.

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Copyright Lately

SEPTEMBER 26, 2022

As the parties wait in their respective corners for the opening bell to ring, here’s what you need to know: Alexander Has Already Established Ownership and Copying. A plaintiff typically has the burden at trial to prove ownership of a valid copyright. Implied License and Fair Use Are the Key Remaining Defenses.

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IPilogue

OCTOBER 1, 2022

Fischer found triable issues on substantial similarity and fair use. Kat Von D argues that the use of the photograph in creating the tattoo is fair use because the tattoo is transformative for three reasons. On May 31, 2022, Judge Dale S. Background. The decision on Kat Von D’s tattoo could be delayed until the U.

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TorrentFreak

MAY 26, 2023

Instagram was one of the recipients but, instead of taking immediate action, the platform asked for proof of ownership. The company responded to this correspondence with relevant ownership documents but, apparently, Instagram still wasn’t convinced. Alternatively, they may be classified as fair use.

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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.

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Technology & Marketing Law Blog

JULY 5, 2022

Soon after, an entity called Bayside asserted copyright ownership of the photos and sent 512(c)(3) takedown notices to Twitter followed by a 512(h) subpoena to unmask CallMeMoneyBags. ” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ).

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Technology & Marketing Law Blog

MARCH 15, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein. * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

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Technology & Marketing Law Blog

MARCH 6, 2022

“Plaintiff’s takedown letters and supporting document establish facially plausible claims of infringement, and Babybus does not allege a plausible basis for a fair use defense.” Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

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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?

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Ownership Copyright Fair Use Intellectual Property 52

43(B)log

AUGUST 11, 2021

Twain thought he should have ownership of his lectures—“my lecture was my property.” Did Twain make fair use? There’s some transformation in organization; used entire work/market substitute so Cord wouldn’t be able to sell her narrative a publisher. Searching for any surviving descendants. Random House (NY Ct App 1968).

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Technology & Marketing Law Blog

APRIL 1, 2023

Construing these allegations as true and in Service’s favor, Service subjectively believed that he possessed an ownership interest and that he never approved the Comedy Dynamics deal. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership. Federici * Biosafe-One v.

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TorrentFreak

DECEMBER 10, 2021

“Now a shell of its former self and flailing under a new ownership consortium, Miramax has decided to bite the hand that fed it for so many years by bringing this offensively meritless lawsuit.” movie, of course, was Pulp Fiction,” they write. ” Addressing the Allegations. Affirmative Defenses and Relief.

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IP and Legal Filings

OCTOBER 12, 2023

Introduction India has a rich culinary legacy, in recent times, the growth of Indian cuisine has seen a tremendous commercial surge both domestically and internationally which has led to an increased need for the protection of recipes to ensure their authenticity and provide ownership rights to the actual creator of the recipe.

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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?

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Copyright Fair Use Licensing Ownership 124

IP and Legal Filings

MARCH 5, 2025

10] [Image Sources: Shutterstock] The right to publicity (personality rights) may also be construed as a property right, when commercial value is derived from an individual’s persona, and its ownership parallels that of tangible property. 11] WHY THE CONTEMPORARY SITUATION BEST BE DEALT WITH CODIFICATION OF PERSONALITY RIGHTS?

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Technology & Marketing Law Blog

AUGUST 18, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein. * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

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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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Technology & Marketing Law Blog

NOVEMBER 21, 2021

However, when a user’s facial expressions or body movements are used to animate the emoji, it leaves open the obvious question about who owns the copyright(s) to the resulting animation, including whether there could be overlapping blocking copyrights or joint ownership. Marc Jacobs.

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Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). In the aftermath of cases like Authors Guild v.

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Intellectual Property Law Blog

OCTOBER 3, 2023

Thaler included several new legal theories to suggest that his contribution to the Creativity Machine, such as his ownership and prompting of the software, would establish a human component of authorship. Another argument rejected was based on Allen’s suggestion that “fair use” relates to the determination of whether a work is copyrightable.

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LexBlog IP

APRIL 18, 2022

Supreme Court recently granted a petition for writ of certiorari (docket, here ) to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. When Prince died in 2016, Vanity Fair’s parent company sought permission from the Andy Warhol Foundation for the Visual Arts, Inc.

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