Copying, Fair Use, Litigation and Marketing - Intellectual Property Pulse

Let’s Go Hazy: Making Sense of Fair Use After Warhol

Copyright Lately

MAY 22, 2023

Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. Goldsmith.

Fair Use

Fair Use Licensing Copying Artwork

Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. IJR

Technology & Marketing Law Blog

FEBRUARY 12, 2024

This is what I call a “commercial editorial use”–ad-supported editorial content. Courts routinely split on whether commercial editorial use is commercial for fair use purposes. ” Market Effect. The court says it presumes harm with a commercial non-transformative use. Amount Taken.

Fair Use

Fair Use Licensing Copyright Marketing

WIPIP: In Memoriam and Fair Use

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

Fair Use Derivative Work Copying Marketing

Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use

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. Unbeknownst to Ms.

Fair Use

Fair Use Derivative Work Copying Licensing

When is it Fair Use to Use a Photo to “Illustrate” an Article?

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.

Fair Use

Fair Use Journalism Licensing Marketing

Copy and Paste – Supreme Court Holds Copying Software Function Calls Was Fair Use

TraskBritt Intellectual Property

APRIL 10, 2021

Supreme Court issued a decision in litigation involving Google’s Android operating system for mobile devices on April 5, 2021. When developing Android, Google had copied the text and format of function calls from Oracle’s Java SE Application Programming Interface (API). In Google LLC v. 18-956, 2021 U.S. Software and IP.

Fair Use

Fair Use Copying Intellectual Property Copyright

5th Cir affirms fair use on a motion to dismiss, fee award to D

43(B)log

MARCH 1, 2022

25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.

Fair Use

Fair Use Social Media Licensing Marketing

Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use

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. ” Unbeknownst to Ms.

Fair Use

Fair Use Derivative Work Copying Licensing

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

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] Controversy” [8] : The Litigation. It found that all four fair use factors weighed against fair use. [12]

Fair Use

Fair Use Derivative Work Art Licensing

Some Thoughts on Five Pending AI Litigations – Avoiding Squirrels and Other AI Distractions

Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law.

Litigation

Litigation Fair Use Copying Derivative Work

AI Training and Copyright Infringement: Lessons from the Ross Intelligence Case

The IP Law Blog

NOVEMBER 30, 2023

Ross Intelligence Inc will provide guidance for similar AI training/copyright infringement cases and, as a bonus, it provides a bit of clarity (or muddies the waters… depending on your point of view) in the application of a post-Warhol fair use defense. The first factor assesses whether the use is ‘transformative.'”.

Copyright Infringement

Copyright Infringement Copyright Fair Use Copying

512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. McCandless

Technology & Marketing Law Blog

DECEMBER 5, 2022

Case Citation : Digital Marketing Advisors v. Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. McCandless Group, LLC, 2022 WL 17403067 (C.D.

Marketing

Marketing Marketing Cease and Desist Fair Use

Publishers & Internet Archive Both Seek Piracy Lawsuit Win Without Full Trial

TorrentFreak

JUNE 14, 2022

Internet Archive later called for a peaceful solution , offering to partner with publishers to create a “digital system that works” A month later IA filed its answer to the complaint supported by defenses under fair use and the DMCA’s safe harbor provisions, and later attempted to show that its library did publishers no harm.

Publishing

Publishing Fair Use Copying Editing

Is Generative AI Fair Use of Copyright Works? NYT v. OpenAI

Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. Fair Use Precedent? Google Books and Transformative Use The past two decades have seen a wealth of technological developments, but generative AI is qualitatively different from everything that has come before. But he eventually reversed his own position.

Fair Use

Fair Use Copyright Moral Rights Copyright Law

Who Owes Whom? CCC Webinar Addresses “The Heart of the Matter”

Velocity of Content

MAY 1, 2024

Thus, it can be said that they have made complete and exact copies of everything they have ingested. In all cases, Gervais continued, copy right has balanced the rights of authors to determine the uses of—and be compensated for—their works with the ability of consumers to use works on fair and rea sonable terms.

Fair Use

Fair Use Copying Licensing Copyright

Getty Images Sues Stability AI for Copyright Infringement

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. According to Getty, this is clear copyright infringement. Goldsmith case that is currently before the Supreme Court.

