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 and, as a result, did not constitute fair use. [2] 107), “when it conveys a different meaning or message from its source material.”

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IP Watchdog

NOVEMBER 17, 2021

“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. Naturally, the way courts analyze the “fair use” defense must adapt as technology advances and the way in which creative content is developed evolves.

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Patently-O

APRIL 3, 2022

Although Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. Apparently Vanity Fair commissioned Warhol to make an illustration for its 1984 article on Prince. The published article acknowledges Goldsmith. In the 1980s, Warhol created a set of silkscreens of the musician Prince. 17 U.S.C. §

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IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms.

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LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. ” Unbeknownst to Ms.

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IP Law 360

AUGUST 24, 2022

s copyright infringement suit accusing him of unlawfully copying and distributing thousands of news articles from The Wall Street Journal, arguing that his actions are protected under fair use. A prominent investment manager has asked a Texas federal judge to dismiss Dow Jones & Co.'s

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LexBlog IP

MAY 19, 2023

Yesterday, the Supreme Court held 7-2 that a specific use of Andy Warhol’s “Orange Prince” silk screen—based on a copyrighted photograph of Prince—was not fair use. The first factor did not apply to Warhol’s image as published in Condé Nast in 2016, so that specific use was not fair use.

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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] Vanity Fair , in turn, commissioned Warhol to make a silkscreen using Goldsmith’s photograph. He did just that.

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SpicyIP

MAY 2, 2022

You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? In response the Defendant claimed, “ fair use” and “ de minimis” use. The Court also recognized that use in “a reduced form” would be fair. Akshat Agrawal. Harper et al.,

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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 of Appeal unanimously held that the scope and content of the fair dealing defence should include works of criticism.

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43(B)log

MARCH 1, 2022

25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.

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Patently-O

JANUARY 4, 2024

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. Winston & Strawn , 23-cv-11193 (S.D.N.Y.

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LexBlog IP

MAY 24, 2023

Goldsmith , Opinion located here , the estate of deceased pop artist Andy Warhol argued its use of the photo at issue was fair use under the first of the four Fair Use test factors (the “purpose and character of the use”), because Warhol’s contributions were transformative, adding new expression, meaning, or message.

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Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. Percentage of Original Material Used.

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TorrentFreak

DECEMBER 31, 2021

Every year we write hundreds of articles here at TorrentFreak, and some are more popular than others. Despite the broad attention, the download numbers were relatively low for this low-quality leak that took place before the US theatrical premiere. All in all, it was quite a controversial year once again.

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IP Watchdog

APRIL 10, 2024

For their part, some GenAI companies like OpenAI argue that there is no infringement, either because there is no “copying” of protected materials or that the copyright principle of fair use uniformly applies to generative AI activities. These arguments are deeply flawed and gloss over crucial technical and legal issues.

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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] Section 107 of the Copyright Act provides that “fair use of a copyrighted work.

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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] Section 107 of the Copyright Act provides that “fair use of a copyrighted work.

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Biswajit Sarkar Copyright Blog

JUNE 23, 2022

The rights of speakers, organisers, and participants under Indian copyright law will be discussed in this Article, which will explore copyright concerns connected to webinars. Fair use; webinar recordings. The post Ownership, Licensing, and Fair Use of Copyright for Webinars appeared first on Biswajit Sarkar Blog.

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Velocity of Content

APRIL 11, 2024

This article originally appeared in IP Watchdog. A spate of recent lawsuits is shining light on how some generative AI (GenAI) companies are using copyrighted materials, without permission, as a core part of their products. This has significant legal implications….” Re-published with permission.

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TorrentFreak

MAY 16, 2024

The organization literally archives key parts of the Internet, copying older versions of websites to preserve them for future generations. However, not all music industry insiders were happy with it, as the copying took place without obtaining permission from all rightsholders. — A copy of U.S.

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TorrentFreak

FEBRUARY 27, 2024

In the ordinary course, one cannot use ChatGPT to serve up Times articles at will,” the motion to dismiss reads. In its complaint, the Times did show evidence that OpenAI’s GPT-4 model was able to supposedly generate several paragraphs that matched content from its articles. ‘NYT Paid Someone to Hack OpenAI’?

