IP Watchdog

MARCH 28, 2022

Court of Appeals for the Second Circuit holding that Andy Warhol’s Prince Series did not constitute fair use of Lynn Goldsmith’s photograph. Goldsmith, Lynn, et. a case that asks the High Court to review a decision of the U.S.

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Patently-O

APRIL 3, 2022

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. Here, in particular, Warhol argues that his use is so “transformative” of the original photographs that no license is needed. 17 U.S.C. §

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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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Kluwer Copyright Blog

MAY 9, 2022

“Warhol Print” (Vanity Fair), Page 8, Andy Warhol Foundation for the Visual Arts, Inc. 2021) (available here ); “Warhol Print” also available here. 2021) (available here ). 2021) (hereinafter: Goldsmith ). 2021) (hereinafter: Goldsmith ). 1183 (2021). Goldsmith, 11 F.4th Oracle Corp.

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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.

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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.

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Kluwer Copyright Blog

JUNE 30, 2021

The United States District Court for the Southern District of New York (‘District Court’) held that the defendants’ use of the song was fair use and granted the motion to dismiss the claims. On appeal, on 18 May 2021 the US Court of Appeals for the Second Circuit (‘Second Circuit’) upheld the District Court’s decision.

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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.

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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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43(B)log

OCTOBER 13, 2021

28, 2021) Eddy Grant sued Trump and his campaign for retweeting a pro-Trump video that used Grant’s famous “Electric Avenue” without authorization. Fair use can rarely be decided on a motion to dismiss, the court said, and this wasn’t one of those cases. 20-cv-7103 (JGK) (S.D.N.Y. So too here. Netflix, Inc.,

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JD Supra Law

MARCH 31, 2022

Following a twenty-seven year drought of copyright fair use cases, the Supreme Court is now set to take on its second case on the doctrine in two years. 21-869—less than twelve months after its 2021 fair use opinion in Google v. Goldsmith, No. Oracle—to revisit this defense once more.

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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.

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43(B)log

AUGUST 16, 2021

City of Pasadena, 2021 WL 3553499, No. 12, 2021) For over a century, PTRA has hosted the Rose Parade and Rose Bowl Game as part of its annual New Year’s Day Celebration. Pasadena said this was (1) nominative fair use and (2) an expressive work protected by the First Amendment. Pasadena Tournament of Roses Ass’n v.

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LexBlog IP

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. scholarship, or research is not an infringement of copyright.”

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LexBlog IP

MAY 26, 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. scholarship, or research is not an infringement of copyright.”

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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.

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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. GTA Modders to Court: Our Game Fixes & Enhancements Are Fair Use, Not Piracy (November).

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LexBlog IP

AUGUST 2, 2021

Multimedia System Design d/b/a “Crowdsource the Truth, 20-cv-7269 (VEC), SDNY July 20, 2021. On 12(b)(6), Defendant moves to dismiss on grounds of de minimis copyright infringement, copyright fair use, trademark fair use, and absence of trademark confusion. National Academy of TV Arts and Sciences v.

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IP Watchdog

DECEMBER 10, 2021

Copyright Office is studying and requesting comment on a proposal to defer registration examination; a bipartisan group of Senators introduce a new bill that would require social media companies to provide data to NSF-vetted independent researchers; Toyota Motor announces that it will shutdown production at two Japanese facilities due to labor and (..)

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Technology & Marketing Law Blog

JANUARY 27, 2022

I’ve posted a 2021 year-in-review post for emoji law , and I will post a separate Section 230 year-in-review soon. The extra cash flows from NFTs could spur new creative activity–a win for all of us. In 2021, governments lost several rulings over their online content moderation efforts. See, e.g., Kimsey v.

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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. 18-956, 2021 U.S. LEXIS 1864 (2021), the Supreme Court held that Google’s copying was permissible fair use. In Google LLC v. Software and IP. The Dissent.

