Technology & Marketing Law Blog

FEBRUARY 12, 2024

Larry Philpot is a repeat copyright plaintiff. In 2016, the defendant IJR published an article/listicle titled “15 Signs Your Daddy Was a Conservative.” This is what I call a “commercial editorial use”–ad-supported editorial content. One sign is listening to Ted Nugent. (I Amount Taken. ” Market Effect.

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Fair Use Licensing Copyright Marketing 88

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 engaged in an extensive analysis of whether the purpose and character of Internet Archive’s use was transformative.

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Fair Use Copying Publishing Copyright Infringement 57

TorrentFreak

MAY 1, 2024

In this case, eight major news publications are suing OpenAI and Microsoft for copyright infringement. In addition, ChatGPT can recall large parts of their copyright-protected articles, which effectively bypasses their paywalls. The plaintiffs show that ChatGPT can reproduce content from copyrighted news articles when prompted.

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Plagiarism Today

SEPTEMBER 15, 2021

Yesterday, news broke that Pearson Education, the largest publisher of textbooks in the world, has filed a lawsuit against the website Chegg alleging widespread copyright infringement of its content on the site. As a result, Pearson is suing Chegg alleging copyright infringement. Questions, Answers and Copyright.

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Copyright Infringement Copyright Derivative Work Fair Use 244

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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Fair Use Copyright Law Copyright Law 52

TorrentFreak

DECEMBER 22, 2023

Publishers vs. Internet Archive The self-scanning service is different from the licensing deals other libraries enter into. Not all publishers are happy with IA’s approach which triggered a massive legal battle two years ago. The publishers didn’t listen to these concerns.

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Copyright Fair Use Publishing Marketing 119

IP and Legal Filings

JANUARY 16, 2024

The libraries use this concept of CDL justify the mass digitalization of copyright works digital versions of their legally obtained items and lending them to patrons in a controlled manner. This rule covers lending digital copies of copyrighted works, while works in the public domain can be freely digitized.

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Copyright Fair Use Public Domain Copying 79

TorrentFreak

JUNE 14, 2022

In the summer of 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House filed a copyright infringement lawsuit against Internet Archive (IA). “The only issue is whether Internet Archive’s massive infringement scheme is fair use under 17 U.S.C. § In a June 10 letter to Judge John G.

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Publishing Fair Use Copying Editing 113

TorrentFreak

MAY 1, 2024

In this case, eight major news publications are suing OpenAI and Microsoft for copyright infringement. In addition, ChatGPT can recall large parts of their copyright-protected articles, which effectively bypasses their paywalls. The plaintiffs show that ChatGPT can reproduce content from copyrighted news articles when prompted.

Copyright Infringement 86

Copyright Infringement Copyright Publishing Copying 86

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. Pub Ocean then published an article titled “A Massive Lake has Just Materialized in the Middle of One of the Hottest Places on Earth”.

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Fair Use Journalism Licensing Marketing 129

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.

Fair Use 52

Fair Use Copying Publishing Television 52

TorrentFreak

FEBRUARY 20, 2022

Depending on opinion, the Watch Tower Bible and Tract Society, the supervising body and publisher for the Jehovah’s Witness religious group, either doesn’t like criticism, dislikes copyright infringement, or hates both. ” Fair Use Considerations. Overall then, the first factor weighs in favor of fair use.

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Fair Use Copyright Infringement Copyright Publishing 107

LexBlog IP

NOVEMBER 17, 2023

This time, a group of music publishing companies, including Concord Music Group, Inc., This time, a group of music publishing companies, including Concord Music Group, Inc., The Lawsuit Another week, another lawsuit against generative AI. ABCKO Music, Inc., ABCKO Music, Inc., See Concord Music Group, Inc. Anthropic PBC , M.D.

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Music Copyright Infringement Publishing Copyright 52

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 Derivative Work Fair Use Reporting 118

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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Copyright Fair Use Copyright Law Copyright Notice 116

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. What are the dos and don’ts regarding permission?

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Copyright Fair Use Journalism Publishing 98

TorrentFreak

AUGUST 19, 2021

Last June, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive for copyright infringement , describing its ‘Open Library’ as operating like a pirate site. Publishers Respond to Internet Archive’s Request.

