2021, Copying and Fair Use - Intellectual Property Pulse

Kanye West Faces A Copyright Infringement Lawsuit: Is “Fair Use” Fair?

IPilogue

MAY 26, 2022

The allegedly infringing sample is used on “Come to Life”, a song featured on his 2021 album “Donda”. An artist who fails to acquire permission from the copyright owner can use the ‘fair use’ defence. The fair use defence is rarely used in music sampling cases.

Fair Use

Fair Use Copyright Infringement Copyright Music

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

Technology & Marketing Law Blog

FEBRUARY 12, 2024

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. 21-2021 (4th Cir. 6, 2024) The post Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v.

Fair Use

Fair Use Licensing Copyright Marketing

Copy and Paste – Supreme Court Holds Copying Software Function Calls Was Fair Use

TraskBritt Intellectual Property

APRIL 10, 2021

Supreme Court issued a decision in litigation involving Google’s Android operating system for mobile devices on April 5, 2021. When developing Android, Google had copied the text and format of function calls from Oracle’s Java SE Application Programming Interface (API). 18-956, 2021 U.S. In Google LLC v.

Fair Use

Fair Use Copying Intellectual Property Copyright

The Art Critic’s Role in Fair Use

Patently-O

APRIL 3, 2022

Although Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. Litigation ensued, and the basic question in the case is whether Warhol’s unlicensed uses constitute “fair use” under Section 107 of the Copyright Act. by Dennis Crouch. Andy Warhol Foundation v. 17 U.S.C. §

Fair Use

Fair Use Art Licensing Publishing

Fair Use: Graham v. Prince and Warhol v. Goldsmith

LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

Fair Use

Fair Use Art Licensing Copyright Infringement

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

Fair Use

Fair Use Journalism Licensing Marketing

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] On March 26, 2021, the Second Circuit issued an opinion reversing the district court’s decision. Goldsmith counterclaimed for copyright infringement.

Fair Use

Fair Use Derivative Work Art Licensing

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

TorrentFreak

FEBRUARY 20, 2022

McFree challenged the subpoena with a motion to quash, arguing that any use of Watch Tower material was protected under the doctrine of fair use. In the summer of 2021, that case also ran into trouble when McFree refused to supply his real name. ” Fair Use Considerations.

Fair Use

Fair Use Copyright Infringement Copyright Publishing

Donald C. Brace Memorial Lecture by Professor David Vaver – “User Rights: Fair Use and Beyond”

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.

Fair Use

Fair Use Copyright Law Copyright Intellectual Property

The 5 Worst Copyright Decisions of 2021

Copyright Lately

DECEMBER 29, 2021

Remembering another frustrating year with a countdown of 2021’s most unsatisfying copyright rulings. I don’t know about you, but my 2021 actually made 2020 look pretty, prettay, prettaay good by comparison. In a July 2021 order in Nicklen v. Walt Disney Company. Sinclair Broadcast Group.

Copyright

Copyright Fair Use Social Media Copying

Text Written So Well That It Needs To Be Copied?

BYU Copyright Blog

SEPTEMBER 6, 2021

In our June 6, 2021, blog post we reported on a lawsuit between two companies that guide prospective college students in their application process. On June 13, 2021, Lehren filed its Answer wherein it admitted that it “copied a limited amount of text.” Plaintiff Ivy Coach, Inc. (“Ivy”)

Copying

Copying Fair Use Advertising Advertising

TorrentFreak’s 12 Most Read Articles of 2021

TorrentFreak

DECEMBER 31, 2021

On the brink of the new year, we look back at 2021 by going over the twelve most read news items of the last 12 months. There were dozens of movie leaks in 2021 but James Bond’s “No Time to Die” garnered the most interest among readers. The download numbers picked up later in the year when a high-quality copy appeared online.

Fair Use

Fair Use Reporting Copyright Copyright Infringement

Kat Von D Tattoo Infringement Trial Begins: What You Need To Know

Copyright Lately

JANUARY 23, 2024

Sedlik’s original image (L) and Kat Von D’s tattoo (R) I’ve been following this case since February 2021 , so check out my posts ( here , here , and here ) if you need a refresher. That said, expect most of the action to center on the fair use defense. What Will The Jury Need to Decide?

Social Media

Social Media Fair Use Copyright Infringement Copying

Announcing the 2021 Edition of My Internet Law Casebook

Technology & Marketing Law Blog

AUGUST 2, 2021

I’m pleased to announce the 2021 edition of my Internet Law casebook, Internet Law: Cases & Materials. The book is available as a PDF at Gumroad for $10, as a Kindle ebook for $9.99, and in hard copy at Amazon for $20. If you’re an academic and would like a free evaluation copy, please email me. Note About Fair Use.

