TorrentFreak

DECEMBER 18, 2023

Mass Copyright Infringement or Fair Use? The Internet Archive wholeheartedly disagreed with the copyright infringement allegations; it offers a vital service to the public, the Archive said, as it built its legal defense on protected fair use. The library argues that the court erred by rejecting its fair use defense.

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Dear Rich IP Blog

APRIL 9, 2024

From everything I've researched, all the images in the book should come under fair use. Polar interrogatives work well in psychology tests , congressional hearings , and wedding vows , but they're not suitable for analyzing fair use. That said, we think you are likely to prevail in a fair use dispute.

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Copyright Alliance

FEBRUARY 27, 2024

In May of last year, the Supreme Court handed down its much-anticipated fair use decision in Andy Warhol Foundation v. Goldsmith (referred to as Warhol throughout this blog). At the […] The post Fair Use in a Post-Warhol World: Part I appeared first on Copyright Alliance.

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Copyright Alliance

FEBRUARY 29, 2024

In part one of this blog, we looked at a number of photography and documentary film copyright cases that have been decided since the Andy Warhol Foundation v. Goldsmith opinion was […] The post Fair Use in a Post-Warhol World: Part II appeared first on Copyright Alliance.

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IP and Legal Filings

NOVEMBER 22, 2023

Nominative fair use of a trademark is a legal doctrine that can be used as a defence in some types of trademark infringement cases. Following are the measures to be taken care of while taking nominative fair use as a defence – The use of the registered trade mark was bonfide. No sponsorship or endorsement.

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Technology & Marketing Law Blog

FEBRUARY 25, 2024

The court finds fair use. Purpose and Character of Use. Both aspects can have significant implications for fair use. 22, 2024) The post Reaction Videos Are Fair Use–Thiccc Boy v. 22, 2024) The post Reaction Videos Are Fair Use–Thiccc Boy v. Klein and Equals Three v.

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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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Copyright Alliance

APRIL 13, 2023

Fair use and AI has been a popular topic recently given the flurry of developments to generative AI systems. As discussed in the first installation of this blog, it is […] The post How Existing Fair Use Cases Might Apply to AI appeared first on Copyright Alliance.

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Technology & Marketing Law Blog

FEBRUARY 12, 2024

We’ve blogged some of his cases before ( 1 , 2 ), including the lower court ruling in this case. 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.

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Copyright Alliance

AUGUST 29, 2023

In the previous iteration of this blog (Part 1), we presented several movie copyright cases addressing the issues of copyright infringement and copyrightability. In this post, we look at TV […] The post Movie Copyright Cases Filmmakers Should Know: Part 2, Movie Fair Use Cases appeared first on Copyright Alliance.

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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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The IP Law Blog

JUNE 16, 2023

Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Scott Hervey and Tara Sattler talk about this decision on this episode of The Briefing by the IP Law Blog. Supreme Court ruled in Andy Warhol Foundation v. Watch this episode on the Weintraub YouTube channel here.

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Dear Rich IP Blog

JANUARY 9, 2023

May I use it? Is it public domain or fair use? Publication of the photo in your book may qualify as fair use if it provides commentary , expresses ideas “beyond what [the [photographer] expressed in his photographs," or disputes or makes fun of the imagery. When ruling on fair use, courts consider four factors.

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JD Supra Law

JUNE 16, 2023

Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Scott Hervey and Tara Sattler talk about this decision on this episode of The Briefing by the IP Law Blog. Supreme Court ruled in Andy Warhol Foundation v. By: Weintraub Tobin

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LexBlog IP

JUNE 16, 2023

Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Scott Hervey and Tara Sattler talk about this decision on this episode of The Briefing by the IP Law Blog. Supreme Court ruled in Andy Warhol Foundation v. Watch this episode on the Weintraub YouTube channel here.

