TorrentFreak

MARCH 21, 2023

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Staying true to the centuries-old library concept, only one patron at a time can get a copy. Mass Copyright Infringement or Fair Use?

Publishing 135

Publishing Copyright Fair Use Copyright Infringement 135

Plagiarism Today

OCTOBER 4, 2022

He called an earlier decision in the case one of the 5 worst copyright decisions in 2020 and, with the jury verdict, called it a loss for bodily autonomy and free speech. However, the important thing to know is that there was no doubt that Take-Two did copy the tattoos in question and there was no question of Alexander’s ownership of them.

Copyright 200

Copyright Fair Use Licensing Copyright Infringement 200

IPilogue

DECEMBER 9, 2022

In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of the tattoos. was released. Citing Muhammad-Ali v.

Fair Use 111

Fair Use Copying Licensing Copyright 111

TorrentFreak

JUNE 14, 2022

In the summer of 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House filed a copyright infringement lawsuit against Internet Archive (IA). “The only issue is whether Internet Archive’s massive infringement scheme is fair use under 17 U.S.C. § Publishers: IA’s Use is Not Fair.

Publishing 116

Publishing Fair Use Copying Editing 116

TorrentFreak

JANUARY 17, 2024

is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. ” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Live Crew used it anyway. .”

Copyright 117

Copyright Derivative Work Fair Use Reporting 117

Copyright Lately

SEPTEMBER 26, 2022

That order actually topped my list of the 5 Worst Copyright Decisions of 2020 because, by sending the case to a jury, the court effectively ruled that anyone with a tattoo is not in control of the uses to which his or her likeness is put. Implied License and Fair Use Are the Key Remaining Defenses.

Fair Use 87

Fair Use Licensing Ownership Copying 87

TorrentFreak

AUGUST 13, 2023

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Patrons can also borrow books that are scanned and digitized in-house, with technical restrictions that prevent copying.

Publishing 76

Publishing Copyright Copyright Infringement Copying 76

IPilogue

OCTOBER 26, 2021

It started out in 2010 when Oracle sued Google for copying the application programming interfaces (APIs) of Java, a programming language developed and licensed by Sun Microsystems and later acquired by Oracle, in Google’s development of the Android operating system. Supreme Court on October 7, 2020. copyright law.

Copyright Infringement 111

Copyright Infringement Copyright Fair Use Settlement 111

JIPL Online

MARCH 15, 2021

The Conan Doyle estate, heirs to the author of the works about the famed detective Sherlock Holmes, alleged that Netflix infringed on the character Sherlock Holmes in its portrayal of Sherlock Holmes in the 2020 movie “Enola Holmes.” [2] 18] Netflix admitted it had access to and copied the memoir. [19] ANALYSIS/PREDICTION.

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

IP and Legal Filings

JANUARY 8, 2023

modification, and other forms of copying of the work fall under this category. Through a licensing agreement, they can give consent for other parties to utilize their creations. The Indian Government enacted The Copyright Act of 1957 to protect the rights of artists from getting copied or pirated. Image Sources : Shutterstock].

Copyright 94

Copyright Copyright Infringement Music Copying 94

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. For the last 40 years the Motion Picture Association has regularly highlighted the damage caused by in-theater recordings of the latest movies.

Copying 67

Copying Fair Use Cinema Reporting 67

TorrentFreak

AUGUST 14, 2021

In March 2020, with the world gripped by the coronavirus pandemic, the Internet Archive (IA) offered a new service to help displaced learners. In a lawsuit filed June 1, 2020, in a New York court, Hachette Book Group, Inc., Internet Archive Responds – Fair Use is Not Piracy.

Publishing 145

Publishing Fair Use Copyright Infringement Copyright 145

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.

Fair Use 52

Fair Use Intellectual Property Copyright Copyright Infringement 52

Copyright Lately

SEPTEMBER 12, 2022

Deadly Doll has applied versions of its artwork to various products, including tops and sweatpants: Deadly Doll’s artwork as reproduced on useful articles. In 2020, photographer Carlos Vila took a picture of Russian model Irina Shayk wearing Deadly Doll sweats that incorporated its “Pin-Up Girl” artwork on the right pant leg.

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

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 93

Fair Use Derivative Work Blogging Licensing 93

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 second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions.

Registration 108

Registration Fair Use Copyright Design 108

BYU Copyright Blog

JULY 12, 2021

Since we last reported on this case (in May of 2020), the Court of Appeals for the Ninth Circuit has issued its opinion on the matter, concluding that ComicMix, LLC ("ComicMix") cannot successfully claim a fair use defense against claims of copyright infringement by Dr. Seuss Enterprises ("Seuss").

Fair Use 40

Fair Use Intellectual Property Copying Copyright 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 93

Blogging Copying Social Media Copyright 93

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

Copyright 59

Copyright Copying Music Fair Use 59

SpicyIP

MAY 2, 2022

You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? It was however terminated at the instance of the Defendant with effect from 1 st August 2020. In response the Defendant claimed, “ fair use” and “ de minimis” use. Akshat Agrawal.

