LexBlog IP

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § ” But the existence of commercialism and website advertisements is not, and should not be, a death knell for a successful fair use defense.

Fair Use 52

Fair Use Advertising Advertising Copyright 52

LexBlog IP

NOVEMBER 30, 2023

Ross Intelligence Inc will provide guidance for similar AI training/copyright infringement cases and, as a bonus, it provides a bit of clarity (or muddies the waters… depending on your point of view) in the application of a post-Warhol fair use defense. These are the basic facts underlying this lawsuit.

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Copying 52

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.

Copyright Infringement 111

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.

Copyright Infringement 105

Copyright Infringement Copyright Copyright Notice Reporting 105

TorrentFreak

JANUARY 11, 2024

The cases allege that tech companies, including Meta and OpenAI, used the controversial Books3 dataset to train their models. It was created by AI researcher Shawn Presser in 2020, who scraped the library of ‘pirate’ site Bibliotik. For example, the authors alleged that Meta trained its AI on copyrighted works without permission. .

Fair Use 132

Fair Use Copyright Infringement Copying Copyright 132

Plagiarism Today

OCTOBER 13, 2022

However, after Prince died in 2016, it was revealed that Warhol actually made an additional 14 prints using the photograph. Lynn sued allegiging that those prints were a copyright infringement. The Appeals Court ruled against the Warhol estate finding that the images in question were not a fair use.

Cease and Desist 199

Cease and Desist Copyright Infringement Licensing Fair Use 199

TorrentFreak

MARCH 11, 2024

The cases allege that tech companies, including Meta, Microsoft, and OpenAI, used the controversial ‘Books3’ dataset to train their models. Books3 was created by AI researcher Shawn Presser in 2020, who scraped the library of ‘pirate’ site Bibliotik.

Copyright Infringement 100

Copyright Infringement Copying Fair Use Copyright 100

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. ” As such, Warner Bros.,

Copyright Infringement 246

Copyright Infringement Copyright Law Reporting Licensing 246

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. Mass Copyright Infringement or Fair Use? As such, they want it permanently taken down.

Publishing 134

Publishing Copyright Fair Use Copyright Infringement 134

TorrentFreak

MARCH 18, 2024

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. Last year, a New York Federal court concluded that the library is indeed liable for copyright infringement.

Publishing 108

Publishing Fair Use Copying Music 108

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. McFree sought to quash the subpoena.

Fair Use 129

Fair Use Copyright Infringement Marketing Marketing 129

Plagiarism Today

OCTOBER 4, 2022

This prompted Alexander to file a lawsuit against Take-Two, claiming copyright infringement of her work. 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.

Copyright 214

Copyright Fair Use Licensing Copyright Infringement 214

IP and Legal Filings

FEBRUARY 15, 2023

The availability of a large variety of information has also increased the risk of Copyright Infringement due to its easy accessibility and dissemination. This has led to varying degrees of copyright infringements in this digital era. However, with more advantages, some disadvantages also come into play.

Copyright Law 92

Copyright Law Copyright Law Social Media 92

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 115

Copyright Derivative Work Fair Use Reporting 115

IP Tech Blog

NOVEMBER 29, 2023

18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked. In Cramer v. Netflix, Inc. , 3:22-cv-131 (W.D. Koons , 467 F.3d

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

Technology & Marketing Law Blog

DECEMBER 31, 2021

In October 2020, the user posted 6 tweets attacking Brian Sheth , a private equity billionaire, that included photos “depicting a woman or portions of a woman’s body.” Due to the failed fair use defense, the court orders Twitter to comply with the 512(h) subpoena. 2021 WL 6135300 (N.D.

Fair Use 110

Fair Use Blogging Marketing Marketing 110

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 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Technology & Marketing Law Blog

OCTOBER 25, 2023

In the early days of the pandemic, tattoo artist Cramer created this tattoo and tattooed it onto her husband: The tattoo depicts Joe Exotic of Tiger King “fame,” a can of Lysol, some coronaviruses, and the words “Quarantine 2020.” Instead, she gets a 12(b)(6) dismissal based on fair use. Or the $50k.

Blogging 82

Blogging Copyright Fair Use Copyright Infringement 82

IP Watchdog

MARCH 5, 2023

The Copyright Claims Board (CCB) has issued its first final decision since it was established by law in December 2020, finding in favor of a photographer who claimed a lawyer infringed his copyright by displaying one of his photographs on his law firm website.

Copyright 128

Copyright Fair Use Copying Law 128

BYU Copyright Blog

MARCH 18, 2024

Hoiland sent Wilder the presentation on August 2, 2019, asking for notes and suggestions, and Wilder alleged that this was when she first learned of the alleged infringement. After a series of emails, Wilder filed a formal complaint with CUNY in March 2020, alleging academic misconduct and plagiarism on Hoilands part.

Fair Use 40

Fair Use Higher Education Copyright Infringement Marketing 40

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.

Copyright 60

Copyright Fair Use Copyright Infringement Ownership 60

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. Publishers Sue IA For Copyright Infringement. In a lawsuit filed June 1, 2020, in a New York court, Hachette Book Group, Inc., The service was not appreciated by book publishers.

Publishing 145

Publishing Fair Use Copyright Infringement Copyright 145

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. Mass Copyright Infringement or Fair Use? The Internet Archive has no such license.

Publishing 76

Publishing Copyright Copyright Infringement Copying 76

TorrentFreak

NOVEMBER 18, 2022

Japan does not recognize fair use and even if it did, experts predicted that ‘Fast Movies’ would still cross red lines. All three faced potential prison sentences plus fines for crimes allegedly committed in 2020. Fast Movie Crackdown. ” More Work To Be Done. ” More Work To Be Done.

Editing 135

Editing Television Copyright Infringement Advertising 135

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.

Fair Use 112

Fair Use Copying Licensing Copyright 112

BYU Copyright Blog

SEPTEMBER 2, 2022

We previously reported on this case in July 2021, May 2020, and November 2019. Seuss"), the successor to the author's intellectual property interests, filed suit against ComicMix LLC, the creator of the mashup, for both copyright and trademark infringement. Dr. Seuss Enterprises, L.P.

Settlement 52

Settlement Fair Use Intellectual Property Copyright Infringement 52

LexBlog IP

NOVEMBER 29, 2023

18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked. In Cramer v. Netflix, Inc. ,

Fair Use 52

Fair Use Cease and Desist Social Media Art 52

IPilogue

APRIL 12, 2022

While useful, they raise concerns of potential copyright infringement. He also argued that his videos should not qualify as infringement as they are non-commercial (free to watch). He released an official apology on his Facebook page in 2020 and compensated the claimed economic loss his videos caused.

Intellectual Property Law 119

Intellectual Property Law Television Copyright Infringement Fair Use 119

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.

Copyright 87

Copyright Fair Use Settlement Designs 87

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

Fair Use 136

Fair Use Privacy Copyright Technology 136

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.

Fair Use 52

Fair Use Intellectual Property Copyright Copyright Infringement 52

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.

Copyright 77

Copyright Copyright Infringement Music Copying 77

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.

Copyright 114

Copyright Fair Use Social Media Copying 114

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. §

Publishing 111

Publishing Fair Use Copying Editing 111

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 ). ” For example, when speakers have made many posts against multiple targets, and the alleged infringement would expose the author indiscriminately. Nature of the use.

Fair Use 93

Fair Use Plagiarism Copyright Marketing 93

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. Tribal design.

Fair Use 85

Fair Use Licensing Ownership Copying 85

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. Paging Section 113(c).

Copyright 97

Copyright Derivative Work Artwork Fair Use 97