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.” (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. Goldsmith , 598 S.

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Kluwer Copyright Blog

JANUARY 15, 2024

It sought public views on various copyright enforcement challenges, including industry-led enforcement mechanisms, the website blocking scheme that was introduced in Australia in 2015, a statutory safe harbour and notice and take-down scheme, access to courts in copyright disputes, especially small ones, and remedies for copyright infringements.

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Technology & Marketing Law Blog

JULY 5, 2022

” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ). Nature of the use. The photos were already published, which weighs in favor of fair use. ” This also weighs in favor of fair use (?). Amount taken.

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TorrentFreak

OCTOBER 28, 2021

According to the Office, the current limitations hinder fair use modifications of these devices. “Proponents have satisfied their burden of showing that technological measures applied to video streaming devices and routers or other networking devices are having, or are likely to have, an adverse effect on noninfringing uses. .”

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IP and Legal Filings

JUNE 26, 2023

Descriptive use of numbers The descriptive use of a numeral on the label of goods or services is the fair use defence that is often invoked in infringement and passing off suits. For instance, use of a numeral to denote the strength of alcohol content on the label of bottle is a fair use.

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The IPKat

SEPTEMBER 25, 2023

In 2015, the Cancellation Applicant filed a request for revocation of Ferrari’s International trade mark ‘Testarossa’, designating (amongst others) the European Union, initially registered by Ferrari in connection with the premier of its sports car series from the 80’s and 90’s.

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LexBlog IP

JULY 22, 2021

This would include a belief that the display or performance of the copyrighted material in the video was covered under fair use. So would the inclusion of the Taylor Swift or Sublime song recorded in the police/civilian interaction videos mentioned above constitute fair use? Pursuant to the 2015 case of Lenz v.

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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.

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Copyright Lately

AUGUST 22, 2021

The complaint raised concerns that Dolezal was using copyright law to purge the historical record of her controversial past, while seeking substantial monetary damages in the process. The defendant, CBS Interactive, had a solid fair use defense, but never needed to assert it.

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JIPL Online

MARCH 15, 2021

In another public domain case from 2015, Netflix was sued for copyright infringement, because the Plaintiff film distributor asserted that while the Italian film “The Bicycle Thief” was in the public domain, the subtitled version of “The Bicycle Thief” was not in the public domain. [7] 22, 2015), [link]. [8] 22, 2015), [link]. [8]

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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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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).

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TorrentFreak

AUGUST 6, 2021

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

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Copyright Law Government Copyright Law 145

Patently-O

AUGUST 31, 2021

Although the Supreme Court eventually sided with Google on fair use grounds, it did not disturb the Federal Circuit’s copyrightability decision that strongly supported copyright protection even for functional software. 702 (2015). Now the other-side has had its chance to respond, including substantial amicus support.

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Copyright Lately

OCTOBER 24, 2022

Fair use and de minimis defenses are often unreliable, and even if you have a solid case, defending copyright infringement lawsuits is an expensive proposition. In 1997, the Second Circuit reversed the district court’s finding that BET made fair use of Faith Ringgold’s “Church Picnic Story” quilt.

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IPilogue

DECEMBER 7, 2021

In 2015, Dorland decided to donate one of her kidneys to a stranger. If transformative, Larson’s appropriation may amount to nothing more than , which is not in itself actionable; if derivative, Larson’s actions may constitute copyright infringement unless she can successfully argue fair use. ” so refreshing.

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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. Personal or Private Uses.

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The IPKat

MARCH 24, 2024

for private use) and selling customized watches directly to customers on a larger scale. These questions are often discussed in IP circles under the heading of sustainability, upcycling, and the right to repair (see IPKat posts here , here , and here ).

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43(B)log

DECEMBER 18, 2023

(Applause to the court for separately considering protectability and substantial similarity instead of just considering them in factors two and three of the fair use analysis, which courts often unfortunately do.) Though MiTek’s use was commercial, so was Simpson’s, and there was more scope for fair use of its highly factual work.

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IP and Legal Filings

JANUARY 22, 2024

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. Digital Rights Management & Fair Use If everything is so well designed, then where is the issue?

