TorrentFreak

NOVEMBER 16, 2021

The company demanded damages under copyright law claiming that the team “willfully and maliciously” copied, adapted and distributed its source code and other content without permission. Affirmative Defense – Fair Use. The doctrine of fair use bars the relief sought by Plaintiff,” the response adds.

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Fair Use Copying Copyright Copyright Law 145

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).

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

LexBlog IP

SEPTEMBER 30, 2022

Many find it surprising, but there is no requirement to include a copyright notice on a work for the work to be protected by copyright law. The lack of a copyright notice does not give you permission to use the work. Examples of copyright infringement include the following when done without permission.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

Traverse Legal Blog

OCTOBER 20, 2022

If you don’t own the NFT, you might still wonder how you can use the image which appears on Google search or at the OpenSea marketplace. Can I copy and use a digital asset linked to an NFT? Trademark infringement and copyright infringement are risks which you need to assess before you buy an NFT or use a linked digital asset.

Non-Fungible Tokens 40

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression?

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Fair Use Copyright Reporting Licensing 116

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. It found that all four fair use factors weighed against fair use. [12]

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Fair Use Derivative Work Art Licensing 97

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

NOVEMBER 17, 2023

and Universal Music Group (“Plaintiffs”) sued AI start-up Anthropic PBC (“Anthropic”) on October 18, 2023, in the United States District Court for the Middle District of Tennessee “to address the systematic and widespread infringement of their copyrighted song lyrics” by Anthropic. ABCKO Music, Inc.,

Music 52

Music Copyright Infringement Publishing Copyright 52

LexBlog IP

MAY 19, 2023

Yesterday, the Supreme Court held 7-2 that a specific use of Andy Warhol’s “Orange Prince” silk screen—based on a copyrighted photograph of Prince—was not fair use. Goldsmith alleged copyright infringement after seeing Orange Prince in Condé Nast’s article.

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Although privacy invasion has been the main topic of discussion in this virtual context, there is another issue at hand: copyright infringement. The rights of speakers, organisers, and participants under Indian copyright law will be discussed in this Article, which will explore copyright concerns connected to webinars.

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Fair Use Ownership Copyright Licensing 52

LexBlog IP

MAY 24, 2023

Goldsmith , Opinion located here , the estate of deceased pop artist Andy Warhol argued its use of the photo at issue was fair use under the first of the four Fair Use test factors (the “purpose and character of the use”), because Warhol’s contributions were transformative, adding new expression, meaning, or message.

Fair Use 40

Fair Use Copyright Licensing Copying 40

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. Percentage of Original Material Used.

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Fair Use Copyright Law Copyright Law 52

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 in the U.S. ” Thus, copyright law provides authors with the right to control the use of their creative works.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

Patently-O

JANUARY 4, 2024

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. Winston & Strawn , 23-cv-11193 (S.D.N.Y.

Plagiarism 124

Plagiarism Fair Use Copying Copyright Infringement 124

The IP Law Blog

APRIL 8, 2021

Finding Google’s copying a fair use, the Supreme Court ended Oracle’s decade-long attempt to recover copyright damages. In designing the mobile platform, Google independently developed most of the code but copied what the parties referred to as “declaring code” for 37 application programming interfaces, or APIs.

Fair Use 52

Fair Use Copyright Copying Designs 52

LexBlog IP

JUNE 5, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use. Section 107 of the Copyright Act provides that “fair use of a copyrighted work.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use. Section 107 of the Copyright Act provides that “fair use of a copyrighted work.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

TorrentFreak

OCTOBER 1, 2023

” and “Is it copyright if nobody knows I copied a song and changed it so it sounds nothing like the original?” Who hasn’t seen copies of well-known tracks uploaded in full and protected by the statement: “I do not own this song. Full credits go to the copyright owner. billion views.

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Fair Use Copyright Copying Copyright Infringement 94

TorrentFreak

JUNE 30, 2023

Authors Sue OpenAI for Copyright Infringement This week, authors Paul Tremblay and Mona Awad filed a class action lawsuit against OpenAI, accusing ChatGPT’s parent company of copyright infringement and violating the DMCA, among other things. Congress recently stating that it doesn’t plan to overreact.

Copyright Infringement 140

Copyright Infringement Fair Use Copyright Journalism 140

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

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Fair Use Art Licensing Derivative Work 52

SpicyIP

DECEMBER 20, 2023

So, before 2023 turns into yesteryear, let’s see what the past Novembers on SpicyIP (2005 to present) have offered. E.g. Spadika Jayaraj discussed a case where the Delhi High Court dismissed a suit by a media house accusing copyright infringement on its database of users. Feels like history is repeating itself.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

TorrentFreak

OCTOBER 20, 2021

In the background played an unlicensed copy of the 1982 hit ‘Electric Avenue’ by musician Eddy Grant. In their motion to dismiss, Trump’s lawyers said any use was protected under the doctrine of fair use. Overall, each of the fair use factors weighed in favor of Grant.

