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.

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IP Watchdog

AUGUST 22, 2021

After a decade of litigation across two continents and an unpaid multi-million-dollar judgment, the parties are once again in court. This time, however, WPL’s arguments pose grave dangers to all owners of other copyrighted works. WPL did not try to compete with SAS by building a different or better product.

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Velocity of Content

MAY 1, 2024

29 town hall, The Heart of the Matter: Copyright, AI Training and LLMs, presented a comprehensive case that AI systems do infringe copyrights and called for a licensing system to compensate content owners. Thus, it can be said that they have made complete and exact copies of everything they have ingested.

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Plagiarism Today

APRIL 25, 2022

According to the lawsuit, the musicians and their songwriters copied elements from the earlier track, including the chorus, verse and hook from the song. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License. 2: MPA Wins Piracy Battle, US Court Orders PrimeWire to Shut Down.

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Plagiarism Today

OCTOBER 4, 2022

However, the important thing to know is that there was no doubt that Take-Two did copy the tattoos in question and there was no question of Alexander’s ownership of them. Alexander had sought $2 for every copy of WWE 2K sold, an amount that would have equaled roughly $20 million. That board has a maximum total damages of $30,000.

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Copyright Fair Use Licensing Copyright Infringement 202

Plagiarism Today

FEBRUARY 14, 2022

His group specialized in modifying Nintendo game consoles and selling pirated copies of Nintendo games to customers. That owner, Tofig Kurbanov, is a Russian national that attempted to litigate the case early on but, when told to hand over server logs as evidence, went silent.

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SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

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IP Watchdog

OCTOBER 20, 2023

These outputs also copy the publishers’ lyrics because Claude is trained on the infringing works and does not license the copyrights to those works, like other music lyric aggregators, said the publishers.

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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.

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Plagiarism Today

OCTOBER 26, 2021

If the costume isn’t licensed, why is it not infringing regardless of the name change? 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. This isn’t to say there’s been no litigation in this area.

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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. Let’s dive in!

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Patently-O

MARCH 31, 2024

Role of Jury Instructions and Objective Indicia In American civil litigation, jury instructions are the set of legal rules and guidelines provided to the jury by the trial judge before the jury begins deliberations. Lacerta Group, LLC , No. 2022-1954 (Fed. Lacerta Group, Inc., 2021) (summary judgment).

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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. Goldsmith et al, Case No. Unbeknownst to Ms.

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Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. Philpot claims his standard photo licensing fee is $3,500, but reuses of the photo from Wikipedia Commons didn’t require any payment (just attribution). Nature of the Work. Amount Taken.

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The IP Law Blog

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. Take Two had good reason to believe in its implied license defense.

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BYU Copyright Blog

SEPTEMBER 13, 2021

As recompense, the complaint asks the court to declare that Wasatch Academy's "unauthorized conduct" violated the photographer's rights under the Federal Copyright Act, and enjoin Wasatch Academy and its affiliates from copying or republishing the photograph or otherwise infringing further on the photographer's copyrights.

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Plagiarism Today

AUGUST 17, 2021

The lawsuit was brought James’ Designworks, an aggressive litigant that has brought many similar lawsuits over alleged infringement of its floor plans and home designs. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

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Technology & Marketing Law Blog

APRIL 6, 2022

The “Platform Policy” appears to grant a broad license to users of the API. As the court notes in a footnote, Instagram has changed its policy since the onset of the litigation. The current terms make clear that platform API users are not automatically granted a license and must independently secure rights in any content they embed.

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The IP Law Blog

SEPTEMBER 30, 2022

Making a copy of a video or audio recording. Save the written permission, whether it is an email, letter, license, or other form. Do not copy things from the internet or anywhere else for your own use. Read any license for a work carefully to ensure that the work can be used commercially.

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Copyright Infringement Copyright Social Media Fair Use 122

IP Tech Blog

FEBRUARY 15, 2023

licensing, assignment, JVs, cooperation and co-development etc.) If a secret is stolen, or the ownership or its proper apportionment are disputed, or if a third party is trying to copy software containing AI algorithms, the right holders must not shy away from taking proper enforcement measures. But rights holders must be prepared.

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IP and Legal Filings

JANUARY 8, 2023

modification, and other forms of copying of the work fall under this category. Contingent liabilities, or funds saved in case of a potential litigation, may result from infringement instances. Through a licensing agreement, they can give consent for other parties to utilize their creations. Image Sources : Shutterstock].

