IP and Legal Filings

APRIL 19, 2022

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957.

Copyright Law 73

Copyright Law Copyright Law Copyright Infringement 73

TorrentFreak

APRIL 7, 2024

While we would never vouch for the accuracy of any fingerprinting filter, WebKyte provided us with access to their platform, allowing us to upload files and check the accuracy. After uploading a copy of TPB-AFK to the system, near-instantly it found over 2,000 matches across the dozen platforms.

Copying 89

Copying Copyright Infringement Fair Use Social Media 89

The IPKat

APRIL 3, 2023

The IPKat has received and is pleased to host a guest contribution by Desmond Oriakhogba on the new Copyright Act 2022 signed into law by Nigeria's President. The Act introduces a new vista in Nigerian copyright law as it repeals the Copyright Act 2004.

Copyright 127

Copyright Intellectual Property Fair Use Copyright Law 127

LexBlog IP

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Further, only a modicum, or small amount, of creativity is required for copyright protection to attach. That is not the case.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2000) (“ copying an entire work militates against a finding of fair use. ”).

Fair Use 136

Fair Use Privacy Copyright Technology 136

The IPKat

DECEMBER 20, 2023

by Despoina Dimitrakopoulou Recently, the news of reggaeton mega-star Bad Bunny's eloquently put disappointment spread on social media, bringing up interesting questions concerning music creation using AI. Essentially, FlowGPT would have fed the copied songs into the system, and that could mean copyright infringement.

Music 73

Music Social Media Copying Derivative Work 73

Copyright Lately

DECEMBER 29, 2021

Relying on the server test , Sinclair unsuccessfully argued that it and its affiliates didn’t infringe the copyright in Nicklen’s video because they only embedded it on their websites from Instagram or Facebook, as opposed to maintaining a copy of the video on a Sinclair-controlled server. Wilmott Storage Services.

Copyright 114

Copyright Fair Use Social Media Copying 114

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 95

Blogging Copying Social Media Copyright 95

Copyright Lately

MAY 17, 2021

Parody is tricky, both as an art form and as a matter of copyright law. And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. Did SNL go too far?

Fair Use 95

Fair Use Copying Television Social Media 95

SpicyIP

OCTOBER 11, 2021

New Social Media Rules, But No Clarity for Copyright Claims. To an extent, the misuse of notice and takedown procedures is a function of the strange evolution of copyright takedowns and intermediary liability issues in India (which we have covered extensively here).

Copyright 105

Copyright Social Media Copyright Infringement Copyright Notice 105

Copyright Lately

MAY 1, 2023

First of all, in terms of copyright, to reiterate our very clearly articulated position. sophisticated generative AI that’s enabled by large language models, which trains on our intellectual property, violates copyright law in several ways. It isn’t human-readable and does not contain copies of any audio recordings.

Music 87

Music Copyright Copying Copyright Law 87

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. The local news could then take photos of the shirt to use in a story about what a lousy dad I am. You get the idea. Paging Section 113(c).

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

Kluwer Copyright Blog

FEBRUARY 2, 2023

We will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.” Registration was refused in August 2019, in line with previous US case law and guidance. We were not aware that the image may have been created by AI” 2.

Copyright 145

Copyright Art Fair Use Registration 145

IPilogue

OCTOBER 28, 2021

Copyright Creeping into Costumes. In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

IP Tech Blog

AUGUST 15, 2022

On the first inquiry, the court determined that Bayside did not establish a clear case of copyright infringement because MoneyBag’s use of the photos constitutes fair use. If the use is fair, it is not infringement. The tweets were not for commercial gain, which weighs in favor of fair use.

Fair Use 62

Fair Use Copyright Infringement Copyright Marketing 62

Copyright Lately

JANUARY 23, 2023

Stable Diffusion Doesn’t Store Copies of Training Images The complaint also mischaracterizes Stable Diffusion by asserting that images used to train the model are “stored at and incorporated” into the tool as “compressed copies.” The current Stable Diffusion model uses about 5 gigabytes of data.

Derivative Work 108

Derivative Work Art Copying Fair Use 108

Copyright Lately

AUGUST 2, 2022

While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. The Musical Parody ,” “The Unofficial Bridgerton Musical” isn’t the type of parody musical that courts have often found to be fair use under the Copyright Act.

Music 104

Music Derivative Work Fair Use Cease and Desist 104

The IPKat

JULY 9, 2023

As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This book should not be perceived as a classic manual on the application of copyright to these art forms. This chapter examines whether street artists and writers are interested in copyright.

