Fair Use and Publishing - Intellectual Property Pulse

Internet Archive: Digital Lending is Fair Use, Not Copyright Infringement

TorrentFreak

DECEMBER 18, 2023

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Mass Copyright Infringement or Fair Use? The library argues that the court erred by rejecting its fair use defense.

Fair Use

Fair Use Copyright Infringement Copyright Copying

South Africa Rejects Copyright Lobby Critique, Defends Broad ‘Fair Use’ Exceptions

TorrentFreak

JULY 27, 2024

The African Growth and Opportunity Act A few weeks ago, the IIPA published its views on the latest eligibility review of the African Growth and Opportunity Act ( AGOA ). There are also grave concerns that proposed “fair use” exceptions, which are partly modeled after U.S. to use it as a basis for sanctions.

Fair Use

Fair Use Copyright Government Copyright Law

Indian publishers call for overhaul of copyright fair use

Managing IP

NOVEMBER 26, 2021

Academics and publishers demand lawmakers take a balanced approach when amending the fair use provision of India’s Copyright Act

Fair Use

Fair Use Publishing Copyright

Copyright Fair Use for Education

IP and Legal Filings

MAY 3, 2024

Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. Understanding legal and fair use is especially important in academic settings because dissemination of information often requires the use of evidence.

Fair Use

Fair Use Copyright Privacy Copying

EFF Assists Critic’s Fair Use Defense Over Kids’ Religious Program ‘Leak’

TorrentFreak

SEPTEMBER 2, 2024

Parrish Publishes LifeWise’s Children’s Curriculum, LifeWise Sues In the belief that the curriculum contains information supportive of the opposition group’s cause, Parrish obtained a copy of the closely-guarded documents and, in the public interest, posted them publicly online.

Fair Use

Fair Use Copyright Law Publishing Copyright

Toei YouTube Blitz Shows That ‘Law of Content ID’ Can Trample Fair Use

TorrentFreak

DECEMBER 9, 2021

By the time he published his latest video, the number of videos taken down by Toei had exceeded 150, a library that represents almost three years’ work. Cries of ‘Fair Use’ In thousands of social media posts, comments and numerous articles posted since Mark’s announcement, a common theme persists.

Fair Use

Fair Use Law Copyright Copyright Law

When is it Fair Use to Use a Photo to “Illustrate” an Article?

Technology & Marketing Law Blog

AUGUST 31, 2021

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. These three cases address fair use in this context. Pub Ocean then published an article titled “A Massive Lake has Just Materialized in the Middle of One of the Hottest Places on Earth”.

Fair Use

Fair Use Journalism Licensing Marketing

Watch Tower vs. McFree: Nonprofit Defends Critic’s Fair Use & Anonymity Rights

TorrentFreak

MARCH 19, 2022

Since 2017, the Watch Tower Bible and Tract Society, the supervising body and publisher for the Jehovah’s Witness religious group, has filed more than 70 DMCA subpoena applications in the United States. The nonprofit group has now stepped in to defend not only fair use but McFree’s right to remain anonymous.

Fair Use

Fair Use Copyright Infringement Litigation Copyright

Publishers Secure Widespread Support in Landmark Copyright Battle With Internet Archive

TorrentFreak

MARCH 25, 2024

Publishers vs. Internet Archive The self-scanning service offered by the Internet Archive (IA) differs from the licensing agreements entered into by other libraries. Not all publishers are happy with IA’s approach, resulting in a major legal battle two years ago.

Publishing

Publishing Copyright Fair Use Intellectual Property Law

Internet Archive’s Copyright Battle with Book Publishers Nears Climax

TorrentFreak

MARCH 21, 2023

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Mass Copyright Infringement or Fair Use? The publishers are not against libraries per se, nor do they object to ebook lending.

Publishing

Publishing Copyright Fair Use Copyright Infringement

The Art Critic’s Role in Fair Use

Patently-O

APRIL 3, 2022

As part of that process, VF obtained a license from Goldsmith, but only for the limited use “as an artist’s reference in connection with an article to be published in Vanity Fair Magazine.” The published article acknowledges Goldsmith. As part of that process, Warhol created a set of 16 Prince prints. 17 U.S.C. §

Fair Use

Fair Use Art Licensing Publishing

Eighth Circuit to Realty Companies: Try Fair Use Next Time to Legally Publish Floorplans

IP Watchdog

AUGUST 17, 2021

Court of Appeals for the Eighth Circuit yesterday reversed a Missouri district court’s grant of summary judgment for a group of real estate companies relating to copyright infringement claims brought by an architect over floorplans.

Fair Use

Fair Use Publishing Copyright Infringement Copyright

Police Photo: Public Domain or Fair Use?

