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.

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

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, Andy Warhol not only used Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

Velocity of Content

APRIL 11, 2024

For their part, some GenAI companies like OpenAI argue that there is no infringement, either because there is no “copying” of protected materials or that the copyright principle of fair use uniformly applies to generative AI activities. How Content Use in LLMs Relate to Copyright How does this relate to the lawsuits?

Licensing 52

Licensing Fair Use Copying Copyright 52

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. In Google LLC v. 18-956, 2021 U.S. Software and IP.

Fair Use 40

Fair Use Copying Intellectual Property Copyright 40

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.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 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] Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use.

Fair Use 52

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] Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

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.

Fair Use 52

Fair Use Art Licensing Derivative Work 52

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

If a webinar’s speeches, lectures, and addresses (collectively referred to as “lectures”) are scripted, they are copyrightable as literary works under section 13 of the Act (i.e. Fair use; webinar recordings. Ownership of copyright in the lectures presented by the speakers. written in advance).

Fair Use 52

Fair Use Ownership Copyright Licensing 52

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.

Fair Use 40

Fair Use Copyright Licensing Copying 40

Copyright Lately

JANUARY 23, 2024

The TLDR is that Sedlik owns a valid copyright in the Miles Davis photo, and Kat Von D admits to using the photo as a reference image to create her tattoo. But very few of them were officially licensed. That said, expect most of the action to center on the fair use defense. The Good, the Bad and the.

Social Media 139

Social Media Fair Use Copyright Infringement Copying 139

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

TorrentFreak

MARCH 18, 2024

Patrons can also borrow books that are scanned and digitized in-house, with technical restrictions that prevent copying. Staying true to the centuries-old library concept, only one patron at a time can rent a digital copy of a physical book.

Publishing 109

Publishing Fair Use Copying Music 109

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, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. copyright law. Copyright law in the U.S.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

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. factor weighs in favor of fair use. 4] “The larger the difference, the more likely the.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

IPilogue

DECEMBER 9, 2022

In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of the tattoos. was released. Citing Muhammad-Ali v.

Fair Use 112

Fair Use Copying Licensing Copyright 112

Technology & Marketing Law Blog

SEPTEMBER 23, 2022

The case involves ShutterStock, a photo licensing service. (We We used ShutterStock as the blog’s image provider for several years). ShutterStock has a “contributor” program that allows anyone to upload photos into their licensing database in exchange for a fee if licensed. No Control/Financial Benefit.

Licensing 85

Licensing Copying Blogging Copyright 85

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. ” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Live Crew used it anyway. .”

Copyright 116

Copyright Derivative Work Fair Use Reporting 116

SpicyIP

MAY 1, 2023

Licensing of training datasets The licensing of datasets – for the concerned rights under Sec. The problem is how do you license all the copyrighted images/information available on the web? The problem is how do you license all the copyrighted images/information available on the web?

IP 129

IP Licensing Fair Use Moral Rights 129

Velocity of Content

DECEMBER 6, 2023

Significant amounts of content are available through licenses, including open licenses such as CC BY and CC BY-NC. To what extent are copyrighted works licensed from copyright owners for use as training materials? To your knowledge, what licensing models are currently being offered and used? TVEyes, Inc.,

Copyright 98

Copyright Fair Use Licensing Copying 98

Velocity of Content

OCTOBER 19, 2023

The 1976 Act brought in many aspects of copyright with which we are now familiar, including codifying fair use in Section 107 (it previously had been applied on a common law basis). Harper & Row brought suit and The Nation argued that publishing the excerpts was a fair use.

Copyright 116

Copyright Fair Use Copyright Law Copyright Notice 116

IPilogue

OCTOBER 1, 2022

Fischer found triable issues on substantial similarity and fair use. Kat Von D did not request authorization or a license to reproduce the image. To freehand ink the tattoo, Kat Von D created a stencil by using a light box to trace the Davis photograph. Background. For example, in Alexander v.

Copyright Infringement 130

Copyright Infringement Fair Use Art Copyright 130

Copyright Lately

JUNE 2, 2022

In a 30-page order, the district court largely denies both parties’ motions for summary judgment, finding triable issues on substantial similarity and fair use. and High Voltage Tattoo) asked the court to determine that the use of Sedlik’s photo as a reference image qualified as a fair use of the copyrighted work.