Editing

Editing Law Privacy Contracts

Reddit Banned 2,625 Subreddits For Excessive Copyright Infringement in 2021

TorrentFreak

FEBRUARY 23, 2022

In 2021, Reddit’s users created nearly 5.8 In common with the vast majority of large companies based in the US, Reddit has to follow the requirements of the DMCA which means that when it receives a valid copyright notice, it must comply by taking the identified content down. under the doctrine of fair use.

Copyright Infringement

Copyright Infringement Copyright Copyright Notice Reporting

Amicus in Apple v. Corellium

43(B)log

FEBRUARY 16, 2022

It is that functionality, and not the copying, to which Apple truly objects. But fair use protects precisely this kind of analysis. Opening software to information gathering and vulnerability testing is transformative, just as gathering information about and criticizing other types of works are classic transformative fair uses.

Derivative Work

Derivative Work Fair Use Copying Copyright

Bridgerton Helps Navigate The Limits Of The Fan Fiction Defence In Intellectual Property

IPilogue

OCTOBER 12, 2022

Netflix also holds the position that Barlow and Bear “ copied liberally and nearly identically ” the elements of expression, dialogue, characters, and key plot points from Bridgerton. Ironically enough, if this case was filed in Bridgerton home territory, the UK, Barlow and Bear may attempt to use the defence of parody and pastiche.

Intellectual Property

Intellectual Property Social Media Music Fair Use

“The Copyright Case of the Century”: Final Settlement between Google and Oracle on API Copyright Infringement

IPilogue

OCTOBER 26, 2021

The decade-long dispute between Google and Oracle over computer code’s copyrightability finally came to an end on April 5, 2021. It is composed of two phases centering on two legal issues that were trialed separately—the copyrightability of APIs and the fair use doctrine. Oracle appealed successfully.

Copyright Infringement

Copyright Infringement Copyright Fair Use Settlement

Kat Von D, Think Before You Ink

IPilogue

OCTOBER 1, 2022

Back on February 7, 2021, award-winning professional photographer Jeffrey B. Fischer found triable issues on substantial similarity and fair use. In comparison, previous copyright infringement cases over tattoo art focus on an existing tattoo being reproduced in another work rather than the copying of a reference image.

Copyright Infringement

Copyright Infringement Fair Use Art Copyright

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

Technology & Marketing Law Blog

AUGUST 12, 2021

means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.”. Fair use : The court also grapples with fair use. July 30, 2021).

Social Media

Social Media Copyright Fair Use Licensing

Satirical Depiction in YouTube Video Gets Rough Treatment in Court

Technology & Marketing Law Blog

AUGUST 8, 2021

Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use. The Crony graphic also doesn’t qualify for fair use: Nature of Use. Multimedia System Design , 2021 WL 3271829 (S.D.N.Y.

Fair Use

Fair Use Television Cease and Desist Copyright

What Goldsmith Means to AI Trainers

IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. Goldsmith , 598 S.

Fair Use

Fair Use Licensing Music Art

H3 Podcast Asks Court to Throw Out “Fatally Defective” Triller Copyright Lawsuit

TorrentFreak

SEPTEMBER 7, 2021

“Viewing a transmission – whether it be Triller’s April 17, 2021 transmission of the Broadcast, the Reference Video or the 4/22/21 Podcast – does not constitute copyright infringement. Fair Use Defenses. “The Broadcast was essentially four hours long…In other words, the 4/22/21 Podcast used less than.3%

Copyright

Copyright Fair Use Copyright Infringement Copying

Long Walk to Copyright Reform (Pt 3): What does/should South Africa want with its copyright exceptions?

The IPKat

JULY 27, 2021

The window for stakeholders and interested parties to make written submissions in response to the invitation of the Portfolio Committee on Trade and Industry in South Africa regarding certain clauses of the Copyright Amendment Bill (CAB) closed earlier this month on 9 July 2021. The point of debate is what to do about it.

Fair Use

Fair Use Copyright Copying Publishing

Amicus of copyright law professors in Warhol Foundation v. Goldsmith

43(B)log

JUNE 17, 2022

Much art would be at risk if fair use inquiries ignored reasonable audiences’ views about when a new creation based on an existing work has a new meaning and message. 1183 (2021), that an inquiry into whether a work is a fair use requires evaluation of whether a second work has a different message, meaning, or purpose.

Copyright Law

Copyright Law Fair Use Law Artistic Work

Take-Two Dismisses Claims Against Lead Defendants in GTA Mods Lawsuit

TorrentFreak

APRIL 5, 2023

In 2021, a group of Grand Theft Auto enthusiast programmers released ‘re3’ and ‘reVC’, a pair of reverse-engineered modifications for GTA 3 and Vice City. In their November 2021 answer to the complaint, the four men denied the copyright infringement allegations and cited fair use among other affirmative defenses.

