Plagiarism Today

MAY 18, 2022

However, for every site that offers free stock photography, there are dozens of articles saying why you shouldn’t use them. These articles come from a variety of sources including publishing blogs , sites that help those that run churches and even sites that help photographers enforce their images. Reasons to Calm Down (Some).

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Licensing Copying Public Domain Copyright 300

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. Below are my thoughts on what is interesting about these cases. v Stability A.I.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Plagiarism Today

OCTOBER 26, 2021

If the costume isn’t licensed, why is it not infringing regardless of the name change? 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.

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Trademark Copyright Cease and Desist Copying 241

LexBlog IP

JUNE 27, 2023

Her 1981 black-and-white photo of Prince was used as the source for colored prints by Warhol, who in turn was commissioned to create a single work for a 1984 article about the musician in Vanity Fair magazine. [3] 3] Goldsmith received a small licensing fee for this use and was co-credited with Warhol in the magazine.

Litigation 52

Litigation Intellectual Property Art Fair Use 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

Read the full article on I ntellectual Property Magazine. PDF copy available. With these technical advances comes an increase in legal activity, including intellectual property (IP) filings and litigation. Enforcement and litigation considerations. Fish principals Hyun Jin (HJ) In, Ph.D.

Intellectual Property 52

Intellectual Property Litigation Patent Prosecution IP 52

Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2016, the defendant IJR published an article/listicle titled “15 Signs Your Daddy Was a Conservative.” In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. IJR argued that Philpot provided free licenses to the work. Nature of the Work.

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Fair Use Licensing Copyright Marketing 89

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. There’s surprisingly little copyright litigation in the tattoo space.

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Copyright Fair Use Licensing Copyright Infringement 203

Kluwer Copyright Blog

APRIL 8, 2024

Copy-reliant technologies have banked heavily on that principle over recent years and it wouldn’t be a stretch to say that the principle of non-expressive use has become the legal foundation of how the internet essentially works. Litigation against these models has piled up at the same breakneck speed as they have gained ground.

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Fair Use Copyright Copying Technology 111

IP Watchdog

AUGUST 22, 2021

After a decade of litigation across two continents and an unpaid multi-million-dollar judgment, the parties are once again in court. This time, however, WPL’s arguments pose grave dangers to all owners of other copyrighted works. WPL did not try to compete with SAS by building a different or better product.

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Copyright Law Copyright Law Copying 126

Kluwer Copyright Blog

JUNE 27, 2023

2-g: the Portuguese transposition did not opt for any licensing carve-out nor any fair compensation schemes. Beyond the obligations imposed by Articles 3-6 CDSM Directive, the Decree-Law also adjusts the Portuguese legal framework on copyright exceptions in light of Articles. Worth noting is that the implementation of Art.

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Art Contracts Publishing Licensing 103

Velocity of Content

MAY 1, 2024

This article appears in the Information Today May 2024 print issue. 29 town hall, The Heart of the Matter: Copyright, AI Training and LLMs, presented a comprehensive case that AI systems do infringe copyrights and called for a licensing system to compensate content owners. Republished with permission.

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Fair Use Copying Licensing Copyright 52

Plagiarism Today

OCTOBER 19, 2022

github copilot, with "public code" blocked, emits large chunks of my copyrighted code, with no attribution, no LGPL license. However, the Copilot version did not come with the LGPL license, a requirement of using code under that license, nor was there any indication that it was copied.

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Licensing Copying Fair Use Litigation 224

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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Fair Use Art Licensing Publishing 118

SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

Licensing 105

Licensing Litigation Technology Patent 105

IP Tech Blog

FEBRUARY 15, 2023

licensing, assignment, JVs, cooperation and co-development etc.) If a secret is stolen, or the ownership or its proper apportionment are disputed, or if a third party is trying to copy software containing AI algorithms, the right holders must not shy away from taking proper enforcement measures. But rights holders must be prepared.

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Intellectual Property Due Diligence Ownership IP 113

The IPKat

FEBRUARY 3, 2023

On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe. It is evident that the eventual scope of Section 29A owed to the possibilities and constraints under Article 5(3)(a) of the InfoSoc Directive.

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Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

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Blogging Copying Social Media Copyright 96

IPilogue

OCTOBER 28, 2021

In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. The Act defines a “useful article” as having a utilitarian function, which encompasses most clothing. Scary Issues with Licensing and Trademarks.

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Intellectual Property Designs Design Copyright 116

Fish & Richardson Trademark & Copyright Thoughts

MARCH 14, 2022

Read the full article on Law360. PDF copy available. In doing so, the AIA sought to “establish a more efficient and streamlined patent system that [would] improve patent quality and limit unnecessary and counterproductive litigation costs.” See, e.g., 3G Licensing, SA et al. 1-17-cv-00085-LPS-CJB, D.I.

Litigation 52

Litigation Patent Art Licensing 52

IP Watchdog

OCTOBER 20, 2023

These outputs also copy the publishers’ lyrics because Claude is trained on the infringing works and does not license the copyrights to those works, like other music lyric aggregators, said the publishers.

