IP Tech Blog

MARCH 28, 2023

Even though the Internet Archive and participating libraries purchased print copies of the books and, for the most part, made them available to borrowers on a one-to-one basis, the court rejected the Internet Archives’ fair use defense. The court also rejected Internet Archives arguments that its use was entirely non-commercial.

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TorrentFreak

MARCH 25, 2024

Internet Archive’s theory of fair use represents a threat just as grave.” ” According to the amici, there is nothing fair about IA’s digital library; instead, they see it as “unambiguous copyright infringement.” Thus, its actions are decidedly not protected by fair use,” their brief reads.

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Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. Percentage of Original Material Used.

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TorrentFreak

MARCH 18, 2024

Publishers Respond to IA’s Appeal IA argued that its scanning-and-lending activities amount to fair use. The publishers state that more than 93% of the public libraries in the US license ebooks through official channels. “In short, IA’s practice of CDL is radical and unlawful.

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TorrentFreak

NOVEMBER 18, 2022

Japan does not recognize fair use and even if it did, experts predicted that ‘Fast Movies’ would still cross red lines. The aim is to keep the storyline more or less intact yet despite obvious drawbacks, millions of people enjoy watching them. Fast Movie Crackdown. million) in overall damages.

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Copyright Lately

SEPTEMBER 29, 2024

In May, State Farm filed a motion to dismiss the lawsuit (read here) , arguing that Atari was “seeking a windfall for the inadvertent and fleeting use of a decades-old arcade game.” The Fair Use Defense The court also denied State Farm’s motion to dismiss Atari’s copyright claim based on the fair use defense.

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LexBlog IP

MARCH 28, 2023

Even though the Internet Archive and participating libraries purchased print copies of the books and, for the most part, made them available to borrowers on a one-to-one basis, the court rejected the Internet Archives’ fair use defense. of America v.

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Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. To briefly summarize, the court left the fair use question entirely to the jury, despite its own pre-trial order and the Supreme Court’s recent decision in Google v.

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Blogging Fair Use Copyright Infringement Licensing 144

Copyright Lately

MAY 17, 2021

And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. The Supreme Court’s seminal fair use decision, Campbell v.

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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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Copyright Law Fair Use Public Domain 105

Technology & Marketing Law Blog

MAY 30, 2022

Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.

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Technology & Marketing Law Blog

MARCH 30, 2025

See Star Trek: The Next Generation: Schism (Paramount television broadcast Oct. ” (The “in part” language is funky, because surely a line or two of lyrics constitutes fair use). Having done so, the only remaining equitable issue is the use of the copyrighted works for training purposes.

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Copyright Publishing Copyright Infringement Licensing 59

IPilogue

DECEMBER 20, 2021

Cosplay (or “costume play”) is the act of dressing up as a character, often from anime, video games, comics, television, or film. In both the United States and Canada , costumes do not fall under copyright protection given their classification as “useful articles.”

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IPilogue

APRIL 12, 2022

The Chinese National Radio and Television Administration introduced a regulation in 2018 to prevent illegal capture, cut, stitching, and adapting audio-visual programs. Japanese police arrested three people for posting a 10-minute move recap on June 23, 2021.

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Intellectual Property Law Television Copyright Infringement Fair Use 119

The IP Law Blog

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. The District Court also found that the use was not fair use.

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Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. This left only the fair use defense remaining for the jury.

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Kashishipr

JUNE 9, 2021

With the onset of the trend wherein users are gradually switching to online streaming to meet their music needs and discarding traditional methods such as radio, television, and music CDs, compulsory licensing for the internet was recognized as a key policy issue by the music industry last year.

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TorrentFreak

APRIL 12, 2024

The latter simply cannot exist without the former; the big legal debate seems to hang on whether consumption was protected under the doctrine of fair use, or was straightforward copyright infringement. If the court finds in favor of fair use, it seems likely that no copyright holders will receive compensation.

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Intepat

DECEMBER 18, 2024

OpenAI defended its actions by invoking the principle of fair use, arguing that it used publicly available content in a manner consistent with legal standards. The court, however, found in favor of ANI, holding that OpenAI’s use of ANI’s content without authorization constituted copyright infringement.

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TorrentFreak

MARCH 19, 2024

Instead of focusing on alleged hacking practices, the company led with Jack Valenti’s ‘Boston Strangler’ analogy, part of an all-out effort by television and movie producers to stop a groundbreaking new technology. Microsoft filed a separate motion to dismiss. Hollywood was ultimately unable to stop the VCR.

