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. That anyone’s use of a copyright-protected work infringes the copyright owner’s property.

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LexBlog IP

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. ” It also protects images, photos, videos, and other written work, such as blog posts. That is not the case.

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Technology & Marketing Law Blog

OCTOBER 17, 2023

But if you really want Kiwi Farms gone, have you considered using copyright law for its censorial power? Greer sued Moon and Kiwi Farms for contributory copyright infringement and other claims. Direct Infringement. The court says the defendants waived any fair use defense by briefing it inadequately.

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Copyright Law Copyright Law Copyright Infringement 96

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. Hence, licensed broadcasting of copyrighted music does not give rise to copyright infringement. In the case of Super Cassettes Industries Pvt.

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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. It found that all four fair use factors weighed against fair use. [12]

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IPilogue

OCTOBER 26, 2021

copyright law. It is arguably, as Stanford law professor Mark Lemley coined it, “ the copyright case of the century. ” . It is composed of two phases centering on two legal issues that were trialed separately—the copyrightability of APIs and the fair use doctrine. Oracle appealed successfully.

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Copyright Infringement Copyright Fair Use Settlement 111

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Although privacy invasion has been the main topic of discussion in this virtual context, there is another issue at hand: copyright infringement. 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.

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Biswajit Sarkar Copyright Blog

JULY 19, 2022

What is copyright infringement? Unauthorized use of a work protected by copyright is referred to as copyright infringement. In this blog we will take a look at best practices to avoid copyright infringement. How to prevent copyright infringement.

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IPilogue

FEBRUARY 28, 2023

The United States Court of Appeals for the Ninth Circuit reversed a 2019 federal district court’s ruling that held a French court’s ruling was unenforceable due to a conflict in copyright laws between the countries. De Fontbrune held the position that the estate did not have the power to approve such use.

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JIPEL Copyright Blog

APRIL 11, 2022

The Second and Ninth Circuits have consistently led the way in establishing the scope of American copyright law. In the past few years, the Second Circuit in particular has had the difficult task of reconciling copyright law with appropriation art, an artistic style predicated on the intentional use of preexisting images and objects.

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The IP Law Blog

JUNE 29, 2021

Their discussion covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use. The decision overturned a lower court decision in favor of the Warhol Foundation.

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IPilogue

SEPTEMBER 29, 2021

The legal question at the center of the dispute is whether Warhol’s series is fair use of Goldsmith’s original photograph. A permissible derivative creation, or fair use, requires transformative changes made to the original. The trial judge John G.

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Copyright Infringement Copyright Art Fair Use 105

Nelligan Law

FEBRUARY 20, 2024

As tattoo artists draw inspiration from a plethora of sources, ranging from classical art to pop culture icons, questions of ownership, originality, and copyright infringement have commandeered the spotlight in the tattooing arena. At the crux of both cases lies the conundrum of copyright ownership and infringement.

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Copyright Fair Use Copyright Law Settlement 79

Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

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JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. Thus, copyright enforcement mechanisms are out of their league, so to speak, with respect to their application in this new digital world. LAW AND ECONOMICS. Costs Versus Benefits of Copyright Protection.

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Copyright Infringement Copyright Intellectual Property Blogging 98

Technology & Marketing Law Blog

JUNE 2, 2022

Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. ” As for whether the tattoo is substantially similar to the copyrighted elements of the photo, the court sends the issue to the jury. Nature of Use.

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Copyright Social Media Fair Use Licensing 143

LexBlog IP

NOVEMBER 28, 2023

Meme Culture Meets Copyright Law: A Guide for Businesses & Creators Memes, often humorous media fragments that spread rapidly through online sharing, are a global phenomenon that have made their way into mainstream culture. Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here?

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IP and Legal Filings

OCTOBER 12, 2023

However, in this context, the ingredient list, and the process — shall not fall under the shelter of copyright protection only the creative delivery and the images used to showcase the preparation of the recipe shall be protected by the medium of copyright laws in India. shall it be granted copyright protection.

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Copyright Intellectual Property Ownership Fair Use 91

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

However, copyright infringement occurs when such copyrighted music is streamed without acquiring proper license from the copyright owners. Hence, licensed broadcasting of copyrighted music does not give rise to copyright infringement. In the case of Super Cassettes Industries Pvt.