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TorrentFreak

MAY 1, 2024

Newspapers Sue OpenAI and Microsoft The New York Daily News, Chicago Tribune, Orlando Sentinel, Sun-Sentinel, Mercury News, Denver Post, Pioneer Press, and Orange County Register, claim that the AI companies used their publications to train and develop ChatGPT models without obtaining permission.

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Kluwer Copyright Blog

APRIL 22, 2024

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. And why is that?

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TorrentFreak

MAY 1, 2024

Newspapers Sue OpenAI and Microsoft The New York Daily News, Chicago Tribune, Orlando Sentinel, Sun-Sentinel, Mercury News, Denver Post, Pioneer Press, and Orange County Register, claim that the AI companies used their publications to train and develop ChatGPT models without obtaining permission.

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TorrentFreak

DECEMBER 20, 2023

“NASCAR Community in Shock” An article on Essentially Sports reporting on the complaints begins by stressing the importance of the NASCAR community. What About Fair Use? While not conclusive in its own right, a commercial component tends to weigh against a finding of fair use.

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Plagiarism Today

OCTOBER 26, 2021

Costumes are considered “useful articles” and, similar to most of the fashion industry , does not qualify for any kind of copyright protection. . First, design elements that are “physically or conceptually separate” from the article can be protected. However, commercial use of costumes still raises legal questions.

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TorrentFreak

DECEMBER 22, 2023

According to the Authors Alliance, IA’s digital ebook library is a prime example of a service that should be permitted to operate as fair use, as it benefits both writers and readers. Instead of allowing libraries to own copies, they have to license them, which makes it impossible to add them to the permanent archive.

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TorrentFreak

MARCH 19, 2024

OpenAI/Microsoft Late last year The Times sued OpenAI and Microsoft , alleging that its generative AI models were trained on copyrighted news articles. The news publication also suggested that, when prompted the right way, ChatGPT could recite content from these articles. “Defendants’ generative AI models are nothing like VCRs.

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TorrentFreak

APRIL 7, 2024

While we would never vouch for the accuracy of any fingerprinting filter, WebKyte provided us with access to their platform, allowing us to upload files and check the accuracy. After uploading a copy of TPB-AFK to the system, near-instantly it found over 2,000 matches across the dozen platforms.

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TorrentFreak

MARCH 29, 2024

At the same time, the company labeled Microsoft’s other defenses, including fair use, as premature. As highlighted previously, The Times did reference a Gizmodo article that suggested ChatGPT’s ‘Browse with Bing’ was used by people to bypass paywalls. “Microsoft’s point was not that VCRs and LLMs are the same.

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Plagiarism Today

SEPTEMBER 15, 2021

In the lawsuit, Pearson alleges that Chegg, through the use of thousands of freelancers, provides answers to questions found in textbooks it publishes and, in doing so, often copies the question verbatim or with slight paraphrasing. As a result, Pearson is suing Chegg alleging copyright infringement.

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Intepat

JANUARY 8, 2024

student from University of Petroleum and Energy Studies, Dehradun Introduction The New York Times, one of the most respected news organizations, has taken legal action against OpenAI and Microsoft, accusing them of using their articles without authorisation to train their powerful AI models, including the widely used ChatGPT.

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Plagiarism Today

OCTOBER 4, 2022

Last week, Moss summarized the history of the case in an article that is well worth reading. However, the important thing to know is that there was no doubt that Take-Two did copy the tattoos in question and there was no question of Alexander’s ownership of them. From Three Defenses to One.

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LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1]

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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. At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. Damle introductory statement, Tr.

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Technology & Marketing Law Blog

AUGUST 12, 2021

It embedded the video as part of an article talking about the “starving polar bear going viral.” This article was posted on the Sinclair website and the video was embedded in the article. Nicklen alleges that the article (and embedded video) was posted to the website of various local affiliates of Sinclair.

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