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 ). Hence, the Foundation’s use was non-transformative. Acuff-Rose Music, Inc.

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Kluwer Copyright Blog

APRIL 8, 2024

Image by Gerd Altmann from Pixabay The sweeping evolution of generative AI models is rapidly reshaping the legal landscape of copyright. But the rapid spread of generative AI models, the latest evolution of copy-reliant technology, has posed another set of challenges to copyright.

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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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TorrentFreak

MARCH 25, 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 operated by a non-profit organization that scans physical books and then lends the digital copies to patrons in an ebook format.

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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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Velocity of Content

APRIL 11, 2024

A spate of recent lawsuits is shining light on how some generative AI (GenAI) companies are using copyrighted materials, without permission, as a core part of their products. Among the most recent examples is the New York Times Company’s’ lawsuit against OpenAI, which alleges a variety of copyright-related claims.

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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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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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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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43(B)log

FEBRUARY 2, 2024

Peter Karol, What’s the Use: The Structural Flaw Undermining Warhol v. Goldsmith SCOTUS understood the “use” to be the foundation’s commercial licensing. But licensing is neither a © use nor an act of infringement. Incoherent to raise/evaluate fair use as to an act that wasn’t a use or infringement.

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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.

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Technology & Marketing Law Blog

MARCH 3, 2022

Bell published a short book in 1982. Bell has separately registered a copyright in the passage. Bell has filed at least 25 copyright lawsuits. The school moved to dismiss on fair use grounds, and the district court granted the motion and awarded attorneys’ fees to the school. (I Nature of the Use.

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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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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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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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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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The IPKat

JULY 3, 2021

This TechieKat was thrilled to put her paws on (Re)structuring Copyright, A Comprehensive Path to International Copyright Reform , written by Daniel J. As a result, the author “proposes a way to structure copyright internationally to achieve” such an aim. The book is divided into two parts. Gervais , Milton R.

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The IPKat

OCTOBER 12, 2022

A salient case in point are book titles and the potential confusion that they can engender, thanks to an apparent lacuna in the law. There, one can find metal shelves at each end, enabling one either to leave a book otherwise to be discarded, or to inspect such abandoned books in search of an unread gem. So, there it is.

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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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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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TorrentFreak

AUGUST 13, 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. Covered Books?

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TorrentFreak

FEBRUARY 22, 2024

The same could apply to IA’s other projects, including the digitization of old books and records. Several record labels including Sony and UMG, sued the Internet Archive for copyright infringement in Manhattan federal court last year. ” Fair Use? Today, many people have come to appreciate these unique sounds.

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Velocity of Content

DECEMBER 6, 2023

This post originally appeared in the Scholarly Kitchen on 11/28/23 Monday, October 30 was the final date for interested parties to submit comments to a comprehensive “ Notice of inquiry and request for comments ” issued by the United States Copyright Office entitled “Artificial Intelligence and Copyright.”

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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.

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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.

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TorrentFreak

APRIL 12, 2024

In his 1962 book, Profiles of the Future: An Inquiry into the Limits of the Possible , science fiction writer Arthur C. “My Generative AI Copyright Disclosure Act is a pivotal step in this direction. If the court finds in favor of fair use, it seems likely that no copyright holders will receive compensation.

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Copyright Music Fair Use Reporting 90

Plagiarism Today

OCTOBER 26, 2021

As we’ve discussed in the past , copyright has played an oddly oversized role in our modern Halloween festivities. However, one of the areas that is generally less talked about is copyright’s impact on Halloween costumes. If the costume isn’t licensed, why is it not infringing regardless of the name change? Copyright Office.

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Plagiarism Today

OCTOBER 11, 2022

1: Justices to Consider Whether Warhol Image is “Fair Use” of Photograph of Prince. Goldsmith, a case that is expected to be a rare moment of the high court ruling on an issue of fair use. Goldsmith sued, saying that this use far exceeded the agreement that they made. Have any suggestions for the 3 Count?

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit seeks a declaratory judgment that Trump owns the copyright in the sound recordings (or in the alternative, in his interview responses on the recordings), and that Trump is entitled to all or the lion’s share of the profits made from the sale of those recordings and transcripts, which the lawsuit (absurdly) values at almost $50 million.

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Plagiarism Today

MARCH 3, 2022

1: Dua Lipa Sued for Alleged Copyright Infringement Over Hit Single Levitating. First off today, Murray Stassen at Music Business Worldwide reports that musician Dua Lipa has been hit with a copyright infringement lawsuit that claims her 2020 hit Levitating is an infringement of an earlier song. Have any suggestions for the 3 Count?

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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. Copyright ensures certain minimum rights and it has never been an absolute right. Evolution afterward.

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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. Once the loan period expires, the electronic book is “returned” to the library and becomes inaccessible to the person who checked it out.

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Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. We, who have been writing and teaching about copyright law and how it has responded to challenges posed by new technologies for decades, were among those who submitted comments, see [link].

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Copyright Fair Use Copyright Law Copyright Infringement 96

Plagiarism Today

SEPTEMBER 9, 2021

1: H3 Podcast Asks Court to Throw Out “Fatally Defective” Triller Copyright Lawsuit. First off today, Andy Maxwell at Torrentfreak writes that the team behind the H3 Podcast has asked for the lawsuit against them to be dismissed, saying that the lawsuit is incorrect as a matter of law as they did not commit any copyright infringement.

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Plagiarism Today

JULY 8, 2021

The most vocal critics were in the open-source programming community , who were upset that GitHub trained their AI on significant amounts of open-source code and can even reproduce that code verbatim in some circumstances, but does not follow the respective open-source licenses. Is the code original enough to qualify for copyright protection?

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Copyright Fair Use Copyright Infringement Copying 201

Plagiarism Today

OCTOBER 6, 2021

3: Seuss, ComicMix Close Book on Landmark Copyright Dispute Over ‘Star Trek’ Mashup. According to the estate, the book infringed the copyright of the Dr. Seuss work Oh, the Places You’ll Go , but the defendants argued that the book was a parody and a fair use.

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Plagiarism Today

MAY 19, 2022

First off today, Pamela Chelin at Variety reports that the 9th Circuit Court of Appeals has granted a significant victory so singer Toni Basil, granting her sole copyright in her 1981 debut album, which included the hit song Mickey. The case dates back to 2013 when Basil filed a notice of copyright termination on the album and her song.

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