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LexBlog IP

OCTOBER 25, 2023

The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before. ” With a mixed bag present on the substantial similarity analysis, the District Court moved on to looking at fair use itself. .” Let’s see why. ’ Piccone v. Bartels , 785 F.3d

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Copyright Social Media Plagiarism 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. Since the 2015 judgment, the freedom of expression defence has been used in many copyright cases. court about 20 years ago by Art Rogers, a professional photographer.

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The IPKat

OCTOBER 18, 2021

The reform process led to the production of a Draft Copyright Bill (DCB), which was open for comments sometime in 2015 by the Nigeria Copyright Commission (NCC), to repeal the extant Act and re-enact a new Act in Nigeria. The extant Copyright Act was enacted in 1988, with some amendments in the early and late 90s.

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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.

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IP Whiteboard

JULY 8, 2020

as the classic fair use doctrine which protects anyone who uses a descriptive term “fairly and in good faith” to describe their own goods). 2] (2015) 237 FCR 388. There are already protections in place to ensure that owners of generic marks do not have a monopoly over the generic terms (e.g. what is known in the U.S.

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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. 8, 2015), [link]. xviii] Caitlin Dewey, How Copyright is Killing Your Favorite Memes , The Washington Post (Sept. Minc Law (Sept. 21, 2021).

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Copyright Infringement Copyright Intellectual Property Blogging 98

Velocity of Content

DECEMBER 6, 2023

Word embeddings are usually stored in vector databases but a detailed description of all the approaches to storage is beyond the scope of this response since there is a wide variety of vendors, processes, and practices that are in use. law has no specific rules governing the use of copyrighted materials to train AI. TVEyes, Inc.,

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Copyright Fair Use Licensing Copying 98

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. domain and later through a.com variant.

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Copyright Infringement Copyright Fair Use Licensing 92

JIPL Online

NOVEMBER 1, 2021

19] After classifying the mod as derivative, the court rejected other protections such as fair use doctrine as defenses to the paid mod. [20] Explaining how individual donation links used to provide minimal income). [9] 9] Colin Sullivan, Crowdfunding Mods , Game Developer (April 29, 2015), [link]. [10] 12] Midway Mfg.

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Plagiarism Today

AUGUST 18, 2021

However, a judge tossed the case, ruling that Corellium’s use was a fair use. Clanton, who performs under the name Slugga, claimed that 2 Chainz ripped off his 2015 song of the same name. In addition to the name and themes, Clanton pointed to a specific lyric “I’m tryna make my momma proud.”

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Copyright Lately

MAY 21, 2021

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. Dolezal claims that the CBS-owned website ETonline.com infringed the photo by reproducing it without permission in a June 2015 article about the controversy.

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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. Also purpose as a consideration in finding infringement. So what is available to the Australian public?

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IP and Legal Filings

OCTOBER 28, 2023

TARNISHMENT Unauthorized use of famous mark which is offensive, inappropriate in connection with a similar mark or trade name.Tarnishmentmainly occurs when the product is contrary to the corporate values of the trademark owner and another form is to offend or criticize the trademark’s owner. “ 2015) What is trademark dilution?

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Trademark Registering Trademarks Trademark Law Branding 76

Velocity of Content

AUGUST 10, 2022

In this way the law will go much further than US fair use (which looks closely at lost market harm such as licensing revenue — actual and potential) and the laws of the EU, which allow opt-out. In 2015, the UK music industry successfully sued the UK government to block a private copying exception.

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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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Copyright Lately

DECEMBER 28, 2022

” But in McGucken , the court denied summary judgment, not only as to the server test, but on Newsweek’s implied license and fair use defenses too. In 2015, Morford posted “Banana and Orange” to his Facebook page, where it was “liked” by all of five people. Breitbart became the first S.D.N.Y.

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LexBlog IP

JANUARY 5, 2022

973,] 980 [(2015) ]; [Pascal] Chapdelaine, [The Property Attributes of Copyright,] 10 Buff. 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. Nation Enters., 539, 546, 105 S.Ct. 2218, 85 L.Ed.2d

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