SpicyIP

MAY 2, 2022

You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? This agreement was for a period from 1 st July 2019 to 30 th June 2022. In response the Defendant claimed, “ fair use” and “ de minimis” use. Akshat Agrawal.

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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.

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Technology & Marketing Law Blog

FEBRUARY 24, 2022

[I published this post initially on the Association of Research Libraries blog in celebration of Fair Use Week 2022. Fair use is supposed to protect research bloggers in these circumstances. Defendants have also won fair use-based motions to dismiss over republishing a partial screen shot ( Yang v.

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43(B)log

MARCH 10, 2023

First, nominative fair use permits only the “truthful use of a mark.” Use of the mark with the words “compliant,” “legal,” and “meets. Toyota, 610 F.3d 3d at 1177. Defendants contended that one axe “meet[s] WATL Regulations” and that another “meets WATL Regulations with a slight modification that is commonly made.”

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IPilogue

FEBRUARY 28, 2023

The United States Court of Appeals for the Ninth Circuit reversed a 2019 federal district court’s ruling that held a French court’s ruling was unenforceable due to a conflict in copyright laws between the countries. In 2011, to enforce the decision in the States, De Fontbrune brought the case to California who ruled in Wofsy’s favour in 2019.

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Fair Use Copyright Copyright Infringement Copyright Law 105

Art Law Journal

JANUARY 15, 2019

On Jan 1, 2019, we not only ushered in a new year but also an unprecedented amount of creative works entering the public domain. Steve Schlackman.

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Technology & Marketing Law Blog

JANUARY 22, 2022

The court says the Dubtown video wasn’t copyright infringing because of fair use: Purpose/Character of Use. ” The videos were transformative, even if parts of precedent material were used verbatim. .” However, McFree made transformative uses. This factor weighs slightly against fair use.

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Technology & Marketing Law Blog

DECEMBER 31, 2021

The court says that instead of doing a First Amendment analysis, it’s possible that a fair use analysis is sufficient for 512(h) subpoenas (citing Eldred for the principle that fair use is the First Amendment safety valve to copyright infringement). Wishing you and your family have a wonderful 2022.].

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Plagiarism Today

OCTOBER 6, 2021

No Guidance debuted in July 2019 and is a Chris Brown song that has Drake as the featured artist. According to the estate, the book infringed the copyright of the Dr. Seuss work Oh, the Places You’ll Go , but the defendants argued that the book was a parody and a fair use. Neither side has commented on the lawsuit.

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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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Plagiarism Today

APRIL 19, 2022

The court, in this case, rejected the test as well as Newsweek’s fair use arguments. Finally today, Winston Cho at The Hollywood Reporter writes that Emily Ratajkowski has settled a case against a paparazzi photographer after she used his photo he took of her as part of her Instagram story.

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IPilogue

JULY 18, 2022

Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use. As an avant-guard artist of his time, Warhol used the mechanical process of copying to challenge the conventional notion of art. The focus of the conflict was the meaning of “transformative works” in the U.S.

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Plagiarism Today

MAY 19, 2022

However, in 2019, a judge ruled in favor of Basil, saying that there was inadequate evidence to prove the song was a joint work. However, a UK company named Stillwater Ltd. claimed that they held 50% ownership in the work, given to them by a producer named Greg Mathieson who worked on the album.

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Music Licensing Television Fair Use 215

Olartemoure Blog

JANUARY 18, 2023

In July 2019 a District Judge in Manhattan stated that Warhol’s works were of fair use, but in March 2021, a three-judge panel in the New York Court of Appeals for the Second Circuit, reversed the ruling and sided with Goldsmith. In April 2017 the Andy Warhol Foundation sued Goldsmith for a declaration of non-infringement.

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Copyright Artwork Copyright Infringement Fair Use 98

BYU Copyright Blog

MARCH 18, 2024

Wilder alleged that Hoiland had used course materials created by Wilder for a faculty development program, Numeracy Infusion Course for Higher Education (NICHE), in five slides of a presentation Hoiland gave at the Community College Conference on Learning Assessment (CCCLA). Hoiland claimed the presentation was to only 12-20 people.

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Technology & Marketing Law Blog

MAY 17, 2024

First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. Judge Alsup suggested that X’s ToS conflict with copyright law by prohibiting scraping irrespective of whether it qualifies as fair use.

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BYU Copyright Blog

SEPTEMBER 2, 2022

We previously reported on this case in July 2021, May 2020, and November 2019. The district court that initially heard the case ruled in favor of ComicMix on both issues, finding, in particular, that the use of Seuss's copyrighted expression was excused under the fair use doctrine. Dr. Seuss Enterprises, L.P.

