2020, Copyright Infringement, Derivative Work and Fair Use

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

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

Fair Use Derivative Work Blogging Licensing

HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

JIPL Online

MARCH 15, 2021

With more content comes the increased possibility that Netflix is engaging in copyright infringement and on the receiving end of copyright infringement claims. [1] 1] This blog will briefly summarize a few of the notable copyright infringement cases Netflix has defended against in the United States.

Copyright Infringement

Copyright Infringement Copyright Public Domain Derivative Work

Copyright Parody Exception Denied Due to Defendant’s Discriminatory Use

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

Copyright Derivative Work Fair Use Reporting

Generative AI: admissibility and infringement in the two US class actions against Meta’s LLaMA

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. §

Derivative Work

Derivative Work Copyright Infringement Copying Copyright

Deadly Dolls and a Forgotten Copyright Exception

Copyright Lately

SEPTEMBER 12, 2022

Unfortunately, however, Section 113(c) is like the Generation X of copyright law—it’s remarkably useful, underrated, and largely overlooked—even by copyright lawyers and judges. Vila licensed his photo to various online and print publications for use in articles about Shayk. Deadly Doll, Inc. Vila’s Motion.

Copyright

Copyright Derivative Work Artwork Fair Use

IT’S THE COPYRIGHT INFRINGEMENT FOR ME: WHY CLAIMS AGAINST MEME CONTENT SHOULD NOT MATTER

JIPL Online

APRIL 9, 2021

In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale. 277 (2020). [iv]

Copyright Infringement

Copyright Infringement Copyright Intellectual Property Blogging

Tattoo Artist’s Trial Win is a Loss for Bodily Autonomy, Free Speech

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. That $3,750 works out to a measly $71 for each month the case has been pending.

Fair Use

Fair Use Designs Design Licensing

The 5 Worst Copyright Lawsuits of 2023

Copyright Lately

DECEMBER 24, 2023

The first was to ink an image of Tiger King star Joe Exotic (along with a can of Lysol and a “Quarantine 2020” toilet paper banner) onto her husband’s thigh as part of a gift certificate promotion for the business. When Netflix refused to pay up, Cramer sued for copyright infringement. Even though Cramer v.

Copyright

Copyright Copyright Infringement Music Fair Use

Copyright, Free Speech Clash in Dispute Over Cameron Boyce’s Final Film

Copyright Lately

MARCH 6, 2023

Coakley’s Certificate of Engagement (from court files) Allegations of On-Set Misconduct Emerge Runt premiered at the Mammoth Film Festival in February 2020 , where the film took home the festival’s Audience Award for Best Feature Film. The Sixth Circuit ruled in Balsley’s favor, rejecting Hustler ‘s fair use defense.

Copyright

Copyright Derivative Work Fair Use Social Media

Nintendo’s Actions Demonstrate Our Intellectual Property Laws are Broken

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. It is an open legal question whether this would constitute an infringing derivative work.

Intellectual Property Law

Intellectual Property Law Intellectual Property Cease and Desist Law

AI Generated Art and its conflict with IPR

IIPRD

APRIL 8, 2024

The ambit of IPR when it comes to recognizing these AI generators and whether they are also capable of copyright infringement by transforming other creators work has been discussed in detail in the article. 6] If these claims will be justified then the penalties will be placed for said infringement. [7] 152 (2020).

Art

Art Artwork Intellectual Property Copyright Law

Microsoft's PR agency got Gannett sued by sending it an ad for its Superbowl Ad Meter

43(B)log

SEPTEMBER 7, 2023

A PR rep sent an email to Gannett stating, “I would like to submit Microsoft’s 2020 Super Bowl ad, ‘Be The One,’ featuring Katie Sowers to the USA Today Ad Meter.” Campbell sued for copyright infringement, contributory/vicarious copyright infringement, and CMI removal.

Advertising

Advertising Advertising Copyright Infringement Publishing

A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)

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). Complaint ¶ 64] In the alternative, Trump pleads that he owns the copyright only in his responses to Woodward’s questions.

Copyright

Copyright Blogging Publishing Fair Use

Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

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.

Blogging

Blogging Copying Social Media Copyright

Intellectual Property Pulse

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

Trending Sources

Copyright Parody Exception Denied Due to Defendant’s Discriminatory Use

Generative AI: admissibility and infringement in the two US class actions against Meta’s LLaMA

Deadly Dolls and a Forgotten Copyright Exception

IT’S THE COPYRIGHT INFRINGEMENT FOR ME: WHY CLAIMS AGAINST MEME CONTENT SHOULD NOT MATTER

Tattoo Artist’s Trial Win is a Loss for Bodily Autonomy, Free Speech

The 5 Worst Copyright Lawsuits of 2023

Copyright, Free Speech Clash in Dispute Over Cameron Boyce’s Final Film

Top 3 posts for summer reading from our IP law blogs

Nintendo’s Actions Demonstrate Our Intellectual Property Laws are Broken

AI Generated Art and its conflict with IPR

Microsoft's PR agency got Gannett sued by sending it an ad for its Superbowl Ad Meter

A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)

Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

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