Blogging, Copying and Fair Use - Intellectual Property Pulse

Internet Archive: Digital Lending is Fair Use, Not Copyright Infringement

TorrentFreak

DECEMBER 18, 2023

Patrons can also borrow books that are scanned and digitized in-house, with technical restrictions that prevent copying. Staying true to the centuries-old library concept, only one patron at a time can rent a digital copy of a physical book for a limited period. Mass Copyright Infringement or Fair Use?

Fair Use

Fair Use Copyright Infringement Copyright Copying

Reaction Videos Are Fair Use–Thiccc Boy v. Swindelles

Technology & Marketing Law Blog

FEBRUARY 25, 2024

The court finds fair use. Purpose and Character of Use. However, to copy any less than the entire frame of each video would have disturbed the material and made the videos useless to the commentary. 22, 2024) The post Reaction Videos Are Fair Use–Thiccc Boy v. ” Amount Taken.

Fair Use

Fair Use Copyright Infringement Television Copyright

Let’s Go Hazy: Making Sense of Fair Use After Warhol

Copyright Lately

MAY 22, 2023

Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. Andy Warhol Foundation v.

Fair Use

Fair Use Licensing Copying Artwork

Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. IJR

Technology & Marketing Law Blog

FEBRUARY 12, 2024

We’ve blogged some of his cases before ( 1 , 2 ), including the lower court ruling in this case. This is what I call a “commercial editorial use”–ad-supported editorial content. Courts routinely split on whether commercial editorial use is commercial for fair use purposes. Amount Taken.

Fair Use

Fair Use Licensing Copyright Marketing

Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use

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.

Fair Use

Fair Use Derivative Work Copying Licensing

Kanye West Faces A Copyright Infringement Lawsuit: Is “Fair Use” Fair?

IPilogue

MAY 26, 2022

An artist who fails to acquire permission from the copyright owner can use the ‘fair use’ defence. Under section 107 , fair use allows persons to use parts of a copyright protected work without permission for limited purposes. The fair use defence is rarely used in music sampling cases.

Fair Use

Fair Use Copyright Infringement Copyright Music

District Court Rules Internet Archive’s Open Library Project is Not Fair Use

IP Tech Blog

MARCH 28, 2023

A federal district court in New York held that the Internet Archive’s Open Library project was engaging in copyright infringement by publishing digital copies of millions of books online. The court engaged in an extensive analysis of whether the purpose and character of Internet Archive’s use was transformative. of America v.

Fair Use

Fair Use Copying Publishing Copyright Infringement

When is it Fair Use to Use a Photo to “Illustrate” an Article?

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.

Fair Use

Fair Use Journalism Licensing Marketing

Fair Use: Graham v. Prince and Warhol v. Goldsmith

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.

Fair Use

Fair Use Art Licensing Copyright Infringement

Can Intellectual Property Rights Safeguard Your Blog?

Kashishipr

MAY 25, 2021

A blog is like any other creative work of literature manifested in a different form. Due to creative and original use of expressions, blogs are deemed to be counted as private property for which Intellectual Property Rights (IPRs) can be sought. Copyright and Blogs. Alternatives to Seeking Copyright Protection.

Intellectual Property

Intellectual Property Blogging Fair Use Registration

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

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] It found that all four fair use factors weighed against fair use. [12] Goldsmith counterclaimed for copyright infringement.

Fair Use

Fair Use Derivative Work Art Licensing

The Doctrine of Fair Use in Copyright Law

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.

Fair Use

Fair Use Copyright Law Copyright Law

Donald C. Brace Memorial Lecture by Professor David Vaver – “User Rights: Fair Use and Beyond”

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. It wasn’t until the late 1900s that courts in the UK began to recognize a problem with the tendency towards legal copyright.

Fair Use

Fair Use Copyright Law Copyright Intellectual Property

Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. WWE 2K (Guest Blog Post)

Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. To briefly summarize, the court left the fair use question entirely to the jury, despite its own pre-trial order and the Supreme Court’s recent decision in Google v. An appeal in Alexander v.

Blogging

Blogging Fair Use Copyright Infringement Copyright

Text Written So Well That It Needs To Be Copied?

