Patently-O

AUGUST 31, 2021

The focus of the case is copyrightability of the SAS statistical software and its outputs. SAS argues that it made a “plethora of creative choices” in developing its material, and that creativity is more than sufficient to satisfy the originality requirements of copyright law. Copyright Alliance Brief – Supporting SAS.

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

Technology & Marketing Law Blog

JANUARY 22, 2022

The IP arm of the Jehovah’s Witnesses (the “Watch Tower”) claimed that one such video, the “Dubtown Video,” infringed its copyright by incorporating snippets of its videos. The court says the Dubtown video wasn’t copyright infringing because of fair use: Purpose/Character of Use.

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Fair Use Copyright Infringement Marketing Marketing 129

TorrentFreak

AUGUST 6, 2021

People who post copyrighted videos to sites like YouTube need to ensure they have the necessary rights to do so. This can include uploads with appropriate licensing or content posted within the guidelines of ‘fair use’, including criticism or parody, for example. ” Why the Videos Are Of Interest to IWUF.

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Copyright Law Government Copyright Law 145

JIPL Online

MARCH 15, 2021

With more content comes the increased possibility that Netflix is engaging in copyright infringement and on the receiving end of copyright infringement claims. [1] 1] This blog will briefly summarize a few of the notable copyright infringement cases Netflix has defended against in the United States. SETTLEMENT CASES.

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

Copyright Lately

OCTOBER 24, 2022

The letter claimed that the director, an ad agency, and a popular theme park had all committed copyright infringement because a panda appeared in the background of their TV commercial. But if they appear on film without permission, even fleetingly, they could prompt a copyright infringement lawsuit. AI-Generated Art to the Rescue?

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Artwork Copyright Infringement Copyright Art 87

Kluwer Copyright Blog

FEBRUARY 13, 2022

In 2015, the Program on Information Justice and Intellectual Property (PIJIP) set out to conduct empirical research on the impact of copyright exceptions. We soon realized that information about the changes to copyright law over time – which would be especially useful for empirical studies – was lacking.

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Copyright Copyright Law Technology Fair Use 98

Technology & Marketing Law Blog

DECEMBER 31, 2021

” The opinion doesn’t clarify who is depicted in the photos or who owns those photos, other than to note that “Bayside registered its copyrights in the photos on November 2, 2020.” Due to the failed fair use defense, the court orders Twitter to comply with the 512(h) subpoena. Other Blog Posts on 512(h).

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IPilogue

DECEMBER 7, 2021

In 2015, Dorland decided to donate one of her kidneys to a stranger. There is no copyright in facts and historical events; however, writers can claim copyright in their letters if they are sufficiently original. ” so refreshing. Published by the New York Times on October 5 th , 2021, “Who is the Bad Art Friend?”

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Copyright Infringement Art Copyright Cease and Desist 111

LexBlog IP

JULY 22, 2021

There seems to be a belief that police service, when paired with a musical interlude, will prevent a recording of the interaction from being posted on social media due to algorithms that detect and remove videos incorporating copyrighted music (among other types of content).

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Music Fair Use Copyright Reporting 52

IP Intelligence

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.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S.

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Fair Use Licensing Music Art 105

Technology & Marketing Law Blog

JULY 5, 2022

Soon after, an entity called Bayside asserted copyright ownership of the photos and sent 512(c)(3) takedown notices to Twitter followed by a 512(h) subpoena to unmask CallMeMoneyBags. ” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ).

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Fair Use Plagiarism Copyright Marketing 93

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

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Derivative Work Copyright Law Copyright Law 107

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.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” ” (S.

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Fair Use Licensing Music Art 52

JIPL Online

APRIL 9, 2021

Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] ii] Existing copyright law is ineffective in its application to new forms of digital media. i] Memes are also a form of communication that distinguishes generations.

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Copyright Infringement Copyright Intellectual Property Blogging 98

LexBlog IP

OCTOBER 25, 2023

They do this to create works of fiction expressing the writers’ truths by using, altering, extending, or supplementing others’ reality, and sometimes even use what others have written about their own experiences. That question recently arose in Sonya Larson v. ” Let’s see why.

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Copyright Social Media Plagiarism Fair Use 52

The IPKat

OCTOBER 18, 2021

As readers may be aware, Nigeria is also on the journey to amending its copyright statute and last week, the Senate organised a joint public hearing on 2 copyright amendment Bills currently tabled before it. Here is what Desmond says: Nigeria quietly, but surely, embracing balance, openness and flexibility in her copyright regime?

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Copyright Copyright Law Licensing Government 80

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.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. emphasis original).

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Fair Use Licensing Music Art 40

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. 2015: [link].

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

False Advertising 64

False Advertising Advertising Advertising Copyright 64

Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. We, who have been writing and teaching about copyright law and how it has responded to challenges posed by new technologies for decades, were among those who submitted comments, see [link].

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95

Velocity of Content

DECEMBER 6, 2023

This post originally appeared in the Scholarly Kitchen on 11/28/23 Monday, October 30 was the final date for interested parties to submit comments to a comprehensive “ Notice of inquiry and request for comments ” issued by the United States Copyright Office entitled “Artificial Intelligence and Copyright.”

