Technology & Marketing Law Blog

AUGUST 31, 2021

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. These three cases address fair use in this context. McGucken moved for summary judgment on the fair use defense. The second factor weighs slightly against fair use.

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LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

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LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Goldsmith counterclaimed for copyright infringement. 4] ), and issued a new decision in which it reached the same result. [5].

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TorrentFreak

FEBRUARY 20, 2022

Depending on opinion, the Watch Tower Bible and Tract Society, the supervising body and publisher for the Jehovah’s Witness religious group, either doesn’t like criticism, dislikes copyright infringement, or hates both. This means that opposing opinions become somewhat of a footnote when the group launches copyright infringement action.

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IPilogue

NOVEMBER 11, 2021

For fifty years, the Copyright Society of the USA (CSUSA) has invited numerous esteemed figures to present the annual Donald C. 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.

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TorrentFreak

OCTOBER 1, 2023

In our brave new world where millions of ordinary people are copyright holders of snaps they publish to social media or videos they upload to YouTube, awareness of copyright law is at an all-time high. ” and “Is it copyright if nobody knows I copied a song and changed it so it sounds nothing like the original?”

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TorrentFreak

FEBRUARY 23, 2022

In 2021, Reddit’s users created nearly 5.8 For the purpose of this report, however, we’ll home in on the copyright issues faced by Reddit during the last year and how the site responded to them. Copyright Removals. “In 2021, Reddit received 177,450 copyright notices reporting 920,672 pieces of content.

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LexBlog IP

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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Copyright Lately

JANUARY 23, 2024

A federal jury is set to decide whether celebrity tattoo artist Kat Von D infringed photographer Jeff Sedlik’s copyright in a Miles Davis portrait by tattooing the image onto her client’s body. A first-of-its-kind copyright infringement trial is scheduled to begin today in Los Angeles. The Good, the Bad and the.

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43(B)log

OCTOBER 13, 2021

28, 2021) Eddy Grant sued Trump and his campaign for retweeting a pro-Trump video that used Grant’s famous “Electric Avenue” without authorization. Fair use can rarely be decided on a motion to dismiss, the court said, and this wasn’t one of those cases. 20-cv-7103 (JGK) (S.D.N.Y. So too here. Netflix, Inc.,

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LexBlog IP

MAY 26, 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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Velocity of Content

DECEMBER 6, 2023

This post originally appeared in the Scholarly Kitchen on 11/28/23 Monday, October 30 was the final date for interested parties to submit comments to a comprehensive “ Notice of inquiry and request for comments ” issued by the United States Copyright Office entitled “Artificial Intelligence and Copyright.”

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TorrentFreak

SEPTEMBER 18, 2023

Trump’s ability to attract and generate controversy will go down in history, as will his numerous appearances in copyright infringement lawsuits. Use Was Not Fair In October 2021, U.S. District Judge John Koeltl said each of the fair use factors weighed in favor of Grant.

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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. copyright law. It is arguably, as Stanford law professor Mark Lemley coined it, “ the copyright case of the century. ” . The case meandered through constant reversals of judicial judgements.

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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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Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. We, who have been writing and teaching about copyright law and how it has responded to challenges posed by new technologies for decades, were among those who submitted comments, see [link].

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Kluwer Copyright Blog

JANUARY 20, 2022

At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. In 2012, US NASA’s robotic rover touched down on Mars. It was taken down after one hour, as it was subject to a copyright notice by a news channel relying on the US DMCA. 3 million), Copyright Match (ca.

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The IPKat

APRIL 3, 2023

The IPKat has received and is pleased to host a guest contribution by Desmond Oriakhogba on the new Copyright Act 2022 signed into law by Nigeria's President. The reform process is now complete with the recent assent to the Bill, as the Copyright Act 2022, by the Nigerian President.

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Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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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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Technology & Marketing Law Blog

AUGUST 2, 2021

I’m pleased to announce the 2021 edition of my Internet Law casebook, Internet Law: Cases & Materials. The book is available as a PDF at Gumroad for $10, as a Kindle ebook for $9.99, and in hard copy at Amazon for $20. If you’re an academic and would like a free evaluation copy, please email me. Note About Fair Use.

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Plagiarism Today

JULY 8, 2021

1/ [link] — Jake Williams (@MalwareJake) July 3, 2021. She says that text and data mining is not a copyright infringement and that, since an AI cannot produce a copyright-protected work, its output cannot be an infringement. According to the court, Google’s use was transformative enough to be a fair use.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Very few jurisdictions expressly provide for copyright in computer-generated works.

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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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SpicyIP

JULY 12, 2021

Last month, the Ministry of Information and Broadcasting received severe criticism from the film industry, free speech advocates, and the public when it announced the Cinematograph (Amendment) Bill 2021 (‘Bill’). Piracy and Fair Use. The only respite from this is exemption of instances covered by Section 52 of Copyright Act.

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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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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. Fair Use Defenses. In July, Triller filed its second amended complaint which added Teddy Fresh Inc. and 10 ‘Doe’ defendants.

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IPilogue

OCTOBER 4, 2021

Photocopying classroom materials in a K-12 public school system may have seemed harmless and benign before the 2012 Supreme Court of Canada case, Alberta v Canadian Copyright Licensing Agency (Access Copyright). The decision reframes traditional teaching pedagogies by considering the artist and owner rights under copyright law.

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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

JANUARY 28, 2022

Takedown notices are a vital tool for copyright holders who want to make sure that infringing copies of their work are not widely distributed. It reveals that the number of copyright notices received during the first half of 2021 increased slightly compared to the six months before. Twitter is certainly no exception.

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Kluwer Copyright Blog

FEBRUARY 11, 2022

Google prevails in what it has called “the copyright case of the decade.” In what Google has called “the copyright case of the decade,” the Court held that Google’s use included only those lines of code that were needed to allow programmers to create a new and transformative program. April 5, 2021).

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit seeks a declaratory judgment that Trump owns the copyright in the sound recordings (or in the alternative, in his interview responses on the recordings), and that Trump is entitled to all or the lion’s share of the profits made from the sale of those recordings and transcripts, which the lawsuit (absurdly) values at almost $50 million.

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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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43(B)log

FEBRUARY 16, 2022

Summary of argument: The constitutional goal of copyright protection is to “promote the progress of science and useful arts,” Art. 8, and the first copyright law was “an act for the encouragement of learning,” Cambridge University Press v. It is that functionality, and not the copying, to which Apple truly objects.

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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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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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Michael Geist

FEBRUARY 21, 2023

Canadian copyright lobby groups have relentlessly lobbied the government to overturn decades of Supreme Court of Canada jurisprudence, seeking unprecedented restrictions on fair dealing that include eliminating it for educational institutions if a licence is available. These claims are grounded in multiple inaccuracies.

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