43(B)log

FEBRUARY 4, 2023

A Few Words for a Lost Friend: Tribute to Dmitry Karshtedt (Bob Brauneis, Mark Lemley, Jake Sherkow) Closing Plenary Session: Fair use Robert Brauneis, Copyright Transactions in the Shadow of Fair Use Suppose a work does not infringe another work because and only because it’s been ruled a fair use.

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

TorrentFreak

MARCH 18, 2024

IA’s library operates as a non-profit organization that scans physical books, which can then be loaned out in an ebook format. Patrons can also borrow books that are scanned and digitized in-house, with technical restrictions that prevent copying.

Publishing 109

Publishing Fair Use Copying Music 109

TorrentFreak

MARCH 25, 2023

IA’s library is operated by a non-profit organization that scans physical books and then lends the digital copies to patrons in an ebook format. While ‘digital’ book lending is not uncommon, libraries typically loan out DRM-protected files after acquiring a license from publishers.

Copyright Infringement 137

Copyright Infringement Copyright Fair Use Copying 137

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 96

Fair Use Derivative Work Blogging Licensing 96

TorrentFreak

MARCH 25, 2024

In addition to archiving the web, IA also operates a library that offers a broad collection of digital media, including books. Staying true to the centuries-old library concept, IA patrons can also borrow books that are scanned and digitized in-house. Internet Archive’s theory of fair use represents a threat just as grave.”

Publishing 141

Publishing Copyright Fair Use Intellectual Property Law 141

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.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

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 52

Fair Use Art Licensing Copyright Infringement 52

SpicyIP

OCTOBER 28, 2022

Pocket FM alleges that Kuku FM has violated its copyright by providing audio summaries of books to which Pocket FM has exclusive rights to create audiobooks. While pleadings are not uploaded online by the Delhi High Court, Entrackr has obtained copies of the pleadings and has discussed some of the key facts and arguments here.

Copyright 126

Copyright Copyright Infringement Licensing Fair Use 126

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.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

TorrentFreak

DECEMBER 22, 2023

In addition to archiving the web, IA also operates a library that offers a broad collection of digital media, including books. Staying true to the centuries-old library concept, IA patrons can also borrow books that are scanned and digitized in-house. All benefit from making their work available to a broad public.

Copyright 117

Copyright Fair Use Publishing Marketing 117

Copyright Lately

APRIL 3, 2023

The future of “controlled digital lending” is in doubt after a court rules that the Internet Archive’s online library is not protected by fair use. When the electronic version is “checked out,” the physical copy is taken out of circulation. At least, that’s the theory.

Fair Use 71

Fair Use Copying Publishing Copyright 71

LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. copyright law. Copyright law in the U.S.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

TorrentFreak

JUNE 14, 2022

The publishers described IA’s ‘Open Library’ as an “unlicensed aggregator and pirate site” that makes illegally scanned books available to the public, causing serious damage to authors and publishing companies alike. 107,” the plaintiffs note, adding that the four fair use factors weigh heavily in their favor. . §

Publishing 112

Publishing Fair Use Copying Editing 112

TorrentFreak

AUGUST 13, 2023

IA’s library is a non-profit organization that scans physical books, which can then be lent out to patrons in an ebook format. Patrons can also borrow books that are scanned and digitized in-house, with technical restrictions that prevent copying. Mass Copyright Infringement or Fair Use? Covered Books?

Publishing 78

Publishing Copyright Copyright Infringement Copying 78

Plagiarism Today

SEPTEMBER 9, 2021

They further claim that the podcasters obtained a pirated copy of the fight to use in the show. According to H3’s response, their use of the video in the podcast was a fair use and if the version they had was pirated, that is not itself a copyright infringement.

Copyright Infringement 218

Copyright Infringement Music Copying Copyright 218

Plagiarism Today

OCTOBER 6, 2021

Cooper, and Valentine, AKA Drum’n Skillz, allege that No Guidance copies several elements from their earlier work. 3: Seuss, ComicMix Close Book on Landmark Copyright Dispute Over ‘Star Trek’ Mashup. The 9th Circuit had previously ruled that the book was not a fair use due to a lack of transformation.

Fair Use 130

Fair Use Plagiarism Licensing Reporting 130

Plagiarism Today

MAY 19, 2022

2: Delhi HC Seeks Expert Help on Whether Event Firms Need License to Play Music at Weddings. Next up today, The Wire reports that the Delhi High Court is seeking an outside expert to assist in determining whether event firms in the country should be required to obtain a license to play music at weddings and other gatherings.

Music 215

Music Licensing Television Fair Use 215

Velocity of Content

MARCH 16, 2023

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. I speculated that this was an attempt to avoid a messy fair use dispute. is being used as code.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

TorrentFreak

AUGUST 19, 2021

The Internet Archive (IA) sees things differently, noting that its ‘Controlled Digital Lending’ process operates for purposes including preservation, access and research, therefore meeting ‘fair use’ standards. In parallel, IA believes its liability is limited due to the safe harbor provisions of the DMCA.

