Plagiarism Today

SEPTEMBER 15, 2021

Yesterday, news broke that Pearson Education, the largest publisher of textbooks in the world, has filed a lawsuit against the website Chegg alleging widespread copyright infringement of its content on the site. As a result, Pearson is suing Chegg alleging copyright infringement. The post Understanding the Pearson v.

Copyright Infringement 231

Copyright Infringement Copyright Derivative Work Fair Use 231

Indiana Intellectual Property Law

JUNE 1, 2023

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use. Continue reading

Fair Use 97

Fair Use Derivative Work Artwork Copyright Infringement 97

IP Watchdog

AUGUST 9, 2022

that reversed a Central District of California’s sua sponte grant of summary judgment to Pub Ocean on McGucken’s copyright infringement claims. The case involved Pub Ocean’s unauthorized use of photos of a lake that formed in Death Valley, California, in March 2019. Pub Ocean Ltd.

Fair Use 119

Fair Use Copyright Infringement Copyright Litigation 119

TorrentFreak

JUNE 22, 2022

The company also expressed concern that via the DMCA subpoena, copyright law was being used to suppress criticism or rumors of extramarital affairs. Furthermore, Twitter said that Bayside was in no position to claim copyright infringement to obtain the details of the alleged infringer (MrMoneyBags).

Fair Use 128

Fair Use Copyright Infringement Copyright Copyright Law 128

JD Supra Law

JUNE 13, 2023

Supreme Court issued its first decision this century on copyright fair use in the artistic context. The 7-2 decision, authored by Justice Sonia Sotomayor, has the potential to significantly limit the amount of borrowing from and building upon copyrighted works permitted in the commercial space. On May 18, 2023, the U.S.

Fair Use 55

Fair Use Copyright Infringement Copyright Art 55

JD Supra Law

APRIL 5, 2024

Does an artificial intelligence (“AI”) company have the right to use copyrighted content to train its AI model? That question is being reviewed where two giants have squared off in a case where the New York Times sued OpenAI and Microsoft, the companies behind ChatGPT, for copyright infringement in federal court in New York City.

Fair Use 73

Fair Use Copyright Infringement Copyright 73

Copyright Lately

AUGUST 14, 2023

Goldsmith on a first-of-its-kind copyright infringement lawsuit involving celebrity tattoo artist Katherine Von Drachenberg (aka Kat Von D). Fischer denied both parties’ motions for summary judgment, finding triable issues of substantial similarity and fair use. Fifteen minutes of fame, meet permanent ink.

Fair Use 87

Fair Use Social Media Licensing Marketing 87

The IP Law Blog

SEPTEMBER 30, 2022

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. The lack of a copyright notice does not give you permission to use the work. Copyright infringement occurs when a person or company uses another’s copyrighted work without permission.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

Copyright Alliance

AUGUST 29, 2023

In the previous iteration of this blog (Part 1), we presented several movie copyright cases addressing the issues of copyright infringement and copyrightability.

Fair Use 80

Fair Use Copyright Copyright Infringement Blogging 80

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.

Copyright Infringement 123

Copyright Infringement Copyright Fair Use Copying 123

IP Watchdog

NOVEMBER 17, 2021

“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. Supreme Court ruled on a landmark fair use case involving the “copying” of an Application Programming Interface (API).

Fair Use 116

Fair Use Copying Copyright Infringement Technology 116

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.

Fair Use 132

Fair Use Copyright Infringement Litigation Copyright 132

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.

Copyright Infringement 104

Copyright Infringement Copyright Fair Use Technology 104

JD Supra Law

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. By: Weintraub Tobin

Copyright Infringement 79

Copyright Infringement Copyright Fair Use 79

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™.

Fair Use 40

Fair Use Copyright Infringement Copyright Reporting 40

TorrentFreak

FEBRUARY 20, 2022

Depending on opinion, the Watch Tower Bible and Tract Society, the supervising body and publisher for the Jehovah’s Witness religious group, either doesn’t like criticism, dislikes copyright infringement, or hates both. ” Fair Use Considerations. Overall then, the first factor weighs in favor of fair use.

Fair Use 107

Fair Use Copyright Infringement Copyright Publishing 107

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.

Fair Use 55

Fair Use Copyright Infringement Copyright Law Art 55

Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v.

Fair Use 103

Fair Use Copyright Law Copyright Law 103

Above the Fold

MAY 22, 2023

This high-profile case hinged on whether Warhol’s images of Prince meaningfully transformed Goldsmith’s original black and white photo so as to create a new work of art protected by the fair use doctrine. SCOTUS held that Warhol’s images did not constitute fair use.

Fair Use 52

Fair Use Copyright Infringement Art Music 52

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.

Fair Use 52

Fair Use Artwork Intellectual Property Copyright Law 52

TorrentFreak

AUGUST 20, 2022

In a copyright infringement complaint filed at a California district court this week, Zuffa LLC (d/b/a UFC) names Canadian company 2107697 Alberta Ltd (d/b/a Score G Productions), Canadian Adam Scorgie, Electric Panda Entertainment, and Does 1 through 10 as defendants. UFC is Not Suing Bisping Himself.

