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. That court found that most of Prince’s work was non-infringing (though several works still were) and the two sides ultimately settled the case in March 2014.

Fair Use 243

Fair Use Non-Fungible Tokens Copyright Social Media 243

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

43(B)log

FEBRUARY 16, 2022

Summary of argument: The constitutional goal of copyright protection is to “promote the progress of science and useful arts,” Art. But fair use protects precisely this kind of analysis. Separately, Apple’s free dissemination of iOS strongly favors fair use here. Patton, 769 F.3d 3d 1232, 1256 (11th Cir.

Derivative Work 90

Derivative Work Fair Use Copying Copyright 90

Technology & Marketing Law Blog

MARCH 15, 2022

Plus, the court says Fuxi had a legitimate motivation to send takedown notices because “Copyright holders have an obligation to police the field where their marks may be used and to give notice to potential infringers in order to preserve their rights.” New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Copyright 127

Copyright Cease and Desist Fair Use Litigation 127

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.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

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

TorrentFreak

MARCH 7, 2023

“I run this account since 2014 without earning any money from it for pure educational purposes. “I was hit by DMCA tens of times since 2014 and I was suspended once for 3 weeks. “I run this account since 2014 without earning any money from it for pure educational purposes. On the other hand he has a business.

Copyright 138

Copyright Copying Business Licensing 138

Copyright Lately

DECEMBER 29, 2021

Instead of directly deciding whether the Java API declaring code copied by Google to create its Android smartphone platform was even subject to copyright protection in the first place, the court shoehorned the copyrightability question into a fair use analysis. Wilmott Storage Services.

Copyright 114

Copyright Fair Use Social Media Copying 114

Erik K Pelton

DECEMBER 20, 2022

which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US. The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. 2014: [link].

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

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

The IPKat

FEBRUARY 3, 2023

Further to the UK departure from the EU and the obvious fact that the UK did not transpose the DSM Directive into its own law, a debate emerged as to whether the scope of the 2014 E&L should be broadened.

Government 141

Government Related Rights Copyright Law 141

Intellectual Property Law Blog

JUNE 20, 2023

Thus, copyright questions implicated by generative AI ( e.g. , fair use), which have received the most significant press attention so far, are not the only pivotal intellectual property issues that require policy level attention. 208 (2014)? CLS Bank International, 573, U.S.

Patent 130

Patent Invention Art Patent Application 130

Kluwer Copyright Blog

FEBRUARY 2, 2023

Text and data mining There is wide disparity in the scope of exceptions in national copyright laws permitting copying for the use of training AI. Parody, pastiche and caricature The EU’s harmonised copyright exceptions for parody, pastiche and caricature ( introduced into UK law in 2014) was tested in the UK , France and Italy.

Copyright 145

Copyright Art Fair Use Registration 145

Copyright Lately

AUGUST 2, 2022

While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. The Musical Parody ,” “The Unofficial Bridgerton Musical” isn’t the type of parody musical that courts have often found to be fair use under the Copyright Act. Petrella v.

Music 104

Music Derivative Work Fair Use Cease and Desist 104

SpicyIP

JULY 29, 2021

Secondly, imposing a straightjacket 10% limit is patently absurd as DU Photocopy had explicitly upheld the reasonable-nexus approach to determine permissible amount of copying (previously suggested by Prof Basheer ): ‘ utilization of the copyrighted work would be a fair use to the extent justified for purpose of education ’ (para 33, Div.

Copyright 119

Copyright Reporting Fair Use Copyright Law 119

SpicyIP

NOVEMBER 10, 2023

On occasion, an infringing material might be saved by the fair use exemption under Copyright Act ( here ). Earlier, in 2014, Calcutta HC entrusted Computer Emergency Response Team, India (CERT-IN) with the responsibility of blocking websites and URLs which were infringing copyright ( here ). 239 of this ).

Copying 52

Copying Copyright Copyright Infringement Fair Use 52

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Court of Appeals for the Second Circuit rejected Jeff Koons’ fair use argument ( section 107 of the Copyright Act 1976 ) based on parody ( Rogers v. The Centre Pompidou Museum presented ‘Naked’ in 2014 in the framework of a retrospective exhibition of the work of Jeff Koons in Paris. Koons , 960 F.2d 2d 301, 2d Cir.

Derivative Work 107

Derivative Work Copyright Law Copyright Law 107

IP and Legal Filings

FEBRUARY 9, 2022

Turning to FCA’s nominative and fair use defence, the court applied the New Kids on the Block test to evaluate likelihood of confusion. And third, the court determined that FCA could “tack on” Chrysler’s prior use of the trademarks before it merged with Fiat Group in 2014.

Trademark 52

Trademark Licensing Registration Fair Use 52

IP and Legal Filings

FEBRUARY 9, 2023

Hathi Trust [viii] the US Court held that digitalization for full text search and acess for print disable readers is covered under Fair use and laid down the procedure for the accessibility of copyrighted work to people with disability. Lacuna: Copyright Act. In Authro Guild v. 3d 87 (2d Cir. first appeared on IPLF.

Copyright 78

Copyright Contracts Copying Licensing 78

LexBlog IP

JUNE 20, 2023

Thus, copyright questions implicated by generative AI ( e.g. , fair use), which have received the most significant press attention so far, are not the only pivotal intellectual property issues that require policy level attention. 208 (2014)? CLS Bank International, 573, U.S.