Copyright Infringement

Copyright Infringement Copyright Fair Use Technology

Court Quashes 512(h) Subpoena on First Amendment Grounds–In re 512(h) Subpoena to Twitter

Technology & Marketing Law Blog

JULY 5, 2022

” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ). Finally, there are genuine obstacles to MoneyBags’s participation, given the expense of litigation and the lack of a contrasting economic incentive in this suit. Nature of the use.

Fair Use

Fair Use Plagiarism Copyright Marketing

Another 512(f) Claim Fails–Moonbug v. Babybus

Technology & Marketing Law Blog

MARCH 6, 2022

” With respect to whether Babybus’ baby character infringed Moonbug’s baby, Babybus claimed that the alleged copying related to generic features found in nature. . Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Fair Use

Fair Use Cease and Desist Copying Copyright Infringement

Satirical Depiction in YouTube Video Gets Rough Treatment in Court

Technology & Marketing Law Blog

AUGUST 8, 2021

Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use. The Crony graphic also doesn’t qualify for fair use: Nature of Use. ” Market Effect. ” Amount Taken.

Fair Use

Fair Use Television Cease and Desist Copyright

Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Chen

Technology & Marketing Law Blog

MARCH 15, 2022

The court says the takedown notices are covered by the litigation privilege: “Since the statements at issue here were made to Amazon during the notice and takedown period, they are absolutely privileged. So extending the litigation privilege to DMCA takedown notices seems like an overreach. Defamation. Alper Automotive v.

Copyright

Copyright Cease and Desist Fair Use Litigation

Take-Two Tattoo Trial Begins: What You Need to Know

Copyright Lately

SEPTEMBER 26, 2022

In a first-of-its-kind copyright trial, a jury will decide whether tattoo artist Catherine Alexander can effectively control the use of Randy Orton’s likeness in video games. After over four years of litigation and five COVID-related continuances, it’s finally time for the main event.

Fair Use

Fair Use Licensing Ownership Copying

Google v. Oracle Comes to a Close

BYU Copyright Blog

APRIL 12, 2021

The long-running litigation between Google LLC ("Google") and Oracle America, Inc. The majority held in favor of Google's fair use defense to copyright infringement while Justice Thomas filed a dissenting opinion, joined by Justice Alito. The code copied was the declaring code (the "filing system" or "cabinets and drawers").

Fair Use

Fair Use Copying Copyright Marketing

Accused Pirate Asks Court to Dismiss Lawsuit from Suspended ‘Copyright Troll’

TorrentFreak

SEPTEMBER 30, 2021

Not too long ago Malibu was one of the most active anti-piracy litigants in the U.S., These include misuse of copyright, fair use, unclean hands, and excessive damages. — A copy of John Doe’s first amended answer and counterclaims, filed at a federal court in Texas, is available here (pdf). Fifteen in total.

Copyright

Copyright Settlement Litigation Fair Use

Court Orders Unmasking Subpoena of Alleged Infringers–Baugher v. GoDaddy

Technology & Marketing Law Blog

OCTOBER 26, 2021

In the DMCA, Congress enabled copyright owners to obtain pre-litigation discovery of alleged infringers (17 USC 512(h)). The bloggers countered with fair use. The court doesn’t see it: Nature of use. Market effect. GoDaddy appeared first on Technology & Marketing Law Blog. ” Nature of work.

Privacy

Privacy Fair Use Blogging Copyright

Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps

Technology & Marketing Law Blog

APRIL 29, 2023

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Day to Day Imports * Satirical Depiction in YouTube Video Gets Rough Treatment in Court * 512(f) Preempts Tortious Interference Claim–Copy Me That v. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Fair Use

Fair Use Cease and Desist Copyright Trademark

Instagram Embedding Cases Continue to Vex the Courts–McGucken v. Newsweek

Technology & Marketing Law Blog

APRIL 6, 2022

As the court notes in a footnote, Instagram has changed its policy since the onset of the litigation. Whether Instagram granted Newsweek an implied sublicense : An implied license exists where someone (1) creates content (2) at another’s request and (3) handed it over, intending the other party copy and distribute it. United Sports.