Copyright Infringement

Copyright Infringement Settlement Reporting Fair Use

Google v. Oracle Comes to a Close

BYU Copyright Blog

APRIL 12, 2021

Oracle") came to an end on Monday, April 5, 2021, when the Supreme Court issued its opinion on the case. The majority held in favor of Google's fair use defense to copyright infringement while Justice Thomas filed a dissenting opinion, joined by Justice Alito. The majority found that this factors also pointed toward fair use.

Fair Use

Fair Use Copying Copyright Marketing

US—Copyright Round-Up

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.

Copyright

Copyright Fair Use Copyright Infringement Ownership

Copyright Infringement Case: Google LLC v. Oracle America Inc.

Intepat

APRIL 23, 2021

Google petitioned the US Supreme Court to hear the case in the 2019 Term but was heard in April 2021 due to the Covid-19 Pandemic. Brief Background: Android which is owned by Google LLC used Java’s Application Programming Interfaces (APIs) for building their Android Operating System for Mobile devices from 2005.

Copyright Infringement

Copyright Infringement Copyright Fair Use Copying

[Guest Post] Nigerian's new Copyright Act 2022: how libraries can benefit

The IPKat

APRIL 3, 2023

Here’s what Desmond writes: Nigeria's new Copyright Act 2022: how libraries can benefit by Desmond Oriakhogba Background In October 2021, I wrote about the Nigerian copyright law reform process. Pending publication, the pre-assent copy of the Act can be accessed here. How can libraries in Nigeria benefit from the Copyright Act 2022?

Copyright

Copyright Intellectual Property Fair Use Copyright Law

Court Orders Unmasking Subpoena of Alleged Infringers–Baugher v. GoDaddy

Technology & Marketing Law Blog

OCTOBER 26, 2021

The bloggers countered with fair use. The court doesn’t see it: Nature of use. It’s true that the defense has the burden on fair use, but it’s also problematic to require defendants to prove the negative). GoDaddy.com LLC , 2021 WL 4942658 (D. ” Nature of work. ” Nature of work.

Privacy

Privacy Fair Use Blogging Copyright

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

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] 5] Following the Supreme Court’s decision in 2021 in Google LLC v. 107), “when it conveys a different meaning or message from its source material.”

Fair Use

Fair Use Licensing Cease and Desist Derivative Work

Copyright case: Google LLC v. Oracle America Inc., USA

Kluwer Copyright Blog

FEBRUARY 11, 2022

” Google LLC’s copying of approximately 11,000 lines of code from the Java SE application programming interface to create the Android mobile operating system was a fair use of that material as a matter of law and did not support copyright infringement by the code’s owner, Oracle America, Inc., April 5, 2021).

Copyright

Copyright Intellectual Property Law Fair Use Intellectual Property

3 Count: Unplanned Floors

Plagiarism Today

AUGUST 17, 2021

This sends the case back to the district court where other defenses, most notably fair use, will have to be weighed next. 3: Microsoft is Looking to Use the Ethereum Blockchain to Prevent Piracy. 2: Eurovision Singer James Newman Wins Copyright Case over Rudimental Hit.

Reporting

Reporting Fair Use Plagiarism Licensing

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. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

Fair Use

Fair Use Derivative Work Blogging Licensing

Plagiarism as a Social Norm

Plagiarism Today

APRIL 4, 2022

In some types of programming, especially when there’s only one correct way to do something, copying code isn’t just a shortcut, it’s the norm. Many lawyers also copy and paste heavily in the legal documents in a bid to meet the criteria there. The most significant difference between is that copyright is a function of the law.

Plagiarism

Plagiarism Social Media Contracts Copying

Copyright Infringement by Andy Warhol in his Celebrity Silkscreen Series

IPilogue

SEPTEMBER 29, 2021

On March 26, 2021, the 2nd Circuit Court of Appeals in New York found that the famed artist Andy Warhol violated photographer Lynn Goldsmith’s copyright by using her photo of the singer Prince to create his “Prince Series.” A permissible derivative creation, or fair use, requires transformative changes made to the original.

Copyright Infringement

Copyright Infringement Copyright Art Fair Use

Jake Paul PPV Boxing Piracy Amnesty Misled The Public, Lawsuit Claims

TorrentFreak

FEBRUARY 1, 2024

What began as a fairly bitter and personal affair has left both sides with little to celebrate since the lawsuit was filed in 2021. In summary, H3 says that when it showed the fight along with biting commentary on YouTube, that was fair use, even though the video shown was sourced from a pirated copy of the PPV event.

Copyright Infringement

Copyright Infringement Advertising Advertising Copyright

Revisiting Alberta v Access Copyright: Resources for K-12 Educators in Canada

IPilogue

OCTOBER 4, 2021

Despite its benefits, copying materials can present consequences for the content’s owners, artists, and publishers. summarizes in Alberta , fairness is assessed considering the “purpose, character, and amount of dealing; the existence of any alternatives to the dealing; the nature of the work; and the effect of the dealing on the work.”

