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. 1258, (2023).

Fair Use 105

Fair Use Licensing Music Art 105

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. The wranglings caused the registrant’s sticker to be removed from Amazon for a total of 44 days in 2018 across several different incidents.

Registration 110

Registration Fair Use Copyright Designs 110

JIPL Online

MARCH 15, 2021

3] The suit alleged that Sherlock Holmes’ character traits of warmth and empathy were copied and not yet in the public domain, as these traits only developed in later works that are still protected by copyright. [4] 18] Netflix admitted it had access to and copied the memoir. [19] 5] Netflix and the estate quickly settled. [6].

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

Plagiarism Today

JULY 8, 2021

According to the court, Google’s use was transformative enough to be a fair use. That includes the August 2018 decision, also by the Second Circuit, that TVEyes infringed on Fox News’ copyright by copying all of Fox’s content for the purpose of creating a media clip search and sharing tool.

Copyright 208

Copyright Fair Use Copyright Infringement Copying 208

IPilogue

SEPTEMBER 9, 2022

The real-life tax company “Liberty Tax” claims that the show copied its logo and style, including the Statue of Liberty, which is a frequent identifier of the company. Netflix eventually settled with Chooseco in late 2020 after unsuccessfully arguing on grounds related to trademark law and fair use allowances. .

Trademark 106

Trademark Public Domain Television Fair Use 106

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. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

TorrentFreak

MAY 8, 2023

Adjusted for inflation, imported Japanese N64s changed hands for the equivalent of $1,400 in today’s money; a copy of Super Mario 64? Imported into the gray market in Europe, US cartridges were cheaper than their Japanese counterparts. A snip at $165. An emulator reference, presumably.

Copying 120

Copying Copyright Licensing Fair Use 120

Technology & Marketing Law Blog

OCTOBER 17, 2023

“Kiwi Farms users provided a Google Drive link to a full copy of Mr. Greer’s book.” The court says these allegations are sufficient for direct copyright infringement: Mr. Greer alleged he discovered the book “had been illegally put onto Kiwi Farms” in January 2018. ” Greer emailed Moon asking to remove the book.

Copyright Law 93

Copyright Law Copyright Law Copyright Infringement 93

IPilogue

AUGUST 4, 2021

This is because Copilot would copy small snippets of commonly used code which are unlikely to amount to substantial reproduction or meet the threshold of originality necessary to be protected under copyright. Intellectual property law professor Andres Guadamuz argues that Copilot, as it stands, does not infringe copyright.

Copyright Infringement 112

Copyright Infringement Copyright Intellectual Property Law Licensing 112

Copyright Lately

AUGUST 2, 2021

The test is premised upon the technical difference between a website that displays a copy of an image hosted on the site’s own server and a site that uses HTML instructions to direct a user’s browser to another server that stores the image. In the meantime, a copy of Nicklen v. Therefore, there’s no direct infringement.

Copying 97

Copying Copyright Technology Licensing 97

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? It confirms both ownership of valid copyrights and copying by the defendants of original constituent elements of the works.

Blogging 90

Blogging Social Media Television Fair Use 90

Kluwer Copyright Blog

FEBRUARY 2, 2023

” (For a comment, see here ) The DABUS team (the Artificial Inventor Project ) starting testing copyright law back in 2018, seeking to register with the US Copyright Office (USCO) A Recent Entrance to Paradise , an image created by DABUS. Registration was refused in August 2019, in line with previous US case law and guidance.

Copyright 145

Copyright Art Fair Use Registration 145

TorrentFreak

JULY 23, 2021

In the summer of 2018, Watch Tower filed an application for a DMCA subpoena at a New York court, demanding that YouTube/Google should hand over his personal details based on allegations of copyright infringement. Arguments centered around the fair use provisions of the DMCA but three years later the matter remains unsettled.

Copyright 98

Copyright Copyright Infringement Fair Use Publishing 98

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.

Fair Use 52

Fair Use Licensing Music Art 52

TorrentFreak

APRIL 27, 2022

Background – Nintendo’s Unreleased ‘Mario Movie’ In 2018, Nintendo announced a collaboration with film and animation studio Illumination (Minions, Despicable Me) to produce a new ‘Mario’ movie. But would that be illegal under US copyright law? We might have one of those today. Reporting Facts?

Cease and Desist 62

Cease and Desist Copyright Infringement Fair Use Copyright 62

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. 1258, (2023).

Fair Use 40

Fair Use Licensing Music Art 40

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 95

Blogging Copying Social Media Copyright 95

Kluwer Copyright Blog

FEBRUARY 13, 2022

Legal scholars from our network completed the survey, which we used to construct the User Rights Database. Sean Flynn and I first introduced the database in white papers in 2017 and 2018 , which focused on the openness of the various copyright exceptions. General Exception, Including Fair use. Personal or Private Uses.

