IPilogue

NOVEMBER 11, 2021

This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very first international speaker from outside the United States. The Court refers to it more specifically as a “user’s right”.

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BYU Copyright Blog

SEPTEMBER 6, 2021

In our June 6, 2021, blog post we reported on a lawsuit between two companies that guide prospective college students in their application process. On June 13, 2021, Lehren filed its Answer wherein it admitted that it “copied a limited amount of text.” Plaintiff Ivy Coach, Inc. (“Ivy”)

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Copying Fair Use Advertising Advertising 52

IPilogue

OCTOBER 26, 2021

The decade-long dispute between Google and Oracle over computer code’s copyrightability finally came to an end on April 5, 2021. It is composed of two phases centering on two legal issues that were trialed separately—the copyrightability of APIs and the fair use doctrine. Oracle appealed successfully.

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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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IPilogue

SEPTEMBER 29, 2021

On March 26, 2021, the 2nd Circuit Court of Appeals in New York found that the famed artist Andy Warhol violated photographer Lynn Goldsmith’s copyright by using her photo of the singer Prince to create his “Prince Series.” A permissible derivative creation, or fair use, requires transformative changes made to the original.

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TorrentFreak

DECEMBER 31, 2021

On the brink of the new year, we look back at 2021 by going over the twelve most read news items of the last 12 months. In September, the Federation Against Copyright Theft and West Midlands Police announced that they shut down a major illegal streaming operation in the UK. All in all, it was quite a controversial year once again.

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IPilogue

OCTOBER 1, 2022

Typically, tattoo aftercare instructions include strictly hygienic recommendations, but tattoo artist Kat Von D might have a unique suggestion: prepare to be an exhibit in a copyright infringement lawsuit. Back on February 7, 2021, award-winning professional photographer Jeffrey B. Sedlik (“Sedlik”) filed a complaint in the U.

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IP and Legal Filings

JANUARY 13, 2023

Copyright infringement and De Minimis are often replaced to complement each other. However, de minimis is sometimes used as a defence in a copyright lawsuit. More often than not, the lawsuits filed for copyright infringement are cases of de minimis and thereto, get dismissed on the anvil of frivolity.

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TorrentFreak

SEPTEMBER 7, 2021

Filed in May, the complaint alleged two types of copyright infringement, violations of the Federal Communications Act (FCA), conversion, and violations of the Computer Fraud and Abuse Act. According to them, that’s not infringement. According to them, that’s not infringement. Fair Use Defenses.

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TorrentFreak

APRIL 5, 2023

In 2021, a group of Grand Theft Auto enthusiast programmers released ‘re3’ and ‘reVC’, a pair of reverse-engineered modifications for GTA 3 and Vice City. In their November 2021 answer to the complaint, the four men denied the copyright infringement allegations and cited fair use among other affirmative defenses.

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TorrentFreak

FEBRUARY 1, 2024

After the H3 Podcast aired a short clip of the event on YouTube, featuring a fight that lasted just 119 seconds, Triller filed a copyright infringement lawsuit against creators Ethan and Hila Klein. What began as a fairly bitter and personal affair has left both sides with little to celebrate since the lawsuit was filed in 2021.

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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. 511, 523 (2012).

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Technology & Marketing Law Blog

AUGUST 8, 2021

The Television Academies sued Goodman for copyright infringement, trademark infringement and dilution, and defamation. Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use.

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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 59

TorrentFreak

FEBRUARY 14, 2023

Over the past several years, a wave of copyright infringement lawsuits has targeted alleged cheaters and cheat makers. After the lawsuit was filed against the cheat seller in 2021, not much has happened. These transactions brought in roughly $146,000 in revenue, which Bungie demands as actual damages for copyright infringement.

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Plagiarism Today

AUGUST 17, 2021

1: 8th Circuit Revives Copyright Dispute Over House Floor Plans. First off today, Blake Brittain at Reuters reports that the 8th Circuit Court of Appeals has reinstated a copyright infringement lawsuit against the realtors Columbia House of Brokers Realty over the alleged infringement of floor plans.

