IPilogue

OCTOBER 26, 2021

Supreme Court on October 7, 2020. copyright law. It is arguably, as Stanford law professor Mark Lemley coined it, “ the copyright case of the century. ” . It is composed of two phases centering on two legal issues that were trialed separately—the copyrightability of APIs and the fair use doctrine.

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Copyright Infringement Copyright Fair Use Settlement 111

TorrentFreak

FEBRUARY 23, 2022

“In 2021, Reddit received 177,450 copyright notices reporting 920,672 pieces of content. This represents an increase of 104% from 2020. “In 2021, Reddit permanently suspended 2,813 users and banned 2,625 subreddits for excessive copyright infringement,” the company writes. under the doctrine of fair use.

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Copyright Infringement Copyright Copyright Notice Reporting 112

Plagiarism Today

AUGUST 2, 2021

1: Manhattan Judge Rejects ‘Server Test’ for Internet Copyright Infringement. District Court Judge Jed Rakoff has issued a controversial ruling denying the “server test” of copyright law and ruling that embedding images can be an infringement of copyright law.

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Copyright Infringement Licensing Reporting Copyright Law 246

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. .” Campbell v.

Copyright 117

Copyright Derivative Work Fair Use Reporting 117

The IPKat

OCTOBER 14, 2024

The plaintiff sued the defendants for copyright infringement. Comment Does the Supreme Court’s decision introduce a fair use defense, which is not provided for in German and EU copyright law? In the third case, the defendant operated a hotel and applied the wallpaper to one of the rooms.

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Copyright Copyright Notice Licensing Art 116

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. LAW AND ECONOMICS. iv] First, it must identify which of the competing uses is more socially valuable.

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Copyright Infringement Copyright Intellectual Property Blogging 98

Copyright Lately

SEPTEMBER 8, 2024

Internet Archive (read the opinion here) , the court dealt a decisive blow to the Internet Archive, ruling that its practice of scanning and lending digital copies of books doesn’t qualify as fair use under the Copyright Act. At least, that was the idea. On September 4, the Second Circuit affirmed. For research.

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Publishing Copying Fair Use Licensing 93

Technology & Marketing Law Blog

MAY 17, 2024

But it won on a different and, in many respects, much broader legal theory: conflict preemption with copyright law. A Brief Recap on Contract Preemption To appreciate the significance of this opinion, let’s revisit the law of copyright preemption. The Copyright Act includes an express preemption clause, 17 U.S.C. §

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Blogging Contracts Fair Use Copyright Law 123

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.

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Kluwer Copyright Blog

NOVEMBER 15, 2022

Recent appellate decisions in the United States have recognized expanded grounds for personal jurisdiction in cases of internet-based copyright infringements; divided on the extent to which the three-year statute of limitations limits damage recoveries; and increased the occasions for motions to dismiss on the ground of fair use.

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Copyright Fair Use Copyright Infringement Ownership 57

Copyright Lately

AUGUST 22, 2021

Recent decisions suggest courts are losing patience with those who bring dubious copyright infringement claims as part of their business models. Back in May, I wrote about an overzealous copyright infringement lawsuit filed by Rachel Dolezal , the woman best known for mispresenting her racial background.

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Copyright Fair Use Design Settlement 90

IP and Legal Filings

JANUARY 8, 2023

When someone violates a creator’s exclusive rights to a piece of work, they are engaging in copyright infringement. Music as well as the movie industry are two common industries that face copyright issues on a day to day basis. In contrast to patents, copyright safeguards expressions rather than ideas. Introduction.

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Copyright Copyright Infringement Music Copying 94

Kluwer Copyright Blog

OCTOBER 3, 2023

In addition, the origin of the data used to train LaMDA ( here ), the language model behind Google Bard, includes the C4 dataset. 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

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Fair Use Privacy Copyright Technology 132

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. Oracle America, Inc.

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Fair Use Intellectual Property Copyright Copyright Infringement 52

TorrentFreak

JANUARY 29, 2024

However, the Internet Archive (IA) sees things differently, believing that the ‘Great 78 Project’ is fair use. copyright law. Specifically, IA argues that many of the works should be removed from the lawsuit, as the labels failed to take timely action following a cease and desist letter the RIAA sent in 2020.

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Music Cease and Desist Copyright Copyright Law 108

TorrentFreak

APRIL 27, 2022

Over the years we’ve published thousands of articles on copyright law, from how it works in theory to its application in full-blown lawsuits. But other copyright disputes, where infringement isn’t so obvious, can trigger new complexity and polarized legal opinions. Spoilers: Are They Copyright Infringement?

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Cease and Desist Copyright Infringement Fair Use Copyright 60

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. Vila licensed his photo to various online and print publications for use in articles about Shayk. Paging Section 113(c).

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Copyright Derivative Work Artwork Fair Use 97

Copyright Lately

DECEMBER 29, 2021

Remembering another frustrating year with a countdown of 2021’s most unsatisfying copyright rulings. I don’t know about you, but my 2021 actually made 2020 look pretty, prettay, prettaay good by comparison. This was the year we actually had to try to pretend everything was back to normal when, frankly, it was anything but.

