IP and Legal Filings

MAY 3, 2024

Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. Understanding legal and fair use is especially important in academic settings because dissemination of information often requires the use of evidence.

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LexBlog IP

SEPTEMBER 16, 2021

The public domain is, broadly speaking, a good thing for both consumers and creators, although the creators of the original work passing into the public domain might feel differently were they still alive to put up a fuss.

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Copyright Public Domain Fair Use Art 52

JIPEL Copyright Blog

MARCH 9, 2022

From July 2017 to April 2018, the Art Gallery of Ontario (the “AGO”) staged an exhibition titled “ ReBlink ,” which urged visitors to “[t]ake a second look… with a modern lens:”. addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive.

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Kluwer Copyright Blog

OCTOBER 17, 2023

In a nutshell, generative AI raises two main copyright issues that branch off into further sub-problems which in turn intercept (if not collide with) some fundamental rights, especially freedom of artistic expression, freedom of art and science and the right to science and culture (Arts. Firstly, the amendment 399 to Art.

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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. Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , No.

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Fair Use Derivative Work Blogging Licensing 97

Velocity of Content

JUNE 8, 2022

Their reuse of the underlying materials may (in theory) be excused under the doctrine of fair use, including parody , or what is increasingly referred to as ‘ transformative use’ – a concept itself derived from the four fair use factors called out in Title 17 (Section 107).

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Biswajit Sarkar Copyright Blog

JULY 19, 2022

Recognize the subtleties of fair use. If you can’t get permission, you can still freely use original work for non-commercial purposes if you are aware of your rights under fair use. Before using someone else’s creation, consider how your actions will affect its market worth.

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Art Law Journal

MARCH 11, 2021

If the owner of a copyrighted work cannot be found, can I use it? The post Using Orphan Works (Copyright Holder Can’t Be Located) appeared first on Art Business Journal. It may be possible if you analyze the orphan work properly.

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43(B)log

FEBRUARY 19, 2022

While Rogers rejected any consideration of whether the speaker had adequate alternatives to using the plaintiff’s trademark because speakers are entitled to choose their own ways of speaking, the religious cases embrace the concept of adequate alternatives. Is it art, collaboration, or something else? Applies to Satan Shoes.

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IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.

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Velocity of Content

DECEMBER 6, 2023

Significant amounts of content are also available through the public domain. Word embeddings are usually stored in vector databases but a detailed description of all the approaches to storage is beyond the scope of this response since there is a wide variety of vendors, processes, and practices that are in use. TVEyes, Inc.,

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43(B)log

AUGUST 3, 2023

Michael Carroll (w/ Peter Jaszi), Fair Use After Google and Warhol Codification is a big deal; clarifies that fair use is a distinct doctrine, whereas well into 20th century courts were using it as noninfringement. Courts weren’t using four factors before that. A: we have to give meaning to the verbiage.

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Art Law Journal

MARCH 11, 2021

If the owner of a copyrighted work cannot be found, can I use it? Louis Smoller. It may be possible if you analyze the orphan work properly.

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Copyright Public Domain Fair Use Copyright Infringement 58

SpicyIP

AUGUST 28, 2022

Hamar Television , regarded Section 52 of the Copyright Act, 1957 as a ‘right’ i.e. “right to make fair use or to deal fairly”, stemming from the fundamental right to free speech. E.g. Sam Ricketson and Jane Ginsberg interpret Art. Recently, in India today vs Newslaundry , the Delhi Court, relying on Super Cassettes v.

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43(B)log

FEBRUARY 4, 2023

Romantic authorship: feminist scholars critically assess role of originality in © and image of authorship as a solitary, isolated male genius detached from his community and the background of the art in which he works (Shelley Wright). public domain. Would it allow fair use? Gendering of genius. Who is doing it?

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43(B)log

JUNE 24, 2022

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? Yet the company is aggressive against anyone using that term.

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Kluwer Copyright Blog

MARCH 28, 2023

Niklas Jansson, Public domain, via Wikimedia Commons On 30 December 2022, the Italian Supreme Court ( Corte di Cassazione ) issued an order that intervened again on the interpretation of the quotation exception under Article 70 of the Italian Copyright Act ( l. Today, Italian law, following the implementation of Art.

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Technology & Marketing Law Blog

JUNE 21, 2023

On the other hand, the Court did not suggest anywhere in the opinion that considering the artistic relevance of the allegedly-infringing use was the correct approach when evaluating an infringement claim. In addition, in the Ninth Circuit, the doctrines of nominative fair use (discussed in Toyota v. Redbubble, Inc. ,

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LexBlog IP

JANUARY 10, 2024

Government by its officers and employees should not be subject to copyright” and fall “in the public domain.” ” US Const., ” US Const., And interviews involving Donald Trump have long been likened to performance art, even in periods before his presidency. ” H.R. II, Section 3.

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