Dear Rich IP Blog

JANUARY 9, 2023

Dear Rich: I want to use a police plane crash accident photo in my book. It was released to the press and has been published in many news outlets attributed to the department. May I use it? Is it public domain or fair use? When ruling on fair use, courts consider four factors. Public domain?

Public Domain

Public Domain Fair Use Privacy Publishing

Publishers & Internet Archive Both Seek Piracy Lawsuit Win Without Full Trial

TorrentFreak

JUNE 14, 2022

In the summer of 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House filed a copyright infringement lawsuit against Internet Archive (IA). “The only issue is whether Internet Archive’s massive infringement scheme is fair use under 17 U.S.C. § In a June 10 letter to Judge John G.

Publishing

Publishing Fair Use Copying Editing

Publishers: Internet Archive’s Sales Data Demand is “Burdensome and Irrelevant”

TorrentFreak

AUGUST 19, 2021

Last June, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive for copyright infringement , describing its ‘Open Library’ as operating like a pirate site. Publishers Respond to Internet Archive’s Request.

Publishing

Publishing Fair Use Marketing Marketing

Judge: Jehovah’s Witness Parodies Are Fair Use. Watch Tower: So What?

TorrentFreak

FEBRUARY 20, 2022

Depending on opinion, the Watch Tower Bible and Tract Society, the supervising body and publisher for the Jehovah’s Witness religious group, either doesn’t like criticism, dislikes copyright infringement, or hates both. ” Fair Use Considerations. Overall then, the first factor weighs in favor of fair use.

Fair Use

Fair Use Copyright Infringement Copyright Publishing

Publishers Cite Napster and AI Training Threats in Legal Battle with the Internet Archive

TorrentFreak

MARCH 18, 2024

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Publishers vs. Internet Archive The self-scanning approach differs from the licensing deals other libraries enter into.

Publishing

Publishing Fair Use Copying Music

Internet Archive Wants Publishers’ Sales Data to Show Digital Library Doesn’t Hurt Sales

TorrentFreak

AUGUST 14, 2021

The service was not appreciated by book publishers. Publishers Sue IA For Copyright Infringement. HarperCollins Publishers LLC, John Wiley & Sons, Inc., and Penguin Random House LLC – all members of the Association of American Publishers – accused the Internet Archive of running a pirate site.

Publishing

Publishing Fair Use Copyright Infringement Copyright

Fair Use Protects High School’s Use of Inspirational Meme–Bell v. Eagle Mountain School District

Technology & Marketing Law Blog

MARCH 3, 2022

Bell published a short book in 1982. 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.

Fair Use

Fair Use Litigation Marketing Marketing

Fair Use for Documentaries in US Copyright Law: Brown v Netflix

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. ).

Fair Use

Fair Use Copyright Law Copyright Law

Andy Warhol Foundation v. Goldsmith: The Supreme Court Revisits Transformative Fair Uses

Kluwer Copyright Blog

MAY 9, 2022

Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message. have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement.

Fair Use

Fair Use Derivative Work Art Licensing

Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. IJR

Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2016, the defendant IJR published an article/listicle titled “15 Signs Your Daddy Was a Conservative.” 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.

Fair Use

Fair Use Licensing Copyright Marketing

Let’s Go Hazy: Making Sense of Fair Use After Warhol

Copyright Lately

MAY 22, 2023

Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. Andy Warhol Foundation v.

Fair Use

Fair Use Licensing Copying Artwork

Book Publishers Win at Second Circuit: Internet Archive’s Free Library is Not Fair Use

IP Watchdog

SEPTEMBER 4, 2024

Court of Appeals for the Second Circuit today affirmed a district court judgment that granted a group of book publishers’ motion for summary judgment that the Internet Archive (IA) infringed their copyright in 127 books via IA’s “Free Digital Library.”

Fair Use

Fair Use Publishing Copyright Technology

5 Takeaways from the Internet Archive Ruling

Plagiarism Today

SEPTEMBER 5, 2024

Yesterday, the Internet Archive lost its appeal in its case against book publishers. Here's what you need to know. The post 5 Takeaways from the Internet Archive Ruling appeared first on Plagiarism Today.

Plagiarism

Plagiarism Publishing Fair Use Copyright

Publishers Take a Hatchet to Free Digital Libraries

JD Supra Law

MAY 8, 2023

On March 24, 2023, the Southern District of New York held that the Internet Archive (“IA”)’s digitization and lending online of the Hatchette Book Group (“Publishers”)’s copyrighted physical books infringed Publishers’ copyrights and was not a fair use. By: Irwin IP LLP

Publishing

Publishing Fair Use IP Copyright

Internet Archive Says Publishers Get Lending Program Wrong

IP Law 360

SEPTEMBER 6, 2022

The Internet Archive is doubling down on its defense that its program for a lending library of digitized books is protected by copyright law's fair use doctrine, telling a New York federal judge that the major publishers seeking to shut it down are painting an inaccurate picture of what it does.

