Biswajit Sarkar Copyright Blog

JULY 19, 2022

What is copyright infringement? Unauthorized use of a work protected by copyright is referred to as copyright infringement. In this blog we will take a look at best practices to avoid copyright infringement. In this blog we will take a look at best practices to avoid copyright infringement.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

LexBlog IP

AUGUST 2, 2021

Multimedia System Design d/b/a “Crowdsource the Truth, 20-cv-7269 (VEC), SDNY July 20, 2021. Plaintiff, owner of trademark and copyright in the EMMY statuette, sues for TM infringement and dilution, and copyright infringement. National Academy of TV Arts and Sciences v.

Fair Use 52

Fair Use Copyright Infringement Trademark Copyright 52

The IP Law Blog

APRIL 8, 2021

Finding Google’s copying a fair use, the Supreme Court ended Oracle’s decade-long attempt to recover copyright damages. The battle began between these tech giants when Google designed its Android software platform for mobile devices, such as smartphones. Weighing the fair-use factors, the Court found in Google’s favor.

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Fair Use Copyright Copying Designs 52

Plagiarism Today

OCTOBER 13, 2022

However, after Prince died in 2016, it was revealed that Warhol actually made an additional 14 prints using the photograph. Lynn sued allegiging that those prints were a copyright infringement. The Appeals Court ruled against the Warhol estate finding that the images in question were not a fair use.

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Cease and Desist Copyright Infringement Licensing Fair Use 188

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!

Fair Use 52

Fair Use Art Licensing Derivative Work 52

Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

Copyright 78

Copyright Fair Use Social Media Artwork 78

Velocity of Content

OCTOBER 19, 2023

The 1976 Act was the first major revision of US copyright law since the 1909 Act , which was passed during the era of Mark Twain, ragtime, player pianos, and early silent films. Harper & Row brought suit and The Nation argued that publishing the excerpts was a fair use.

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Copyright Fair Use Copyright Law Copyright Notice 116

Plagiarism Today

SEPTEMBER 2, 2022

But, while the facts of the case may not be particularly interesting, this has the potential to be one of the most important copyright cases in some time, in particular one of the most important for the CCB. The case is important for one simple reason: It easily could have been a “normal” copyright infringement case.

Copyright 249

Copyright Cease and Desist Copyright Infringement Fair Use 249

Technology & Marketing Law Blog

OCTOBER 25, 2023

Instead, she gets a 12(b)(6) dismissal based on fair use. Purpose and Character of Use. ” The court doesn’t address the potential licensing market for the tattoo design. The court never addresses who owned the photograph’s copyright, but they might have had a better claim than the tattoo artist).

Blogging 84

Blogging Copyright Fair Use Copyright Infringement 84

TorrentFreak

DECEMBER 22, 2023

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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Copyright Fair Use Publishing Marketing 120

Nelligan Law

FEBRUARY 20, 2024

Today, tattoos serve as deeply intimate expressions of identity and selfhood, with each design narrating a unique tale and mirroring the innermost musings, sentiments, and escapades of the wearer. In the realm of tattoo artistry, the tango between creativity and copyright law is a delicate affair, riddled with complexities and nuances.

Copyright 79

Copyright Fair Use Copyright Law Settlement 79

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. However, the U.S.

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Fair Use Copyright Moral Rights Copyright Law 136

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. Final Call, Inc.,

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Fair Use Copying Licensing Copyright 112

Technology & Marketing Law Blog

OCTOBER 6, 2022

Last week, an Illinois jury awarded tattoo artist Catherine Alexander $3,750 in damages at the conclusion of a copyright infringement trial. 2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. Eric’s Prior Tattoo Copyright Blog Posts.

Blogging 135

Blogging Fair Use Copyright Infringement Copyright 135

Technology & Marketing Law Blog

AUGUST 8, 2021

The Television Academies sued Goodman for copyright infringement, trademark infringement and dilution, and defamation. 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.

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Fair Use Television Cease and Desist Copyright 131

Copyright Lately

AUGUST 22, 2021

Recent decisions suggest courts are losing patience with those who bring dubious copyright infringement claims as part of their business models. Back in May, I wrote about an overzealous copyright infringement lawsuit filed by Rachel Dolezal , the woman best known for mispresenting her racial background.

Copyright 89

Copyright Fair Use Settlement Designs 89

Copyright Lately

SEPTEMBER 26, 2022

That order actually topped my list of the 5 Worst Copyright Decisions of 2020 because, by sending the case to a jury, the court effectively ruled that anyone with a tattoo is not in control of the uses to which his or her likeness is put. A plaintiff typically has the burden at trial to prove ownership of a valid copyright.

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Fair Use Licensing Ownership Copying 86

Plagiarism Today

OCTOBER 19, 2022

Next up today, the Associated Press reports that an artist has filed a lawsuit against Cardi B over the cover of one of her mixtapes that featured a back tattoo that he both designed and is wearing. As such, he has filed a copyright infringement lawsuit against the musician and the artist who created the cover, Timm Gooden.

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Copyright Notice Music Reporting Copyright 169

Copyright Lately

SEPTEMBER 12, 2022

While these sorts of objects typically aren’t themselves eligible for copyright protection, they often contain pictures or designs which are protectable. Section 113(c) would also allow me to use my photos in a blog post talking about how I flipped the t-shirts for a profit because Alyssa priced them too low. Deadly Doll, Inc.

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

Plagiarism Today

OCTOBER 25, 2021

The lawsuit was filed by Jocelyn Susan Bundy, who claims that her grandfather created the design based on Dante’s Inferno. A similar work to that piece was used on the Nirvana Vestibule shirt, also based on Dante’s Inferno. That prompted the lawsuit for copyright infringement.

