TorrentFreak

FEBRUARY 20, 2022

Some of McFree’s critical videos use copyrighted material owned by Watch Tower so in 2018, the group filed an application for a DMCA subpoena which asked a court to compel YouTube/Google to hand over his details. ” Fair Use Considerations. Overall then, the first factor weighs in favor of fair use.

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TorrentFreak

MARCH 25, 2025

Meta admitted the use of these unofficial sources early on. At the same time, however, the company denied the copyright infringement allegations, noting that it would rely on a fair use defense, at least in part. The authors said that the downloading of millions of books cannot be classified as fair use.

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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. ).

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Copyright Lately

AUGUST 14, 2023

Fischer denied both parties’ motions for summary judgment, finding triable issues of substantial similarity and fair use. Among other things, the court held that there was a factual dispute as to whether or not defendants’ purpose in using Sedlik’s image of Miles Davis was “commercial.”

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Intellectual Property Law Blog

JUNE 5, 2023

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith and, as a result, did not constitute fair use. [2] 107), “when it conveys a different meaning or message from its source material.”

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43(B)log

APRIL 28, 2021

I've recently seen two examples of the following phenomenon: off of Amazon, an advertiser uses images of its product with another well-known product, and they do go together, but on Amazon, the advertising is different. Anyone know if there's an Amazon policy driving this?

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IPilogue

NOVEMBER 11, 2021

This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very first international speaker from outside the United States. The Court refers to it more specifically as a “user’s right”.

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Kluwer Copyright Blog

APRIL 8, 2024

This has been commonly referred to as TDM or “ text and data mining ”, one of the building blocks of machine learning and internet search technology. In the EU, TDM activities have relied on explicit exempting provisions enshrined in the Directive on Copyright in the Digital Single Market ( CDSMD ).

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The IPKat

JULY 7, 2024

case concerning the creation and dissemination of a meme on social media saw the Court of Appeals clarify that “the fact that everyone else is doing it is not a particularly compelling justification” for the fair use doctrine under 17 U.S.C. § The court consistently referred to Andy Warhol Foundation v. 107 to apply.

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Copyright Lately

DECEMBER 29, 2024

But what the court referred to as an obscene tirade hardly warranted ordering Chicken Joe’s to pay a whopping $27,336.32 Fair Use Declawed. For now, theres cautious optimism that the court will help restore some sanity to fair use jurisprudence in the post- Warhol era. For that reason, Prepared Food Photos v.

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43(B)log

AUGUST 16, 2021

Trademark/unfair competition claims: these were all based on alleged use of the “Rose Bowl” mark in an Instagram post made on the Rose Bowl Stadium’s official Instagram account, together with an image of the official program from the 1956 iteration of the Rose Bowl Game. The Instagram post was before the court and was NFU.

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Copyright Alliance

FEBRUARY 27, 2024

In May of last year, the Supreme Court handed down its much-anticipated fair use decision in Andy Warhol Foundation v. Goldsmith (referred to as Warhol throughout this blog). At the […] The post Fair Use in a Post-Warhol World: Part I appeared first on Copyright Alliance.

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SpicyIP

JANUARY 7, 2025

Image from here There is a certain hypocrisy in arguing that training models on the publics data is fair use but then seeking to prevent others from doing the same thing. Rather, it is being used to break the lyrics into small tokens to derive statistical weightage. For both good and not-so-good reasons. Meta , Mike Huckabee v.

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IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith, Andy Warhol not only used Ms. Goldsmith et al, Case No.

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TorrentFreak

SEPTEMBER 7, 2021

However, the channel the ‘reference video’ was uploaded to has none of these qualities, the defendants say. The entire broadcast, to which Triller owns the copyright, lasted much longer – four hours in fact – meaning that any use of the Jake Paul fight by the defendants in their two-hour podcast was necessarily small.

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Copyright Lately

JANUARY 23, 2024

The TLDR is that Sedlik owns a valid copyright in the Miles Davis photo, and Kat Von D admits to using the photo as a reference image to create her tattoo. This is the first case I’m aware of in which the owner of a copyrighted reference image has sued a tattoo artist for copyright infringement. The Good, the Bad and the.

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JD Supra Law

SEPTEMBER 18, 2023

holding that non-commercial use of standards incorporated by reference into law is fair use and not copyright infringement. On September 12, 2023, the Court of Appeals for the District of Columbia issued its opinion in American Society for Testing and Materials (ASTM) v. Public.Resource.Org, Inc.,

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43(B)log

MAY 19, 2023

Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side. The court also found that the alleged use of the Roblox name was not, as a matter of law, nominative fair use.

