IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No.

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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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Patently-O

APRIL 3, 2022

Although Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. Apparently Vanity Fair commissioned Warhol to make an illustration for its 1984 article on Prince. Those have been sold and also reproduced in various forms in ways that go well beyond the original license. by Dennis Crouch.

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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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LexBlog IP

AUGUST 11, 2021

A recent Supreme Court decision has finally put an end to the longstanding fight between Oracle and Google concerning Google’s use of Oracle’s copyrighted Java Application Programming Interfaces (APIs). This decision is likely to create greater opportunities for developers to use copyrighted API code.

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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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TorrentFreak

MARCH 25, 2024

Internet Archive The self-scanning service offered by the Internet Archive (IA) differs from the licensing agreements entered into by other libraries. Publishers Hachette, HarperCollins, John Wiley, and Penguin Random House filed a lawsuit, equating IA’s controlled digital lending (CDL) operation to copyright infringement.

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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.

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Plagiarism Today

OCTOBER 4, 2022

This prompted Alexander to file a lawsuit against Take-Two, claiming copyright infringement of her work. He called an earlier decision in the case one of the 5 worst copyright decisions in 2020 and, with the jury verdict, called it a loss for bodily autonomy and free speech. Instead, she only won actual damages totaling $3,750.

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Technology & Marketing Law Blog

AUGUST 31, 2021

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.

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LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No.

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TorrentFreak

MARCH 21, 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. Staying true to the centuries-old library concept, only one patron at a time can get a copy. Mass Copyright Infringement or Fair Use?

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TraskBritt Intellectual Property

APRIL 10, 2021

When developing Android, Google had copied the text and format of function calls from Oracle’s Java SE Application Programming Interface (API). LEXIS 1864 (2021), the Supreme Court held that Google’s copying was permissible fair use. 18-956, 2021 U.S. Software and IP.

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Copyright Lately

OCTOBER 2, 2023

While a flurry of AI copyright lawsuits from prominent authors and artists grab headlines, another case has quietly taken something more important: a head start. This means that a jury could weigh in on some of the thorniest copyright questions involving artificial intelligence as early as May 2024. Thomson Reuters v.

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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

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.

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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. Definition. Indian Perspective.

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LexBlog IP

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. She emphasized that both uses were commercial in nature, making them substantially similar in purpose.

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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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TorrentFreak

JANUARY 17, 2024

is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. Acuff-Rose sued members of hip hop group 2 Live Crew, claiming that their track “Pretty Woman” infringed the label’s copyright in the Roy Orbison song, “Oh, Pretty Woman.”

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Copyright Lately

JANUARY 23, 2024

A federal jury is set to decide whether celebrity tattoo artist Kat Von D infringed photographer Jeff Sedlik’s copyright in a Miles Davis portrait by tattooing the image onto her client’s body. A first-of-its-kind copyright infringement trial is scheduled to begin today in Los Angeles. The Good, the Bad and the.

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TorrentFreak

DECEMBER 22, 2023

Internet Archive The self-scanning service is different from the licensing deals other libraries enter into. Publishers Hachette, HarperCollins, John Wiley, and Penguin Random House filed a lawsuit, equating IA’s controlled digital lending (CDL) operation to copyright 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. Patrons can also borrow books that are scanned and digitized in-house, with technical restrictions that prevent copying.

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The IP Law Blog

MARCH 2, 2023

According to Getty Images, Stability copied Getty’s photographs with associated text and metadata to train its Stable Diffusion model, which uses AI to generate computer-synthesized images in response to text prompts. Getty Images generates revenue by licensing the right to use its assets to businesses and consumers.

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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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LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. The first factor of fair use considers the nature of and reasons for a copier’s use of an original work. [4]

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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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The IP Law Blog

SEPTEMBER 30, 2022

Copyright protection automatically attaches to a work when it is created. 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. Posting copyrighted images or photos on your website or social media.

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43(B)log

MARCH 1, 2022

He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees. The passage is “separately copyrighted,” by which I take it the court means “separately registered.” The passage is “separately copyrighted,” by which I take it the court means “separately registered.”

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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.

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Velocity of Content

JANUARY 25, 2024

“Is offshoring the training of AI a credible and efficient response to minimize copyright compliance risks or is offshoring merely a theoretical argument designed to both influence lawmakers and for government relations purposes?” Artificial Intelligence (AI) is global, and copyright laws are national.

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Plagiarism Today

NOVEMBER 18, 2021

1: ‘GTA’ Reverse-Engineer Modders Defend Projects as Under “Fair Use”. First off today, Will Nelson at NME reports that video game modders are fighting back against a lawsuit filed by Rockstar Games claiming that their fan-created mods are a fair use, not a copyright infringement. million Yen ($30,600) fine.

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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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Velocity of Content

MAY 24, 2023

Content reuse is central to most medical communications projects, but navigating the copyright guidelines applicable to this reuse remains a challenge for some agencies and clients. I want to use copyrighted material for internal use only.

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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. Patrons can also borrow books that are scanned and digitized in-house, with technical restrictions that prevent copying.

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Technology & Marketing Law Blog

JUNE 2, 2022

Can tattoos infringe copyrights, and if yes, what remedies are appropriate? Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. Nature of Use. This factor weighs against fair use. Background. ” Huh?

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Technology & Marketing Law Blog

AUGUST 12, 2021

Under the Copyright Act, display. means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.”. Fair use : The court also grapples with fair use.

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