Velocity of Content

JUNE 8, 2022

Barrie conceives of the character and refers to him in newly-written poems. The dust jacket text refers to the centenary of the novel’s initial publication and the fact that the rightsholder – Great Ormond’s — opted to mark this occasion by authorizing this work, promoting it as “the first ever authorized sequel to J.M.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

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!

Fair Use 40

Fair Use Art Licensing Derivative Work 40

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.

Fair Use 52

Fair Use Public Domain Copyright Reporting 52

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. Figure 1: Get your paws on this new book y'all!

Trademark 59

Trademark Public Domain Copyright Cease and Desist 59

The IPKat

OCTOBER 12, 2022

Today, few if any refer to the "lacuna" in the backyard, overrun by algae. As 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. But when it comes to a lacuna in legal protection, trained ears perk up.

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Law Trademark Public Domain Licensing 127

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

IIPRD

MARCH 5, 2025

The gaming sector faced such an outbreak in recent years as AI tools, which were trained on fan-created content, sparked the consent and fair use debate. Forming Exclusive Rights A sui generis intellectual property system based on AI-generated works might provide some degree of protection and also be a bridge to the public domain.

Copyright 52

Copyright Intellectual Property Copyright Law Artwork 52

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Unauthorized use of a work protected by copyright is referred to as copyright infringement. Thus, it is the unauthorised use of someone else’s copyrighted work that violates the owner’s rights, such as the right to reproduce, distribute, exhibit, or perform the protected work. Recognize the subtleties of fair use.

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Copyright Infringement Copyright Public Domain Copying 52

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?

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

43(B)log

DECEMBER 20, 2022

But also, the documentaries weren’t substantially similar, and, “even if the 2013 Documentary is substantially similar to the 2001 Documentary under the fragmented literal similarity test due its use of clips from the 2001 Documentary, Plaintiffs’ claim with respect to this documentary is barred by the fair use doctrine.”

Fair Use 52

Fair Use Trademark Copyright Editing 52

JIPEL Copyright Blog

APRIL 13, 2022

This revision is likely made in reference to the Act’s proposed Section 2(b)(3), which creates an option for online service providers to enter into private agreements with copyright holders in an “alternative noticing process” to supplement the existing notice system.

Copyright 40

Copyright Public Domain Fair Use Ownership 40

43(B)log

FEBRUARY 19, 2022

Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es Thus, it may not even be descriptive fair use to use the name of the religion from which the dissenters have parted. What to do next?

Trademark Law 72

Trademark Law Trademark Art Brands 72

43(B)log

JUNE 24, 2022

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? Yet the company is aggressive against anyone using that term.

Trademark Law 75

Trademark Law Law Trademark Registration 75

43(B)log

FEBRUARY 24, 2023

Display on front of T-shirt: ornamental, decorative; have legislature consider purposes of TM and PTO as well to be gatekeeper to protect public domain. Every time a court uses Rogers, it’s covertly holding that it would be unconstitutional to apply a broader set of rights; we’re tailoring the test with this in mind.

Trademark 69

Trademark False Advertising Fair Use Brands 69

Kluwer Copyright Blog

MARCH 28, 2023

Niklas Jansson, Public domain, via Wikimedia Commons On 30 December 2022, the Italian Supreme Court ( Corte di Cassazione ) issued an order that intervened again on the interpretation of the quotation exception under Article 70 of the Italian Copyright Act ( l. 633/1941 , l.aut.). Several arguments move in this direction.

Copyright 53

Copyright Intellectual Property Copyright Law Art 53

43(B)log

JUNE 24, 2022

In the fair use calculus? In what ways is the ornamental nature of a defendant’s use relevant to defences based on artistic or expressive use (or some other defence)? Defenses: we don’t have fair use as a catchall; specific list of enumerated defenses. But there is a defense for nondistinctive use.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

The IPKat

JANUARY 9, 2025

the expression of an idea) and the unprotected elements that need to remain in the public domain (i.e., The recent trend, adopted by the art community, of bringing copyright infringement claims against AI companies due to imitating or mimicking the artistic styles of the training data, and raising fair use (e.g.,

Copyright Law 64

Copyright Law Copyright Public Domain Law 64

Technology & Marketing Law Blog

JUNE 21, 2023

One question after Jack Daniel’s is whether the Court’s holding that only non-trademark uses of marks can qualify for the Rogers test applies to other speech-protective trademark doctrines created by judges to balance trademark and free speech rights in trademark infringement disputes. Redbubble, Inc. , Youngs Drug Products.

Trademark 105

Trademark Blogging Trademark Law Fair Use 105

LexBlog IP

JANUARY 10, 2024

Government by its officers and employees should not be subject to copyright” and fall “in the public domain.” ” US Const., . “The basic premise of [S]ection 105.[is] is] that works produced for the U.S. ” H.R. 94-1476 at 58 (1976); see also Georgia v. Public.Resource.Org, 140 S. ” Id.

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Ownership Copyright Government Intellectual Property 52