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. McGucken moved for summary judgment on the fair use defense. The second factor weighs slightly against fair use.

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IP Watchdog

NOVEMBER 17, 2021

“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. Naturally, the way courts analyze the “fair use” defense must adapt as technology advances and the way in which creative content is developed evolves.

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TorrentFreak

NOVEMBER 16, 2021

Affirmative Defense – Fair Use. Right off the bat, the defendants assert that anything they did in connection with their GTA 3 and Vice City projects were actions protected by fair use under the Copyright Act. The doctrine of fair use bars the relief sought by Plaintiff,” the response adds.

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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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TorrentFreak

DECEMBER 3, 2022

Reddit detailed these trends a few days ago in its latest transparency report. “From January to June of 2022, Reddit received 176,959 copyright notices reporting 738,010 pieces of content. Other, less common rejection reasons, include a lack of copyright infringement and fair use. Subreddit and Use Bans.

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TorrentFreak

AUGUST 20, 2022

Whether a fair use conversation actually took place is unclear, but the UFC says the strategy won’t work here. Documentary makers regularly license UFC content, and the UFC licenses content for use in its own broadcasts too. Since all UFC content is protected, UFC believes that violations of 17 U.S.C.

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SpicyIP

MAY 2, 2022

You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? In response the Defendant claimed, “ fair use” and “ de minimis” use. Without prejudice, the Defendant also contended de-minimis use as the use was of a clip lasting less than a minute.

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Plagiarism Today

OCTOBER 11, 2022

1: Justices to Consider Whether Warhol Image is “Fair Use” of Photograph of Prince. First off today, Ronald Mann at SCOTUSblog reports that, tomorrow, the Supreme Court of the United States (SCOTUS) is expected to hear arguments in the case of Andy Warhol Foundation for the Visual Arts, Inc. Though a U.S.

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Plagiarism Today

MAY 31, 2022

First off today, Carson McCullough at Courthouse News Service reports that a federal judge has granted summary judgment in favor of Pinterest in their battle with a photographer. 2: Amendment Passes to Grant Teachers Fair Use of Copyrighted Work Remotely. Have any suggestions for the 3 Count? motion to do so.

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Plagiarism Today

AUGUST 17, 2022

Copyright Office Argues Warhol’s Use of Prince Photo Was Not ‘Fair Use’. First off today, Jaron Schneider at PetaPixel reports that the United States Copyright Office has weighed in on the Andy Warhol case, telling the Supreme Court that they feel Warhol’s paintings were not a fair use of Lynn Goldsmith’s photos.

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Plagiarism Today

AUGUST 16, 2022

The lawsuit was filed by the local broadcaster Mediaset, which claimed that Vimeo failed to take action against some 2,000 infringing videos they reported on the service. The estate, however, has argued that Warhol’s creations were a fair use. million ($8.64 million judgment against Vimeo.

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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] 10] The more transformative a work is, the more likely it is to be considered fair use. 14] Justice Sotomayor noted that Campbell v.

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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.

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Plagiarism Today

NOVEMBER 18, 2021

1: ‘GTA’ Reverse-Engineer Modders Defend Projects as Under “Fair Use”. First off today, Will Nelson at NME reports that video game modders are fighting back against a lawsuit filed by Rockstar Games claiming that their fan-created mods are a fair use, not a copyright infringement.

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TorrentFreak

MARCH 11, 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. Meta could argue that the use of the pirated books as AI training data qualifies as fair use.

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TorrentFreak

OCTOBER 23, 2021

That included a number of YouTube channels including the H3 Podcast, which is currently fighting back citing fair use , a defense that Triller says isn’t available. Fair Use, Innocent Infringement, Unclean Hands. The answer from De La Santos cites the doctrine of fair use as an affirmative defense.

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Technology & Marketing Law Blog

JANUARY 18, 2025

In each case, the publisher XXL (a publisher of hip-hop related news) reported on the videos and embedded the video and included a screenshot. Mediaite reported on three videos owned by the plaintiff and included the videos in the stories via embedding. The court also rejects the fair use defense at the motion to dismiss stage.

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Plagiarism Today

OCTOBER 5, 2021

First off today, Brian Welk at The Wrap reports that a judge has granted copyright termination for the film Friday the 13th, allowing both the writer, Victor Miller, from the film’s producer/director, Sean S. Ratajkowski fired back, claiming that the photo didn’t qualify for copyright protection and that her use was a fair use.

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TorrentFreak

APRIL 17, 2024

A few hours ago, the company released its latest transparency report detailing the actions it took in the second half of 2023. Reddit reports that rightsholders flagged 779,628 items between July and December, an 18% decrease compared to the first half of the year. During the second half of the year, this upward trend reversed.

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Plagiarism Today

DECEMBER 6, 2022

In fact, according to their most recent transparency report , that includes some 176,959 notices covering some 738,010 pieces of content in just the first six months of 2022. While that rate is typical among hosts of its type, that still leaves some 173,280 pieces of content that were reported as copyright infringing but were not removed.

