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When is it Fair Use to Use a Photo to “Illustrate” an Article?

Technology & Marketing Law Blog

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. These three cases address fair use in this context. McGucken moved for summary judgment on the fair use defense. The second factor weighs slightly against fair use.

Fair Use 130
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GitHub is Sued, and We May Learn Something About Creative Commons Licensing

Velocity of Content

Also sued were a confusing mishmash of for profit and non-profit related entities all using a variation of the name OpenAI (OpenAI, Inc., Mining is a legitimate use of content under a CC BY license, but if you need permission from authors to, e.g., not include attribution information, time and effort may be needed.

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My “Summer” 2022 Activities

Technology & Marketing Law Blog

I posted a chapter from the book: Online Contracts. The Constitutionality of Mandating Editorial Transparency , 73 Hastings Law Journal 1203 (2022). How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Regulation of Housing Advertising (2022 Edition). Blog Posts.

Editing 89
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UK Law and Artificial Intelligence

Velocity of Content

Under the IPO’s proposal, “Rights holders will no longer be able to charge for UK licences for TDM and will not be able to contract or opt-out of the exception. In other words, as long as a user receives lawful access, including a personal subscription or free access through membership, all TDM and AI is fair game.

Law 116
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A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)

Technology & Marketing Law Blog

Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment? Absent consent, fair use, or a First Amendment defense, publishing the interviews without Trump’s consent is therefore a violation of his copyright.

Copyright 120
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Examples of Text and Data Mining Research Using Copyrighted Materials

Kluwer Copyright Blog

These examples help illustrate the broad public benefits that can accrue from harmonizing copyright exceptions for research uses in the digital environment. Speeding literature review One of the most common uses of TDM is to help scholars find, read, and analyze information in academic journals and other sources. 3d 87 (2d Cir.

Copyright 121
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What if? Discussing the Elsevier Ltd. And Ors v Alexandra Elbakyan and Ors in the Multiverse of Substantive Copyright Arguments

SpicyIP

In the absence of this economic aspect of the agreement it was void under Section 23 and 25 of the Indian Contract Act, 1872 and Section 16 and 19 of the Copyright Act, 1957. While consideration can take the form of publicity or publication for the author, the royalty must be paid in monetary terms.