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”)

Copying

Copying Fair Use Advertising Advertising

Ownership, Licensing, and Fair Use of Copyright for Webinars

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

This will make the AV recording an illegal copy (unless the creation of it is authorised under Section 52 ), and the person producing the recording will have no copyright over that recording, even if they are its effectuator, due to Section 13(3). Fair use; webinar recordings.

Fair Use

Fair Use Ownership Copyright Licensing

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

Blogging

Blogging Copyright Contracts Cease and Desist

Too Rusty For Krusty–Nickelodeon v. Rusty Krab Restaurant (Guest Blog Post)

Technology & Marketing Law Blog

MAY 30, 2022

The Rusty Krab court expands upon these points in its subsequent section detailing findings of law, but its discussion is fairly conclusory, mainly comprising maxims about what a parody is and isn’t rather than specific discussion of the defendants’ use and why it fails to qualify. Pixi Universal, LLC, 2022 WL 909865 (S.D. March 25, 2022).

Blogging

Blogging Social Media Television Fair Use

Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

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.

Blogging

Blogging Copying Social Media Copyright

Photographs Taken 91 Years Ago Still in Conflict Today

IPilogue

FEBRUARY 28, 2023

De Fontbrune held the position that the estate did not have the power to approve such use. At the request of De Fontbrune , in 1998, the police confiscated copies of Wofsy’s book, and De Fontbrune sued for copyright infringement. The plaintiffs argued that the book has a commercial purpose, which weighs against fair use.

Fair Use

Fair Use Copyright Copyright Infringement Copyright Law

First Circuit Says Mirroring Qualifies for Section 230–Monsarrat v. Newman

Technology & Marketing Law Blog

MARCH 11, 2022

I previously blogged this case last year. In response, Newman, the community moderator, copied all of the community’s posts and uploaded them to Dreamwidth–an action we used to call “mirroring” in the old days. Nevertheless, the registration is worthless because Newman qualifies for fair use. ” Nature of Use.

Fair Use

Fair Use Copying Copyright Publishing

Another 512(f) Claim Fails–Moonbug v. Babybus

Technology & Marketing Law Blog

MARCH 6, 2022

” With respect to whether Babybus’ baby character infringed Moonbug’s baby, Babybus claimed that the alleged copying related to generic features found in nature. . Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Fair Use

Fair Use Cease and Desist Copying Copyright Infringement

Poking Fun or Making a Point?

LexBlog IP

APRIL 18, 2023

Today’s post revisits something discussed several years ago on this blog: fair use. As a quick TL;DR to those previous posts, fair use is a defense to copyright infringement claims for a use of a copyrighted work that would otherwise be considered infringement. One example is parody vs. satire.

Fair Use

Fair Use Music Copying Copyright Infringement

Tattoo Trouble for Video Game Creators

IPilogue

DECEMBER 9, 2022

In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of the tattoos. . § was released.

Fair Use

Fair Use Copying Licensing Copyright

Tips for Avoiding Copyright Infringement

The IP Law Blog

SEPTEMBER 30, 2022

It also protects images, photos, videos, and other written work, such as blog posts. Using a copyrighted song, or portion of a song, in a presentation, at an event, on your website, or on social media. Modifying an image or photo and using it in a presentation, brochure, on your website, or on social media. That is not the case.

Copyright Infringement

Copyright Infringement Copyright Social Media Fair Use

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

Technology & Marketing Law Blog

AUGUST 12, 2021

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. Is Embedding a Display?

Social Media

Social Media Copyright Fair Use Licensing

Satirical Depiction in YouTube Video Gets Rough Treatment in Court

Technology & Marketing Law Blog

AUGUST 8, 2021

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. The Crony graphic also doesn’t qualify for fair use: Nature of Use. The court rejects Goodman’s motion to dismiss.

Fair Use

Fair Use Television Cease and Desist Copyright

Court Orders Unmasking Subpoena of Alleged Infringers–Baugher v. GoDaddy

Technology & Marketing Law Blog

OCTOBER 26, 2021

She sent takedown notices to the blog’s “registrar” (this is the court’s word), GoDaddy, which GoDaddy honored. The bloggers countered with fair use. The court doesn’t see it: Nature of use. Some prior blog posts on 512(h): 512(h) Doesn’t Preempt Doe Unmasking Lawsuits–Strike 3 v.