Copyright 98

Copyright Copyright Law Technology Fair Use 98

SpicyIP

JULY 22, 2023

June 2018: National Strategy for Artificial Intelligence (NITI Aayog) Recognising that India has a significant stake in the AI revolution, the then Hon’ble Finance Minister, Shri Arun Jaitley, in his budget speech for 2018-19 directed the NITI Aayog to establish the National Program on AI.

IP 98

IP Intellectual Property Reporting Government 98

43(B)log

JUNE 26, 2023

16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. The court found that this situation “presents the rare instance of ‘very close copying’ of Plaintiff’s original expression of elements that is nearly indistinguishable from the infringing work.”

Social Media 59

Social Media Copying Fair Use Advertising 59

IPilogue

AUGUST 3, 2021

Copies of the game along with a gamer’s guide packaged in special extra-large cardboard boxes sat unsold on shelves for months. Due to low sales ( under 150,000 copies sold in North America), the game remained a hidden gem for years until Earthbound ’s main character Ness appeared in the popular 1999 fighting game Super Smash Bros.

Copyright 112

Copyright Music Licensing Copying 112

LexBlog IP

OCTOBER 25, 2023

As the District Court noted: When Dorland read an online version of The Kindest in 2018, she noted the similarities between her letter and the letter in the story. They also resulted in the Boston Book Festival cancelling its annual One City, One Story event, which had planned to feature The Kindest in 2018. ” Id.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

Velocity of Content

SEPTEMBER 9, 2021

It may well substitute for a traditional bibliographic record , which is an interesting thing to think about; YouTube is also, since 2018, an ISNI provider, which means it can create a unique identifier for creator/contributors – a very helpful thing to have in the metadata world.). YouTube is no different in that respect.

Copyright 113

Copyright Social Media Licensing Publishing 113

IP and Legal Filings

APRIL 19, 2022

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957. Nakul Bajaj (2018).

Copyright Law 69

Copyright Law Copyright Law Copyright Infringement 69

IP and Legal Filings

JANUARY 22, 2024

Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. It creates ‘Secure Distribution’ of content which generally use encryption and digital watermarks (Pandey).

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Velocity of Content

DECEMBER 6, 2023

Under what circumstances would the unauthorized use of copyrighted works to train AI models constitute fair use? law has no specific rules governing the use of copyrighted materials to train AI. Rather, such uses fall under the general copyright regime. Goldsmith, 598 U.S. TVEyes, Inc., 3d 169 (2d Cir. Google, Inc.

Copyright 98

Copyright Fair Use Licensing Copying 98

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. Oracle , should have been decided by the trial judge. What’s at Stake.

Fair Use 78

Fair Use Designs Design Licensing 78

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

The IPKat

OCTOBER 18, 2021

The DCB was eventually approved by the Federal Executive Council (FEC) in 2018 for transmission to the National Assembly for consideration. The National Assembly in Nigeria, the legislative arm of government, comprises the Senate (upper chamber) and the House of Representative (lower chamber).

Copyright 80

Copyright Copyright Law Licensing Government 80

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. Miceli, Law and Economics: Private and Public 23 (West Academic Publishing 2018). [v] 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat?

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

AUGUST 7, 2023

An example would be an artist copying a previous painting and merely altering the colors to pass it off as a new creation. In the United States, the Copyright Act outlines the concept of fair use – situations where usage does not require authorization. 2018 (BARBOSA, Pedro M. 37, 2018). [3] Originality in crisis.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

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

Technology & Marketing Law Blog

MARCH 29, 2023

On June 4, 2018, Oppenheimer found his image on Prutton’s website. Prutton admitted to copying and said that his adult daughter had helped him with his website. (A The claim says hat infringement is ongoing from 2018-present, even though the photo was removed in 2019. Screengrabs from October 29, 2019 from the Wayback Machine.

Blogging 94

Blogging Fair Use Copyright Copyright Notice 94

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. ¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers.

Blogging 126

Blogging Licensing Privacy Copyright Notice 126

Copyright Lately

MAY 21, 2021

Based on my quick review of Copyright Office records, it appears that Dolezal has actually registered dozens of photographs of herself, beginning in 2018. CBS’ use of her photo almost certainly qualifies as fair use, if she even owns the copyright in the first place. This raises a fairly obvious question: why?

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

Copyright Lately

DECEMBER 28, 2022

In 2018, when Goldman v. ” 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. Embedded image at issue in McGucken v. Newsweek LLC. Breitbart became the first S.D.N.Y. Breitbart became the first S.D.N.Y.

Copyright 82

Copyright Art Licensing Social Media 82

LexBlog IP

JANUARY 5, 2022

339, 347 (1908) (recognizing that copyright “is an exclusive right to the multiplication of the copies, for the benefit of the author or his assigns, disconnected from the plate, or any other physical existence. ” Article 1, Section 8. Though the Supreme Court said expressly in Oil States Energy Services v. LLC , 138 S.Ct.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52