Publishing 143

Publishing Fair Use Marketing Marketing 143

Velocity of Content

DECEMBER 6, 2023

Does the increasing use or distribution of AI-generated material raise any unique issues for your sector or industry as compared to other copyright stakeholders? In sectors such as science, news, and book publishing, poor quality AI materials can generate bad science, promote misinformation, and lead to harmful results.

Copyright 98

Copyright Fair Use Licensing Copying 98

TorrentFreak

DECEMBER 13, 2023

A key allegation in these complaints is that the AI was trained using pirated books. For example, several authors have just filed an amended complaint against Meta, alleging that the company continued to train its AI on pirated books despite concerns from its own legal team. However, authors deserve some form of compensation.

Publishing 134

Publishing Licensing Copyright Copying 134

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 105

Intellectual Property Social Media Music Fair Use 105

Kluwer Copyright Blog

JANUARY 16, 2024

To further develop this excursus on the US case law, in this post we consider two recent class actions against Meta launched by copyright holders (mainly book authors), for alleged infringement of IP in their books and written works through use in training materials for LLaMA (Large Language Model Meta AI).

Derivative Work 133

Derivative Work Copyright Infringement Copying Copyright 133

Velocity of Content

OCTOBER 19, 2023

The 1976 Act was the first major revision of US copyright law since the 1909 Act , which was passed during the era of Mark Twain, ragtime, player pianos, and early silent films. Harper & Row brought suit and The Nation argued that publishing the excerpts was a fair use.

Copyright 116

Copyright Fair Use Copyright Law Copyright Notice 116

Velocity of Content

MAY 1, 2024

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. Thus, it can be said that they have made complete and exact copies of everything they have ingested.

Fair Use 52

Fair Use Copying Licensing Copyright 52

TorrentFreak

AUGUST 14, 2021

The National Emergency Library (NEL) was built on IA’s existing Open Library and initially granted access to more than a million scanned books so that people could educate themselves while in quarantine. The service was not appreciated by book publishers. Internet Archive Responds – Fair Use is Not Piracy.

Publishing 145

Publishing Fair Use Copyright Infringement Copyright 145

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.

Fair Use 105

Fair Use Licensing Music Art 105

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Trump’s lawsuit alleges, however, that the consent he granted to Woodward was limited to publishing excerpts from the interviews in book form, and that he did not consent to publication of the sound recordings or of full transcripts thereof. 202(a) ] “Fixed” means that the work is embodied in a material object in some permanent form.

Copyright 120

Copyright Blogging Publishing Fair Use 120

43(B)log

OCTOBER 20, 2022

pointed out that many of the big data/evidentiary use-type fair use cases are well-described by the idea of a transformative purpose —a purpose orthogonal or unrelated to the expressive content of the original work or works used. Professor Reese’s Transformativeness and the Derivative Work Right , 31 Colum.

Derivative Work 72

Derivative Work Fair Use Art Copying 72

IP and Legal Filings

JULY 21, 2022

Among the other solutions, the most easy and feasible way to come out of the problem of unavailability and unaffordability was to start copying the books, study materials, and video lectures with the help of different mechanisms. The exceptions in fair dealing have been stated in general terms and the list is not exhaustive.

Copyright 87

Copyright Licensing Higher Education Copying 87

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. What Happened. Oracle , should have been decided by the trial judge.

Fair Use 80

Fair Use Designs Design Licensing 80

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.

Blogging 134

Blogging Fair Use Copyright Infringement Copyright 134

Plagiarism Today

OCTOBER 19, 2022

github copilot, with "public code" blocked, emits large chunks of my copyrighted code, with no attribution, no LGPL license. According to Davis, he used the prompt “sparse matrix transpose, cs_” only to have Copilot produce code very similar to his earlier, open-source work. My code on left, github on right.

Licensing 224

Licensing Copying Fair Use Litigation 224

Patently-O

DECEMBER 11, 2023

Moreover, as we detail below, the best understanding of the application of fair use principles to AI training would hold that the practice is in most if not all instances a fair use. The FTC has no authority to determine what is and what is not copyright infringement, or what is or is not fair use.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Plagiarism Today

OCTOBER 26, 2021

If the costume isn’t licensed, why is it not infringing regardless of the name change? This means, theoretically, that elements such as the Superman “S” can be protected by copyright because they are separate elements that are merely copied onto the clothing. Why did the company do this? The second limitation is masks.

Trademark 241

Trademark Copyright Cease and Desist Copying 241

IP and Legal Filings

JANUARY 22, 2024

Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. The first codified statute dealing with copyright protection of printed books dates back to 1710, known as British Statute of Anne.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

LexBlog IP

JUNE 5, 2023

Warhol and his Foundation’s claim of fair use lost. The case began after Prince died in 2016, when Vanity Fair magazine’s parent company, Condé Nast, published a special commemorative magazine celebrating his life. ” The license provided that the use would be for “one time” only. .”

Fair Use 52

Fair Use Derivative Work Art Licensing 52