Privacy

Privacy Fair Use Blogging Copyright

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

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).

Fair Use

Fair Use Derivative Work Blogging Licensing

Bridgerton Helps Navigate The Limits Of The Fan Fiction Defence In Intellectual Property

IPilogue

OCTOBER 12, 2022

Netflix also holds the position that Barlow and Bear “ copied liberally and nearly identically ” the elements of expression, dialogue, characters, and key plot points from Bridgerton. Ironically enough, if this case was filed in Bridgerton home territory, the UK, Barlow and Bear may attempt to use the defence of parody and pastiche.

Intellectual Property

Intellectual Property Social Media Music Fair Use

Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik v. Kat Von D

Technology & Marketing Law Blog

JUNE 2, 2022

Nature of Use. “Von D presumably did not need to copy the pose from the Portrait in order express a sentiment of melancholy.” It wasn’t possible to use only a portion of the photo to depict melancholy, so I guess the court is saying Kat Von D should have picked a different image altogether? ” Huh?

Copyright

Copyright Social Media Fair Use Licensing

“The Copyright Case of the Century”: Final Settlement between Google and Oracle on API Copyright Infringement

IPilogue

OCTOBER 26, 2021

It started out in 2010 when Oracle sued Google for copying the application programming interfaces (APIs) of Java, a programming language developed and licensed by Sun Microsystems and later acquired by Oracle, in Google’s development of the Android operating system. The case meandered through constant reversals of judicial judgements.

Copyright Infringement

Copyright Infringement Copyright Fair Use Settlement

Kat Von D, Think Before You Ink

IPilogue

OCTOBER 1, 2022

Fischer found triable issues on substantial similarity and fair use. In comparison, previous copyright infringement cases over tattoo art focus on an existing tattoo being reproduced in another work rather than the copying of a reference image. On May 31, 2022, Judge Dale S. Background. For example, in Alexander v.

Copyright Infringement

Copyright Infringement Fair Use Art Copyright

Instagram Embedding Cases Continue to Vex the Courts–McGucken v. Newsweek

Technology & Marketing Law Blog

APRIL 6, 2022

Blog post on the prior ruling here.). Was the embed a “display” under the Copyright Act : Newsweek relied on the server test to argue that its use of the embed functionality offered by Instagram did not result in a display of the photograph. Fair use is also an issue best left for trial : Newsweek also argued fair use.

Licensing

Licensing Fair Use Blogging Copyright

11th Circuit UPHOLDS a 512(f) Plaintiff Win on Appeal–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

AUGUST 18, 2022

Start with my prior blog post. I’m simplifying a lot–see my prior blog post for the gory details). Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. The Lower Court Ruling. This is a messy case with complex facts.

Fair Use

Fair Use Cease and Desist Copyright Blogging

Announcing the 2021 Edition of My Internet Law Casebook

Technology & Marketing Law Blog

AUGUST 2, 2021

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. The hard copy comes with a free PDF on request; and shipping should be free on Amazon Prime.] If you’re an academic and would like a free evaluation copy, please email me. Note About Fair Use.

Editing

Editing Law Privacy Contracts

Anti-Circumvention Takedowns Aren’t Covered by 512(f)–Yout v. RIAA

Technology & Marketing Law Blog

OCTOBER 4, 2022

[I’ll blog the Supreme Court’s cert grant in Gonzalez v. Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Alper Automotive v.

Cease and Desist

Cease and Desist Fair Use Copyright Blogging

Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps

Technology & Marketing Law Blog

APRIL 29, 2023

Day to Day Imports * Satirical Depiction in YouTube Video Gets Rough Treatment in Court * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Alper Automotive v.

Fair Use

Fair Use Cease and Desist Copyright Trademark

Court Quashes 512(h) Subpoena on First Amendment Grounds–In re 512(h) Subpoena to Twitter

Technology & Marketing Law Blog

JULY 5, 2022

” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ). Nature of the use. The photos were already published, which weighs in favor of fair use. ” This also weighs in favor of fair use (?). Amount taken.

