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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Fair Use Derivative Work Blogging Licensing 98

Art Law Journal

JANUARY 15, 2019

On Jan 1, 2019, we not only ushered in a new year but also an unprecedented amount of creative works entering the public domain. Steve Schlackman.

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Public Domain Art Fair Use Copyright 52

TorrentFreak

AUGUST 17, 2024

In its initial response, filed a few weeks ago , NVIDIA did not deny that it used the Books3 dataset. Like many other AI companies, it believes that the use of copyrighted data for AI training is a prime example of fair use; especially when the output of the model doesn’t reproduce copyrighted works.

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Copyright Fair Use Copyright Infringement Copying 131

Art Law Journal

OCTOBER 24, 2018

Fair use is a common art law issue that arises for artists. Here, we review the College Art Association's Code of Best Practices in Fair Use for the Visual Arts. Nicole Martinez.

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Fair Use Art Art Law Law 52

Plagiarism Today

MAY 16, 2022

According to the judge, Vape is a fair use as its goal is to be a parody of the source material and not meant to replace it in the marketplace. This also prompted the creators of Vape to file a proactive lawsuit, seeking a declaration of non-infringement. 3: ComicMix To Publish Lost Dr Seuss Stories, Out Of Copyright.

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Cease and Desist Music Public Domain Publishing 170

JIPL Online

MARCH 15, 2021

2] While most Sherlock Holmes stories are now in the public domain, the estate alleged that some works and character elements regarding Sherlock Holmes are still protected by copyright. [3] 5] Netflix and the estate quickly settled. [6]. 5] Netflix and the estate quickly settled. [6]. 9] Both parties reached an amicable settlement. [10]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

IP Close Up

DECEMBER 20, 2022

He is also on a mission to keep the content he and others create out of the public domain. Mark Helprin is a successful novelist. Continue reading.

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Public Domain Trademark Copyright Fair Use 104

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. Document the agreement in writing, specifying use, payment, and duration. a classroom discussion).

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Business Public Domain Copyright Fair Use 52

IP Close Up

AUGUST 20, 2024

and other power brands will be entering the public domain at an alarming rate between Continue reading Iconic characters from Disney, Marvel and DC Comics (Warner Bros.)

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Public Domain Branding Branding Brands 89

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 authorship rules apply regardless of the nature of the claimant.

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Fair Use Public Domain Copyright Ownership 111

TorrentFreak

DECEMBER 21, 2022

Opponents of filtering technology warn that fair use and First Amendment rights are at stake. Most parties agree that it’s impossible to design an error-free takedown process but disagree on what error rate is acceptable when takedowns are automated. Tweaking the DMCA.

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Copyright Fair Use Public Domain Government 145

Velocity of Content

OCTOBER 19, 2021

wrote into the statute) the well-known four fair use factors which provide guidance for assessing whether, in cases of alleged infringement, an unauthorized use ought to be considered a fair use. One section of the new law, Section 107, codified (i.e.,

Copyright 105

Copyright Law Fair Use Public Domain 105

TorrentFreak

FEBRUARY 16, 2022

The Electronic Frontier Foundation (EFF), for example, stresses that automated filtering tools often miss important context that can differentiate between clear copyright infringement and fair use. This concern is also broadly supported by comments from the general public, which make up the majority of the consultation responses.

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Copyright Fair Use Copyright Infringement Public Domain 118

Intepat

DECEMBER 18, 2024

Fair Use and Public Domain in Podcasting Fair use is a nuanced legal principle that allows limited use of copyrighted material for purposes such as commentary, criticism, or education, with courts evaluating factors like purpose, nature, amount, and market impact. For instance, in Campbell v.

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Licensing Copyright Public Domain Music 52

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

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IPilogue

SEPTEMBER 9, 2022

By adopting the unique narrative structure of its books and using the specific phrase “Choose Your Own Adventure Book,” Chooseco accused Netflix of willfully infringing its trademark and ultimately tarnishing the series’ child-friendly reputation. Photo retrieved from Tubefilter.

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Trademark Public Domain Television Fair Use 105

Kashishipr

MAY 25, 2021

Blogging and Fair Use. The doctrine of fair use bears substantial importance for blogs since the question of plagiarism may sprout up at regular intervals. It is noteworthy to analyze a few examples that might or might not fall into fair use of copyrighted content: A parody can be made of a particular piece of work.

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Intellectual Property Blogging Fair Use Registration 98

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

TorrentFreak

AUGUST 16, 2024

The realm of content protection may yet have an AI savior waiting in the wings, but until a model can accurately determine fair use and conduct complex, error-free investigations, humans retain the upper hand. With piracy close to ubiquitous, work opportunities exist, to put it mildly.

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Settlement Social Media Public Domain Fair Use 121

Dear Rich IP Blog

JUNE 16, 2020

If we are not making money off the videos (they are not monetized on YouTube and won't be), and we are a non-profit, is it a fair use of images to include pictures as long as I reference the source? Before we provide our standard fair use explanation, let's make a short risk analysis. Thou shalt not steal.

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The IPKat

JULY 22, 2021

The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours.