Copyright

Copyright Copying Fair Use Editing

GitHub, Copilot and the Copyright Around AI

Plagiarism Today

JULY 8, 2021

1/ [link] — Jake Williams (@MalwareJake) July 3, 2021. According to the court, Google’s use was transformative enough to be a fair use. Is it so short that its use is a fair use? Is it identical? Is the code original enough to qualify for copyright protection?

Copyright

Copyright Fair Use Copyright Infringement Copying

What Goldsmith Means to AI Trainers

LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. ” (S.

Fair Use

Fair Use Licensing Music Art

Bungie Requests $12 Million in Damages from Veterancheats

TorrentFreak

FEBRUARY 14, 2023

After the lawsuit was filed against the cheat seller in 2021, not much has happened. “Cheat software negatively impacts the gaming experience of Bungie’s community of honest players who enjoy playing and winning fairly using skill and developed through practice,” Bungie writes.

Copyright Infringement

Copyright Infringement Fair Use Copyright Copying

Canadian Copyright, Fair Dealing and Education, Part One: Setting the Record Straight

Michael Geist

FEBRUARY 21, 2023

In doing so, they have relied on a steady diet of misleading claims about the state of the law, the licensing practices of Canadian educational institutions, the importance (or lack thereof) of copying of materials in course packs, and the effects of fair dealing. At the 2021 Supreme Court hearing in the Access Copyright v.

Copyright

Copyright Licensing Higher Education Fair Use

Many ways to skin a cat: BlindSA obtains a court declaration on the unconstitutionality of the South African Copyright Act

The IPKat

OCTOBER 14, 2021

Indeed as this Kat has reported on this blog ( here ), the process of addressing the South African President's reservations regarding the Copyright Amendment Bill (CAB) just kicked off in May 2021 (11 months after the President had sent his reservations in a letter to Parliament).

Copyright

Copyright Fair Use Reporting Copying

Kanye West Faces A Copyright Infringement Lawsuit: Is “Fair Use” Fair?

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

Trending Sources

Copy and Paste – Supreme Court Holds Copying Software Function Calls Was Fair Use

The Art Critic’s Role in Fair Use

Fair Use: Graham v. Prince and Warhol v. Goldsmith

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

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

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

Donald C. Brace Memorial Lecture by Professor David Vaver – “User Rights: Fair Use and Beyond”

The 5 Worst Copyright Decisions of 2021

Text Written So Well That It Needs To Be Copied?

TorrentFreak’s 12 Most Read Articles of 2021

Kat Von D Tattoo Infringement Trial Begins: What You Need To Know

Announcing the 2021 Edition of My Internet Law Casebook

Reddit Banned 2,625 Subreddits For Excessive Copyright Infringement in 2021

Amicus in Apple v. Corellium

Bridgerton Helps Navigate The Limits Of The Fan Fiction Defence In Intellectual Property

“The Copyright Case of the Century”: Final Settlement between Google and Oracle on API Copyright Infringement

Kat Von D, Think Before You Ink

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

Satirical Depiction in YouTube Video Gets Rough Treatment in Court

What Goldsmith Means to AI Trainers

H3 Podcast Asks Court to Throw Out “Fatally Defective” Triller Copyright Lawsuit

Long Walk to Copyright Reform (Pt 3): What does/should South Africa want with its copyright exceptions?

Amicus of copyright law professors in Warhol Foundation v. Goldsmith

Take-Two Dismisses Claims Against Lead Defendants in GTA Mods Lawsuit

Google v. Oracle Comes to a Close

US—Copyright Round-Up

Copyright Infringement Case: Google LLC v. Oracle America Inc.

[Guest Post] Nigerian's new Copyright Act 2022: how libraries can benefit

Court Orders Unmasking Subpoena of Alleged Infringers–Baugher v. GoDaddy

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

Copyright case: Google LLC v. Oracle America Inc., USA

3 Count: Unplanned Floors

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

Plagiarism as a Social Norm

Copyright Infringement by Andy Warhol in his Celebrity Silkscreen Series

Jake Paul PPV Boxing Piracy Amnesty Misled The Public, Lawsuit Claims

Revisiting Alberta v Access Copyright: Resources for K-12 Educators in Canada

GitHub, Copilot and the Copyright Around AI

What Goldsmith Means to AI Trainers

Bungie Requests $12 Million in Damages from Veterancheats

Canadian Copyright, Fair Dealing and Education, Part One: Setting the Record Straight

Many ways to skin a cat: BlindSA obtains a court declaration on the unconstitutionality of the South African Copyright Act

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