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Technology & Marketing Law Blog

JULY 5, 2021

LLC, 2021 WL 466975 (S.D.N.Y. 9, 2021): “At the motion to dismiss stage, Kidmoto has plausibly alleged more than just the purchase of a competitor’s mark as a search engine keyword standing alone. 2021 WL 1163117 (E.D.N.Y. March 18, 2021). 2021 WL 1226156 (S.D.N.Y. April 1, 2021). June 7, 2021).

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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.

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Technology & Marketing Law Blog

AUGUST 2, 2021

I’m pleased to announce the 2021 edition of my Internet Law casebook, Internet Law: Cases & Materials. Note About Fair Use. The post Announcing the 2021 Edition of My Internet Law Casebook appeared first on Technology & Marketing Law Blog. If I counted editions, this would be the 12th edition. Register.com v.

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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 About Damages?

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Barry Sookman

SEPTEMBER 5, 2021

Computer and Internet Weekly Updates for 2021-08-28 [link] 2021-08-29. Broadcasters Score Big Legal Win Against App Streaming Network TV – The Hollywood Reporter [link] 2021-08-31. That is why…s… [link] 2021-09-02. v Zead, 2020 BCSC 2145 “privacy is not a freestanding right specifically mentioned in the Charter.

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SpicyIP

JULY 12, 2021

Last month, the Ministry of Information and Broadcasting received severe criticism from the film industry, free speech advocates, and the public when it announced the Cinematograph (Amendment) Bill 2021 (‘Bill’). Piracy and Fair Use. The only respite from this is exemption of instances covered by Section 52 of Copyright Act.

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TorrentFreak

DECEMBER 3, 2022

In the first half of this year, many of the key figures already exceed volumes for the whole of 2021, including the number of DMCA takedown notices. For comparison, during the whole of 2021, rightsholders reported 665,898 pieces of content, and a year earlier, only 517,054 were flagged as copyright-infringing. Subreddit and Use Bans.

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TorrentFreak

SEPTEMBER 18, 2023

Because Grant had created the track for entertainment purposes and Trump had used it for political commentary, that was a “fundamentally different and new purpose” and covered by the doctrine of fair use. Use Was Not Fair In October 2021, U.S. That fair use was the vehicle adds insult to injury.

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TorrentFreak

OCTOBER 1, 2023

.” And then there’s the increasing number of channels posting ‘copyright disclaimers’ citing Section 107 of the Copyright Act 1976, stating that since everything on the channel is ‘fair use’, channel owners are exempt and can never be sued. Created by Ethan and Hila Klein, the channel has over 2.93

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Kluwer Copyright Blog

JANUARY 20, 2022

At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. In 2012, US NASA’s robotic rover touched down on Mars. Another – more recent – example involves the video of a 2020 copyright panel at New York University where music was played to explain the application of the US fair use rules.

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Technology & Marketing Law Blog

DECEMBER 31, 2021

The court says that instead of doing a First Amendment analysis, it’s possible that a fair use analysis is sufficient for 512(h) subpoenas (citing Eldred for the principle that fair use is the First Amendment safety valve to copyright infringement). This is my last blog post for 2021. 2021 WL 6135300 (N.D.

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Plagiarism Today

SEPTEMBER 28, 2021

I also challenge you to at least try to draw a similar style before (1/2) — PokerPaint (@PokerPaint) September 25, 2021. pic.twitter.com/ToJt79iwa3 — PokerPaint (@PokerPaint) September 27, 2021. In addition to the above fair use issues, there is also one other to consider: The Digital Millennium Copyright Act (DMCA).

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BYU Copyright Blog

JANUARY 24, 2022

You can read about Pearson’s arguments and accusations in our September 27, 2021, post.Since our last post, Chegg responded to Pearson's allegations. In its Answer, Chegg asserts multiple defenses, including that “any use of Pearson’s asserted copyrighted works by or through Chegg’s services constitutes fair use.”

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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.

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Plagiarism Today

FEBRUARY 3, 2022

According to a video he uploaded, his videos will remain available in countries with a broad fair use exemption, like the United States, but not in countries like Toei’s native Japan that have narrow exemptions. But in 2021, it Slowly Started Growing Again. However, in 2021, the trend started to reverse.

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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.

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