IPilogue

OCTOBER 1, 2022

Typically, tattoo aftercare instructions include strictly hygienic recommendations, but tattoo artist Kat Von D might have a unique suggestion: prepare to be an exhibit in a copyright infringement lawsuit. for copyright infringement under the Copyright Act of 1976. Sedlik (“Sedlik”) filed a complaint in the U.

Copyright Infringement 130

Copyright Infringement Fair Use Art Copyright 130

Olartemoure Blog

JANUARY 18, 2023

The legal battle started in 2017 between the estate of Andy Warhol and photographer Lynn Goldsmith , over the use of Goldsmith’s images of the late musician Prince. In 1984, Vanity Fair licensed one of her black-and-white studio portraits for $400 and commissioned Warhol to create a piece for a feature of Prince.

Copyright 98

Copyright Artwork Copyright Infringement Fair Use 98

LexBlog IP

APRIL 18, 2022

Supreme Court recently granted a petition for writ of certiorari (docket, here ) to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. Goldsmith counterclaimed for copyright infringement.

Fair Use 40

Fair Use Copyright Art Copyright Law 40

The IPKat

SEPTEMBER 12, 2022

This blog has already covered the decision of the Rome Court of First Instance concerning a copyright infringement claim concerning a fictional character. The Rome Court of First Instance, which also considered (and applied) the US doctrine of fair use, eventually dismissed the action.

Fair Use 52

Fair Use Copyright Infringement Copyright Blogging 52

Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. Fair Use Precedent? Google Books and Transformative Use The past two decades have seen a wealth of technological developments, but generative AI is qualitatively different from everything that has come before. However, the U.S.

Fair Use 137

Fair Use Copyright Moral Rights Copyright Law 137

Copyright Lately

JUNE 2, 2022

In a 30-page order, the district court largely denies both parties’ motions for summary judgment, finding triable issues on substantial similarity and fair use. and High Voltage Tattoo) asked the court to determine that the use of Sedlik’s photo as a reference image qualified as a fair use of the copyrighted work.

Fair Use 104

Fair Use Social Media Copyright Copyright Infringement 104

IPilogue

APRIL 12, 2022

While useful, they raise concerns of potential copyright infringement. In 2017, AmoGood was involved in the first Chinese legal action against movie recap producers. G Movie began producing movie recaps in 2017 and has 1.84 His video channel on Bilibili, a popular Chinese video website, has over 2.42

Intellectual Property Law 119

Intellectual Property Law Television Copyright Infringement Fair Use 119

JIPL Online

APRIL 9, 2021

In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Technology & Marketing Law Blog

MARCH 6, 2022

Babybus runs a competitive channel that Moonbug believes infringes its copyrights. An example: Moonbug submitted takedown notices to YouTube covering at least 70 videos and sued Babybus for copyright infringement. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Babybus counterclaimed for 512(f).

Fair Use 95

Fair Use Cease and Desist Copying Copyright Infringement 95

IP and Legal Filings

JUNE 12, 2023

Since copying was for the purpose of criticism, it amounted to fair dealing and did not constitute infringement of the copyright. Anand case is the ultimate and all-encompassing test for copyright infringements involving films that are similar to original films in order to prove the levels of plagiarism or likeness.

Copyright Law 81

Copyright Law Copyright Law Copyright Infringement 81

Technology & Marketing Law Blog

AUGUST 8, 2021

The Television Academies sued Goodman for copyright infringement, trademark infringement and dilution, and defamation. Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use.

Fair Use 129

Fair Use Television Cease and Desist Copyright 129

LexBlog IP

MAY 31, 2023

The Court held that the first factor of the copyright fair use test favored respondent photographer, Lynn Goldsmith, rather than petitioner, Andy Warhol Foundation for the Visual Arts (“AWF”). In response, AWF sued Goldsmith, seeking a declaratory judgment of non-infringement, or alternatively, fair use.

