Dear Rich IP Blog

SEPTEMBER 17, 2024

Is it still considered copyright infringement to use them? How do you tell if materials are public domain or fit under fair use? Attribution is a thoughtful gesture, but providing the authors name or source will not excuse someone from a charge of infringement (or qualify the use as a fair use).

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LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] It found that all four fair use factors weighed against fair use. [12] Goldsmith counterclaimed for copyright infringement.

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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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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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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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Velocity of Content

FEBRUARY 26, 2025

A large portion of the decision concerns the question of whether the defendant copied material that is copyrightable, given that Wests copied headnotes and Key Number System are factual and based on the unarguably public domain caselaw. More than copyrightability, to me the most important question is was the copying fair use?

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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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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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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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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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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]

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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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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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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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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.,

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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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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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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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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

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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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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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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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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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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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 109

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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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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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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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.,

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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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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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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 97

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 Art Fair Use 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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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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