Fair Use 106

Fair Use Copyright Licensing Intellectual Property 106

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.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 52

TorrentFreak

NOVEMBER 16, 2021

Broadly, however, they insist that they did not commit any type of copyright infringement, something they expand upon in a shortlist of affirmative defenses, i.e Affirmative Defense – Fair Use. The doctrine of fair use bars the relief sought by Plaintiff,” the response adds.

Fair Use 145

Fair Use Copying Copyright Copyright Law 145

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

Kluwer Copyright Blog

MAY 9, 2022

Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message. have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement.

Fair Use 128

Fair Use Derivative Work Art Licensing 128

LexBlog IP

MAY 22, 2023

This high-profile case hinged on whether Warhol’s images of Prince meaningfully transformed Goldsmith’s original black and white photo so as to create a new work of art protected by the fair use doctrine. SCOTUS held that Warhol’s images did not constitute fair use.

Fair Use 52

Fair Use Art Copyright Infringement Music 52

JD Supra Law

SEPTEMBER 18, 2023

holding that non-commercial use of standards incorporated by reference into law is fair use and not copyright infringement. On September 12, 2023, the Court of Appeals for the District of Columbia issued its opinion in American Society for Testing and Materials (ASTM) v. Public.Resource.Org, Inc.,

Fair Use 62

Fair Use Law Copyright Infringement Copyright 62

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 ).

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52

JD Supra Law

MAY 22, 2023

Years later, Goldsmith granted a limited one-time use license for Vanity Fair to use one of her photos of Prince as an “artistic reference for an illustration.” In 1981, Lynn Goldsmith was commissioned by Newsweek to photograph Prince. The illustration was Andy Warhol’s portrait of Prince known as “Purple Prince.”

Fair Use 52

Fair Use Copyright Infringement Artwork Copyright 52

JD Supra Law

OCTOBER 7, 2022

On Wednesday, October 12, 2022, at 10 a.m. EDT, the Supreme Court of the United States will hear oral arguments in The Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith, No. Milliken, a director in Sterne Kessler’s Trial & Appellate Practice Group, will be live-tweeting updates from the firm’s account, @sternekessler.

Fair Use 98

Fair Use Copyright Infringement Copyright Art 98

JD Supra Law

JUNE 6, 2023

The fair use defense to copyright infringement has been remastered by the Supreme Court—at least the first factor. The Supreme Court’s recent decision in Andy Warhol Foundation v. By: Benesch

Fair Use 55

Fair Use Copyright Copying Copyright Infringement 55

IP Law 360

SEPTEMBER 14, 2023

An author's short story inspired by a friend's Facebook post about becoming a living kidney donor was a transformative fair use, a Boston federal judge said Thursday in throwing out a highly publicized copyright infringement claim.

Fair Use 40

Fair Use Copyright Infringement Copyright 40

LexBlog IP

MAY 18, 2023

Supreme Court in the copyright infringement case, Andy Warhol Foundation for the Visual Arts, Inc. Affirming the Second Circuit opinion, the majority held that the “purpose and character” of AWF’s particular commercial use of Goldsmith’s photograph did not favor a finding of fair use pursuant to 17 U.S.C. §

Fair Use 52

Fair Use Licensing Art Copyright Infringement 52

IP Law 360

OCTOBER 11, 2023

A California federal judge has granted a photographer's motion to reconsider her refusal to find copyright infringement against tattooist Kat Von D for using his portrait of Miles Davis for a tattoo, noting that the U.S. Supreme Court's Andy Warhol ruling changes the fair use analysis and that the tattoo isn't transformative.

Fair Use 45

Fair Use Copyright Infringement Copyright 45

Indiana Intellectual Property Law

FEBRUARY 12, 2024

The jury found that Von D’s tattoo, drawing, and social media posts based on Sedlik’s portrait constituted fair use of the copyrighted work, effectively dismissing the photographer’s claims of infringement. For Von D, the decision marked the end of a two-year legal ordeal.

Fair Use 52

Fair Use Social Media Art Copyright 52

IP Tech Blog

MARCH 28, 2023

A federal district court in New York held that the Internet Archive’s Open Library project was engaging in copyright infringement by publishing digital copies of millions of books online. The court engaged in an extensive analysis of whether the purpose and character of Internet Archive’s use was transformative. of America v.

Fair Use 57

Fair Use Copying Publishing Copyright Infringement 57

Likelihood of Confusion

MAY 18, 2022

When copying 20,000,000 books without permission is not copyright infringement Jim Bouton’s last pitch to Google wasn’t Ball Four, at least according to the umps of the Second Circuit. The post Guest Post: Fair Use or Foul Ball? appeared first on LIKELIHOOD OF CONFUSION™.

Fair Use 52

Fair Use Copyright Infringement Copying Copyright 52