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Publishing Fair Use Marketing Marketing 142

Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

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Copyright Fair Use Social Media Artwork 78

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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IPilogue

JULY 18, 2022

Last year, Andy Warhol lost an infamous copyright infringement lawsuit against photographer Lynn Goldsmith regarding an image of the pop singer Prince. Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use.

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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.

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Fair Use Copyright Law Copyright Intellectual Property 110

Larson & Larson

JUNE 21, 2021

Without a shred of doubt, copyright law envisages the protection of the copyright holder’s rights. The most common limitation where the exclusive rights of a copyright holder can be limited fall under the doctrine of fair use- a defense against copyright infringement. What is Fair Use?

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Fair Use Copying Copyright Marketing 52

SpicyIP

DECEMBER 6, 2023

Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 2(c), the fair use exemption thereof under Sec. 2(c)(i), and, thus, copyrightable under sec. 57 of the Act.

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TorrentFreak

JANUARY 11, 2024

AI Boom Triggers Copyright Troubles Presser wasn’t wrong, but the dataset didn’t just help garage AI startups. Several of the world’s largest tech companies discovered it too and used it to improve their own language models. It is clear, however, that the company plans to rely on a fair use defense, at least in part.

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Velocity of Content

JANUARY 25, 2024

This article originally appeared in IPWatchdog and is re-published with permission. “Is 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?”

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Copyright Copyright Law Copyright Infringement Government 98

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. Lynn Goldsmith, a rock-and-roll photographer, took a photograph of Prince in 1981 that was published in a Newsweek article.

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Fair Use Derivative Work Licensing Copyright Infringement 40

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. Anyway, Bell goes around suing unauthorized users of the passage, mostly public schools or nonprofits that publish the passage on social media. I hope it modifies the training program to talk about fair use!]

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Fair Use Social Media Licensing Marketing 90

TorrentFreak

AUGUST 14, 2021

The service was not appreciated by book publishers. Publishers Sue IA For Copyright Infringement. HarperCollins Publishers LLC, John Wiley & Sons, Inc., and Penguin Random House LLC – all members of the Association of American Publishers – accused the Internet Archive of running a pirate site.

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Publishing Fair Use Copyright Infringement Copyright 145

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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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. HLG ultimately filed suit for copyright infringement.

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Plagiarism Fair Use Copying Copyright Infringement 124

Plagiarism Today

JULY 8, 2021

However, others, including Julia Reda, a former Pirate Party MEP, published a blog post claiming that it isn’t. She says that text and data mining is not a copyright infringement and that, since an AI cannot produce a copyright-protected work, its output cannot be an infringement. Is it so short that its use is a fair use?

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Copyright Fair Use Copyright Infringement Copying 208

Dear Rich IP Blog

APRIL 5, 2020

Dear Rich: I am in the final stages of publishing an academic monograph. Is depositing the book at the library a form of "publishing?" I asked the estate for permission to publish small citations but they claimed I would give away the plot and thus their ability to make money on it if they were to publish. Paraphrasing.

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Copying Fair Use Publishing Copyright Infringement 52

Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Very few jurisdictions expressly provide for copyright in computer-generated works.

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BYU Copyright Blog

MAY 15, 2023

In the digital age where information flows freely, the clash between copyright protection and access to knowledge has become increasingly prominent. They maintain that the digitization and distribution of copyrighted books without explicit permission undermines the incentives for authors and publishers to create and publish new works.

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Copyright Fair Use Copying Publishing 52

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 reform process is now complete with the recent assent to the Bill, as the Copyright Act 2022, by the Nigerian President.

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LexBlog IP

JULY 24, 2023

for allegedly using their copyrighted content without authorization to train artificial intelligence (AI) language models. The lawsuits, filed in San Francisco federal court, highlight the legal challenges faced by developers of chat bots who rely on copyrighted material to create realistic responses.

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Copying 52

IPilogue

FEBRUARY 28, 2023

The United States Court of Appeals for the Ninth Circuit reversed a 2019 federal district court’s ruling that held a French court’s ruling was unenforceable due to a conflict in copyright laws between the countries. In 1991, Wofsy, with permission from Picasso’s estate , published De Fontrbrune’s images in “The Picasso Project”.

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Fair Use Copyright Copyright Infringement Copyright Law 105