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Fair Use Licensing Copyright Editing 52

Kluwer Copyright Blog

OCTOBER 3, 2023

In the plaintiffs’ reasoning, the development of the AI by Google began in 2017, when it introduced the “Transformer” neural network, a revolutionary framework underpinning the LLM. 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir. 3d 723, 743 (9th Cir. Church of God, Inc.,

Fair Use 136

Fair Use Privacy Copyright Technology 136

Technology & Marketing Law Blog

OCTOBER 4, 2022

But if they want to be double-sure, send a takedown notice on any grounds other than copyright infringement and voila! Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin. * How Have Section 512(f) Cases Fared Since 2017?

Cease and Desist 84

Cease and Desist Fair Use Copyright Blogging 84

BYU Copyright Blog

MAY 10, 2021

As such, the purpose and character factor weigh[ed] in favor of finding fair use."Second, Second, the court considered the nature of the copyrighted work. According to the court, the portion used by Eagle Mountain was "undeniably factual." found] that this factor weigh[ed] heavily in favor of finding fair use."Third,

Fair Use 52

Fair Use Copyright Copyright Infringement Marketing 52

IPilogue

DECEMBER 13, 2022

In 1984, Vanity Fair magazine received a licence from photographer Lynn Goldsmith to use her 1981 portrait of Prince, which she had shot on assignment for Newsweek. In determining fair use according to the statute, one of the primary points of contention involved the meaning behind the “purpose and character” of the alleged use.

Art 79

Art Fair Use Intellectual Property Licensing 79

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. All of these facts placed Defendant on actual notice that it was highly likely that, in fact, Plaintiff’s Sticker Sheet was not infringing the Subject Design.

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Registration Fair Use Copyright Designs 111

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

IIPRD

APRIL 8, 2024

The ambit of IPR when it comes to recognizing these AI generators and whether they are also capable of copyright infringement by transforming other creators work has been discussed in detail in the article. 6] If these claims will be justified then the penalties will be placed for said infringement. [7] 5] Andersen v.

Art 52

Art Artwork Intellectual Property Copyright Law 52

JIPEL Copyright Blog

MARCH 9, 2022

From July 2017 to April 2018, the Art Gallery of Ontario (the “AGO”) staged an exhibition titled “ ReBlink ,” which urged visitors to “[t]ake a second look… with a modern lens:”. For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

IPilogue

OCTOBER 28, 2021

In other words, one cannot avoid copyright infringement by merely reproducing a copyrighted work on a shirt or other “useful article.” While this may not apply to most costumes, this can prevent retailers from replicating images of Disney princesses and other copyrighted characters onto their clothing.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

LexBlog IP

OCTOBER 25, 2023

Larson also sought a declaration that she owns the copyright to The Kindest and that the letter in the short story does not infringe Dorland’s copyright. Dorland counterclaimed for copyright infringement, claiming that Larson’s use of Dorland’s letter was a violation of intellectual property law.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

Kluwer Copyright Blog

SEPTEMBER 1, 2021

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. Out of interest, I will start by briefly mentioning (without studying the case) the first copyright infringement case Jeff Koons lost, which was brought before a U.S.

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Derivative Work Copyright Law Copyright Law 107

Plagiarism Today

MARCH 3, 2022

1: Dua Lipa Sued for Alleged Copyright Infringement Over Hit Single Levitating. First off today, Murray Stassen at Music Business Worldwide reports that musician Dua Lipa has been hit with a copyright infringement lawsuit that claims her 2020 hit Levitating is an infringement of an earlier song. in fees.

Settlement 206

Settlement Copyright Infringement Licensing Fair Use 206

TorrentFreak

OCTOBER 1, 2023

Full credits go to the copyright owner. No copyright infringement intended.” Success, Fair Use and Lawsuits With lots of hard work and even more luck, these channels could one day be as successful as the award-winning H3 Podcast.

Fair Use 94

Fair Use Copyright Copying Copyright Infringement 94

Kluwer Copyright Blog

JUNE 9, 2022

In legal systems relying on open standards such as the US, fair use has been identified by some authors as a powerful bias mitigation device (Levendowski 2018). This would enhance access to relevant data (especially training data) and consequently favor a more open, transparent and verifiable data ecosystem.