Publishing

Publishing Fair Use Copyright Law Copyright

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

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.

Fair Use

Fair Use Derivative Work Blogging Licensing

5th Cir affirms fair use on a motion to dismiss, fee award to D

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.

Fair Use

Fair Use Social Media Licensing Marketing

As Publishers Beat Internet Archive, Are Libraries The Real Losers?

Copyright Lately

SEPTEMBER 8, 2024

A court win against the Internet Archive has publishers celebrating, but what does it mean for the future of public libraries and digital access? It’s a clear win for publishers, but for public libraries—and the millions who rely on them for access to digital books—the ruling may signal more troubling times ahead. Hachette v.

Publishing

Publishing Copying Fair Use Licensing

3 Count: Matrix Arbitration

Plagiarism Today

MAY 31, 2022

2: Amendment Passes to Grant Teachers Fair Use of Copyrighted Work Remotely. Next up today, Focus Taiwan reports that the Taiwan legislature has passed a new copyright law that would grant educators a fair use protection when using copyright-protected works via online classes.

Fair Use

Fair Use Reporting Plagiarism Copyright

3 Count: Finally Over

Plagiarism Today

MARCH 18, 2024

Andy Warhol foundation settles with Lynn Goldsmith, publishers answer appeal in Internet Archive case and Richard Liebowitz disbarred. The post 3 Count: Finally Over appeared first on Plagiarism Today.

Plagiarism

Plagiarism Publishing Fair Use Copyright

Understanding the Pearson v. Chegg Copyright Infringement Lawsuit

Plagiarism Today

SEPTEMBER 15, 2021

Yesterday, news broke that Pearson Education, the largest publisher of textbooks in the world, has filed a lawsuit against the website Chegg alleging widespread copyright infringement of its content on the site. Fair Use: Since the questions at issue only make up a small portion of the textbooks at issue, Chegg may argue fair use.

Copyright Infringement

Copyright Infringement Copyright Derivative Work Fair Use

Fair Use: Yes or No?

Dear Rich IP Blog

APRIL 9, 2024

Trick photograph of man with two heads (1901) Dear Rich: I have a new, unique book soon to be published about judging the quality of art. From everything I've researched, all the images in the book should come under fair use. Congress intended that fair use be determined on a case-by-case basis, making judges the final arbiters.

Fair Use

Fair Use Art Artwork Licensing

Internet Archive is Liable for Copyright Infringement, Court Rules

TorrentFreak

MARCH 25, 2023

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. While ‘digital’ book lending is not uncommon, libraries typically loan out DRM-protected files after acquiring a license from publishers.

Copyright Infringement

Copyright Infringement Copyright Fair Use Copying

Internet Archive’s Copyright Battle with Publishers Leads to Lending Restrictions

TorrentFreak

AUGUST 13, 2023

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Mass Copyright Infringement or Fair Use? The book publishers and IA agree on nearly all aspects of the proposed judgment except one.

Publishing

Publishing Copyright Copyright Infringement Copying

Copyright in the Age of Bots

Plagiarism Today

SEPTEMBER 23, 2021

Un)Fair Use and Other Questions. This hurts uses that, according to most people, would likely be considered a fair use and non-infringing. This means that it can be very difficult and even unreliable to use third party content on sites monitored by bots. Even if that use is a probable fair use.

Copyright

Copyright Fair Use Copyright Law Law

Authors & Copyright Scholars Back ‘Internet Archive’ in Landmark Legal Battle

TorrentFreak

DECEMBER 22, 2023

Publishers vs. Internet Archive The self-scanning service is different from the licensing deals other libraries enter into. Not all publishers are happy with IA’s approach which triggered a massive legal battle two years ago. The publishers didn’t listen to these concerns.

Copyright

Copyright Fair Use Publishing Marketing

Can I Publish Interior Photo of Museum Without Permission?

Dear Rich IP Blog

AUGUST 3, 2022

But if you can't get permission, you may have a reasonable fair use argument. Reproducing the image without the copyright owner's permission is an infringement unless you can claim fair use. If you go with the photo.

Publishing

Publishing Fair Use Artwork Copyright

Does AI Replace Human Creators?

Plagiarism Today

NOVEMBER 13, 2024

A new study published in the Harvard Business Review examines the impact of AI systems on human creators. The answers are not encouraging. The post Does AI Replace Human Creators? appeared first on Plagiarism Today.

