TorrentFreak

APRIL 23, 2024

The organization literally archives key parts of the Internet, copying older versions of websites to preserve them for future generations. The organization doesn’t license authorized digital copies from publishers; instead, its books are scanned and digitized in-house. IA has plenty of other archive projects too.

Copyright 114

Copyright Fair Use Copying Publishing 114

Plagiarism Today

OCTOBER 7, 2021

On Tuesday, journalist Robert Kolker published an article in the New York Times Magazine entitled Who is the Bad Art Friend? That, in turn, prompted a counterclaim by Dorland for copyright infringement. She took the words that someone else had written, copied them and used them in her story while presenting them as her work.

Plagiarism 260

Plagiarism Art Copying Privacy 260

Copyright Lately

OCTOBER 24, 2022

AI-generated art isn’t perfect, but it’s become a viable option for set decor on motion pictures and other commercial productions. The letter claimed that the director, an ad agency, and a popular theme park had all committed copyright infringement because a panda appeared in the background of their TV commercial.

Artwork 88

Artwork Copyright Infringement Copyright Art 88

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] Goldsmith counterclaimed for copyright infringement. It found that all four fair use factors weighed against fair use. [12]

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Fair Use Derivative Work Art Licensing 97

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc.

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Fair Use Art Licensing Derivative Work 52

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. Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , No.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

Traverse Legal Blog

OCTOBER 20, 2022

NFTs are being used in all forms of entertainment, gaming, art and science. If you don’t own the NFT, you might still wonder how you can use the image which appears on Google search or at the OpenSea marketplace. Can I copy and use a digital asset linked to an NFT? Does “Fair Use” Apply to NFTs?

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Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

LexBlog IP

SEPTEMBER 30, 2022

Many find it surprising, but there is no requirement to include a copyright notice on a work for the work to be protected by copyright law. The lack of a copyright notice does not give you permission to use the work. Examples of copyright infringement include the following when done without permission.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

IPilogue

SEPTEMBER 29, 2021

The legal question at the center of the dispute is whether Warhol’s series is fair use of Goldsmith’s original photograph. A permissible derivative creation, or fair use, requires transformative changes made to the original. The trial judge John G. The implication of the result will be far-reaching.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

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. At issue before the Supreme Court in Andy Warhol Foundation for the Visual Arts Inc. copyright law. copyright law. Copyright law in the U.S.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

LexBlog IP

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s ’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s ’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

NOVEMBER 17, 2023

and Universal Music Group (“Plaintiffs”) sued AI start-up Anthropic PBC (“Anthropic”) on October 18, 2023, in the United States District Court for the Middle District of Tennessee “to address the systematic and widespread infringement of their copyrighted song lyrics” by Anthropic. ABCKO Music, Inc.,

Music 52

Music Copyright Infringement Publishing Copyright 52

IPilogue

OCTOBER 1, 2022

Typically, tattoo aftercare instructions include strictly hygienic recommendations, but tattoo artist Kat Von D might have a unique suggestion: prepare to be an exhibit in a copyright infringement lawsuit. for copyright infringement under the Copyright Act of 1976. Sedlik (“Sedlik”) filed a complaint in the U.

Copyright Infringement 130

Copyright Infringement Fair Use Art Copyright 130

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. It wasn’t until the late 1900s that courts in the UK began to recognize a problem with the tendency towards legal copyright.

Fair Use 110

Fair Use Copyright Law Copyright Intellectual Property 110

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.

Fair Use 52

Fair Use Copyright Copying Designs 52

LexBlog IP

SEPTEMBER 21, 2023

Meta Platforms (parent company of Facebook) and OpenAI (creator of ChatGPT) have individually filed a Motion to Dismiss the class-action lawsuit filed by comedian Sarah Silverman and authors Richard Kadrey and Christopher Golden for alleged copyright infringement.

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Derivative Work 52

IPilogue

JULY 18, 2022

Last year, Andy Warhol lost an infamous copyright infringement lawsuit against photographer Lynn Goldsmith regarding an image of the pop singer Prince. Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use.

Copyright Law 111

Copyright Law Copyright Law Art 111

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.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

Patently-O

JANUARY 4, 2024

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. Winston & Strawn , 23-cv-11193 (S.D.N.Y.

Plagiarism 124

Plagiarism Fair Use Copying Copyright Infringement 124

LexBlog IP

MARCH 2, 2023

According to Getty Images, Stability copied Getty’s photographs with associated text and metadata to train its Stable Diffusion model, which uses AI to generate computer-synthesized images in response to text prompts. According to Getty, this is clear copyright infringement.

Copyright Infringement 40

Copyright Infringement Copyright Fair Use Technology 40

Copyright Lately

OCTOBER 2, 2023

It’s time to start paying attention though, because a Delaware District Court judge just ordered this low-profile AI case to trial, largely denying the parties’ motions for summary judgment on copyright infringement and fair use (read the opinion here). These copies, Ross claims, are fair use.