Fair Use

Fair Use Plagiarism Copyright Marketing

512(f) Doesn’t Restrict Competitive Gaming of Search Results–Source Capital v. Barrett Financial

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Allegedly on behalf of Barrett, an SEO vendor sent DMCA takedown notices to Google, alleging that Source Capital had copied some of Barrett’s copyrighted material. Day to Day Imports * Satirical Depiction in YouTube Video Gets Rough Treatment in Court * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Fair Use

Fair Use Cease and Desist Copyright Ownership

512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. McCandless

Technology & Marketing Law Blog

DECEMBER 5, 2022

Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Alper Automotive v.

Marketing

Marketing Marketing Cease and Desist Fair Use

Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Chen

Technology & Marketing Law Blog

MARCH 15, 2022

Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Alper Automotive v.

Copyright

Copyright Cease and Desist Fair Use Litigation

Protecting Application Programming Interfaces (API) Through Intellectual Property Laws

Kashishipr

OCTOBER 27, 2021

However, even an author’s original work may be caught up by the fair use doctrine when utilized by some other person without prior authorization. Accolade case, wherein Accolade had copied Sega’s API code. It was regarded as being fair and permissible by the court of law. An example of this is the Sega v.

Intellectual Property Law

Intellectual Property Law Intellectual Property Law Fair Use

512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Zoox

Technology & Marketing Law Blog

AUGUST 16, 2023

Day to Day Imports * Satirical Depiction in YouTube Video Gets Rough Treatment in Court * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Alper Automotive v.

Ownership

Ownership Cease and Desist Fair Use Copyright

Internet Archive: Digital Lending is Fair Use, Not Copyright Infringement

Reaction Videos Are Fair Use–Thiccc Boy v. Swindelles

Trending Sources

Let’s Go Hazy: Making Sense of Fair Use After Warhol

Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. IJR

Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use

Kanye West Faces A Copyright Infringement Lawsuit: Is “Fair Use” Fair?

District Court Rules Internet Archive’s Open Library Project is Not Fair Use

When is it Fair Use to Use a Photo to “Illustrate” an Article?

Fair Use: Graham v. Prince and Warhol v. Goldsmith

Can Intellectual Property Rights Safeguard Your Blog?

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

The Doctrine of Fair Use in Copyright Law

Donald C. Brace Memorial Lecture by Professor David Vaver – “User Rights: Fair Use and Beyond”

Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. WWE 2K (Guest Blog Post)

Text Written So Well That It Needs To Be Copied?

Ownership, Licensing, and Fair Use of Copyright for Webinars

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Too Rusty For Krusty–Nickelodeon v. Rusty Krab Restaurant (Guest Blog Post)

Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Photographs Taken 91 Years Ago Still in Conflict Today

First Circuit Says Mirroring Qualifies for Section 230–Monsarrat v. Newman

Another 512(f) Claim Fails–Moonbug v. Babybus

Poking Fun or Making a Point?

Tattoo Trouble for Video Game Creators

Tips for Avoiding Copyright Infringement

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

Satirical Depiction in YouTube Video Gets Rough Treatment in Court

Court Orders Unmasking Subpoena of Alleged Infringers–Baugher v. GoDaddy

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Bridgerton Helps Navigate The Limits Of The Fan Fiction Defence In Intellectual Property

Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik v. Kat Von D

“The Copyright Case of the Century”: Final Settlement between Google and Oracle on API Copyright Infringement

Kat Von D, Think Before You Ink

Instagram Embedding Cases Continue to Vex the Courts–McGucken v. Newsweek

11th Circuit UPHOLDS a 512(f) Plaintiff Win on Appeal–Alper Automotive v. Day to Day Imports

Announcing the 2021 Edition of My Internet Law Casebook

Anti-Circumvention Takedowns Aren’t Covered by 512(f)–Yout v. RIAA

Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps

Court Quashes 512(h) Subpoena on First Amendment Grounds–In re 512(h) Subpoena to Twitter

512(f) Doesn’t Restrict Competitive Gaming of Search Results–Source Capital v. Barrett Financial

512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. McCandless

Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Chen

Protecting Application Programming Interfaces (API) Through Intellectual Property Laws

512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Zoox

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