IP Law 360

DECEMBER 21, 2023

Proponents of digital book lending are expressing support for Internet Archive's Second Circuit appeal to overturn a federal judge's ruling that found the nonprofit violated copyright law, saying in four amicus briefs this week that the lower court wrongly concluded IA's lending program was not fair use.

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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? He self-published a book about the experience (“ Why I Sued Taylor Swift and How I Became Falsely Known as Frivolous, Litigious and Crazy “). ” Greer emailed Moon asking to remove the book.

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Copyright Law Copyright Law Copyright Infringement 94

SpicyIP

OCTOBER 28, 2022

As reported on Entrackr , Pocket FM has filed a copyright infringement case against Kuku FM before the Delhi High Court. 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. The matter is still being heard.

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Copyright Copyright Infringement Fair Use Licensing 126

Kluwer Copyright Blog

NOVEMBER 22, 2021

Promoting research and access to its products has always been a core purpose of copyright law, often expressed in limitations and exceptions for research uses. Empirical scholarship has highlighted the positive impact on scholarship of copyright exceptions for TDM and of more “open” exceptions for research uses.

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Copyright Law Copyright Law Intellectual Property Law 139

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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Fair Use Derivative Work Art Licensing 97

Plagiarism Today

MAY 31, 2022

2: Amendment Passes to Grant Teachers Fair Use of Copyrighted Work Remotely. Next up today, Focus Taiwan reports that the Taiwan legislature has passed a new copyright law that would grant educators a fair use protection when using copyright-protected works via online classes.

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Fair Use Reporting Plagiarism Copyright 207

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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Fair Use Copyright Copyright Infringement Copyright Law 105

IP and Legal Filings

JANUARY 16, 2024

Introduction Controlled Digital Lending (“ CDL ”) in context of book lending became a buzzword during the pandemic period when the physical access of libraries was not possible. CDL offers a way to lend books in a different format, helping those with disabilities, limited physical access, research needs, or digital content requirements.

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Copyright Fair Use Public Domain Copying 81

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. This is a feature of copyright law, not a bug,” the brief reads.

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Copyright Fair Use Publishing Marketing 118

Velocity of Content

OCTOBER 19, 2023

The culmination of a decades-long effort, and well before the Digital Millennium Copyright Act and Copyright Term Extension Act were passed in 1998, the 1976 Copyright Act ushered in a new era of copyright law in the United States. Nation Enterprises.

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Copyright Fair Use Copyright Law Copyright Notice 116

IP Law 360

SEPTEMBER 6, 2022

The Internet Archive is doubling down on its defense that its program for a lending library of digitized books is protected by copyright law's fair use doctrine, telling a New York federal judge that the major publishers seeking to shut it down are painting an inaccurate picture of what it does.

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Publishing Fair Use Copyright Law Copyright 98

Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. Fair Use Precedent? Google Books and Transformative Use The past two decades have seen a wealth of technological developments, but generative AI is qualitatively different from everything that has come before.

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IP Law 360

MARCH 16, 2023

A New York federal judge will consider next week whether copyright law's fair use doctrine protects the Internet Archive's lending library of digitized books or if the nonprofit is committing what publishers call "digital piracy on an industrial scale."

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Fair Use Intellectual Property Copyright Law IP 75

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

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Derivative Work Copyright Law Copyright Law 107

LexBlog IP

JULY 24, 2023

The lawsuits, filed in San Francisco federal court, highlight the legal challenges faced by developers of chat bots who rely on copyrighted material to create realistic responses. Under the fair use doctrine of the U.S. Google’s commercial nature and profit motivation do not justify denial of fair use.”

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Copyright Infringement Copyright Fair Use Copying 52

The IPKat

JULY 9, 2023

As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This book should not be perceived as a classic manual on the application of copyright to these art forms. Gathering such a large number of testimonials on a specific subject is no easy task.

Art 57

Art Copyright Moral Rights Cease and Desist 57

IP and Legal Filings

APRIL 19, 2022

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957.

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Copyright Law Copyright Law Copyright Infringement 70

Dear Rich IP Blog

AUGUST 3, 2022

But if you can't get permission, you may have a reasonable fair use argument. Reproducing the image without the copyright owner's permission is an infringement unless you can claim fair use. Architectural copyright. If the museum is new (built after 1990), copyright law protects the building's design.

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Publishing Fair Use Artwork Copyright 97

TorrentFreak

FEBRUARY 22, 2024

The same could apply to IA’s other projects, including the digitization of old books and records. The motion is centered around the statute of limitations but IA also stressed the importance of their archiving efforts, hinting that it would be eligible for a fair use defense. ” Fair Use?

Copying 106

Copying Licensing Fair Use Cease and Desist 106

Plagiarism Today

AUGUST 2, 2021

District Court Judge Jed Rakoff has issued a controversial ruling denying the “server test” of copyright law and ruling that embedding images can be an infringement of copyright law. The judge also ruled against Sinclair on the issue of fair use, saying that it was too early in the case to rule on that issue.