Licensing

Licensing Fair Use Blogging Copyright

Copyright Infringement by Andy Warhol in his Celebrity Silkscreen Series

IPilogue

SEPTEMBER 29, 2021

The legal question at the center of the dispute is whether Warhol’s series is fair use of Goldsmith’s original photograph. A permissible derivative creation, or fair use, requires transformative changes made to the original. On the other hand, Warhol’s great commercial success was the choice of the market.

Copyright Infringement

Copyright Infringement Copyright Art Fair Use

512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Zoox

Technology & Marketing Law Blog

AUGUST 16, 2023

The litigants are an employer and former employee. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Day to Day Imports * Satirical Depiction in YouTube Video Gets Rough Treatment in Court * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Babybus * A 512(f) Plaintiff Wins at Trial!

Ownership

Ownership Cease and Desist Fair Use Copyright

Understanding Copyright, Trademark and Halloween Costumes

Plagiarism Today

OCTOBER 26, 2021

This means, theoretically, that elements such as the Superman “S” can be protected by copyright because they are separate elements that are merely copied onto the clothing. Unique Industries , the 3rd Circuit Court of Appeals ruled that masks broadly fall outside the “useful article” classification and do qualify for copyright protection.

Trademark

Trademark Copyright Cease and Desist Copying

512(f) Doesn’t Restrict Competitive Gaming of Search Results–Source Capital v. Barrett Financial

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Allegedly on behalf of Barrett, an SEO vendor sent DMCA takedown notices to Google, alleging that Source Capital had copied some of Barrett’s copyrighted material. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Fair Use

Fair Use Cease and Desist Copyright Ownership

[Guest post] Horological IP and the customization of watches

The IPKat

MARCH 24, 2024

Horology is however a market steeped in history with its own unwritten rules and customs. It is famously a market where supply and demand is meticulously controlled by the big watchmakers and consciously kept misaligned. It is not enough for you to simply have the money to buy your long sought grail watch from the likes of F.P.

IP

IP Marketing Marketing Reporting

11th Circuit UPHOLDS a 512(f) Plaintiff Win on Appeal–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

AUGUST 18, 2022

400 in damages after 4 years of litigation won’t put a smile on anyone’s face. Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Fair Use

Fair Use Cease and Desist Copyright Blogging

Internet Archive Wants Publishers’ Sales Data to Show Digital Library Doesn’t Hurt Sales

TorrentFreak

AUGUST 14, 2021

. “Without any license or any payment to authors or publishers, IA scans print books, uploads these illegally scanned books to its servers, and distributes verbatim digital copies of the books in whole via public-facing websites.” Internet Archive Responds – Fair Use is Not Piracy.

Publishing

Publishing Fair Use Copyright Infringement Copyright

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

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

Fair Use Derivative Work Blogging Licensing

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. A New 512(f) Plaintiff Win! So what did it win?

Registration

Registration Fair Use Copyright Designs

HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

JIPL Online

MARCH 15, 2021

Then, the post will predict how Netflix may shift its content practices, defense strategies, and settlement tactics as a result of their past litigation successes in copyright actions. 18] Netflix admitted it had access to and copied the memoir. [19] 18] Netflix admitted it had access to and copied the memoir. [19]

Copyright Infringement

Copyright Infringement Copyright Public Domain Derivative Work

Anti-Circumvention Takedowns Aren’t Covered by 512(f)–Yout v. RIAA

Technology & Marketing Law Blog

OCTOBER 4, 2022

Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Alper Automotive v.

Cease and Desist

Cease and Desist Fair Use Copyright Blogging

Think Kiwi Farms Is Legally Unassailable? Copyright Law Might Disagree–Greer v. Moon

Technology & Marketing Law Blog

OCTOBER 17, 2023

“Kiwi Farms users provided a Google Drive link to a full copy of Mr. Greer’s book.” Somebody,” he explained, “created a copy of [his] book and put it in a Google Drive that is accessible on Kiwi Farms.” The court says the defendants waived any fair use defense by briefing it inadequately. Greer] money.”