Fair Use 103

Fair Use Social Media Copyright Copyright Infringement 103

Velocity of Content

JUNE 15, 2023

“If an original work and a secondary use share the same or highly similar purposes, and the secondary use is of a commercial nature, the first factor is likely to weigh against fair use, absent some other justification for copying.” Fair use is always extremely fact dependent.

Fair Use 52

Fair Use Licensing Artistic Work Copyright 52

LexBlog IP

MAY 31, 2023

The Court held that the first factor of the copyright fair use test favored respondent photographer, Lynn Goldsmith, rather than petitioner, Andy Warhol Foundation for the Visual Arts (“AWF”). Vanity Fair engaged Andy Warhol to create an illustration based on Goldsmith’s photograph for use in the magazine.

Fair Use 52

Fair Use Licensing Copyright Editing 52

Patently-O

DECEMBER 11, 2023

Moreover, as we detail below, the best understanding of the application of fair use principles to AI training would hold that the practice is in most if not all instances a fair use. The FTC has no authority to determine what is and what is not copyright infringement, or what is or is not fair use.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

LexBlog IP

JUNE 5, 2023

Warhol and his Foundation’s claim of fair use lost. The case began after Prince died in 2016, when Vanity Fair magazine’s parent company, Condé Nast, published a special commemorative magazine celebrating his life. ” The license provided that the use would be for “one time” only. .”

Fair Use 52

Fair Use Derivative Work Art Licensing 52

TorrentFreak

JULY 26, 2023

So-called ‘cam’ copies appear online within hours of movies first appearing in theaters, yet as piracy releases go, cams are unique in their ability to disappoint just about everyone. For the last 40 years the Motion Picture Association has regularly highlighted the damage caused by in-theater recordings of the latest movies.

Copying 67

Copying Fair Use Cinema Reporting 67

TorrentFreak

MAY 8, 2023

Adjusted for inflation, imported Japanese N64s changed hands for the equivalent of $1,400 in today’s money; a copy of Super Mario 64? Imported into the gray market in Europe, US cartridges were cheaper than their Japanese counterparts. An emulator reference, presumably. A snip at $165.

Copying 120

Copying Copyright Licensing Fair Use 120

Copyright Lately

OCTOBER 24, 2022

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. Fair use and de minimis defenses are often unreliable, and even if you have a solid case, defending copyright infringement lawsuits is an expensive proposition.

Artwork 88

Artwork Copyright Infringement Copyright Art 88

IP and Legal Filings

JANUARY 22, 2024

Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. It creates ‘Secure Distribution’ of content which generally use encryption and digital watermarks (Pandey).

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Kluwer Copyright Blog

JANUARY 16, 2024

Rather than being programmed in the traditional way, a large language model is “trained” by copying massive amounts of text and extracting information from it. Books3 is a dataset of books derived from a copy of the contents of the “ Bibliotik private tracker ”. This body of text is called the training dataset.

Derivative Work 133

Derivative Work Copyright Infringement Copying Copyright 133

IP and Legal Filings

FEBRUARY 9, 2023

[iii] This treaty also directs for permission of use, without authorization of the copyright holder over such accessible formats of copyrighted copies, which should be non-commercial lending & may comprise of electronic communication. Lacuna: Copyright Act. In Authro Guild v. 3d 87 (2d Cir. first appeared on IPLF.

Copyright 78

Copyright Contracts Copying Licensing 78

Biswajit Sarkar Copyright Blog

JULY 27, 2022

In simple words, the transmission of programmes or information that we see on TV or hear on radio can be referred to as broadcasting. Instead of the owner of the copyright issuing copies for distribution, the works are available for being seen or heard or otherwise enjoyed by the public.

Copyright 52

Copyright Licensing Reporting Fair Use 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). In the aftermath of cases like Authors Guild v.

Copyright 137

Copyright Fair Use Copyright Law Law 137

LexBlog IP

JUNE 10, 2022

The US Supreme Court in March decided it will revisit a dispute over pop artist Andy Warhol’s images of Prince. Goldsmith , the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law. Understanding the Fair Use Doctrine. Oracle America, Inc.

Fair Use 52

Fair Use Intellectual Property Copyright Copyright Infringement 52