Dear Rich IP Blog

JANUARY 9, 2023

Dear Rich: I want to use a police plane crash accident photo in my book. May I use it? Is it public domain or fair use? Although state and local police are not prohibited from claiming copyright in their photos the answer depends on the state where the police department is located. Public domain?

Public Domain 98

Public Domain Fair Use Privacy Publishing 98

TorrentFreak

JANUARY 11, 2024

Several of the lawsuits filed by book authors include a piracy component as well. The cases allege that tech companies, including Meta and OpenAI, used the controversial Books3 dataset to train their models. AI Boom Triggers Copyright Troubles Presser wasn’t wrong, but the dataset didn’t just help garage AI startups.

Fair Use 133

Fair Use Copyright Infringement Copying Copyright 133

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

IP Law 360

DECEMBER 15, 2023

E-book provider Internet Archive told the Second Circuit on Friday that its lending program is fair use, urging the appeals court to reverse a Manhattan federal judge's ruling that the nonprofit violated the copyrights of four book publishers when it bought and scanned physical books to loan for free.

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Fair Use Publishing Copyright 40

The IPKat

FEBRUARY 28, 2024

This is a review of Music Borrowing and Copyright Law, a Genre-by-Genre Analysis , edited by Enrico Bonadio (City, University of London) and Chen Wei Zhu (University of Birmingham). The book is divided into two main parts. There are a total of 28 chapters. An ambitious aim that Barrett achieves in an engaging and candid chapter.

Music 73

Music Copyright Law Copyright Law 73

TorrentFreak

MARCH 11, 2024

The list of complainants includes record labels, book authors, visual artists, even the New York Times. These rightsholders all object to the presumed use of their work without proper compensation. “Books3” Many of the lawsuits filed by book authors come with a clear piracy angle.

Copyright Infringement 102

Copyright Infringement Copying Fair Use Copyright 102

Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v.

Fair Use 103

Fair Use Copyright Law Copyright Law 103

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 91

Fair Use Licensing Copying Artwork 91

IP Law 360

APRIL 22, 2024

Mike Huckabee has urged a New York federal court not to dismiss Bloomberg from his proposed class action alleging copyright infringement of e-books to train the media company's large language model, arguing the business cannot lean on a fair use defense to toss the complaint at this stage.

Copyright 98

Copyright Fair Use Copyright Infringement Business 98

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. [This post has been co-authored with Lokesh Vyas].

Copyright 126

Copyright Copyright Infringement Fair Use Licensing 126

Kluwer Copyright Blog

JUNE 5, 2023

Supreme Court agreed to review the Second Circuit’s ruling that Andy Warhol’s series of colorful prints and drawings of Prince were not transformative fair uses of Lynn Goldsmith’s photograph (for a previous comment on this case, see here ). Goldsmith, 11 F.4th 4th 26 (2d Cir. 2021) (available here ) In March 2022 the U.S.

Derivative Work 117

Derivative Work Fair Use Licensing Art 117

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. This rule covers lending digital copies of copyrighted works, while works in the public domain can be freely digitized.

Copyright 81

Copyright Fair Use Public Domain Copying 81

LexBlog IP

APRIL 12, 2023

Scanning books to create a searchable database of books constitutes fair use. Scanning books to create eBooks does not. Will scanning images (or other copyright-protected content) to create a generative AI model for use in creating images be deemed fair use? In Authors Guild v.

Fair Use 52

Fair Use Derivative Work Copying Marketing 52

JD Supra Law

MARCH 31, 2023

Scanning books to create a searchable database of books constitutes fair use. Scanning books to create eBooks does not. Will scanning images (or other copyright-protected content) to create a generative AI model for use in creating images be deemed fair use?

Fair Use 52

Fair Use Copyright 52

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 57

Fair Use Copying Publishing Copyright Infringement 57

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

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.

Copyright 118

Copyright Fair Use Publishing Marketing 118

Likelihood of Confusion

MAY 18, 2022

When copying 20,000,000 books without permission is not copyright infringement Jim Bouton’s last pitch to Google wasn’t Ball Four, at least according to the umps of the Second Circuit. The post Guest Post: Fair Use or Foul Ball? appeared first on LIKELIHOOD OF CONFUSION™.