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Copyright Fair Use Licensing Copying 98

The IPKat

MARCH 24, 2024

for private use) and selling customized watches directly to customers on a larger scale. The same questions can of course be discussed from the perspective of copyright and other IP rights, which ensures many more interesting enforcement cases in the world of horology in the years to come.

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IP Marketing Marketing Reporting 70

JIPL Online

NOVEMBER 1, 2021

Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] Why Paywalled Monetization of Mods Makes Copyright Holders Threaten Litigation.

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Derivative Work Cease and Desist Blogging Litigation 59

Copyright Lately

DECEMBER 28, 2022

Remembering another lousy year with a countdown of the most ill-considered, unsatisfying and wrongly-decided copyright rulings of 2022. So what better way to commemorate 2022 than with a look at the worst copyright decisions from coast to coast? Remember: the smaller the numbers, the bigger the misses.

Copyright 82

Copyright Art Licensing Social Media 82

TorrentFreak

FEBRUARY 15, 2024

At the time, similar services were also being offered by several of Finland’s internet service providers but for the members of the Copyright Information and Anti-Piracy Center (CIAPC, also known as TTVK), this was a serious breach of copyright law. Financial issues would soon complicate the case, however.

Copyright Infringement 92

Copyright Infringement Copyright Fair Use Licensing 92

Copyright Lately

MAY 21, 2021

Is she weaponizing copyright? Rachel Dolezal, who now goes by the name Nkechi Diallo, became the subject of intense public scrutiny back in 2015 after it was revealed that she lied for years about being black. And if the photo was in fact taken by a third party, that person would own the copyright unless there was a later assignment.

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

43(B)log

AUGUST 4, 2021

Jacob Victor, Copyright’s Law of Dissemination: trying to disaggregate dissemination from use of a work in new creativity/e.g., transformative fair use. Judicial: Google Books/utility expanding fair use; Sony v. Kylie Pappalardo, Copyright licensing and distribution in Australia’s screen industries Pop.

Copyright 45

Copyright Licensing Fair Use Contracts 45

Plagiarism Today

AUGUST 18, 2021

Apple sued the company, alleging that it violated both their copyright and their rights under the Digital Millennium Copyright Act. However, a judge tossed the case, ruling that Corellium’s use was a fair use. 2: Federal Court Awards $29M in Statutory Damages for Copyright Infringement in Media Case.

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Settlement Copyright Infringement Fair Use Plagiarism 130

Velocity of Content

AUGUST 10, 2022

In the aftermath of Brexit, many publishers were wondering if the UK — with its strong tradition of supporting the rights of publishers, authors, and artists — would provide another voice in defense of copyright. The options ranged from no change to UK law, to improving the licensing environment, to offering new copyright exceptions.

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Law Licensing Publishing Intellectual Property 116

LexBlog IP

JANUARY 5, 2022

994 (2020) , a decision holding that the sovereign immunity of individual states prevented a copyright holder from recovering damages for infringement, I was a bit disheartened. Copyright Conundrums, Sovereign States, and IP Piracy (2020). Cooper, 140 S.Ct. ” Flynn, Queen Anne’s Revenge, Indeed!

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Intellectual Property Government Invention Copyright 52

Technology & Marketing Law Blog

AUGUST 15, 2022

This long-running lawsuit relates to publications made in 2015. ” Soon after publication in 2015, the adoption agency’s lawyer demanded a retraction. This Copyright Fair Use Opinion Discusses Jon Hamm’s Crotch 25 Times–Schwartzwald v. As usual with custody disputes, the facts are heartbreaking.

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Publishing Privacy Blogging Intellectual Property Law 102

LexBlog IP

AUGUST 31, 2022

Jacobs on the copyright side. Humor is also central to trademark infringement claims through notions of parody, and as part of copyright claims through satire. ii) For Laughs : Real Infringement Cases Impacted, In The US and Elsewhere, By Claims To Humor To Show Fair Use Or Non-Confusion. constitutional system.

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Fair Use Trademark Moral Rights Law 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit seeks a declaratory judgment that Trump owns the copyright in the sound recordings (or in the alternative, in his interview responses on the recordings), and that Trump is entitled to all or the lion’s share of the profits made from the sale of those recordings and transcripts, which the lawsuit (absurdly) values at almost $50 million.

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Copyright Blogging Publishing Fair Use 118

LexBlog IP

APRIL 20, 2022

As described here in a previous post: The United States Court of Appeals for the Second Circuit rejected an artistic intent or purpose test for fair use on March 26, 2021, in The Andy Warhol Foundation v. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. at 7-9) were transformative.,”

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Intellectual Property Music Copyright Fair Use 52

Technology & Marketing Law Blog

JANUARY 27, 2022

It creates a third asset for creators to sell, in addition to any physical item and the work’s copyright. The extra cash flows from NFTs could spur new creative activity–a win for all of us. The first Supreme Court ruling on fair use in over a quarter-century, and it’s a good one. Emerging Tech.

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Social Media Law Privacy Government 125

Technology & Marketing Law Blog

JANUARY 24, 2023

SMART Copyright Act. A very dumb law that would authorize the Copyright Office to force UGC sites to adopt expensive and overrestrictive technological controls as dictated by copyright owners. EARN IT Act. This bill started as a twofer: ban E2E encryption AND repeal Section 230 for CSAM claims. Still, the news was bad for hiQ.

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Law Social Media Government Privacy 113