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Trademark Public Domain Copyright Cease and Desist 57

Copyright Lately

SEPTEMBER 8, 2024

Internet Archive (read the opinion here) , the court dealt a decisive blow to the Internet Archive, ruling that its practice of scanning and lending digital copies of books doesn’t qualify as fair use under the Copyright Act. Internet Archive’s “Table Top Scribe” book scanner. It also includes 3.6 For research.

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Publishing Copying Fair Use Licensing 91

IP Intelligence

APRIL 18, 2023

Presumably afraid that a decision one way or the other would move financial markets and have unforeseen consequences, the Court assumed the declaring code was protected by copyright and decided the case on fair use. A fair use of declaring code might not be a fair use of implementing code.

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Copyright Fair Use Copying Public Domain 98

SpicyIP

NOVEMBER 7, 2022

Looking at the gaps and problems that this creates, the essay then answers its opening question in the negative, and instead suggests that such works are left to the public domain. To back this, the essay highlights various shortcomings and inconsistencies in the US and Indian context in the free-speech / copyright interplay.

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IP Law Public Domain Music 105

Copyright Lately

APRIL 3, 2023

The future of “controlled digital lending” is in doubt after a court rules that the Internet Archive’s online library is not protected by fair use. IA’s Open Library project includes millions of public domain books that users can download and read without restriction. It also includes 3.6

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Fair Use Copying Publishing Copyright 71

Technology & Marketing Law Blog

DECEMBER 15, 2021

The court also credits the self-serving claim by the successor licensee that it considered fair use by comparing the works and evaluating if the works were being sold commercially or for other purposes. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici. * Biosafe-One v.

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Registration Fair Use Copyright Designs 132

Velocity of Content

JUNE 8, 2022

Their reuse of the underlying materials may (in theory) be excused under the doctrine of fair use, including parody , or what is increasingly referred to as ‘ transformative use’ – a concept itself derived from the four fair use factors called out in Title 17 (Section 107).

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Derivative Work Public Domain Copyright Fair Use 105

Copyright Lately

AUGUST 2, 2022

While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. The Musical Parody ,” “The Unofficial Bridgerton Musical” isn’t the type of parody musical that courts have often found to be fair use under the Copyright Act.

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Music Derivative Work Fair Use Cease and Desist 102

Velocity of Content

DECEMBER 6, 2023

Significant amounts of content are also available through the public domain. Word embeddings are usually stored in vector databases but a detailed description of all the approaches to storage is beyond the scope of this response since there is a wide variety of vendors, processes, and practices that are in use. TVEyes, Inc.,

Copyright 98

Copyright Fair Use Licensing Copying 98

SpicyIP

AUGUST 28, 2022

Hamar Television , regarded Section 52 of the Copyright Act, 1957 as a ‘right’ i.e. “right to make fair use or to deal fairly”, stemming from the fundamental right to free speech. Recently, in India today vs Newslaundry , the Delhi Court, relying on Super Cassettes v. create works and make them available).

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IP Copyright Fair Use Public Domain 138

The IPKat

OCTOBER 12, 2022

noted in In re Cooper, … [u]nlike a copyright that has a limited term, a trademark can endure for as long as the trademark is used. Therefore, once copyright protection ends, and the work falls in the public domain, others must have the right to call the work by its name….

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Law Trademark Public Domain Licensing 126

Kluwer Copyright Blog

DECEMBER 17, 2023

For the last few months, I have been wondering if our belief in “fair dealing” (or broadly, “limitations and exceptions”) has silently slipped into our “faith” in it – a faith that demands complete surrender to it while blinding us to the harm it covertly causes to the public domain. What Fuels Faith in the First Place?

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Fair Use Public Domain Copyright Litigation 58

Copyright Lately

JANUARY 13, 2023

and 20th Century-Fox Records argued that, because King had distributed advance copies of the speech to the press without restricting them from reproducing or distributing it further (and without the copyright notice required under copyright law at the time), the speech was in the public domain. The defendants, Mister Maestro, Inc.

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Copyright Public Domain Copyright Notice Copying 95

Velocity of Content

AUGUST 13, 2024

Exceptions include materials in the public domain such as documents and materials the U.S. Consideration of how the TEACH Act and exceptions like fair use apply to the use and distribution of copyrighted materials in the classroom and in online education. Unfortunately, this can be a difficult task.

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Copyright Public Domain Fair Use Licensing 52

LexBlog IP

SEPTEMBER 16, 2021

The public domain is, broadly speaking, a good thing for both consumers and creators, although the creators of the original work passing into the public domain might feel differently were they still alive to put up a fuss.

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Copyright Public Domain Fair Use Art 52

Olartemoure Blog

MAY 26, 2023

The Italian magazine GQ Italia finds itself embroiled in a legal dispute stemming from the publication of an edited image of the renowned David sculpture. This incident has ignited a broader debate concerning the utilization of public domain artworks for commercial purposes.

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Art Copyright Public Domain Copyright Law 52

Copyright Lately

OCTOBER 25, 2021

The judge rejected BMG’s fair use defense, holding that the defendants took more elements from the “Nightmare on Elm” street films than they needed to accomplish any parodic purpose. New Line successfully moved for a preliminary injunction to block the video’s release. The Ghostly Trio.

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