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.
IPilogue
FEBRUARY 28, 2023
In 2011, to enforce the decision in the States, De Fontbrune brought the case to California who ruled in Wofsy’s favour in 2019. The plaintiffs argued that the book has a commercial purpose, which weighs against fair use. Nevertheless, the fair use defence remains a gamble for artists and creatives.
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Kluwer Copyright Blog
FEBRUARY 28, 2024
Such uses, they argue, constitute copyright infringement. Fair Use Precedent? Google Books and Transformative Use The past two decades have seen a wealth of technological developments, but generative AI is qualitatively different from everything that has come before. However, the U.S.
Plagiarism Today
SEPTEMBER 28, 2021
” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works. As for the case itself, it was settled in 2011 with neither side surrendering their position. He was ultimately fined and sentenced to two years probation for it.
Copyright Lately
MAY 17, 2021
And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. Jason Segel and the Muppets on SNL (2011). The Supreme Court’s seminal fair use decision, Campbell v.
TorrentFreak
AUGUST 19, 2021
The Internet Archive (IA) sees things differently, noting that its ‘Controlled Digital Lending’ process operates for purposes including preservation, access and research, therefore meeting ‘fair use’ standards. In parallel, IA believes its liability is limited due to the safe harbor provisions of the DMCA.
Biswajit Sarkar Copyright Blog
DECEMBER 20, 2022
There are certain exceptions to copyright infringement that can be used as a shield in such cases. Firstly, the exception of fair use. One has to check if the way in which the photograph is being used falls within the scope of fair use. This time, in 2013, the judgement in favour of Cairou was overturned.
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