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Kluwer Copyright Blog

NOVEMBER 23, 2023

Most of the public discussion about the legal status of using copyrighted works to train generative AI systems has focused on an increasing number of lawsuits challenging current practice under the U.S. copyright system and whether the use of copyrighted works to train generative AI systems constitutes fair use.

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IPilogue

NOVEMBER 30, 2022

On November 9, IP Osgoode, Reichman University and Microsoft hosted the first in-person Bracing for Impact Conference since 2019. Dean Zemer explored the copyright principles of Fair Use, Orphan Works, and Perpetual Rights. Claire Wortsman is an IPilogue Senior Editor and a 3L JD Candidate at Osgoode Hall Law School.

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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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Plagiarism Today

MAY 16, 2022

The owners of Grease sent a cease and desist letter in August 2019 that resulted in performances of Vape being cancelled. According to the judge, Vape is a fair use as its goal is to be a parody of the source material and not meant to replace it in the marketplace.

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LexBlog IP

JUNE 10, 2022

The US Supreme Court in March decided it will revisit a dispute over pop artist Andy Warhol’s images of Prince. Goldsmith , the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law. Understanding the Fair Use Doctrine. Oracle America, Inc.

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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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LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1]

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TorrentFreak

SEPTEMBER 9, 2023

Tumblr Automattic also owns the blogging platform Tumblr, which it purchased in 2019. “For our part, we meticulously review each takedown notice we receive so that we can identify the validity, push back on abuse, and help our users understand their rights such as Fair Use,” Automattic writes.

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Reporting Fair Use Blogging Copyright 116

Technology & Marketing Law Blog

MARCH 29, 2023

In 2019, he had a simple website that included a “Where We Work” page. Screengrabs from October 29, 2019 from the Wayback Machine. By November 21, 2019, the image is no longer included in the Wayback archive of that page. It took 13 steps/documents to complete. Copyright Office on July 29, 2017. Here are some highlights.

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Blogging Fair Use Copyright Copyright Notice 96

TorrentFreak

JULY 26, 2023

Cinematograph (Amendment) Bill 2019 The Cinematograph (Amendment) Bill 2019 was introduced to amend the Cinematograph Act, 1952 , which contained provisions for the certification of films for exhibition and for regulating exhibitions of those films.

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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. 2000) (“ copying an entire work militates against a finding of fair use. ”).

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IP and Legal Filings

OCTOBER 12, 2023

Fair use – When the literal imitation is not the replica but there exists tremendous resemblance with an original work it’s sufficient to establish the infringement of copyright. The right to fair use is an exception to the infringement of copyright. 2019, July). IPleaders Blog. NMIMS Law Review. Bradley.com.

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The IPKat

FEBRUARY 23, 2023

For the Economic Freedom Fighters (EFF), the Bill that was sent to the President in 2019 was a better Bill and should have been passed. See section 79(4) of the Constitution ]. IFP conceded that there were invitations for public comments and submissions but that it was not enough.] How, it did not say].

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IP and Legal Filings

FEBRUARY 15, 2023

However, it is not so and such use will be unauthorized unless and until the permission of the owner has been taken, or he has been referenced or if the information has been made available by the government. 2019 SCC Online Del 8002 Disney Enterprise inc. Kim cartoon and Ors.,

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JIPL Online

MARCH 15, 2021

In 2018, the Satanic Temple sued Netflix for fifty million dollars when Netflix used a sculpture of a goat-headed deity on “The Chilling Adventures of Sabrina.” [9] 12] Netflix’s “Fyre Festival” documentary was accused of stealing footage, and this case was yet another case that quietly settled in 2019. [13] 31, 2019), [link]. [12]

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Above the Fold

APRIL 4, 2022

On Monday, March 28, the Supreme Court agreed to hear a copyright case about Andy Warhol’s artwork that will evaluate the scope of the fair use defense, which permits a party to use a copyrighted work without the owner’s permission. The Supreme Court will now determine whether Warhol violated copyright law.

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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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Fair Use Licensing Music Art 52

Intepat

APRIL 23, 2021

Google petitioned the US Supreme Court to hear the case in the 2019 Term but was heard in April 2021 due to the Covid-19 Pandemic. Brief Background: Android which is owned by Google LLC used Java’s Application Programming Interfaces (APIs) for building their Android Operating System for Mobile devices from 2005.

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Copyright Infringement Copyright Fair Use Copying 52

LexBlog IP

APRIL 4, 2022

On Monday, March 28, the Supreme Court agreed to hear a copyright case about Andy Warhol’s artwork that will evaluate the scope of the fair use defense, which permits a party to use a copyrighted work without the owner’s permission. ” But the U.S. The Court is expected to hear arguments this fall.

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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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