Dear Rich IP Blog

APRIL 9, 2024

Trick photograph of man with two heads (1901) Dear Rich: I have a new, unique book soon to be published about judging the quality of art. Every image in the book, from ancient to contemporary art, is aesthetically critiqued, often with diagrams. From everything I've researched, all the images in the book should come under fair use.

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JD Supra Law

SEPTEMBER 10, 2024

In a closely watched case, the 2d Circuit upheld a decision that Internet Archive's book lending practices violated the authors' copyrights and was not protected by the fair use doctrine. But was this decision really just based on the Internet Archive becoming one of the world's largest digital libraries?

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TorrentFreak

MARCH 21, 2023

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 is a non-profit organization that scans physical books, which can then be lent out to patrons in an ebook format.

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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?

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IP Law 360

MARCH 18, 2024

Four book publishers urged the Second Circuit on Friday to uphold a lower court's finding that the Internet Archive infringed their copyrights with its free e-book lending program, saying the nonprofit distributes "bootleg ebooks from its website to anyone in the world."

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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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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.

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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.

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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.”

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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.

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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.

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The Illusion of More

SEPTEMBER 5, 2024

IA asks this Court to bless the large scale copying and distribution of copyrighted books without permission from or payment to the Publishers or authors.

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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.

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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].

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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.

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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?

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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.

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IP Law 360

JUNE 28, 2024

A Second Circuit panel had tough questions Friday for counsel defending the Internet Archive's argument that its free e-book lending program is fair use, questioning the assertion that its system of scanning physical books to convert them to digital form does not harm the market of the four publishers who sued for copyright infringement.

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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.

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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.

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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.

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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.

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Copyright Lately

SEPTEMBER 8, 2024

In last week’s ruling in Hachette Book Group, Inc. Internet Archive (read the opinion here) , the court dealt a decisive blow to the Internet Archive, ruling that its practice of scanning and lending digital copies of books doesn’t qualify as fair use under the Copyright Act. At least, that was the idea.

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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™.

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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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Plagiarism Today

SEPTEMBER 5, 2024

Yesterday, the Internet Archive lost its appeal in its case against book publishers. Here's what you need to know. The post 5 Takeaways from the Internet Archive Ruling appeared first on Plagiarism Today.

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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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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.

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

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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.

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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.

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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.

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The Illusion of More

AUGUST 5, 2024

The First Amendment protects the right to read books but not the right to break into a bookstore for the purpose of reading—not even if the goal is to quote a passage from a book in a manner that would be fair use under copyright law.

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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.

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TorrentFreak

MAY 27, 2024

NVIDIA Faces Copyright Infringement Claims Earlier this year, several authors sued NVIDIA over alleged copyright infringement. The class action lawsuit claims that the company’s AI models were trained on copyrighted works taken from the ‘pirate’ site Bibliotik. Copyright Act,” the company writes.

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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.

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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.

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