Technology & Marketing Law Blog

OCTOBER 17, 2023

But if you really want Kiwi Farms gone, have you considered using copyright law for its censorial power? “Kiwi Farms users provided a Google Drive link to a full copy of Mr. Greer’s book.” Somebody,” he explained, “created a copy of [his] book and put it in a Google Drive that is accessible on Kiwi Farms.”

Copyright Law 95

Copyright Law Copyright Law Copyright Infringement 95

IPilogue

FEBRUARY 28, 2023

The conflict of laws has often resulted in interesting dilemmas for courts where precedent cannot be readily applied, necessitating a case-by-case approach. De Fontbrune held the position that the estate did not have the power to approve such use.

Fair Use 105

Fair Use Copyright Copyright Infringement Copyright Law 105

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.

Copyright Law 71

Copyright Law Copyright Law Copyright Infringement 71

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.

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Ownership Copyright Fair Use Intellectual Property 52

TorrentFreak

JULY 26, 2023

So-called ‘cam’ copies appear online within hours of movies first appearing in theaters, yet as piracy releases go, cams are unique in their ability to disappoint just about everyone. Certain amendments proposed to the 2019 bill ( pdf ) recognized the growth of piracy in India and specifically targeted ‘cam’ piracy.

Copying 67

Copying Fair Use Cinema Reporting 67

Kluwer Copyright Blog

JANUARY 16, 2024

Rather than being programmed in the traditional way, a large language model is “trained” by copying massive amounts of text and extracting information from it. Books3 is a dataset of books derived from a copy of the contents of the “ Bibliotik private tracker ”. 1202(a)(1) by asserting copyright in the LLaMA models.

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Derivative Work Copyright Infringement Copying Copyright 133

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright 137

Copyright Fair Use Copyright Law Law 137

Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2019); Worldwide Church of God vs Phila. 4th 1149 (9th Cir. 3d 723, 743 (9th Cir. Church of God, Inc.,

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Fair Use Privacy Copyright Technology 136

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

SpicyIP

JULY 29, 2021

Limitations on storage of copied works in digital formats. Firstly , education , which is not only a copyright exception but a fundamental right under Article 21A, is imparted outside of government-owned institutions as well. According to the AISHE Report 2019-20, 66.3% Bench decision). Concluding thoughts.

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Copyright Reporting Fair Use Copyright Law 119

Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

LexBlog IP

JUNE 10, 2022

Goldsmith , the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law. The photographer, who had only been aware of one of the 16 images in the series, argued that Warhol had committed copyright infringement. Understanding the Fair Use Doctrine.

Fair Use 52

Fair Use Intellectual Property Copyright Copyright Infringement 52

Patently-O

AUGUST 31, 2021

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. Thus far, the courts have disagreed with SAS and rejected its copyright assertions. 621 (2019). 571 (2019).

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

Copyright Lately

DECEMBER 29, 2021

Relying on the server test , Sinclair unsuccessfully argued that it and its affiliates didn’t infringe the copyright in Nicklen’s video because they only embedded it on their websites from Instagram or Facebook, as opposed to maintaining a copy of the video on a Sinclair-controlled server. Wilmott Storage Services.

Copyright 113

Copyright Fair Use Social Media Copying 113

IP and Legal Filings

JULY 21, 2022

Among the other solutions, the most easy and feasible way to come out of the problem of unavailability and unaffordability was to start copying the books, study materials, and video lectures with the help of different mechanisms. If copyright protection is applied rigidly, it will hamper progress of the society. Way Forward.

Copyright 87

Copyright Licensing Higher Education Copying 87

Technology & Marketing Law Blog

MARCH 29, 2023

Copyright Office on July 29, 2017. In 2019, he had a simple website that included a “Where We Work” page. Screengrabs from October 29, 2019 from the Wayback Machine. Prutton admitted to copying and said that his adult daughter had helped him with his website. (A A typical thing that happens in our world).

Blogging 96

Blogging Fair Use Copyright Copyright Notice 96

Copyright Lately

MAY 21, 2021

This isn’t the first copyright infringement claim Dolezal has brought against the media. In 2019, Dolezal, then represented by notorious copyright troll Richard Liebowitz, filed a lawsuit against the publisher of Paper Magazine for using a photo from her Instagram account in a story. View Fullscreen.