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IPilogue

SEPTEMBER 9, 2022

Television producers need to be careful to ensure that they are not mimicking real-life businesses too closely to offer their fictitious shows some realism. Netflix eventually settled with Chooseco in late 2020 after unsuccessfully arguing on grounds related to trademark law and fair use allowances. . How similar is too similar?

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IPilogue

OCTOBER 12, 2022

Barlow and Bear may use the “fan fiction” defence to claim their work is not an infringement based on fair use by proving the elements of fair use: the art is transformative and adds new meaning to the original show. Additionally, fan fiction must be non-commercial and cannot result in profits for the creator.

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Dear Rich IP Blog

FEBRUARY 25, 2021

Is it fair use to use the entire unclipped episode, if, throughout my recording, I am making commentary on the episode I am watching? Your project may qualify as fair use. A judge, when determining fair use, must consider four factors the purpose and character of your use. The factors?

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Kluwer Copyright Blog

NOVEMBER 15, 2022

Recent appellate decisions in the United States have recognized expanded grounds for personal jurisdiction in cases of internet-based copyright infringements; divided on the extent to which the three-year statute of limitations limits damage recoveries; and increased the occasions for motions to dismiss on the ground of fair use.

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SpicyIP

FEBRUARY 28, 2025

The application relies on the IPTV technology (Internet Protocol over Television) which provides delivery of audio/visual/graphic/textual data over IP-based networks. In effect, since DRM impacts the very design of the content, access for legitimate/fair use such as criticism, parody, educational purposes, etc.

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SpicyIP

JANUARY 31, 2025

Analysing the complexities of licensing deals for film and television adaptations. Analysing the impact of Indian copyright law on fair use in academic and critical writing. Evaluating the doctrine of fair use for Indian social media platforms in light of global cases.

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SpicyIP

JULY 29, 2021

Secondly, imposing a straightjacket 10% limit is patently absurd as DU Photocopy had explicitly upheld the reasonable-nexus approach to determine permissible amount of copying (previously suggested by Prof Basheer ): ‘ utilization of the copyrighted work would be a fair use to the extent justified for purpose of education ’ (para 33, Div.

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TorrentFreak

JULY 26, 2023

A copy available via PRS Legislative Research ( pdf ) shows that the committee heard evidence from the Motion Picture Distributors Association, Viacom 18, the Film and Television Producers Guild of India, and others. Amended Amendments The Standing Committee Report referenced 18 U.S.

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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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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. Section 52: A Multi-monikered provision? Recently, in India today vs Newslaundry , the Delhi Court, relying on Super Cassettes v.

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IP Copyright Fair Use Public Domain 138

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

The plaintiff extended his business and earned revenue by licensing the copyrighted works it owned to FM Radio services, television operators, television broadcasters and multi-system operators (MSO). Section 52 states that educational purposes, research, or criticism are all fair use and do not constitute copyright infringement.

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Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

The plaintiff extended his business and earned revenue by licensing the copyrighted works it owned to FM Radio services, television operators, television broadcasters and multi-system operators (MSO). According, to section 52 educational purposes, research or criticism are all fair use and do not attract copyright infringement.

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Copyright Infringement Music Moral Rights Copyright 52

Copyright Lately

OCTOBER 6, 2024

In that case, the court ruled in Adjmi’s favor because 3C was a parody of the sitcom and protected by fair use. David Adjmi was previously sued over his Three’s Company parody 3C , but in 2015 the court found the play protected by fair use.

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LexBlog IP

NOVEMBER 28, 2023

But wait, shouldn’t the Fair Use Doctrine imputed under the First Amendment apply to an obviously parodied creative work? Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here? Case Law: Instances Where Fair Use Was Not Upheld Andy Warhol Foundation for the Visual Arts, Inc.

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SpicyIP

JUNE 26, 2024

Under the current copyright framework, although fair use permits the creation of accessible copies, authors and publishers remain cautious due to concerns about potential copyright infringement. However, it’s important to note that technological measures like DRMs can effectively manage distribution.

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IP and Legal Filings

JANUARY 8, 2023

emphasized the fair use and dealing of copyrighted matters under section 52(1)(a) of the Act. The Tips Industries being the petitioner was given interim Relief on the basis that the defendant company was neither a radio nor a television. Rameshwari photocopy services & ors. In the case of Tips Industries Ltd. Wynk Music Ltd.

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Copyright Copyright Infringement Music Copying 98

LexBlog IP

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. The District Court also found that the use was not fair use.

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