Music 192

Music Publishing Fair Use Journalism 192

Velocity of Content

JANUARY 25, 2024

Is offshoring the training of AI a credible and efficient response to minimize copyright compliance risks or is offshoring merely a theoretical argument designed to both influence lawmakers and for government relations purposes?” Artificial Intelligence (AI) is global, and copyright laws are national.

Copyright 98

Copyright Copyright Law Copyright Infringement Government 98

LexBlog IP

SEPTEMBER 28, 2023

Yesterday, Plaintiffs hit back, noting that OpenAI hasn’t moved to dismiss the “core claim” in the lawsuits—direct infringement. Yesterday, Plaintiffs hit back, noting that OpenAI hasn’t moved to dismiss the “core claim” in the lawsuits—direct infringement.

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Fair Use Derivative Work Copying Copyright Infringement 52

Technology & Marketing Law Blog

MARCH 6, 2022

Babybus runs a competitive channel that Moonbug believes infringes its copyrights. An example: Moonbug submitted takedown notices to YouTube covering at least 70 videos and sued Babybus for copyright infringement. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Fair Use 98

Fair Use Cease and Desist Copying Copyright Infringement 98

Kluwer Copyright Blog

OCTOBER 3, 2023

The Common Crawl dataset is owned by a non-profit, which makes the data available to the public for free — but it is intended to be used for research and education and, according to the plaintiffs, it was never intended to be turned into an AI product for commercial use (see here and here ). 4th 1149 (9th Cir. 3d 723, 743 (9th Cir.

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Fair Use Privacy Copyright Technology 135

TorrentFreak

JANUARY 2, 2022

Copyright infringement disputes come in many shapes and sizes. What is rare, however, is for a copyright infringement dispute to have an air of sadness, especially when that affects both sides, albeit in different ways. Mark believes his work is allowed under fair use but that didn’t seem important to Toei.

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Social Media Fair Use Copyright Infringement Copyright 134

IPilogue

APRIL 12, 2022

While useful, they raise concerns of potential copyright infringement. Autoai Design Co., They claimed that his videos infringed by using their movie clips without permission. If a video condenses the film into short clips summarizing the plot, would you choose to watch the video instead?

Intellectual Property Law 119

Intellectual Property Law Television Copyright Infringement Fair Use 119

Technology & Marketing Law Blog

MAY 17, 2024

While this conflict might seem minor (X’s users, after all, are not in the business of granting scraping licenses), the next one was not: Fair use. Judge Alsup suggested that X’s ToS conflict with copyright law by prohibiting scraping irrespective of whether it qualifies as fair use.

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Blogging Contracts Fair Use Copyright Law 127

Plagiarism Today

AUGUST 17, 2021

First off today, Blake Brittain at Reuters reports that the 8th Circuit Court of Appeals has reinstated a copyright infringement lawsuit against the realtors Columbia House of Brokers Realty over the alleged infringement of floor plans. 2: Eurovision Singer James Newman Wins Copyright Case over Rudimental Hit.

Reporting 130

Reporting Fair Use Plagiarism Licensing 130

Kluwer Copyright Blog

DECEMBER 17, 2023

The calls for revisiting copyright in the wake of generative AI – with proposals to create new exceptions or design remuneration models for authors – further fortify this “faith,” I believe. The overreliance on fair dealing, I argue, inadvertently expands the scope of copyright law and harms the public domain.

Fair Use 59

Fair Use Public Domain Copyright Litigation 59

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office.

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Registration Fair Use Copyright Designs 113

Technology & Marketing Law Blog

OCTOBER 4, 2022

But if they want to be double-sure, send a takedown notice on any grounds other than copyright infringement and voila! Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. You know how this claim went. 512(f) disappears entirely.

Cease and Desist 86

Cease and Desist Fair Use Copyright Blogging 86

43(B)log

MAY 19, 2023

Roblox sued for copyright infringement, false advertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and false advertising and unfair competition under California law.

Copying 94

Copying False Advertising Social Media Advertising 94

IPilogue

OCTOBER 28, 2021

In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. In Pyrrha Design Inc.

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Intellectual Property Designs Design Copyright 116

Technology & Marketing Law Blog

JANUARY 3, 2023

” However, Wallshoppe does not allege Defendant knew of the specific acts of infringement at issue here—Sienna Lewis selling products featuring the Palm Design on Defendant’s website. Jury awards nearly $50M in damages against Internet access provider for user-caused copyright infringement. Buzzfeed, Inc.

Copyright 94

Copyright Social Media Copyright Infringement Publishing 94

Patently-O

AUGUST 31, 2021

There apparently is no claim of copying of any lines of software, but instead it is copying of the functionality and use of the particular coding language. My understanding is that WPL designed its software so that its software would execute the same input-procedure used on SAS and produce an equivalent output. 1821 (2013).

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

Kluwer Copyright Blog

FEBRUARY 2, 2023

These include (and may be limited to) Hong Kong ( section 11(3), Copyright Ordinance ), India (section 2(d)(vi), Copyright Act, 1957 ), Ireland ( Art. Text and data mining There is wide disparity in the scope of exceptions in national copyright laws permitting copying for the use of training AI.

Copyright 145

Copyright Art Fair Use Registration 145

IP and Legal Filings

SEPTEMBER 29, 2021

Initially, the District Court adjudicated that Napster’s file-sharing service did not fall under the ambit of fair use. Direct and contributory infringement. To this, Napster contended that they could not differentiate between infringing and non-infringing files and, hence, did not know what constitutes copyright infringement.

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Fair Use Music Copying Copyright 52