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Kluwer Copyright Blog

FEBRUARY 11, 2022

Google prevails in what it has called “the copyright case of the decade.” April 5, 2021). Case date: 05 April 2021. Supreme Court has held in a six-to-two decision. Justice Thomas wrote in dissent and was joined by Justice Samuel Alito. Justice Amy Coney Barrett did not participate (Google LLC v. Oracle America, Inc.,

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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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TorrentFreak

OCTOBER 4, 2021

Early 2021 a group of programmers and Grand Theft Auto enthusiasts released ‘re3’ and ‘reVC’, a pair of reverse engineered releases of GTA 3 and Vice City. Copyright Infringment Lawsuit. Take-Two could’ve prevented this from happening by quickly filing a lawsuit.

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Technology & Marketing Law Blog

AUGUST 12, 2021

Under the Copyright Act, display. means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.”. Fair use : The court also grapples with fair use.

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TorrentFreak

APRIL 28, 2023

Over the past several years, a wave of copyright infringement lawsuits has targeted alleged cheaters and cheat makers. After the lawsuit was filed in 2021, very little happened. The same isn’t true for statutory copyright infringement damages, which are counted per copyright work, but in this case that was irrelevant.

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Copyright Infringement Copyright Fair Use Intellectual Property 114

Technology & Marketing Law Blog

OCTOBER 26, 2021

Thus, the plaintiff has to show a prima facie case of copyright infringement before the subpoena can be upheld. The bloggers countered with fair use. The court doesn’t see it: Nature of use. GoDaddy.com LLC , 2021 WL 4942658 (D. Baugher easily established the prima facie case of 106 violations.

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Plagiarism Today

JULY 8, 2021

If @GitHub (Microsoft) truly believes copilot isn't infringing on anyone's work, I want to offer them a chance to prove it: I'll donate $50k to a charity of their choice (or @EFF if we can't agree) if they release a Copilot version trained solely on Windows kernel source. Is it so short that its use is a fair use?

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BYU Copyright Blog

APRIL 12, 2021

Oracle") came to an end on Monday, April 5, 2021, when the Supreme Court issued its opinion on the case. The majority held in favor of Google's fair use defense to copyright infringement while Justice Thomas filed a dissenting opinion, joined by Justice Alito.

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The IPKat

JULY 27, 2021

The window for stakeholders and interested parties to make written submissions in response to the invitation of the Portfolio Committee on Trade and Industry in South Africa regarding certain clauses of the Copyright Amendment Bill (CAB) closed earlier this month on 9 July 2021. The point of debate is what to do about it.

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TorrentFreak

SEPTEMBER 3, 2021

“We claim that our project falls under fair use: our goal is clearly not piracy or anything as you still need the original game. Copyright Infringement Complaint. The gaming company also insists that the defendants have admitted that the source code is not original but intended to be copies of the originals.

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Technology & Marketing Law Blog

SEPTEMBER 18, 2021

In a weird turn, the plaintiffs only pursued a contributory copyright infringement theory against Instagram, where the incorporating websites are the direct infringers and Instagram facilitates their infringement. Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act. The complaint.

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Intellectual Property Law Blog

JUNE 5, 2023

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use. 5] Following the Supreme Court’s decision in 2021 in Google LLC v.

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Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. All of these facts placed Defendant on actual notice that it was highly likely that, in fact, Plaintiff’s Sticker Sheet was not infringing the Subject Design.

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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. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

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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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IP and Legal Filings

APRIL 19, 2022

It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Copyright infringement cases on the internet have increased because the internet has become more widely available. Legal Framework governing take down notice.

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Michael Geist

FEBRUARY 21, 2023

In doing so, they have relied on a steady diet of misleading claims about the state of the law, the licensing practices of Canadian educational institutions, the importance (or lack thereof) of copying of materials in course packs, and the effects of fair dealing. At the 2021 Supreme Court hearing in the Access Copyright v.

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Copyright Lately

AUGUST 2, 2021

That’s because, according to Instagram, embedding doesn’t constitute an act of direct copyright infringement in the first place. Providing these HTML instructions, per the server test, isn’t equivalent to displaying a “copy” of the image. Therefore, there’s no direct infringement. Sinclair Broadcast Group, Inc.

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Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. It’s usually on the receiving end of the “I came up with it first!”

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Patently-O

APRIL 6, 2023

1183 (2021). 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.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

In 2021, OpenAI’s Dall·E was able to create images in response to text prompts, including those combining unrelated concepts (such as “a snail made of harp”), but the results were merely competent in artistic terms. Generative AI Computer-generated art reached a tipping point in 2022.

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