Art 57

Art Copyright Moral Rights Cease and Desist 57

Copyright Lately

OCTOBER 24, 2022

This was the late ’90s, and the entertainment industry was still reeling from a well-publicized copyright infringement lawsuit involving the movie 12 Monkeys. In that case, artist Lebeus Woods claimed that a torture device used in the Terry Gilliam film had been unlawfully copied from his drawing of a wall-mounted chair.

Artwork 87

Artwork Copyright Infringement Copyright Art 87

IP and Legal Filings

JANUARY 13, 2023

In this sense, a coherent theory of the use of de minimis will go a long way in efficient disposal of such cases. DE MINIMIS IN COPYRIGHT LAW. The defence only applies to the extent of a plaintiff’s copyrighted work’s usage, not how the defendant uses it. In the landmark case of Bell v. Conclusion.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

SpicyIP

DECEMBER 20, 2023

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. The issue has often arisen in the context of protecting confidential information through copyright law. Feels like history is repeating itself.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

TorrentFreak

OCTOBER 1, 2023

In our brave new world where millions of ordinary people are copyright holders of snaps they publish to social media or videos they upload to YouTube, awareness of copyright law is at an all-time high. The Klein’s emerged victorious from a lawsuit in 2017 after mounting a successful fair use defense.

Fair Use 92

Fair Use Copyright Copying Copyright Infringement 92

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. 29, 2013), [link]. [ii] 277 (2020). [iv]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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. When the electronic version is “checked out,” the physical copy is taken out of circulation. ” What is Controlled Digital Lending?

Fair Use 69

Fair Use Copying Publishing Copyright 69

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. This left only the fair use defense remaining for the jury.

Fair Use 78

Fair Use Designs Design Licensing 78

Kluwer Copyright Blog

SEPTEMBER 26, 2022

by the exclusion of the applicability of the doctrine of exhaustion, that is, the resale of lawfully acquired digital copies), but, more importantly, the examination of selected EULAs evidenced that platforms also tightened the grip on the potential uses of their services. For example, users of social media platforms (e.g.,

Art 100

Art Social Media Licensing Copyright Law 100

JIPEL Copyright Blog

MARCH 21, 2022

This means that TOs have been tasked with getting enough GameCubes, Wiis, copies of the game, and clunky CRT TVs to play on. Players rallied against Nintendo’s actions, causing #FreeMelee to trend across social media and throughout the gaming world. Players, for most of the game’s competitive existence, have played in person.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

Velocity of Content

AUGUST 10, 2022

In a much-anticipated report , the UK Intellectual Property Office recommends a major rewriting of UK copyright law, delivering the future of copyright to those using AI and damaging the present and future financial interests of publishers, authors, journalists, and musicians among others.

Law 116

Law Licensing Publishing Intellectual Property 116

Copyright Lately

MAY 21, 2021

The man in the photo, whom Dolezal previously identified as “my dad” in social media posts, was later revealed to be Albert Wilkerson Jr. , In a forthcoming law review article, professor Cathay Smith writes about the increasingly widespread phenomenon of “weaponizing copyright.” View Fullscreen.

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. You can judge for yourself by downloading a copy of “Jap Herron” here. In 1999, Cinema Secrets licensed the right to sell a Michael Myers Halloween mask from the film’s copyright owner.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

TorrentFreak

DECEMBER 20, 2023

Recurring news that another established and popular content creator faces copyright issues on YouTube is something the world will have to get used to. According to the report, the YouTube copyright claims threaten Beard’s social media presence. What About Fair Use?

Fair Use 86

Fair Use Copyright Social Media Content Creation 86

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. There’s a fair amount to unpack here, so let’s start with the facts, which I’ve compiled from my review of court files in both New York and California. .” LFP , Inc. ,

Copyright 77

Copyright Derivative Work Fair Use Social Media 77

Copyright Lately

OCTOBER 23, 2023

Trump went on to testify that “everybody on the internet could use [the video] once it was put up.” ” So much for Trump having a basic understanding of copyright law. Trump, have either you or any of your 15· ·entities been plaintiffs in copyright infringement 16· ·actions? 14· · · · · Q.· ·Mr.

Copyright 97

Copyright Fair Use Music Copyright Infringement 97

LexBlog IP

APRIL 20, 2022

As described here in a previous post: The United States Court of Appeals for the Second Circuit rejected an artistic intent or purpose test for fair use on March 26, 2021, in The Andy Warhol Foundation v. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. at 7-9) were transformative.,”

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52