Technology 96

Technology Marketing Marketing Copyright 96

SpicyIP

OCTOBER 27, 2023

These patterns can intersect with the trademark and other intellectual property (IP) in various ways, although it’s important to note that the use of dark patterns is unethical and often violates principles of fair use and consumer protection.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

Indiana Intellectual Property Law

SEPTEMBER 29, 2023

The Plaintiff claims that the Defendant has never been licensed to use the photograph and upon learning of its unauthorized use, the Defendant has not been willing to negotiate a reasonable license for it. Continue reading

Copyright Infringement 97

Copyright Infringement Copyright Intellectual Property Licensing 97

TorrentFreak

OCTOBER 7, 2023

A few years ago copyright holders paid little attention to these discussions. In 2017, the site removed ‘just’ 4,352 pieces of content in response to copyright holders’ complaints. Snarking and Fair Use In addition, there were also thousands of invalid takedown requests for which Reddit took no action.

Copyright 95

Copyright Copyright Infringement Fair Use Reporting 95

TorrentFreak

FEBRUARY 15, 2024

TVkaista Faces Legal Action In advance of TTVK’s letters being sent out, TVkaista’s CEO, technical director, and legal advisor, faced legal action for criminal copyright infringement and aggravated fraud.

Copyright Infringement 91

Copyright Infringement Copyright Fair Use Licensing 91

Copyright Lately

APRIL 19, 2022

Over the past quarter-century, transformative use has become shorthand for fair use itself. When I first heard that the Supreme Court had agreed to take up the fair use fight over Andy Warhol’s “Prince Series,” my first reaction was “Oh wow.”. Fair use is supposed to be about balance and flexibility.

Fair Use 78

Fair Use Art Copyright Social Media 78

Technology & Marketing Law Blog

MARCH 29, 2023

The picture at issue was taken in 2017, and was registered with the U.S. Copyright Office on July 29, 2017. Oppenheimer’s attorney emailed me suggesting that we agree to present the claim to the copyright claims board in lieu of trial. The citations for the basics of fair use do come from 9th circuit cases.

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Blogging Fair Use Copyright Copyright Notice 94

Technology & Marketing Law Blog

AUGUST 1, 2023

As a result, courts have recognized three types of liability for copyright infringement: direct infringement (“to do” any one of the five exclusive rights), contributory infringement (“to authorize” another to directly infringe) and vicarious liability (based on the relationship between the direct infringer and the person sought to be held liable).

Blogging 95

Blogging Copying Social Media Copyright 95

SpicyIP

DECEMBER 11, 2023

Decoding Street Art, Fair Use and Moral Rights Is usage of Mural art, in commercial advertisements covered by Fair use? Read Yogesh’s detailed post examining the issues concerning copyrightability, permanent fixation, and the mural’s setting. Click to read! Other Posts Is the Writing on the Wall?

Trademark 103

Trademark Fair Use Moral Rights Art 103

Kluwer Copyright Blog

APRIL 25, 2024

This sum is in addition to the $2 billion of public funds already invested since 2017, when Canada became the first country in the world to launch a national AI strategy. It is unclear whether the use of copyrighted works for training an AI system is considered copyright infringement if the…owner’s permission is not obtained.…

Copyright 70

Copyright Government Copyright Law Reporting 70

Copyright Lately

OCTOBER 25, 2021

But Lewis thought the song was a rip-off of “I Want a New Drug” and asserted a copyright infringement claim against Columbia Pictures. 2017), raised an interesting example of “copyright estoppel” or, as the Ninth Circuit called it in the “Jersey Boys” lawsuit I recently discussed, the “Asserted Truths Doctrine.”

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

Kluwer Copyright Blog

JANUARY 20, 2022

Another – more recent – example involves the video of a 2020 copyright panel at New York University where music was played to explain the application of the US fair use rules. Urban, Joe Karaganis, Brianna Schofield, Notice and Takedown in Everyday Practice ; the underlying data is, however, from 2017).

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Reporting Copyright Art Copyright Infringement 98