Fair Use 52

Fair Use Copyright Infringement Copying Copyright 52

Dear Rich IP Blog

AUGUST 7, 2021

Dear Rich: Does the reproduction of copyrighted material in a grant proposal constitute fair use? Under most of the scenarios you mention, the reproductions would probably constitute fair use. The four factors are: the purpose and character of the use. the nature of the copyrighted work. Attenzione!

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Fair Use Publishing Government Copyright 52

IPilogue

NOVEMBER 11, 2021

For fifty years, the Copyright Society of the USA (CSUSA) has invited numerous esteemed figures to present the annual Donald C. 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.

Fair Use 110

Fair Use Copyright Law Copyright Intellectual Property 110

LexBlog IP

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.

Fair Use 52

Fair Use Copying Publishing Television 52

LexBlog IP

MAY 3, 2022

Keith Bell published a book in 1982 entitled Winning Isn’t Normal which provides strategies for success in athletics. He markets the books through online retailers and his own website. One of the passages in the book that is well known is entitled the WIN Passage.

Fair Use 52

Fair Use Social Media Copyright Marketing 52

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. 4] ), and issued a new decision in which it reached the same result. [5].

Fair Use 97

Fair Use Derivative Work Art Licensing 97

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

TorrentFreak

MARCH 18, 2024

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. IA’s library operates as a non-profit organization that scans physical books, which can then be loaned out in an ebook format.

Publishing 110

Publishing Fair Use Copying Music 110

Velocity of Content

OCTOBER 19, 2023

On this day in 1976, President Gerald Ford signed the “new” US Copyright Act. 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.

Copyright 116

Copyright Fair Use Copyright Law Copyright Notice 116

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

Plagiarism Today

MAY 31, 2022

1: Pinterest Prevails in Photography Copyright Dispute. However, the court has ruled that Pinterest is protected by the Digital Millennium Copyright Act (DMCA), which protects services that host content uploaded by users. 2: Amendment Passes to Grant Teachers Fair Use of Copyrighted Work Remotely.

Fair Use 207

Fair Use Reporting Plagiarism Copyright 207

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. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. Copyright law in the U.S.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

Intellectual Property Law Blog

APRIL 12, 2023

This is just the tip of the iceberg on how generative AI will be used in games and a variety of other creative industries. Music, film, art, comic books, and literary works are some other uses. AI tools are powerful and their use will no doubt be far reaching. Is the output of the AI tool protectable by copyright?

Fair Use 243

Fair Use Privacy Music Art 243

Plagiarism Today

SEPTEMBER 15, 2021

Yesterday, news broke that Pearson Education, the largest publisher of textbooks in the world, has filed a lawsuit against the website Chegg alleging widespread copyright infringement of its content on the site. As a result, Pearson is suing Chegg alleging copyright infringement. Questions, Answers and Copyright.

Copyright Infringement 243

Copyright Infringement Copyright Derivative Work Fair Use 243

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.

Fair Use 40

Fair Use Copyright Law Copyright Law 40

TorrentFreak

MAY 1, 2024

The list of complainants includes record labels, book authors , visual artists, a chip maker , and news publications. These rightsholders all object to the presumed use of their work without proper compensation. In this case, eight major news publications are suing OpenAI and Microsoft for copyright infringement.

Copyright Infringement 98

Copyright Infringement Copyright Publishing Copying 98

The IPKat

MARCH 7, 2024

Marking the 16th volume in the p®opriété intelle©tuelle - intelle©tual p®operty collection, this book features contributions by seven authors. The raison d'être of this book is encapsulated in the editor's acknowledgment of sustainability as a significant societal concern with far-reaching implications across various legal domains.

Intellectual Property 57

Intellectual Property False Advertising Editing Settlement 57

The IPKat

JULY 9, 2023

This is a review of “ Copyright in the street. 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.

Art 57

Art Copyright Moral Rights Cease and Desist 57

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. The appellate court agreed that Zervos’ photographs were protected by copyright, as it involved sufficient creativity.

Fair Use 105

Fair Use Copyright Copyright Infringement Copyright Law 105

The IPKat

APRIL 4, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Desmond Oriakhogba (University of the Western Cape) on one of the important but largely overlooked aspect of South Africa’s Copyright Amendment Bill: provisions aimed at ensuring fair remuneration for South African creators and performers.

Copyright 132

Copyright Music Artistic Work Contracts 132