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Copyright Lately

DECEMBER 29, 2024

In a January 2024 report and recommendation later adopted by the court , the magistrate judge found that the repost infringed the plaintiff’s display right simply because it shows a copy of the photo on Chicken Joes social media account. Fair Use Declawed. First prize is you get sued. Whyte Monkee Productions, LLC v.

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Plagiarism Today

FEBRUARY 3, 2022

First off today, Isaiah Colbert at Kotaku reports that YouTuber Mark Fitzpatrick has won a partial victory in his battle with Toei Animation, one that will see many of his videos restored, at least in the United States. However, The channel made headlines last week when he reported receiving some 1,300 copyright notices from Nintendo.

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Plagiarism Today

FEBRUARY 21, 2022

1: Judge: Jehovah’s Witness Parodies Are Fair Use. The judge ultimately ruled that any use of Watch Tower material was a fair use and ordered the subpoena quashed. 2: German Court Case Could Have Huge Repercussions for Anyone Who Uses the Internet. Have any suggestions for the 3 Count?

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Kluwer Copyright Blog

APRIL 8, 2024

Several possible causes of overfitting have been reported in the literature : high complexity of the AI model, leading it to mould too closely to the training data; limited training data; and too much noisy data, affecting the model’s ability to distinguish relevant information – a signal – from the irrelevant – a noise.

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Plagiarism Today

OCTOBER 19, 2022

The Notorious Markets report is an annual report by the USTR that identifies international markets that enable piracy. The USTR invites input from various stakeholders, which is what the RIAA is providing in this report. Cardi B had previously argued that the use of the image was a fair use because it was transformative.

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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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IP Law 360

NOVEMBER 13, 2024

An upcoming report from the U.S. Copyright Office addressing questions of infringement and training artificial intelligence models with copyrighted material will address fair use, Shira Perlmutter, the office's director, told a U.S. Senate oversight panel Wednesday.

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Plagiarism Today

MARCH 3, 2022

First off today, Murray Stassen at Music Business Worldwide reports that musician Dua Lipa has been hit with a copyright infringement lawsuit that claims her 2020 hit Levitating is an infringement of an earlier song. However, the lower court tossed the lawsuit, saying that the use was a fair use, and awarded the school some $10,266.37

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Plagiarism Today

OCTOBER 13, 2022

First off today, Blake Brittain at Reuters reports that yesterday the Supreme Court heard oral arguments in a case pitting photographer Lynn Goldsmith against the estate of artist Andy Warhol. In 1984, Lynn licensed one of her photographs of the musician Prince to be converted into a painting by Warhol for Vanity Fair magazine.

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Plagiarism Today

DECEMBER 8, 2021

First off today, Brian Ashcraft at Kotaku reports that YouTuber Mark Fitzpatrick, better known as Totally Not Mark, says that he does not know what is next after the anime studio Toei has filed copyright claims against some 150 of the videos on his channel. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

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Plagiarism Today

SEPTEMBER 21, 2022

First off today, Winston Cho at The Hollywood Reporter Esquire reports that Disney has failed to dismiss an ongoing case against it over the 2018 reboot of the Muppet Babies TV show. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Disney Loses Bid to Dismiss ‘Muppet Babies’ Reboot Copyright Suit.

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Plagiarism Today

APRIL 19, 2022

First off today, Joe Tidy at the BBC reports that the City of London Police have arrested three people and shuttered the website of a group that was running an unauthorized clone of Club Penguin, the Disney social media site/game that shuttered in 2017. The court, in this case, rejected the test as well as Newsweek’s fair use arguments.

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Plagiarism Today

OCTOBER 25, 2021

1: Nirvana Beats T-Shirt Copyright Lawsuit Involving Dante’s ‘Inferno’ First off today, Bill Donahue at Billboard reports that members of the band Nirvana have emerged victorious in a battle over their iconic Dante’s Inferno shirt, even if it is likely not the final word on the case.

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Plagiarism Today

AUGUST 2, 2021

First off today, Blake Brittain at Reuters reports that U.S. The judge also ruled against Sinclair on the issue of fair use, saying that it was too early in the case to rule on that issue. Let me know via Twitter @plagiarismtoday. 1: Manhattan Judge Rejects ‘Server Test’ for Internet Copyright Infringement.

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Plagiarism Today

FEBRUARY 8, 2022

First off today, Winston Cho at The Hollywood Reporter Esquire reports that Pandora has been sued by a group of comedians and their estates claiming that the streaming service has been streaming their performances but not paying all the royalties owed. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

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Plagiarism Today

MAY 19, 2022

First off today, Pamela Chelin at Variety reports that the 9th Circuit Court of Appeals has granted a significant victory so singer Toni Basil, granting her sole copyright in her 1981 debut album, which included the hit song Mickey. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

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Plagiarism Today

MAY 16, 2022

First off today, Massimo Capizza at the National Law Review reports that the Supreme Court of the United States has denied certiorari in a case over the 2003 Josh Groban song You Raise Me Up , leaving a circuit split in place over how to determine substantial similarity between two works. Let me know via Twitter @plagiarismtoday.

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