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Music Moral Rights Copyright Infringement Television 52

IP Tech Blog

AUGUST 15, 2022

copyright infringement by MoneyBags). Then, the court must balance the equities by weighing the potential harm to the party seeking disclosure against the speaker’s interest in anonymity, in light of the strength of the underlying copyright infringement claim. If the use is fair, it is not infringement.

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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.

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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. The local news could then take photos of the shirt to use in a story about what a lousy dad I am. You get the idea. Deadly Doll, Inc.

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Technology & Marketing Law Blog

AUGUST 12, 2021

Fair use : The court also grapples with fair use. Citing to Barcroft and McGucken , the court says that the “photograph itself is the subject of the story” so this weighs in favor of fair use. The third factor cuts against fair use since the entirety of the video was used. United Sports.

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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. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

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Technology & Marketing Law Blog

AUGUST 1, 2023

The legislative history also expressed an intent to retain existing case law on vicarious liability of a principal for the acts of its agents, including independent contractors. Therefore, Perfect 10 has made a prima facie case that Google’s communication of its stored thumbnail images directly infringes Perfect 10’s display right.

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SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. Her previous posts on the blog can be viewed here , here , here and here.

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Copyright Copyright Law Ownership Copyright Infringement 105

Technology & Marketing Law Blog

JANUARY 3, 2023

” However, Wallshoppe does not allege Defendant knew of the specific acts of infringement at issue here—Sienna Lewis selling products featuring the Palm Design on Defendant’s website. Jury awards nearly $50M in damages against Internet access provider for user-caused copyright infringement. LEXIS 198181 (C.D.

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TorrentFreak

MAY 16, 2022

McFree filed a motion to quash, arguing that any use of Watch Tower material was protected under the doctrine of fair use. After three years of legal dispute in that matter, in 2021 Watch Tower filed a parallel copyright infringement lawsuit against McFree for the same alleged infringements.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

There will be debates over whether generative AI is, for the purposes of copyright, a tool used by a human author or is an autonomous creator of works (see previously on this blog e.g. here , here , here and here ). Very few jurisdictions expressly provide for copyright in computer-generated works.

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IPilogue

DECEMBER 20, 2021

What may seem like a harmless activity in the spirit of fandom can at times give rise to copyright infringement. . This year, Japan made headlines by proposing a new law that could potentially create copyright infringement problems for cosplayers. Some authors, most notably the late Anne Rice and George R.

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Copyright Television Copyright Infringement Derivative Work 122

LexBlog IP

FEBRUARY 11, 2024

Those users are generating millions of posts, videos, blogs, images.every type of content imaginable; content readily accessible to millions of people all around the world. Much of that content is protected by copyright laws. The Perks of Using Copyrighted Content: Should We Feed the Machine?

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Michael Geist

FEBRUARY 21, 2023

This week is Fair Dealing Week , which provides an opportunity to set the record straight on Canadian copyright and education, backed by actual data on what takes place on university campuses across the country. I am grateful to University of Ottawa law students Ephraim Barrera and Brianna Workman for their assistance on this project.

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IP Tech Blog

SEPTEMBER 25, 2023

AI has been front and center in the legal space as well, as this blog has detailed here and here. Copyright Office (USCO) is seeking public comments on the various legal, technical and policy issues raised by AI systems. 2023 has been a watershed year for AI with its entry into the broader public consciousness. Now, the U.S.

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Copyright Technology Artwork Blogging 62

SpicyIP

OCTOBER 11, 2021

Fair dealing requirements under Indian law are quite broad, but one would assume they are purpose built for circumstances like this, where short clips from Aaj Tak have been taken and critical commentary added to it by Newslaundry.

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IPilogue

NOVEMBER 16, 2022

The doctrine of fair dealing in Canada has long played an important role in balancing the scales of copyright law from leaning too far in favour of copyright holders. The parallel doctrine in the US tracks along similar reasoning and is known as the ‘fair use’ doctrine. Our answer is yes.”

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IPilogue

DECEMBER 13, 2022

The question of whether Warhol’s Prince silkscreens may be considered fair use has now made its way up to the US Supreme Court, and on October 12th of this year, oral arguments were heard from both sides.

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LexBlog IP

SEPTEMBER 25, 2023

AI has been front and center in the legal space as well, as this blog has detailed here and here. Copyright Office (USCO) is seeking public comments on the various legal, technical and policy issues raised by AI systems. 2023 has been a watershed year for AI with its entry into the broader public consciousness. Now, the U.S.

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