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

The IPKat

MARCH 24, 2024

Horology is however a market steeped in history with its own unwritten rules and customs. It is famously a market where supply and demand is meticulously controlled by the big watchmakers and consciously kept misaligned. It is not enough for you to simply have the money to buy your long sought grail watch from the likes of F.P.

IP 70

IP Marketing Marketing Reporting 70

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.

Music 52

Music Fair Use Copyright Reporting 52

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

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]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

43(B)log

DECEMBER 18, 2023

Simpson’s structural connectors are specified on most construction drawings in the US; its market share is over 75%. A contractor may request that a different connector be used, but may not use a different connector or otherwise deviate from the construction documents without the engineer’s approval.

False Advertising 64

False Advertising Advertising Advertising Copyright 64

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. ix] Just a brief glimpse at a meme can demonstrate just how little copyright protected material is used. [x] 29, 2013), [link]. [ii]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Patently-O

DECEMBER 11, 2023

In our view, the FTC plays a vital role in keeping markets open and honest, and we have long been admirers of the intelligence and energy that the agency brings to that task. More specifically, we recognize the usefulness of examining intellectual property issues through the lenses of competition and consumer protection.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

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

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

Velocity of Content

DECEMBER 6, 2023

Copyrighted materials are licensed for AI use directly by rightsholders and collectively through rights aggregators such as CCC. Our current AI-related offerings are focused on the corporate, research, academic and education markets. law has no specific rules governing the use of copyrighted materials to train AI. TVEyes, Inc.,

Copyright 98

Copyright Fair Use Licensing Copying 98

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.

Derivative Work 106

Derivative Work Copyright Law Copyright Law 106

TorrentFreak

FEBRUARY 15, 2024

Given the ongoing shift in the TV market away from terrestrial and satellite delivery in favor of IP-based services, cloud recording services are no longer the big deal they once were. Copyright holders weren’t being paid for the use of their content and TVkaista wasn’t offering to share any revenue.

Copyright Infringement 94

Copyright Infringement Copyright Fair Use Licensing 94

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. UK campaign to investigate academic ebook market is a similar push.

Copyright 45

Copyright Licensing Fair Use Contracts 45

Velocity of Content

AUGUST 10, 2022

By way of background, the EU, as part of its Digital Single Market Copyright Directive , looked at the then-extant UK copyright exception for the making of copies of copyrightable works to perform text and data mining (TDM) in a non-commercial context. This exception will accelerate revenue decline and reduced output.

Law 116

Law Licensing Publishing Intellectual Property 116

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. Huffington Post appeared first on Technology & Marketing Law Blog.

Publishing 108

Publishing Privacy Blogging Intellectual Property Law 108

LexBlog IP

JANUARY 5, 2022

973,] 980 [(2015) ]; [Pascal] Chapdelaine, [The Property Attributes of Copyright,] 10 Buff. Maclean Hunter Market Reports, Inc., 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.,

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

LexBlog IP

AUGUST 31, 2022

ii) For Laughs : Real Infringement Cases Impacted, In The US and Elsewhere, By Claims To Humor To Show Fair Use Or Non-Confusion. ” Many of these issues on the trademark side could be addressed in the Jack Daniels matter if the US Supreme Court grants cert. Eleonora Rosati, “Just a laughing matter?

Fair Use 52

Fair Use Trademark Moral Rights Law 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment? Absent consent, fair use, or a First Amendment defense, publishing the interviews without Trump’s consent is therefore a violation of his copyright.

Copyright 124

Copyright Blogging Publishing Fair Use 124

Patently-O

DECEMBER 12, 2021

Missouri’s predominant purpose test, which inquires into whether the predominant purpose of using the famous person’s name or identity is to exploit its commercial value; or whether “the predominant purpose of the product is to make an expressive comment on or about a celebrity.” [15] 2015) (en banc) (holding that 15 U.S.C. 9] 447 U.S.

Registration 69

Registration Government Advertising Advertising 69

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.,”

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52

Technology & Marketing Law Blog

JANUARY 27, 2022

The first Supreme Court ruling on fair use in over a quarter-century, and it’s a good one. Previous year-in-review lists from 2020 , 2019 , 2018 , 2017 , 2016 , 2015 , 2014 , 2013 , 2012 , 2011 , 2010 , 2009 , 2008 , 2007 , and 2006. Yay, we got our first Supreme Court opinion interpreting the CFAA.

Social Media 132

Social Media Law Privacy Government 132

Technology & Marketing Law Blog

JANUARY 24, 2023

Two recent key developments were the Digital Markets Act and the Digital Services Act. This discourages visits to new sites, which will reward incumbents and thwart new market entrants. And yet…a #MAGA Ohio judge sealioned his rejection of Google’s motion to dismiss. at greater risk. 18, 2022 NetChoice LLC v.

Law 118

Law Social Media Government Privacy 118