The IP Law Blog

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Many find it surprising, but there is no requirement to include a copyright notice on a work for the work to be protected by copyright law.

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TorrentFreak

JUNE 22, 2022

Soon after and in mysterious circumstances, copyright law entered the equation. On October 29, 2020, a business entity called Bayside Advisory LLC contacted Twitter stating that since it owns the copyrights in the six photos, they should be taken down under the DMCA. DMCA Takedowns Followed by DMCA Subpoena.

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JD Supra Law

MAY 19, 2023

On May 18, 2023, the US Supreme Court, in a much-anticipated decision, held that portraits of the musician Prince by Andy Warhol do not constitute fair use under copyright law. The 7 – 2 decision in Andy Warhol Foundation for Visual Arts, Inc.

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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. According to Getty, this is clear copyright infringement.

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Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. Percentage of Original Material Used.

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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. These are the basic facts underlying this lawsuit.

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TorrentFreak

MARCH 19, 2022

After reviewing McFree’s videos, last month a New York judge denied the Watch Tower application declaring that McFree’s use of Watch Tower clips was permitted under fair use. However, Watch Tower is still pursuing a parallel copyright infringement lawsuit against McFree in another court.

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LexBlog IP

MAY 24, 2023

Warhol’s use of Prince’s photo (taken by Lynn Goldsmith) was not entitled to fair use. The Court found that Goldsmith’s earlier photo and Andy Warhol’s use served the same commercial purpose – as a magazine illustration. I am not so sure. Take a look a the illustration above.

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TorrentFreak

NOVEMBER 16, 2021

The company demanded damages under copyright law claiming that the team “willfully and maliciously” copied, adapted and distributed its source code and other content without permission. Affirmative Defense – Fair Use. The doctrine of fair use bars the relief sought by Plaintiff,” the response adds.

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Likelihood of Confusion

FEBRUARY 27, 2022

The post More fair use follies — copyright infringement by court filing? Evan Brown reports (links added): The parties in the matter of Shell v. Devries, a case from the U.S. District Court for the District of Colorado, are no strangers to. appeared first on LIKELIHOOD OF CONFUSION™.

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Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

Thus, the question arises if such use attracts copyright infringement. If the photo taken without any prior consent is edited and used for a commercial benefit, then it might attract copyright infringement. There are certain exceptions to copyright infringement that can be used as a shield in such cases.

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Larson & Larson

JUNE 21, 2021

Copyright law provides a safeguard against copyright infringement. That being said, here is a brief elucidation of all you need to know about copyright and copyright infringement. That being said, here is a brief elucidation of all you need to know about copyright and copyright infringement.

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IP and Legal Filings

JUNE 12, 2023

Since copying was for the purpose of criticism, it amounted to fair dealing and did not constitute infringement of the copyright. Hindustan Coco-Cola claimed the defence of parody, however, the Court restraining Hindustan Coco cola to use such sentence held that such commercial was a colourable imitation of Pepsi Co.’s

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IP Law 360

MARCH 20, 2024

The works of sculptors, like those of other artists, are protected by the fair use doctrine in U.S. copyright law, while photographers also have copyright protection for their work when others try to use it for their own profit.

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LexBlog IP

MAY 22, 2023

The Supreme Court ruled on May 18 that Andy Warhol’s “Orange Prince” work of pop art was not a fair use when licensed to Condé Nast in 2016. Although this landmark copyright decision is hot off the presses, the facts date back to 1981 when the underlying photograph was first shot. § 107 ).

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IPilogue

NOVEMBER 11, 2021

This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very first international speaker from outside the United States. That anyone’s use of a copyright-protected work infringes the copyright owner’s property.

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JD Supra Law

JULY 5, 2023

In a case that pitted Andy Warhol’s legacy foundation against rock portraitist Lynn Goldsmith, Supreme Court Justices Sonya Sotomayor and Elena Kagan split on an issue central to the ideals of copyright law: how the law should encourage artists to produce original work. By: Katten Muchin Rosenman LLP

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

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JD Supra Law

JULY 21, 2022

The US Court of Appeals for the Ninth Circuit analyzed the fair use doctrine of US copyright law in a dispute for recognition of a 2001 French judgment relating to a finding of copyright infringement of certain photographic works featuring the art of Pablo Picasso.