Copyright Law

Copyright Law Copyright Law Copyright Infringement

Why Creators Need to Pay Close Attention to the SCOTUS Andy Warhol Infringement Case

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.

Fair Use

Fair Use Intellectual Property Copyright Copyright Infringement

You’re a Fool if You Think You Can Win a 512(f) Case–Security Police and Fire Professionals v. Maritas

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. Day to Day Imports * Satirical Depiction in YouTube Video Gets Rough Treatment in Court * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Fair Use

Fair Use Cease and Desist Contracts Ownership

Is Fanfiction Legal?

JIPEL Copyright Blog

APRIL 28, 2021

Despite the barriers to fanfiction that the derivative work doctrine raises, fanfiction writers may find relief from liability through the fair use doctrine. This is due to the fact that most fanfiction remains online as a free resource and is thus not a huge threat to the original authors’ existing markets. Colting , 607 F.3d

Derivative Work

Derivative Work Fair Use Copyright Marketing

Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging

Blogging Copying Social Media Copyright

The stubborn memory of generative AI: overfitting, fair use, and the AI Act

Kluwer Copyright Blog

APRIL 8, 2024

Copy-reliant technologies have banked heavily on that principle over recent years and it wouldn’t be a stretch to say that the principle of non-expressive use has become the legal foundation of how the internet essentially works. Litigation against these models has piled up at the same breakneck speed as they have gained ground.

Fair Use

Fair Use Copyright Copying Technology

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

Blogging

Blogging Copyright Contracts Cease and Desist

Let’s Go Hazy: Making Sense of Fair Use After Warhol

Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. IJR

Trending Sources

WIPIP: In Memoriam and Fair Use

Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use

When is it Fair Use to Use a Photo to “Illustrate” an Article?

Copy and Paste – Supreme Court Holds Copying Software Function Calls Was Fair Use

5th Cir affirms fair use on a motion to dismiss, fee award to D

Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

Some Thoughts on Five Pending AI Litigations – Avoiding Squirrels and Other AI Distractions

AI Training and Copyright Infringement: Lessons from the Ross Intelligence Case

512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. McCandless

Publishers & Internet Archive Both Seek Piracy Lawsuit Win Without Full Trial

Is Generative AI Fair Use of Copyright Works? NYT v. OpenAI

Who Owes Whom? CCC Webinar Addresses “The Heart of the Matter”

Getty Images Sues Stability AI for Copyright Infringement

Court Quashes 512(h) Subpoena on First Amendment Grounds–In re 512(h) Subpoena to Twitter

Another 512(f) Claim Fails–Moonbug v. Babybus

Satirical Depiction in YouTube Video Gets Rough Treatment in Court

Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Chen

Take-Two Tattoo Trial Begins: What You Need to Know

Google v. Oracle Comes to a Close

Accused Pirate Asks Court to Dismiss Lawsuit from Suspended ‘Copyright Troll’

Court Orders Unmasking Subpoena of Alleged Infringers–Baugher v. GoDaddy

Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps

Instagram Embedding Cases Continue to Vex the Courts–McGucken v. Newsweek

Copyright Infringement by Andy Warhol in his Celebrity Silkscreen Series

512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Zoox

Understanding Copyright, Trademark and Halloween Costumes

512(f) Doesn’t Restrict Competitive Gaming of Search Results–Source Capital v. Barrett Financial

[Guest post] Horological IP and the customization of watches

11th Circuit UPHOLDS a 512(f) Plaintiff Win on Appeal–Alper Automotive v. Day to Day Imports

Internet Archive Wants Publishers’ Sales Data to Show Digital Library Doesn’t Hurt Sales

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

Anti-Circumvention Takedowns Aren’t Covered by 512(f)–Yout v. RIAA

Think Kiwi Farms Is Legally Unassailable? Copyright Law Might Disagree–Greer v. Moon

Why Creators Need to Pay Close Attention to the SCOTUS Andy Warhol Infringement Case

You’re a Fool if You Think You Can Win a 512(f) Case–Security Police and Fire Professionals v. Maritas

Is Fanfiction Legal?

Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

The stubborn memory of generative AI: overfitting, fair use, and the AI Act

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

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