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The IPKat

DECEMBER 26, 2023

As readers may be aware, Articles 18-22 of the Directive (EU) 2019/790 (DSM Directive) [IPKat coverage here ] establish protective measures for authors and performers that license or transfer the exclusive economic rights over their works and performances to third parties for the purpose of exploitation.

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Copyright Lately

SEPTEMBER 26, 2022

After over four years of litigation and five COVID-related continuances, it’s finally time for the main event. As the parties wait in their respective corners for the opening bell to ring, here’s what you need to know: Alexander Has Already Established Ownership and Copying. Implied License and Fair Use Are the Key Remaining Defenses.

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TorrentFreak

JANUARY 6, 2023

Despite YouTube’s findings that at least one member of the putative class acted fraudulently (Pirate Monitor) to fabricate ‘evidence’ of YouTube’s alleged shortcomings in support of the lawsuit, litigation continued. YouTube’s Licensing Defense. It has not,” Judge Donato writes.

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Patently-O

APRIL 3, 2022

Although Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. As part of that process, VF obtained a license from Goldsmith, but only for the limited use “as an artist’s reference in connection with an article to be published in Vanity Fair Magazine.” by Dennis Crouch. Andy Warhol Foundation v.

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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. Goldsmith et al, Case No. ” Unbeknownst to Ms.

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IPilogue

AUGUST 26, 2022

Epidemic Sound solves this problem by offering music licenses to creators who publish on platforms like Facebook, Instagram, Twitch, TikTok and YouTube. For a $15 USD per-month subscription, users receive a license to use material from a catalogue of 125,000 sounds and songs.

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The IP Law Blog

MARCH 16, 2023

Pfizer/BioNTech also alleges counterclaims for a declaratory judgment that Pfizer/BioNTech had an implied license to practice Moderna’s patents and that Moderna’s patents were unenforceable against Pfizer/BioNTech because Moderna had waived its rights to assert infringement and had acquiesced in Pfizer/BioNTech’s use of the patents.

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TorrentFreak

JUNE 14, 2022

Two Years of Litigation, Both Parties Request Summary Judgment. Koeltl at the District Court for the Southern District of New York, the plaintiffs say that as leading publishers of tens of thousands of books, they already issue licensed ebook editions to libraries. In a June 10 letter to Judge John G.

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SpicyIP

JANUARY 1, 2024

Other Posts Microsoft Technology Licensing LLC V. The Court found that while some themes in the film were similar to those in the script, such themes or ideas cannot be protected by copyright and that the standard of ‘substantial copying’ had not been established in the present case.

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Copyright Lately

JANUARY 13, 2023

King was a copyright litigant. Shortly after his “I Have a Dream” speech was delivered in August 1963, King moved for a preliminary injunction preventing record companies from selling copies of the speech. The same issue was litigated more than 30 years later. Martin Luther King, Jr. Mister Maestro.

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The IP Law Blog

AUGUST 4, 2022

Embedding” means the process of copying unique HTML code assigned to the location of a digital copy of the photo or video published to the Internet, and the insertion of that code into a target webpage or social media post so that photo or video is linked for display within the target post. Alexis Hunley et al v. Amazon.com, Inc.

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LexBlog IP

NOVEMBER 17, 2023

They allege that Anthropic copies Plaintiffs’ copyrighted song lyrics and its AI chatbot, Claude, then generates those lyrics in response to user prompts—all without a license. See Concord Music Group, Inc. Anthropic PBC , M.D. Tenn, 3:22-cv-01092, ECF No. 1 at ¶ 1. ” Id. at ¶ 10. .” ” Id.

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Copyright Lately

MAY 22, 2023

In a 7-2 decision , the Court ruled that the commercial licensing of Andy Warhol’s “Orange Prince” to Condé Nast to illustrate a story about the late musician shared “substantially the same purpose” as the original Lynn Goldsmith photo from which Warhol’s silkscreen was derived, and therefore weighed against fair use. Goldsmith.

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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. Getty Images generates revenue by licensing the right to use its assets to businesses and consumers.

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IPilogue

OCTOBER 18, 2022

After a test copy of New Genesis was leaked online, WOTC took issue with development company TSR LLC’s use of their IP rights in the game. The context surrounding the litigation shows that protecting business interests is not trademark law’s sole function. . We will be following the outcome of this dispute as litigation continues.

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43(B)log

MARCH 1, 2022

Bell allegedly offers licenses for its use. Amount/substantiality: Accepting his allegation that the passage was the heart of the work, the court saw no need to separately address his argument that the separate registration meant that the school district copied the “whole” work. NXIVM Corp. Ross Institute, 364 F.3d 3d 471 (2d Cir.

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