Fair Use 93

Fair Use Copyright Copying Copyright Infringement 93

Biswajit Sarkar Copyright Blog

JULY 19, 2022

What is copyright infringement? Unauthorized use of a work protected by copyright is referred to as copyright infringement. In this blog we will take a look at best practices to avoid copyright infringement. In this blog we will take a look at best practices to avoid copyright infringement.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

IP and Legal Filings

FEBRUARY 15, 2023

The availability of a large variety of information has also increased the risk of Copyright Infringement due to its easy accessibility and dissemination. This has led to varying degrees of copyright infringements in this digital era. However, with more advantages, some disadvantages also come into play.

Copyright Law 90

Copyright Law Copyright Law Social Media 90

IIPRD

AUGUST 11, 2023

INTRODUCTION [Image Sources: Tokyo National Museum] Manga can be best defined as sequential art presented with an illustrative narration of a story. There is no question of fair use as although it is not commercially beneficial but it is neither limited to private use. For content piracy, Takeshobo Inc.,

Art 52

Art IP Intellectual Property Copyright 52

The IPKat

JULY 9, 2023

An Oral History of Creative Processes in Street Art and Graffiti Subcultures ”, authored by Enrico Bonadio (City University of London). As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. Another important question is raised in this chapter.

Art 57

Art Copyright Moral Rights Cease and Desist 57

Kluwer Copyright Blog

APRIL 22, 2024

The rise in popularity of non-fungible tokens (NFTs) has attracted a great deal of attention from copyright practitioners and aficionados. Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. And why is that?

Copyright 120

Copyright Artwork Moral Rights Non-Fungible Tokens 120

LexBlog IP

MAY 19, 2023

Condé Nast paid the Andy Warhol Foundation for the Visual Arts, Inc. (“AWF”) $10,000 for the license, while Goldsmith received neither a license fee nor a source credit. 1] The Southern District of New York granted summary judgment to AWF on its claim of fair use, but the Second Circuit Court of Appeals reversed.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Kluwer Copyright Blog

JANUARY 16, 2024

Rather than being programmed in the traditional way, a large language model is “trained” by copying massive amounts of text and extracting information from it. Books3 is a dataset of books derived from a copy of the contents of the “ Bibliotik private tracker ”. Vicarious Copyright Infringement (17 U.S.C. §

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Derivative Work Copyright Infringement Copying Copyright 133

Technology & Marketing Law Blog

MARCH 6, 2022

Babybus runs a competitive channel that Moonbug believes infringes its copyrights. An example: Moonbug submitted takedown notices to YouTube covering at least 70 videos and sued Babybus for copyright infringement. Babybus counterclaimed for 512(f). The court dismisses Bbybus’ counterclaims. Alper Automotive v.

Fair Use 97

Fair Use Cease and Desist Copying Copyright Infringement 97

TorrentFreak

JUNE 14, 2022

In the summer of 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House filed a copyright infringement lawsuit against Internet Archive (IA). “The only issue is whether Internet Archive’s massive infringement scheme is fair use under 17 U.S.C. § Publishers: IA’s Use is Not Fair.

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Publishing Fair Use Copying Editing 112

LexBlog IP

JUNE 5, 2023

These were the hot topics in the recently decided Supreme Court case of Andy Warhol Foundation for the Visual Arts, Inc. Money and copyright won by a 7-2 majority. Money and copyright won by a 7-2 majority. Warhol and his Foundation’s claim of fair use lost. Andy Warhol. And Prince, the Purple One. (Or

Fair Use 52

Fair Use Derivative Work Art Licensing 52

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. See Andy Warhol Foundation for the Visual Arts, Inc. The Warhol Estate appealed, but only on the first fair use factor. Damle introductory statement, Tr. 1258, (2023).

Fair Use 105

Fair Use Licensing Music Art 105

SpicyIP

MAY 1, 2023

14 of the Copyright Act, 1957 (the Act), along with attribution seems like a possible solution that would address the concerns raised in the above cases. The problem is how do you license all the copyrighted images/information available on the web? Some have argued in favour of fair use, at least in the US context.

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IP Licensing Fair Use Moral Rights 129

IPilogue

DECEMBER 13, 2022

At last, the Supreme Court of the United States can have its say on the protectability of the subjects of ‘pop art’. In 1984, Vanity Fair magazine received a licence from photographer Lynn Goldsmith to use her 1981 portrait of Prince, which she had shot on assignment for Newsweek.

Art 79

Art Fair Use Intellectual Property Licensing 79

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. What Happened. Oracle , should have been decided by the trial judge. Skull arm design.

Fair Use 80

Fair Use Designs Design Licensing 80

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 60

Copyright Fair Use Copyright Infringement Ownership 60