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TorrentFreak

OCTOBER 7, 2021

Triller initially alleged two types of copyright infringement, violations of the Federal Communications Act (FCA), conversion, and violations of the Computer Fraud and Abuse Act. According to Triller, the “stolen” clip used in the H3 episode contained a piece of information that undermines the defendants’ case.

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Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. Hence, licensed broadcasting of copyrighted music does not give rise to copyright infringement. In the case of Super Cassettes Industries Pvt.

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IPilogue

JULY 18, 2022

Last year, Andy Warhol lost an infamous copyright infringement lawsuit against photographer Lynn Goldsmith regarding an image of the pop singer Prince. Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use.

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LexBlog IP

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Many find it surprising, but there is no requirement to include a copyright notice on a work for the work to be protected by copyright law.

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Copyright Infringement Copyright Social Media Fair Use 52

Olartemoure Blog

JANUARY 27, 2023

Getty Images also argues that the conduct does not fall within the scope of what is called fair use in the US, or fair dealing in the UK. La entrada Copyright infringement se publicó primero en OlarteMoure | Intellectual Property.

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Technology & Marketing Law Blog

OCTOBER 17, 2023

But if you really want Kiwi Farms gone, have you considered using copyright law for its censorial power? Greer sued Moon and Kiwi Farms for contributory copyright infringement and other claims. Direct Infringement. The court says the defendants waived any fair use defense by briefing it inadequately.

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

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Biswajit Sarkar Copyright Blog

JUNE 21, 2023

However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. Hence, licensed broadcasting of copyrighted music does not give rise to copyright infringement. In the case of Super Cassettes Industries Pvt.

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IPilogue

OCTOBER 26, 2021

copyright law. It is arguably, as Stanford law professor Mark Lemley coined it, “ the copyright case of the century. ” . It is composed of two phases centering on two legal issues that were trialed separately—the copyrightability of APIs and the fair use doctrine. Oracle appealed successfully.

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Copyright Lately

OCTOBER 24, 2022

.” I was barely out of law school when a senior partner muttered those words as he handed me a scathing demand letter sent to one of the firm’s commercial director clients. This was the late ’90s, and the entertainment industry was still reeling from a well-publicized copyright infringement lawsuit involving the movie 12 Monkeys.

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Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Although privacy invasion has been the main topic of discussion in this virtual context, there is another issue at hand: copyright infringement. The rights of speakers, organisers, and participants under Indian copyright law will be discussed in this Article, which will explore copyright concerns connected to webinars.

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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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LexBlog IP

SEPTEMBER 21, 2023

Meta Platforms (parent company of Facebook) and OpenAI (creator of ChatGPT) have individually filed a Motion to Dismiss the class-action lawsuit filed by comedian Sarah Silverman and authors Richard Kadrey and Christopher Golden for alleged copyright infringement.

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Copyright Lately

JANUARY 23, 2024

A federal jury is set to decide whether celebrity tattoo artist Kat Von D infringed photographer Jeff Sedlik’s copyright in a Miles Davis portrait by tattooing the image onto her client’s body. A first-of-its-kind copyright infringement trial is scheduled to begin today in Los Angeles.

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TorrentFreak

MARCH 25, 2024

Publishers Hachette, HarperCollins, John Wiley, and Penguin Random House filed a lawsuit, equating IA’s controlled digital lending (CDL) operation to copyright infringement. Earlier this year a New York federal court concluded that the library is indeed liable for copyright infringement.

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The IP Law Blog

APRIL 7, 2022

The Supreme Court granted a petition for writ of certiorari filed by the Andy Warhol Foundation for the Visual Arts that arises from a copyright infringement action filed by photographer Lynn Goldsmith, who took the photos of Prince that were subsequently the subject of Warhol’s allegedly infringing works.

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Larson & Larson

JUNE 21, 2021

Without a shred of doubt, copyright law envisages the protection of the copyright holder’s rights. The most common limitation where the exclusive rights of a copyright holder can be limited fall under the doctrine of fair use- a defense against copyright infringement. What is Fair Use?

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LexBlog IP

NOVEMBER 17, 2023

Plaintiffs state that AI technology is no differently situated than the traditional printing press or copy machine, and must adhere to these foundational principles of copyright law. The ruling focused on one question: whether the first factor in a fair use analysis, the purpose and character of the use, barred Goldsmith’s claim.

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