LexBlog IP
FEBRUARY 11, 2024
Copying was tedious. Copying took effort. Copyright infringement silently screams from the sidelines, while buzzwords like “fair use” and “transformative use” enter the conversation, doing a delicate dance between legality and technology. That was then, this is now.
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.
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LexBlog IP
DECEMBER 6, 2021
One interesting note on copyright protection is that copyrighted materials are subject to the “fair use” doctrine, meaning that judges hold case-by-case flexibility to determine if the unauthorized uses of copyrighted material are permissible under four guiding factors. Patent Protection for Functionality.
43(B)log
MAY 22, 2023
From 2014-2018, the posts at issue used revealing photos of the plaintiffs against ad copy linked thematically to the visual, e.g., a picture of one plaintiff “in an apparent school uniform that included a short plaid skirt, captioned: ‘Friday Oct 17th SEXY SCHOOL GIRL PARTY! Thus, they argued, they couldn’t know their losses.
43(B)log
APRIL 7, 2023
In Council, we had proposals for staydown; Netherlands asked for a modest duty of care; Germans wanted a 24-hour deadline copying NetzDG; Parliament wanted liability exemption for marketplaces except for illegality; staydown; and prohibition of automated filtering that would have prevented spam filters. Substitutes for fair use.
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