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JD Supra Law

MAY 19, 2023

Goldsmith issued earlier today is chock full of references to famous artists, famous works of art, famous musicians and famous celebrities dating back centuries. The Supreme Court’s decision in Andy Warhol Foundation for the Visual Arts, Inc.

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Copyright Lately

OCTOBER 20, 2024

At trial, American focused primarily on its trademark infringement and unfair competition claims, arguing that Skiplagged misled consumers by making itself appear like an authorized agent of the airline, in part by using American’s logo in ways that could cause confusion. Here, the jury sided with the airline, awarding $4.7

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43(B)log

OCTOBER 16, 2024

2, 2024) ASTM, which produces technical standards, sued UpCodes for providing free online access to unauthorized copies of ten ASTM standards, all of which have been incorporated by reference into state and local legal codes. But no such law regulates state or local government incorporation by reference.

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IPilogue

FEBRUARY 28, 2023

The District Court held that the French decision infringed Wofsy’s freedom of speech and that Wofsy’s books are “ reference works intended for libraries…and such institutions find it an attractive reference due to its price point and that astreinte (monetary damages for copyright infringement) do not apply because of the US’s fair use doctrine.

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SpicyIP

JANUARY 29, 2025

In this post, I will discuss the last two issues and the two contentions I referred to in the first part. Is Training of GenAI Models Fair Use?

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The IP Law Blog

APRIL 8, 2021

Finding Google’s copying a fair use, the Supreme Court ended Oracle’s decade-long attempt to recover copyright damages. In designing the mobile platform, Google independently developed most of the code but copied what the parties referred to as “declaring code” for 37 application programming interfaces, or APIs.

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LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith, Andy Warhol not only used Ms.

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LexBlog IP

MAY 3, 2022

The school district invoked the fair use defense and moved to dismiss the claim for failure to state a claim. The Fifth Circuit addressed the fair use defense noting it balances protecting an author’s work and permitting others to reference them in cultural conversation.

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IP Watchdog

MARCH 5, 2023

David Oppenheimer’s case against Douglas Prutton was referred to the CCB by the U.S. Oppenheimer admitted that he copied and displayed the photograph without permission, but said his adult daughter actually found the photo and placed it on his site, and also argued fair use and unclean hands in defending his use of the work.

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Copyright Lately

JUNE 2, 2022

In a 30-page order, the district court largely denies both parties’ motions for summary judgment, finding triable issues on substantial similarity and fair use. and High Voltage Tattoo) asked the court to determine that the use of Sedlik’s photo as a reference image qualified as a fair use of the copyrighted work.

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IPilogue

OCTOBER 1, 2022

Fischer found triable issues on substantial similarity and fair use. To freehand ink the tattoo, Kat Von D created a stencil by using a light box to trace the Davis photograph. On March 18, 2017, Kat Von D posted an image on her personal Instagram of herself using the Davis image as a reference while inking the tattoo.

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TorrentFreak

JANUARY 17, 2024

is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. ” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Live Crew used it anyway. .” Campbell v.

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TorrentFreak

JANUARY 11, 2024

The authors further stated that, as far as their books appear in the Books3 database, they are referred to as “infringed works” This prompted Meta to respond with yet another denial. Fair Use Meta’s response doesn’t provide much additional detail and the full defense will be revealed as the case progresses.

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LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. copyright law. Copyright law in the U.S.

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43(B)log

APRIL 26, 2023

Creager sent a letter to third party Semper Fi, an IDT consignee, stating that the owner “got in bed with a snake” and his recent bad decisions would “put [his] life in turmoil,” referring to a “tax thing” that Semper Fi’s owner interpreted as a threat to report him to the IRS for tax evasion. The ads used the entire images.

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LexBlog IP

MARCH 15, 2024

Plaintiff has been suing various wristwatch companies over the use of the term RED GOLD. Throughout the twentieth century, many newspapers, advertisements, magazines, textbooks, and other reference materials used the term “red gold” to describe the gold-copper combination.

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Biswajit Sarkar Copyright Blog

JUNE 23, 2022

If a webinar’s speeches, lectures, and addresses (collectively referred to as “lectures”) are scripted, they are copyrightable as literary works under section 13 of the Act (i.e. Fair use; webinar recordings. Ownership of copyright in the lectures presented by the speakers. written in advance).

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Technology & Marketing Law Blog

OCTOBER 17, 2022

finds the nature of Plaintiff’s trademark to be relevant to the willfulness inquiry, as it raises the concern that many persons might innocently use the word “emoji” in commerce without awareness of Plaintiff’s intellectual property rights. The court says it. The trademark registrations discourage that outcome.

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SpicyIP

MARCH 30, 2025

A language model merely compresses and cross-references linguistic information to identify predictable patterns and reduce redundancies by representing meaning probabilistically. Arent these elements, ideally speaking, non-expressive part of the work?

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