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 52

Fair Use Licensing Music Art 52

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.

Fair Use 52

Fair Use Copyright Licensing Copying 52

SpicyIP

MAY 2, 2022

You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? In response the Defendant claimed, “ fair use” and “ de minimis” use. Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

IP Intelligence

JUNE 6, 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. emphasis original).

Fair Use 40

Fair Use Licensing Music Art 40

IP and Legal Filings

JUNE 12, 2023

Since copying was for the purpose of criticism, it amounted to fair dealing and did not constitute infringement of the copyright. Vipul Amrutlal Shah (2009) and MRF Limited v. The Supreme Court’s decisions in the case of Shree Ventakesh Films (SVF) v.

Copyright Law 81

Copyright Law Copyright Law Copyright Infringement 81

IIPRD

AUGUST 11, 2023

There is no question of fair use as although it is not commercially beneficial but it is neither limited to private use. However, the US Court has held Napster [2] , which was a file-sharing platform as well, guilty of infringing copyrighted materials and was denied the defence of fair use. Napster, Inc.,

Art 52

Art IP Intellectual Property Copyright 52

The IPKat

FEBRUARY 3, 2023

This said, different contractual conditions and policies were found leading to uncertainty and, as a result, giving rise to transaction costs. In other legal systems, specific E&L relating to content to which lawful access has been secured have been adopted instead.

Government 141

Government Related Rights Copyright Law 141

IP and Legal Filings

MARCH 5, 2024

Case study: Apple vs. “Apple iPhone” A Chinese business violated Apple’s trademarks in 2009 by branding their smartphone the “Apple iPhone” This case highlights how difficult it may be to enforce trademark protection internationally on social media, where regional limitations might make it more difficult.

Trademark 84

Trademark Social Media Advertising Advertising 84

43(B)log

FEBRUARY 22, 2022

Designed to be freely available licensed or public domain; we occasionally use fair use images where no free image is available, such as when a famous work has been destroyed. The OTW’s nonprofit, volunteer-operated website hosting transformative noncommercial works, the Archive of Our Own, was launched in late 2009.

Copyright 45

Copyright Fair Use Music Licensing 45

SpicyIP

FEBRUARY 27, 2024

On the trademark side, relevant is this post by Bhavya Solanki and Medha Bhatt discussing the applicability of the fair use provisions of trademark law to the unauthorized use of trademarks in the virtual world. Speaking of the virtual world and connected stuff in today’s time, one shouldn’t miss the blockchain.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

Patently-O

DECEMBER 11, 2023

Moreover, as we detail below, the best understanding of the application of fair use principles to AI training would hold that the practice is in most if not all instances a fair use. The FTC has no authority to determine what is and what is not copyright infringement, or what is or is not fair use.

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95

TorrentFreak

FEBRUARY 15, 2024

Claims that recording amounted to fair use were brushed aside, not least since the service actually recorded everything behind the scenes, contrary to customers’ belief that any recordings played back via the service were unique to them. .

Copyright Infringement 92

Copyright Infringement Copyright Fair Use Licensing 92

Kluwer Copyright Blog

MARCH 6, 2023

Examining Gender in Literature A study on the Transformation of Gender examined a collection of over 100,000 novels in the HathiTrust Digital Library collection from 1703 to 2009. HathiTrust, 755 F.3d 3d 87 (2d Cir.

Copyright 122

Copyright Social Media Publishing Licensing 122

LexBlog IP

AUGUST 31, 2022

’ [Simon Carty, Review Of The Defamation Act 2009 ]. Conversely, in Ireland, the Defamation Act 2009 did not expressly provide a “defence in the act of artistic expression, certainly no defence for comedic output or satiric commentary,” according to Simon Carty. Hey, What’s The Punch Line ? Some Final Thoughts.

Fair Use 52

Fair Use Trademark Moral Rights Law 52

SpicyIP

JANUARY 27, 2024

E.g. check Namratha’s post on CovEducatio and Fair Use and Divij’s take on the Legality of Digital Libraries in a Lockdown. Maybe it’s my fear of The Income Tax Act, which, borrowing from Prashant’s 2009 post , “sends shivers down my spine for more than one reason.” At least, not for me.

IP 64

IP Licensing Copyright Blogging 64

Technology & Marketing Law Blog

JANUARY 27, 2022

The first Supreme Court ruling on fair use in over a quarter-century, and it’s a good one. Previous year-in-review lists from 2020 , 2019 , 2018 , 2017 , 2016 , 2015 , 2014 , 2013 , 2012 , 2011 , 2010 , 2009 , 2008 , 2007 , and 2006. Yay, we got our first Supreme Court opinion interpreting the CFAA.

Social Media 125

Social Media Law Privacy Government 125

The IPKat

DECEMBER 9, 2022

Truth be told, the answer is simple – use of a copyright work requires its rightholder’s permission, unless an exception is applicable. Politicians keep using the “fair use” defence, arguing that the political use of the works serves a noncommercial purpose or falls within the parody exception.

Copyright 78

Copyright Music Fair Use Settlement 78

Technology & Marketing Law Blog

JANUARY 24, 2023

Previous year-in-review lists from 2021 , 2020 , 2019 , 2018 , 2017 , 2016 , 2015 , 2014 , 2013 , 2012 , 2011 , 2010 , 2009 , 2008 , 2007 , and 2006. 1203 (2022) How Santa Clara Law’s “Tech Edge JD” Program Improves the School’s Admissions Yield, Diversity, & Employment Outcomes (in process), __ Marq.

Law 113

Law Social Media Government Privacy 113