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Fair Use Copyright Licensing Copyright Infringement 142

Velocity of Content

MAY 1, 2024

29 town hall, The Heart of the Matter: Copyright, AI Training and LLMs, presented a comprehensive case that AI systems do infringe copyrights and called for a licensing system to compensate content owners. The presentation wove together technical principles and legal arguments.

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Fair Use Copying Licensing Copyright 52

IPilogue

DECEMBER 9, 2022

In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of the tattoos. was released. Citing Muhammad-Ali v.

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Fair Use Copying Licensing Copyright 112

Copyright Lately

JUNE 2, 2022

In a 30-page order, the district court largely denies both parties’ motions for summary judgment, finding triable issues on substantial similarity and fair use. and High Voltage Tattoo) asked the court to determine that the use of Sedlik’s photo as a reference image qualified as a fair use of the copyrighted work.

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Fair Use Social Media Copyright Copyright Infringement 103

Patently-O

DECEMBER 11, 2023

45, to bring enforcement actions aimed at activities, including those involving the training and use of AI, that might involve copyright infringement—although we would note that the copyright consequences of AI are, as yet, undefined. On that point, time will tell. Under governing law, that is a judicial function.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

TorrentFreak

FEBRUARY 15, 2024

TVkaista Faces Legal Action In advance of TTVK’s letters being sent out, TVkaista’s CEO, technical director, and legal advisor, faced legal action for criminal copyright infringement and aggravated fraud.

Copyright Infringement 91

Copyright Infringement Copyright Fair Use Licensing 91

LexBlog IP

MARCH 19, 2024

The court also considered that copying of the Ultraman image is likely to have taken place, in view of the popularity of the Ultraman cartoon giving rise to a good chance that the AI system would have come across an original Ultraman image on the internet at some point.

Copyright 52

Copyright Copyright Infringement Intellectual Property Copying 52

SpicyIP

MAY 1, 2023

14 of the Copyright Act, 1957 (the Act), along with attribution seems like a possible solution that would address the concerns raised in the above cases. The problem is how do you license all the copyrighted images/information available on the web? Some have argued in favour of fair use, at least in the US context.

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IP Licensing Fair Use Moral Rights 129

Kluwer Copyright Blog

APRIL 22, 2024

The rise in popularity of non-fungible tokens (NFTs) has attracted a great deal of attention from copyright practitioners and aficionados. Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. And why is that?

Copyright 120

Copyright Artwork Moral Rights Non-Fungible Tokens 120

IP and Legal Filings

JUNE 12, 2023

[Image Sources : Shutterstock] It is a general principle that no copyright lies in ideas, subject-matter, themes, movie plots till the expression of the same are different. If presentation of subject-matter or an idea is similar to the original work, then it amounts to copyright violation. s commercial.

Copyright Law 83

Copyright Law Copyright Law Copyright Infringement 83

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. What Happened. Oracle , should have been decided by the trial judge. Skull arm design.

Fair Use 80

Fair Use Designs Design Licensing 80

LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1]

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Kluwer Copyright Blog

NOVEMBER 15, 2022

Recent appellate decisions in the United States have recognized expanded grounds for personal jurisdiction in cases of internet-based copyright infringements; divided on the extent to which the three-year statute of limitations limits damage recoveries; and increased the occasions for motions to dismiss on the ground of fair use.

Copyright 60

Copyright Fair Use Copyright Infringement Ownership 60

JIPL Online

APRIL 9, 2021

In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale. 511, 523 (2012).

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Copyright Lately

SEPTEMBER 26, 2022

That order actually topped my list of the 5 Worst Copyright Decisions of 2020 because, by sending the case to a jury, the court effectively ruled that anyone with a tattoo is not in control of the uses to which his or her likeness is put. Some of Randy Orton’s tattoos from Catherine Alexander’s copyright applications.

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Fair Use Licensing Ownership Copying 86

IP and Legal Filings

JANUARY 8, 2023

When someone violates a creator’s exclusive rights to a piece of work, they are engaging in copyright infringement. modification, and other forms of copying of the work fall under this category. Music as well as the movie industry are two common industries that face copyright issues on a day to day basis.

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Copyright Copyright Infringement Music Copying 75