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. It is clear, however, that the company plans to rely on a fair use defense, at least in part.

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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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TorrentFreak

MARCH 21, 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. Mass Copyright Infringement or Fair Use? Stressing that the library offers a vital service, Internet Archive’s defense centers on the legal concept of fair use.

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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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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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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. Google, Inc., (the

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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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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 found that simply changing the format of a work was not enough to show a transformative use. of America v.

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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. Netflix , Inc. ).

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The IPKat

FEBRUARY 28, 2024

In the foreword, Paul Heald situates this edited collection alongside Aplin and Bently’s Global Mandatory Fair Use (IPKat review here) in offering a solution to the question of “how can the law better align with the expectations of musicians with the structures of copyright?” The book is divided into two main parts.

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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 amount and substantiality of the portion used.

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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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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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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] It found that all four fair use factors weighed against fair use. [12] Goldsmith counterclaimed for copyright infringement.

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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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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. Briefly, the audiobooks and the audio summaries involved in this dispute are translated Hindi versions of popular English books such as Rich Dad, Poor Dad, Think Like a Monk etc.

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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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Dear Rich IP Blog

OCTOBER 12, 2021

This coursepack will consist of writing and revising methods gleaned from various writing books (Strunk and White, On Writing Well, etc) and will also include worksheets (which my team will create and design from scratch). Is it fair use to build on their material in this way or do I have to ask the publishers for permission?

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IPilogue

NOVEMBER 11, 2021

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. It wasn’t until the late 1900s that courts in the UK began to recognize a problem with the tendency towards legal copyright.

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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.

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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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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.

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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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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.

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DuetsBlog

OCTOBER 5, 2020

Hearty thanks to Colette Durst , Stephen Lee , and Susan Perera , for generously sharing their insights and perspectives about trademark nominative fair use. Hearty thanks to Draeke Weseman for his great work in helping pull together Chapter 7 in the IP Book, which can be purchased here from Minnesota CLE.

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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. In the near term, so too will the associated legal issues.

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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. 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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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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IP Watchdog

MARCH 31, 2023

Solicitor General asks the Supreme Court to overturn an infringement ruling against Teva’s skinny label for carvedilol; the Trademark Trial and Appeal Board reverses a trademark examiner’s refusal to register several column titles for The New York Times; the UK High Court invalidates robotics warehousing patents owned by AutoStore and clears grocery (..)

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IPilogue

FEBRUARY 28, 2023

De Fontbrune held the position that the estate did not have the power to approve such use. At the request of De Fontbrune , in 1998, the police confiscated copies of Wofsy’s book, and De Fontbrune sued for copyright infringement. The plaintiffs argued that the book has a commercial purpose, which weighs against fair use.

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Art Law Journal

MAY 19, 2018

Comic book publisher ComicMix allegedly created a mashup of a popular Dr. Seuss book with elements of the iconic Star Trek TV series. Here, we discuss the resulting copyright infringement case, and whether a court may find the work permissible under the fair use doctrine. Chris Reed.

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Plagiarism Today

DECEMBER 19, 2023

Amazon/Tolkien estate win fan fiction lawsuit, the EU declines to geofence film content, and the Internet Archive files an appeal in book case. The post 3 Count: Did Not Pass 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. All benefit from making their work available to a broad public.

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