Copyright 115

Copyright Music Publishing Copying 115

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

PDF copy available. With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. 19 Ancillary technologies have likewise seen a spike in patent litigation activity in recent years, including charging technologies and battery control systems (e.g.,

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

This article explores the growth of AI technologies and the reasons for the limited footprint of AI disputes before the PTAB, which provides early lessons that can be used to extrapolate future trends. Read the full article on Bloomberg Law. PDF copy available. A Bloomberg Law article noted that U.S. patent litigation.

Law 40

Law Patent Technology Art 40

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. Goldsmith et al, Case No. Unbeknownst to Ms.

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Fair Use Derivative Work Copying Licensing 57

Kluwer Copyright Blog

AUGUST 22, 2023

We are interested in exploring whether in the EU Arts 3 and 4 of the Copyright in the Digital Single Market Directive (CDSMD) played a role in shaping the contractual practices in selected industry sectors in relation to the licensing of works as training data. While art. 3 is purpose-limited to scientific research and is imperative (art.

Publishing 98

Publishing Art Licensing Copying 98

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Read the full article on Managing IP. PDF copy available. One joint inventor cannot stop another from independently selling, conveying, assigning, or licensing the patent. In Europe, the right of priority is based on the three requirements of Article 87(1) EPC: (a) same applicant, (b) same invention, and (c) first application.

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Patent Prosecution Invention Inventor Patent 75

The IP Law Blog

AUGUST 4, 2022

Embedding” means the process of copying unique HTML code assigned to the location of a digital copy of the photo or video published to the Internet, and the insertion of that code into a target webpage or social media post so that photo or video is linked for display within the target post. Alexis Hunley et al v. Amazon.com, Inc.

Copyright Infringement 98

Copyright Infringement Social Media Licensing Publishing 98

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). As a result, the original text of Article 15 CDSM was subject to a number of amendments. The Italian press publishers’ “creative” negotiation and licensing scheme. Article 43bis l.aut.

Publishing 56

Publishing Law Contracts Licensing 56

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. Goldsmith et al, Case No. ” Unbeknownst to Ms.

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Fair Use Derivative Work Copying Licensing 52

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. A useful article is an object like clothing or furniture that has an intrinsic utilitarian function that’s not merely to portray appearance or convey information.

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Copyright Derivative Work Artwork Fair Use 96

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). As a result, the original text of Article 15 CDSM was subject to a number of amendments. The Italian press publishers’ “creative” negotiation and licensing scheme. Article 43bis l.aut.

Publishing 52

Publishing Law Contracts Licensing 52

Copyright Lately

MAY 22, 2023

In a 7-2 decision , the Court ruled that the commercial licensing of Andy Warhol’s “Orange Prince” to Condé Nast to illustrate a story about the late musician shared “substantially the same purpose” as the original Lynn Goldsmith photo from which Warhol’s silkscreen was derived, and therefore weighed against fair use. Goldsmith.

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Fair Use Licensing Copying Artwork 91

43(B)log

MARCH 1, 2022

Bell allegedly offers licenses for its use. Enhanced reputation can be a commercial benefit, such as when a scientist falsely presents another’s article as her own.” If that were all, copying the WIN Passage would be qualitatively significant. But the tweets didn’t do that. NXIVM Corp. Ross Institute, 364 F.3d 3d 471 (2d Cir.

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Fair Use Social Media Licensing Marketing 90

BYU Copyright Blog

SEPTEMBER 12, 2022

This dispute concerned an image shared under a Creative Commons license, which was allegedly used by the law firm Meyer, Suozzi, English & Klein, P.C. the "Plaintiff") in an article it produced without complying with the attribution requirements of the license. Higbee et alWe previously reported on this case here.

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Settlement Licensing Publishing Reporting 52

43(B)log

AUGUST 3, 2023

Musicologists in litigation: (1) identify formal similarities—instrumentation, chord progression; (2) opine on how aesthetically similar/significant those similarities are; (3) opine about the rarity of similar features; (4) opine that copying did or didn’t occur. Musicology articles talk about copying all the time.

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Music Art Copying Licensing 52

LexBlog IP

FEBRUARY 15, 2023

licensing, assignment, JVs, cooperation and co-development etc.) If a secret is stolen, or the ownership or its proper apportionment are disputed, or if a third party is trying to copy software containing AI algorithms, the right holders must not shy away from taking proper enforcement measures. But rights holders must be prepared.

Intellectual Property 52

Intellectual Property Due Diligence Ownership IP 52

The IPKat

NOVEMBER 22, 2021

Who receives the credit and the licensing rights? Relying on theatrical studies and the empirical study, the chapter provides insights into the way that producers, directors, playwrights, and actors regulate – or choose not to regulate – disputes about copying.

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Copyright Law Moral Rights Copyright Law 145

Kluwer Copyright Blog

MAY 9, 2023

In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders. The analysis below will focus on the EU TDM exceptions, especially Article 4 CDSM Directive. Articles 3 and 4 CDSM Directive then contain two TDM-related mandatory exceptions.

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Copyright Fair Use Copyright Law Law 137