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] It found that all four fair use factors weighed against fair use. [12] Goldsmith counterclaimed for copyright infringement.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Plagiarism Today

SEPTEMBER 15, 2021

In the lawsuit, Pearson alleges that Chegg, through the use of thousands of freelancers, provides answers to questions found in textbooks it publishes and, in doing so, often copies the question verbatim or with slight paraphrasing. Not Covered by Copyright: This is a likely argument where just the answers are presented.

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Copyright Infringement Copyright Derivative Work Fair Use 238

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. The first factor did not apply to Warhol’s image as published in Condé Nast in 2016, so that specific use was not fair use.

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

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. Table of Contents: Warhol v.

Fair Use 52

Fair Use Art Licensing Derivative Work 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] Section 107 of the Copyright Act provides that “fair use of a copyrighted work.

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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] 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

Kluwer Copyright Blog

APRIL 22, 2024

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. And why is that?

Copyright 120

Copyright Artwork Moral Rights Non-Fungible Tokens 120

43(B)log

FEBRUARY 16, 2024

Ushered in sea change in terms of how it was used in art cases. For years, those cases had determined fair use by focusing largely on whether the secondary work was transformative: new meaning or message. Conceptual work is beneath the surface of the work. Peter Karol (similar presentation recapped here ).

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Derivative Work Fair Use Art Marketing 59

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

Patently-O

DECEMBER 11, 2023

But however it is interpreted, the sentence presents several concerns: 1) First, the sentence seems to assume that training a machine learning model on copyrighted works made freely available on the open Internet is likely to be deemed (or should be deemed) a copyright violation. On that point, time will tell. 4] Authors Guild, Inc.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

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. That $3,750 works out to a measly $71 for each month the case has been pending.

Fair Use 80

Fair Use Designs Design Licensing 80

43(B)log

AUGUST 3, 2023

Michael Carroll (w/ Peter Jaszi), Fair Use After Google and Warhol Codification is a big deal; clarifies that fair use is a distinct doctrine, whereas well into 20th century courts were using it as noninfringement. Courts weren’t using four factors before that. A: we have to give meaning to the verbiage.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). HathiTrust and Authors Guild v.

Copyright 137

Copyright Fair Use Copyright Law Law 137

Technology & Marketing Law Blog

JANUARY 17, 2024

The plaintiff gets an expensive lesson in the law of derivative works. * * * UIRC offers bonds using a private placement memorandum (PPM) and an indenture of trust. There was no question about the copying–the revised William Blair documents sloppily retained references to UIRC). See, e.g., White v.

Copyright 47

Copyright Copying Copyright Infringement Editing 47

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

Copyright 59

Copyright Copying Music Fair Use 59

Copyright Lately

MARCH 6, 2023

.” Coakley DM to Harvey Berger (from court files) After Coakley’s monetary demands were refused, Berger received an email from an unknown individual claiming to be a “friend” of Coakley’s, who threatened that a copy of Runt would be “leaked online” if Coakley’s pilot project wasn’t funded.

Copyright 79

Copyright Derivative Work Fair Use Social Media 79

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. ¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

Technology & Marketing Law Blog

FEBRUARY 13, 2023

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? 202(a) ] “Fixed” means that the work is embodied in a material object in some permanent form. Rural Telephone Service Co. , This strikes me as the wrong result.

Copyright 120

Copyright Blogging Publishing Fair Use 120

43(B)log

SEPTEMBER 7, 2023

When she became aware of the use, she promptly sent a C&D. (It The court also rejected summary judgment on a fair use defense. Even assuming the purpose of Defendants’ use was to make the BTO ad available for commentary and criticism, that purpose itself, in the context of this case, is commercial” (citing Warhol ).

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

43(B)log

FEBRUARY 4, 2023

Characteristic phrases have to be present in all compositions in a given Raga; desirably perceivable similarity b/c that’s how the vocalist and audience gets a grip on what they’re hearing. Have Black musicians been able to use copyright litigation to push back against cross-racial appropriation (Three Boys), is it equal (Campbell v.

Copyright 64

Copyright Editing Settlement Music 64

JIPL Online

APRIL 9, 2021

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. xxvii] Presently, however, the placement of entitlements and interpretation of scope are backwards. vii] Deidrè A. 511, 523 (2012).

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

LexBlog IP

OCTOBER 25, 2023

The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before. ” With a mixed bag present on the substantial similarity analysis, the District Court moved on to looking at fair use itself. .” Let’s see why.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52