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Kluwer Copyright Blog

JUNE 5, 2023

Supreme Court agreed to review the Second Circuit’s ruling that Andy Warhol’s series of colorful prints and drawings of Prince were not transformative fair uses of Lynn Goldsmith’s photograph (for a previous comment on this case, see here ). Goldsmith, 11 F.4th 4th 26 (2d Cir. 2021) (available here ) In March 2022 the U.S.

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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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Technology & Marketing Law Blog

MARCH 30, 2022

The district court granted Mic’s motion to dismiss on fair use grounds. In a memo opinion, the Second Circuit affirms the fair use motion to dismiss. Nature of the Use. The post Second Circuit Confirms Fair Use on Motion to Dismiss–Yang v. ” I strongly disagree. Mic Network Inc. ,

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The IP Law Blog

MAY 25, 2023

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. She emphasized that both uses were commercial in nature, making them substantially similar in purpose. In a closely watched copyright case, the U.S.

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IPilogue

MAY 26, 2022

An artist who fails to acquire permission from the copyright owner can use the ‘fair use’ defence. Under section 107 , fair use allows persons to use parts of a copyright protected work without permission for limited purposes. The fair use defence is rarely used in music sampling cases.

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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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The IP Law Blog

JULY 9, 2021

They provide a recap of last week’s episode , which covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use. Watch the episode on YouTube at this link.

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Kluwer Copyright Blog

APRIL 8, 2024

Image by Gerd Altmann from Pixabay The sweeping evolution of generative AI models is rapidly reshaping the legal landscape of copyright. That would mark a yawning gap between two copyright regimes, opening a new chapter in this old tale and potentially disadvantaging would-be European generative AI providers.

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TorrentFreak

MARCH 19, 2022

After reviewing McFree’s videos, last month a New York judge denied the Watch Tower application declaring that McFree’s use of Watch Tower clips was permitted under fair use. The nonprofit group has now stepped in to defend not only fair use but McFree’s right to remain anonymous.

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Art Law Journal

JULY 31, 2020

Knowing more about copyright and fair use will help you determine what is yours to use and what is off limits. Nicole Martinez.

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IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms.

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JD Supra Law

JUNE 16, 2023

Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Scott Hervey and Tara Sattler talk about this decision on this episode of The Briefing by the IP Law Blog. Supreme Court ruled in Andy Warhol Foundation v. By: Weintraub Tobin

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Technology & Marketing Law Blog

MAY 17, 2024

While this conflict might seem minor (X’s users, after all, are not in the business of granting scraping licenses), the next one was not: Fair use. Judge Alsup suggested that X’s ToS conflict with copyright law by prohibiting scraping irrespective of whether it qualifies as fair use. The post X Corp.

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SpicyIP

AUGUST 25, 2021

Her previous guest post on the blog can be viewed here. Domex Advertisement: Product Disparagement or Nominative Fair Use? In this post, I offer my independent analysis of the law in relation to comparative advertising and nominative fair use and apply it against the specific YouTube commercial mentioned above.

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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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JD Supra Law

JUNE 17, 2022

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright infringement dispute between a paparazzo and Emily Ratajkowski, and discuss the settlement’s implications for Fair Use. By: Weintraub Tobin

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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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Kluwer Copyright Blog

MAY 9, 2022

Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message. have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement.

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JD Supra Law

AUGUST 19, 2022

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an intellectual property dispute between Netflix and two digital content creators who wrote a musical inspired by the hit Netflix series, Bridgerton. By: Weintraub Tobin

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Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v. Netflix , Inc. ).

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Technology & Marketing Law Blog

FEBRUARY 24, 2022

[I published this post initially on the Association of Research Libraries blog in celebration of Fair Use Week 2022. Fair use is supposed to protect research bloggers in these circumstances. Defendants have also won fair use-based motions to dismiss over republishing a partial screen shot ( Yang v.

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Olartemoure Blog

APRIL 25, 2022

La entrada Infographic | Everything you need to know about fair use se publicó primero en OlarteMoure | Intellectual Property.

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