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

SpicyIP

JULY 5, 2021

The appellant sought a copy of a PhD Thesis titled “Studies on some nitrogen fixing genes of Azotobacter vinelandi” from Jamia Millia Islamia, a central university and public authority for the purposes of RTI Act. Degrees) Regulations, 2016 which mandates the submission of an electronic copy of the Ph. Background.

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

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. We were not aware that the image may have been created by AI” 2.

Copyright 145

Copyright Art Fair Use Registration 145

IPilogue

OCTOBER 28, 2021

Copyright Creeping into Costumes. In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

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.

Fair Use 52

Fair Use Licensing Music Art 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.” 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).

Fair Use 40

Fair Use Licensing Music Art 40

The IPKat

AUGUST 6, 2023

Only two of the 43 areas deal with American copyright law (probably a correct percentage given the EU focus of IPKat), but this small number should have disqualified me from writing a book review where there are 41 out of 43 articles on topics I know nothing about, including the entire fields of trade mark and patent law.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Copyright Law 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit involves sound recordings of 19 interviews that then-President Trump voluntarily gave to Woodward between December 2019 and August 2020, plus one interview from 2016 (when Trump was still a candidate). 101 ] Issue 1: Are the recorded interviews a copyright-eligible “work of authorship”? Simon & Schuster, Inc.

Copyright 120

Copyright Blogging Publishing Fair Use 120

The IPKat

FEBRUARY 3, 2023

As it is discussed at greater length elsewhere ( here ), TDM is an example of an area in which legislative intervention has been broadly justified by reference to the need of freeing up certain copyright-covered spaces to facilitate research and increase innovation and competitiveness.

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Government Related Rights Copyright Law 141

Copyright Lately

MARCH 6, 2023

The copyright owner in Runt is seeking to enjoin director William Coakley from releasing a behind-the-scenes project about alleged on-set bullying and sexual harassment that it claims he fabricated. In 2019, actor Cameron Boyce , star of Disney franchises Jesse and Descendants , died tragically following a sudden epileptic seizure.

Copyright 79

Copyright Derivative Work Fair Use Social Media 79

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

SpicyIP

JULY 22, 2023

However, here too it is unclear what this means as only the legislature can modify the law, while the ministries / departments can at most put together committee reports or recommendations. The report states that there are no copyright laws right now that would provide protection to any wholly AI generated model or creation (Page no.

IP 98

IP Intellectual Property Reporting Government 98

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. 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. 29, 2013), [link]. [ii] 277 (2020). [iv]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

JANUARY 20, 2022

At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art. 17 DSM Directive 2019/790 (“DSMD”). 6) and intentional abuse (p.

Reporting 98

Reporting Copyright Art Copyright Infringement 98

LexBlog IP

NOVEMBER 30, 2022

Claire Germain, a US law professor, wrote a 2019 article comparing French and US intellectual property law on the question of recipe rights. at 1203 (quoting 4 Nimmer on Copyright § 13.05[A][1][b]). at 1203 (quoting 4 Nimmer on Copyright § 13.05[A][1][b]). Varsity Brands , 137 S.Ct.

IP 52

IP Intellectual Property Fair Use Trademark 52

LexBlog IP

APRIL 20, 2022

Where IP Spring Cleaning Starts : Whether applied to home or office, literally or figuratively, spring cleaning’s cultural, historic, and biological roots have intellectual property law analogs and other legal offshoots. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. ’ (Op.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52

LexBlog IP

JANUARY 5, 2022

In this case, the Supreme Court of Texas held that a government entity may reproduce, display, and utilize a copyrighted work for its own benefit without paying any compensation to the copyright owner. a ‘creature of statute law.’” 641, 659 (2019), aff’d on other grounds 971 F.3d 1073 (2019).

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. HULM Entertainment v. On March 13, the Delhi High Court granted an ex parte interim injunction in Markets and Markets Research Pvt. Meticulous Market Research Pvt.

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IP Copyright Trademark Intellectual Property 124