Fair Use 89

Fair Use Copyright Reporting Licensing 89

Patently-O

APRIL 6, 2023

In that case, the Court found that Google’s use of Java API naming conventions in its Android operating system was fair use under copyright law. Because its fair use decision decided the case, the court did not rule separately on whether the API was even copyrightable in the first place. 1183 (2021).

Copyright 58

Copyright Copying Copyright Infringement Fair Use 58

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. This is demonstrated by corporations repeatedly using memes and meme culture, albeit to varying degrees of success.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

TorrentFreak

APRIL 23, 2024

The organization literally archives key parts of the Internet, copying older versions of websites to preserve them for future generations. The organization doesn’t license authorized digital copies from publishers; instead, its books are scanned and digitized in-house. IA has plenty of other archive projects too.

Copyright 117

Copyright Fair Use Copying Publishing 117

SpicyIP

DECEMBER 20, 2023

Notably, Monsanto’s matter had several layers including the State Governments seeking to regulate IP licensing fees, and the Indian seed companies who previously licensed technology from Monsanto, refusing to pay royalties to Monsanto. To get an overall picture, see Prashant’s post “ The Rs. Feels like history is repeating itself.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Copyright Lately

APRIL 3, 2023

The future of “controlled digital lending” is in doubt after a court rules that the Internet Archive’s online library is not protected by fair use. When the electronic version is “checked out,” the physical copy is taken out of circulation. ” What is Controlled Digital Lending?

Fair Use 72

Fair Use Copying Publishing Copyright 72

TorrentFreak

MARCH 25, 2023

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. IA’s library is operated by a non-profit organization that scans physical books and then lends the digital copies to patrons in an ebook format.

Copyright Infringement 136

Copyright Infringement Copyright Fair Use Copying 136

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. What Happened. Oracle , should have been decided by the trial judge.

Fair Use 81

Fair Use Design Designs Licensing 81

Plagiarism Today

JULY 27, 2021

Specifically, the accusations were that the melody of Butter matched the 2020 Luca song You Got Me Down. However, this turned out to be more of a licensing than a traditional plagiarism issue. The most likely cause for this similarity was simply Garcia using either the same or a very similar melody to the one he licensed to Luca.

Plagiarism 323

Plagiarism Music Licensing Copying 323

SpicyIP

JULY 22, 2023

The report focuses on strengthening the AI system through predictability, trust, fairness and transparency, and does not really make an elaborate mention of IP issues in this regard. It also talks about suggestions that such copies are too trivial/de minimis to qualify as infringement.

IP 89

IP Intellectual Property Reporting Government 89

Technology & Marketing Law Blog

MARCH 29, 2023

Prutton admitted to copying and said that his adult daughter had helped him with his website. (A The Final Determination notes that Oppenheimer feels entitled to a licensing fee, even though he has not sold this photograph, and suggests that he is entitled to $2,775 a year for the use of the photograph. 2020), cert.

Blogging 91

Blogging Fair Use Copyright Copyright Notice 91

Biswajit Sarkar Copyright Blog

JULY 21, 2023

The word ‘copyright’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. However, when a similar case was filed in 2020, an Illinois judge felt inclined to side with the tattoo artists instead. In Alexander v. Take Two Interactive Software, Inc.,

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

The word ‘ copyright ’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. However, when a similar case was filed in 2020, an Illinois judge felt inclined to side with the tattoo artists instead. In Alexander v. Take Two Interactive Software, Inc.,

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

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. In December 2020, EleutherAI introduced this dataset in a paper called “ The Pile: An 800GB Dataset of Diverse Text for Language Modeling ” ( here ).

Derivative Work 128

Derivative Work Copyright Infringement Copying Copyright 128

Kluwer Copyright Blog

JULY 16, 2023

The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus. Accordingly, this case is a useful example of how a court will: (1) assess the derivation requirement (of actual copying) of UK copyright; and, (2) as part of that, consider similarity between musical works for the purpose of copyright infringement.”

Blogging 52

Blogging Law IP Fair Use 52

JIPEL Copyright Blog

MARCH 21, 2022

scene in the past, things seemed to come to a head in November 2020 when Nintendo sent a cease-and-desist letter to the Tournament Organizers (TOs) of the Big House, an upcoming streamed Melee tournament, and subsequently forced them to cancel the event. While Nintendo has waffled on its support for the Smash Bros. Super Smash Bros.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

43(B)log

SEPTEMBER 7, 2023

15, 2023) This is a copyright suit against Gannett for advertising-like use of a photo taken by Campbell of NFL coach Katie Sowers; the photo came from a screenshot of an ad run by Microsoft that played during the Super Bowl. The Microsoft ad was licensed by Campbell and showed the photo at about the 40-second mark.

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

43(B)log

MARCH 10, 2023

24, 2023) Previous decision here —really interesting attack on internet arbitrage; defendant copied Krikor’s eBay memorabilia photos and listed the memorabilia on its own site with a markup; anyone who bought from defendant would actually have defendant buy from Krikor and drop-shipped to the purchaser. Nor was the use of the photos fair use.

False Advertising 59

False Advertising Advertising Advertising Copying 59