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. Prince appealed to the Second Circuit Court of Appeals, which largely reversed that decision in April 2013. 3: The Andy Warhol Ruling. Bottom Line.

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JIPEL Copyright Blog

APRIL 11, 2022

Outside of consent from the original work’s author, the best legal defense for appropriation art is the doctrine of fair use. While Goldsmith had licensed the Prince photograph to be used by Andy Warhol for a piece commissioned by Vanity Fair in 1984, the license ended there. Prince , 714 F.3d

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Patently-O

OCTOBER 11, 2022

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. Warhol was never personally a party to the license). 21-869 (2022).

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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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IP and Legal Filings

FEBRUARY 9, 2023

Marrakesh Treaty Marrakesh Treaty was adopted on June 27, 2013, to facilitate access to published works for people who are Blind Persons, Visually Impaired Persons, or Print Disabled (hereinafter beneficiary) who refrains from indulging in any printed form of copyrighted work. Lacuna: Copyright Act. In Authro Guild v.

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Plagiarism Today

JULY 8, 2021

The most vocal critics were in the open-source programming community , who were upset that GitHub trained their AI on significant amounts of open-source code and can even reproduce that code verbatim in some circumstances, but does not follow the respective open-source licenses. Is it so short that its use is a fair use?

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The Art Law Blog

MARCH 27, 2021

That's how I ended my post on the Second Circuit's Prince-Cariou decision, back in 2013. One was that " this Judge saw this particular use as transformative. On this reading, there's still no way to have any confidence about how any given fair use case will be decided." More commentary as it comes in.

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The IPKat

FEBRUARY 3, 2023

On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe. It should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law.

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IPilogue

AUGUST 3, 2021

Thankfully, after endless lobbying from thousands of dedicated fans, Nintendo eventually re-released Earthbound for the Nintendo WiiU Virtual Console in 2013 and for the Nintendo 3DS in 2016—a move that finally allowed fans legal and affordable access to the game. How Does Sony Fit into This?

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JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. This is demonstrated by corporations repeatedly using memes and meme culture, albeit to varying degrees of success.

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Copyright Infringement Copyright Intellectual Property Blogging 98

SpicyIP

DECEMBER 20, 2023

Notably, Monsanto’s matter had several layers including the State Governments seeking to regulate IP licensing fees, and the Indian seed companies who previously licensed technology from Monsanto, refusing to pay royalties to Monsanto. To get an overall picture, see Prashant’s post “ The Rs. Feels like history is repeating itself.

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Personality Rights IP Licensing Copyright 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.

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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. This left only the fair use defense remaining for the jury.

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43(B)log

DECEMBER 20, 2022

Nathan directed the allegedly infringing 2013 Documentary, which “tells the story of Pug, a thirteen-year-old child who wants to be a ‘12 O’Clock Boy,’ just like [he] has repeatedly watched in [the 2001 and 2003 Documentaries].” Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore. Nathan, F.Supp.3d

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LexBlog IP

JUNE 27, 2023

” She continued: “ today’s decision—all the majority’s protestations notwithstanding—leaves our first-factor [for fair use] inquiry in shambles.the majority plants itself firmly in the ‘I could paint that’s school of art criticism.’” ’” Take that. Prince , 714 F.3d

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The IPKat

OCTOBER 12, 2022

An international bestseller, it was the focus of a publishers' bidding war at the 2013 London Book Fair.[2] One should distinguish this from a situation where the book title is wholly descriptive, e.g., a book entitled "Patent Licensing". International license. So, there it is. It was sufficient, until it wasn't.

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43(B)log

FEBRUARY 4, 2023

Justin Koo, Exporting Fair Use to Developing Copyright Systems Difficult to grow when the law doesn’t have flexibility—across the Commonwealth Carribean. Either involuntarily imposed on us or adopted from UK w/o adaptation to local needs/lack of resources in former colonies. Will importing fair use solve any problems?

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Copyright Lately

OCTOBER 25, 2021

The judge rejected BMG’s fair use defense, holding that the defendants took more elements from the “Nightmare on Elm” street films than they needed to accomplish any parodic purpose. In 1999, Cinema Secrets licensed the right to sell a Michael Myers Halloween mask from the film’s copyright owner.

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LexBlog IP

JANUARY 5, 2022

But the Texas courts found no taking, reasoning that nothing was taken from the photographer as he still had the right to use, and license others to use, his photographs. ” When a governmental entity infringes, it is using the inventor’s, or the author’s, creation without license or payment.

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43(B)log

JUNE 24, 2022

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? Yet the company is aggressive against anyone using that term.

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SpicyIP

JANUARY 27, 2024

Basheer’s December 2013 post , Rahul was a dedicated campaigner, though his physical departure preceded the realization of his efforts into law. In 2013, the Agreement was reached on the Treaty for the Visually Impaired! As noted in Prof. See also Swaraj’s post on this. In 2014, India signed and ratified the treaty.

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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.

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