Patent 52

Patent Invention Art Intellectual Property 52

IP Tech Blog

MARCH 18, 2022

Although NFTs have been around since 2014, their far-reaching, multi-layered legal implications are just now being recognized. As evidenced by the METABIRKINS imbroglio, businesses and brand owners should be on high alert for use of their intellectual property, now that digital currency, blockchain, and NFTs are becoming more mainstream.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

SpicyIP

DECEMBER 20, 2023

In 2014, the Bombay High Court restrained the singer Mika Singh and the recording label OCP Music from publishing an advertisement that impinged Sonu’s personality rights. Around a decade ago, Google was caught in some similar controversy over its Google Books Library Project where its use was held permissible under fair use.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

JIPEL Copyright Blog

APRIL 13, 2022

The YouTube channel WatchMojo uploaded a three-part series criticizing the Content ID system and estimating that over $2 billion was unlawfully claimed via the system between 2014 and 2019 (while a 2018 report from Google found that Content ID was responsible for over $3 billion in ad revenue being redirected to copyright holders in total).

Copyright 40

Copyright Public Domain Fair Use Ownership 40

LexBlog IP

MARCH 18, 2022

Although NFTs have been around since 2014, their far-reaching, multi-layered legal implications are just now being recognized. As evidenced by the METABIRKINS imbroglio, businesses and brand owners should be on high alert for use of their intellectual property, now that digital currency, blockchain, and NFTs are becoming more mainstream.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

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

43(B)log

MAY 22, 2023

From 2014-2018, the posts at issue used revealing photos of the plaintiffs against ad copy linked thematically to the visual, e.g., a picture of one plaintiff “in an apparent school uniform that included a short plaid skirt, captioned: ‘Friday Oct 17th SEXY SCHOOL GIRL PARTY!

Social Media 49

Social Media False Advertising Advertising Advertising 49

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. Financial issues would soon complicate the case, however.

Copyright Infringement 92

Copyright Infringement Copyright Fair Use Licensing 92

Technology & Marketing Law Blog

AUGUST 1, 2023

The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use. 431 (2014). Therefore, Perfect 10 has made a prima facie case that Google’s communication of its stored thumbnail images directly infringes Perfect 10’s display right. 3d at 1160.

Blogging 95

Blogging Copying Social Media Copyright 95

43(B)log

DECEMBER 20, 2022

But also, the documentaries weren’t substantially similar, and, “even if the 2013 Documentary is substantially similar to the 2001 Documentary under the fragmented literal similarity test due its use of clips from the 2001 Documentary, Plaintiffs’ claim with respect to this documentary is barred by the fair use doctrine.”

Fair Use 52

Fair Use Trademark Copyright Editing 52

The IPKat

OCTOBER 12, 2022

The Miniaturist is the 2014 debut novel of English actor and author Jessie Burton. An international bestseller, it was the focus of a publishers' bidding war at the 2013 London Book Fair.[2] Gnawed at by this uncertainty, this Kat did a quick check online for "The Miniaturist".

Law 126

Law Trademark Public Domain Licensing 126

Kluwer Copyright Blog

MARCH 6, 2023

The study was made possible through the reproductions of books by the Google Books project and provided to the HathiTrust, whose making available of the resource for text and data mining research was held to be a fair use in Authors Guild v. HathiTrust, 755 F.3d 3d 87 (2d Cir.

Copyright 122

Copyright Social Media Publishing Licensing 122

The IPKat

AUGUST 6, 2023

originality, what is idea and what is expression, what are the elements of and standards for substantial similarity and in the USA, fair use. These foundational issues have kept black robed people busy for centuries and will continue to do so. I am happy with that since it is the most efficient way such issues can be resolved.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Copyright Law 52

LexBlog IP

SEPTEMBER 29, 2022

In the US, other sound marks include Law & Order ’s ca-chung chung (as Reg. 3137680), the lightsaber sound from Star Wars (as Reg. 3618321), and “[t]he NBC chimes sequence [, which] actually became the first ‘purely audible’ service mark to register with the USPTO in 1950.”

Trademark 52

Trademark Registration Music Intellectual Property 52

LexBlog IP

JANUARY 5, 2022

34,] 51-61[(2014) ]. See, e.g., Mazzone, Jason, Copyright Easements, 50 Akron Law Review 725 (2015) ; Karl Kowallis, Treating Fair Use as an Easement on Intellectual Property, 2018 BYU L. .”); see also Ruckelshaus, 467 U.S. at 1011, 104 S.Ct. 2862 ; Note, [Copyright Reform and the Takings Clause,] 128 Harv. 1073 (2019).

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

SpicyIP

JANUARY 27, 2024

In 2014, India signed and ratified the treaty. In 2014, the NPPA capped the prices of drugs, causing a stir in the pharmaceutical industry. E.g. check Namratha’s post on CovEducatio and Fair Use and Divij’s take on the Legality of Digital Libraries in a Lockdown. See also Swaraj’s post on this. See also here ).

IP 64

IP Licensing Copyright Blogging 64

LexBlog IP

AUGUST 31, 2022

Sullivan: No Joking Matter-50 Years Of Protecting Humor, Satire And Jokers ,” 12 First Amendment Law Review 497 (2014) (quoting Gerald C. ii) For Laughs : Real Infringement Cases Impacted, In The US and Elsewhere, By Claims To Humor To Show Fair Use Or Non-Confusion. ” [Gutterman, “ New York Times Co.

Fair Use 52

Fair Use Trademark Moral Rights Law 52

43(B)log

JULY 21, 2023

Even if they were generic uses, two articles and one opinion weren’t sufficient to overcome the “strong presumption” of validity of a registered mark. Likely confusion: Obviously, this is a nominative use. But is it a nominative fair use? Toyota Motor Sales v.

False Advertising 52

False Advertising Advertising Advertising Social Media 52