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Copyright Infringement Copyright Law Reporting Licensing 246

Dear Rich IP Blog

MARCH 5, 2022

Dear Rich: As I understand copyright, if I visit a park and take a photo of a statute, I own the copyright to the photo and I can use it in a book. But if I open a magazine and take a photo of an illustration, I still own the copyright to the photo, but using it in a book would be a copyright violation.

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Fair Use Public Domain Copyright Copyright Law 99

The IPKat

JULY 22, 2021

Katfriend Dr Sabine Jacques , Associate Professor in IP, IT & Media law at the University of East Anglia and author of The Parody Exception in Copyright Law (OUP 2019), provides the follow review of The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity – by Martin Senftleben.

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Trademark Public Domain Copyright Cease and Desist 57

Velocity of Content

AUGUST 9, 2022

She brought suit for copyright infringement, lost at the trial court because of the Warhol estate’s fair use defense but won on appeal to the Second Circuit. First, there are not that many Supreme Court cases that address fair use. Why would the Supreme Court take up another fair use case so quickly?

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Fair Use Derivative Work Licensing Art 98

LexBlog IP

SEPTEMBER 21, 2023

.” OpenAI claimed that the authors “misconceive the scope of copyright, failing to take into account the limitations and exceptions (including fair use) that properly leave room for innovations like the large language models now at the forefront of artificial intelligence.”

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Copyright Infringement Copyright Fair Use Derivative Work 52

Velocity of Content

MARCH 16, 2023

Regardless, as of this writing there are now five cases that may provide some clarity on this less frequently discussed but foundational issue of the unauthorized use of copyrighted materials as training data for AI (I use “AI” here as a shorthand which also includes text and data mining and machine learning).

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Litigation Fair Use Copying Derivative Work 98

Plagiarism Today

SEPTEMBER 15, 2021

In short, it’s claiming that Chegg, in many cases, either directly copies the content or creates a thinly veiled derivative work based upon it, both of which are violations of copyright law. Fair Use: Since the questions at issue only make up a small portion of the textbooks at issue, Chegg may argue fair use.

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Copyright Infringement Copyright Derivative Work Fair Use 243

IP and Legal Filings

MAY 3, 2024

The law is an important part of protecting intellectual property and protecting creators’ rights to their original works. Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner.

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Fair Use Copyright Privacy Copying 91

Kluwer Copyright Blog

OCTOBER 3, 2023

It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). 2000) (“ copying an entire work militates against a finding of fair use. ”).

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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.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S.

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Fair Use Licensing Music Art 105

Velocity of Content

OCTOBER 9, 2023

From Large Language Models (LLMs) to other research-based applications, AI technologies rely on millions of books, scholarly journals, and other curated publications. Responsibly using these works is a foundational part of the discussion. The post CCC Town Hall Preview With Bruce Rich appeared first on Copyright Clearance Center.

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Licensing Fair Use Journalism Copyright Law 52

LexBlog IP

SEPTEMBER 12, 2023

It highlights the importance of understanding copyright laws when using data for AI training or generating content. It debunks common misconceptions, such as assuming publicly available data is protected from copyright protections. It is essential to understand the boundaries of Fair Use, especially regarding AI.

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Copyright Fair Use Copyright Law Intellectual Property 52

Traverse Legal Blog

SEPTEMBER 12, 2023

It highlights the importance of understanding copyright laws when using data for AI training or generating content. It debunks common misconceptions, such as assuming publicly available data is protected from copyright protections. It is essential to understand the boundaries of Fair Use, especially regarding AI.

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Copyright Fair Use Copyright Law Intellectual Property 52

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

There are certain exceptions to copyright infringement that can be used as a shield in such cases. Firstly, the exception of fair use. One has to check if the way in which the photograph is being used falls within the scope of fair use.

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IP Law 360

SEPTEMBER 13, 2021

Tamar Duvdevani led a DLA Piper team that helped Dr. Seuss Enterprises score a precedential reversal from the Ninth Circuit, which ruled that a comic book mashup of Dr. Seuss and "Star Trek" was not protected by copyright law's fair use doctrine, earning her a spot as one of Law360's 2021 Intellectual Property MVPs.

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Fair Use Intellectual Property Copyright Law Copyright 40

Plagiarism Today

SEPTEMBER 28, 2021

In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.” ” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works. Bottom Line.

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Fair Use Non-Fungible Tokens Copyright Social Media 243

Kluwer Copyright Blog

DECEMBER 17, 2023

The calls for revisiting copyright in the wake of generative AI – with proposals to create new exceptions or design remuneration models for authors – further fortify this “faith,” I believe. The overreliance on fair dealing, I argue, inadvertently expands the scope of copyright law and harms the public domain.

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Fair Use Public Domain Copyright Litigation 60

IIPRD

APRIL 8, 2024

This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

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Art Artwork Intellectual Property Copyright Law 52