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Copyright Fair Use Social Media Copying 115

IP and Legal Filings

JULY 31, 2021

and Greenpeace Australia Pacific regarding the dispute between alleged trademark and copyright infringement by Greenpeace. Its large-scale use of energy and less reliance on renewable sources only garnered 10% of the power supply in 2020 with its planning to switch on to renewable sources by 2048. Defense of Fair dealing.

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Social Media Fair Use Copyright Copyright Law 98

IIPRD

APRIL 8, 2024

This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

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Art Artwork Intellectual Property Copyright Law 52

TorrentFreak

JANUARY 29, 2024

However, the Internet Archive (IA) sees things differently, believing that the ‘Great 78 Project’ is fair use. copyright law. Specifically, IA argues that many of the works should be removed from the lawsuit, as the labels failed to take timely action following a cease and desist letter the RIAA sent in 2020.

Music 83

Music Cease and Desist Copyright Copyright Law 83

The IPKat

FEBRUARY 21, 2022

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes. More information about this event here. pre-publication event: EULAs: Friends or Foes?,

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JIPL Online

MARCH 19, 2021

On November 11, 2020, the Amazon-owned live streaming platform Twitch quietly published a post titled “Music-Related Copyright Claims and Twitch” to the site’s official blog. [i] million in 2020 from more than 55,000 subscribers. [x] Background.

Music 76

Music Copyright Licensing Fair Use 76

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).

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Fair Use Derivative Work Blogging Licensing 93

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.

Copyright 58

Copyright Copying Copyright Infringement Fair Use 58

SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression?

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Fair Use Copyright Reporting Licensing 89

TorrentFreak

MAY 15, 2023

.” Official content creator uploads aside, regular users of YouTube upload content they’re supposed to own, and from there, YouTube monetizes it within the boundaries of licensing agreements and broader law. When copyright holders report uploaded content as infringing, YouTube follows the DMCA and takes the content down.

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Copyright Intellectual Property Business Licensing 127

SpicyIP

DECEMBER 20, 2023

With further ado, here’s what I found in Novembers: Database Protection in India: Since Prof Basheer’s 2005 post about the inaccurate implication of the theft of data as copyright infringement, to 2023, not much seems to have changed. The Indian courts have further clarified this issue. Feels like history is repeating itself.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Kluwer Copyright Blog

JUNE 9, 2022

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. The first part of this post briefly discussed the concept of bias and examined the role of property rights in data and factual information, with a focus on copyright.

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Technology Marketing Marketing Copyright 96

TorrentFreak

APRIL 23, 2024

Lawsuit and Appeal Internet Archive believes that its approach falls under fair use but publishers Hachette, HarperCollins, John Wiley, and Penguin Random House disagree. They filed a lawsuit in 2020 equating IA’s controlled digital lending operation to copyright infringement.

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Copyright Fair Use Copying Publishing 117

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. In March 2020, the Covid-19 pandemic closed libraries nationwide and, by IA’s estimate, took 650 million print books out of circulation.

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Fair Use Copying Publishing Copyright 72

Technology & Marketing Law Blog

AUGUST 1, 2023

In 2020, BuzzFeed “embedded” one of Hunley’s Instagram posts, featuring one of her photos of a Black Lives Matter protest, in its entirety (again, preserving her username, caption, and hashtags). The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use.

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Blogging Copying Social Media Copyright 93

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. Skull arm design.

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Fair Use Design Designs Licensing 81

Biswajit Sarkar Copyright Blog

JULY 21, 2023

In other words, it gives the copyright owner the exclusive right to make copies of the work, and to exercise the ancillary rights that come with that monopolistic power, such as licensing rights, et cetera. However, that is sometimes not enough to avoid infringement, which is where registration comes in. In Alexander v.

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Copyright Artistic Work Copyright Infringement Ownership 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Tricky Tattoo copyright is also essential for safeguarding the artistic integrity and ownership of these unique body art creations. The genesis of copyright as an established legal right can be traced back to England, 1710 where the first copyright law— the Statute of Anne was established. In Alexander v.

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Artistic Work Ownership Copyright Infringement Copyright 52

Kluwer Copyright Blog

JANUARY 16, 2024

Meta further elaborates that “Books” comprises the text of books from two internet sources: (1) Project Gutenberg, an online archive of approximately 70,000 books that are out of copyright, and (2) the Books3 section of ThePile, a publicly available dataset for training large language models. Vicarious Copyright Infringement (17 U.S.C. §

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Derivative Work Copyright Infringement Copying Copyright 128

Plagiarism Today

JULY 27, 2021

The reason is that the track has faced not one, but two separate allegations of plagiarism, with many fans and critics alike wondering if the band may have run afoul of copyright law. Specifically, the accusations were that the melody of Butter matched the 2020 Luca song You Got Me Down.

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