Plagiarism

Plagiarism Publishing Business Fair Use

There’s More to Copyright Than Financial Incentives, Internet Archive Argues in Court

TorrentFreak

APRIL 23, 2024

The organization doesn’t license authorized digital copies from publishers; instead, its books are scanned and digitized in-house. Lawsuit and Appeal Internet Archive believes that its approach falls under fair use but publishers Hachette, HarperCollins, John Wiley, and Penguin Random House disagree.

Copyright

Copyright Fair Use Copying Publishing

3 Count: Nirvana’s Inferno

Plagiarism Today

OCTOBER 25, 2021

De La Santos mentions these allegations in his response to the lawsuit, which also makes arguments of fair use and that he is an “innocent infringer,” an argument that could potentially lessen any damages against him. 3: Music Publishers Propose Higher Streaming Payments.

Music

Music Publishing Fair Use Journalism

3 Count: Second Bite

Plagiarism Today

FEBRUARY 21, 2022

1: Judge: Jehovah’s Witness Parodies Are Fair Use. The Watch Tower Bible and Tract Society is an organization that is operated by the Jehovah’s Witness religious group and serves as their publisher and as a supervising body. They are also publishers of the Watch Tower publication. Watch Tower: So What?

Copyright Infringement

Copyright Infringement Fair Use Copyright Plagiarism

3 Count: Quad 9

Plagiarism Today

SEPTEMBER 9, 2021

According to H3’s response, their use of the video in the podcast was a fair use and if the version they had was pirated, that is not itself a copyright infringement. As such, the defendants call the case “fatally defective” and ask the court to dismiss it.

Copyright Infringement

Copyright Infringement Music Copying Copyright

Internet Archive: Digital Lending is Fair Use, Not Copyright Infringement

South Africa Rejects Copyright Lobby Critique, Defends Broad ‘Fair Use’ Exceptions

Trending Sources

Indian publishers call for overhaul of copyright fair use

Copyright Fair Use for Education

EFF Assists Critic’s Fair Use Defense Over Kids’ Religious Program ‘Leak’

Toei YouTube Blitz Shows That ‘Law of Content ID’ Can Trample Fair Use

When is it Fair Use to Use a Photo to “Illustrate” an Article?

Watch Tower vs. McFree: Nonprofit Defends Critic’s Fair Use & Anonymity Rights

Publishers Secure Widespread Support in Landmark Copyright Battle With Internet Archive

Internet Archive’s Copyright Battle with Book Publishers Nears Climax

The Art Critic’s Role in Fair Use

Eighth Circuit to Realty Companies: Try Fair Use Next Time to Legally Publish Floorplans

Police Photo: Public Domain or Fair Use?

Publishers & Internet Archive Both Seek Piracy Lawsuit Win Without Full Trial

Publishers: Internet Archive’s Sales Data Demand is “Burdensome and Irrelevant”

Judge: Jehovah’s Witness Parodies Are Fair Use. Watch Tower: So What?

Publishers Cite Napster and AI Training Threats in Legal Battle with the Internet Archive

Internet Archive Wants Publishers’ Sales Data to Show Digital Library Doesn’t Hurt Sales

Fair Use Protects High School’s Use of Inspirational Meme–Bell v. Eagle Mountain School District

Fair Use for Documentaries in US Copyright Law: Brown v Netflix

Andy Warhol Foundation v. Goldsmith: The Supreme Court Revisits Transformative Fair Uses

Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. IJR

Let’s Go Hazy: Making Sense of Fair Use After Warhol

Book Publishers Win at Second Circuit: Internet Archive’s Free Library is Not Fair Use

5 Takeaways from the Internet Archive Ruling

Publishers Take a Hatchet to Free Digital Libraries

Internet Archive Says Publishers Get Lending Program Wrong

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

5th Cir affirms fair use on a motion to dismiss, fee award to D

As Publishers Beat Internet Archive, Are Libraries The Real Losers?

3 Count: Matrix Arbitration

3 Count: Finally Over

Understanding the Pearson v. Chegg Copyright Infringement Lawsuit

Fair Use: Yes or No?

Internet Archive is Liable for Copyright Infringement, Court Rules

Internet Archive’s Copyright Battle with Publishers Leads to Lending Restrictions

Copyright in the Age of Bots

Authors & Copyright Scholars Back ‘Internet Archive’ in Landmark Legal Battle

Can I Publish Interior Photo of Museum Without Permission?

Does AI Replace Human Creators?

There’s More to Copyright Than Financial Incentives, Internet Archive Argues in Court

3 Count: Nirvana’s Inferno

3 Count: Second Bite

3 Count: Quad 9

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