LexBlog IP

NOVEMBER 1, 2023

Businesses looking to capitalize on amusing or interesting videos in social media channels should beware of potential copyright infringement liability and bear in mind that a fair use defense may not be available. Read more

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LexBlog IP

MAY 3, 2022

He markets the books through online retailers and his own website. The school district removed both posts and told Bell it was a “teachable moment” After settlement negotiations broke down, Bell sued for copyright infringement. One of the passages in the book that is well known is entitled the WIN Passage.

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LexBlog IP

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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LexBlog IP

MAY 19, 2023

Yesterday, the Supreme Court held 7-2 that a specific use of Andy Warhol’s “Orange Prince” silk screen—based on a copyrighted photograph of Prince—was not fair use. Goldsmith alleged copyright infringement after seeing Orange Prince in Condé Nast’s article.

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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. Copyright law in the U.S.

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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. This is not the first time Andy Warhol was sued for IP infringement.

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Technology & Marketing Law Blog

JANUARY 22, 2022

A “lapsed” Jehovah’s Witnesses member, using the alias “ Kevin McFree ,” posted YouTube videos using stop-animation of Lego figurines to criticize the Jehovah’s Witnesses. The court says the Dubtown video wasn’t copyright infringing because of fair use: Purpose/Character of Use.

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IPilogue

OCTOBER 26, 2021

It is composed of two phases centering on two legal issues that were trialed separately—the copyrightability of APIs and the fair use doctrine. It also ordered a second trial to determine whether Google’s use of Java API was acceptable under the fair use doctrine. Oracle appealed successfully.

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LexBlog IP

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

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.

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LexBlog IP

AUGUST 11, 2021

The Supreme Court’s decision held that, contrary to the decision by the Federal Circuit Court of Appeals which was discussed in our previous alert , Google’s use of Oracle’s APIs was protected by the copyright defense of Fair Use. Oracle owns the widely-used Java platform and Java programming language.

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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. Google argued that the material it used from Oracle’s APIs was not copyrightable because of this lack of creative expression. Weighing the fair-use factors, the Court found in Google’s favor.

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IP Tech Blog

NOVEMBER 29, 2023

18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked. In Cramer v. Netflix, Inc. , 3:22-cv-131 (W.D. Koons , 467 F.3d

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LexBlog IP

JULY 24, 2023

Authors Guild was a copyright case concerning fair use in copyright law and the transformation of printed copyrighted books into an online searchable database through scanning and digitization. Under the fair use doctrine of the U.S.

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IPilogue

FEBRUARY 28, 2023

De Fontbrune held the position that the estate did not have the power to approve such use. At the request of De Fontbrune , in 1998, the police confiscated copies of Wofsy’s book, and De Fontbrune sued for copyright infringement. The plaintiffs argued that the book has a commercial purpose, which weighs against fair use.

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IIPRD

JANUARY 8, 2023

Copyright infringement & fair use. Rationale Behind IP Protection. In order to provide an essential balance between the copyright owners’ rights, certain exceptions known as ‘user rights, as codified by the 1976 Copyright Act , exist to this exclusive right. fair use tenet.

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JIPL Online

APRIL 9, 2021

In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale.

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Intepat

JANUARY 8, 2024

The New York Times holds exclusive rights granted by Section 106, encompassing reproduction, derivative works, distribution, public performance, and public display of their copyrighted material. However, the court would need to assess the four fair use factors to determine the legitimacy of this claim.

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Technology & Marketing Law Blog

DECEMBER 31, 2021

The court says that instead of doing a First Amendment analysis, it’s possible that a fair use analysis is sufficient for 512(h) subpoenas (citing Eldred for the principle that fair use is the First Amendment safety valve to copyright infringement). Q2 2015 Quick Links, Part 1 (IP, Marketing and More).

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LexBlog IP

APRIL 18, 2022

Supreme Court recently granted a petition for writ of certiorari (docket, here ) to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. Goldsmith counterclaimed for copyright infringement.

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IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use.

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LexBlog IP

NOVEMBER 28, 2023

But wait, shouldn’t the Fair Use Doctrine imputed under the First Amendment apply to an obviously parodied creative work? Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here? What is the purpose and character of the use? Yes and no. What about meme generators?

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IP Tech Blog

AUGUST 15, 2022

copyright infringement by MoneyBags). Then, the court must balance the equities by weighing the potential harm to the party seeking disclosure against the speaker’s interest in anonymity, in light of the strength of the underlying copyright infringement claim. If the use is fair, it is not infringement.

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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 ). ” For example, when speakers have made many posts against multiple targets, and the alleged infringement would expose the author indiscriminately. Nature of the use.

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Technology & Marketing Law Blog

AUGUST 8, 2021

The video depicted its award as the well-known Emmy statuette with a coronavirus replacing the atom in the holder’s hands: The Television Academies, who own the IP rights to the statuette, targeted the video with a DMCA notice to YouTube, which YouTube honored. Copyright Infringement/Fair Use.

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IIPRD

AUGUST 11, 2023

Afterward, the second world war did pose an interruption in the steady growth but in turn, it scaled the manga market to a whole new different level in 1947. IP ISSUES CREATED BY THE MANGA FAN BASE Due to the growing interest of the world inMangas several rights of a manga-ka are challenged. For content piracy, Takeshobo Inc.,

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LexBlog IP

NOVEMBER 29, 2023

18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked. In Cramer v. Netflix, Inc. ,

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TorrentFreak

MAY 26, 2023

The number of removals runs in the hundreds of thousands during a typical month, without getting noticed by the public at large, but if Instagram users continue to post copyright infringing content, they risk losing their accounts. Alternatively, they may be classified as fair use.

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Kluwer Copyright Blog

AUGUST 13, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. A full summary of this case has been published on Kluwer IP Law. Goldsmith, March 26, 2021, Sullivan, R.).

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Kluwer Copyright Blog

AUGUST 12, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. A full summary of this case has been published on Kluwer IP Law. Goldsmith, March 26, 2021, Sullivan, R.).

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The IP Law Blog

JULY 6, 2023

Goldsmith changed the way fair use is analyzed. In determining fair use, four factors are examined. The first fair use factor examines the purpose and character of the use. This transformative use analysis took on great importance and often eclipsed the other fair use factors.

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LexBlog IP

APRIL 18, 2023

Today’s post revisits something discussed several years ago on this blog: fair use. As a quick TL;DR to those previous posts, fair use is a defense to copyright infringement claims for a use of a copyrighted work that would otherwise be considered infringement.

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LexBlog IP

MAY 31, 2023

The Court held that the first factor of the copyright fair use test favored respondent photographer, Lynn Goldsmith, rather than petitioner, Andy Warhol Foundation for the Visual Arts (“AWF”). In response, AWF sued Goldsmith, seeking a declaratory judgment of non-infringement, or alternatively, fair use.

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The IPKat

MARCH 7, 2024

The collection comprises a diverse array of perspectives, each focusing specifically on a different subject of the intersection of sustainability with IP. Finally, in "The TRIPS Agreement and the Sustainable Disposal of IP-Infringing Goods - Lessons from WTO Dispute Settlement Cases," Wolf R.

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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. was released.

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Dear Rich IP Blog

FEBRUARY 25, 2021

Is it fair use to use the entire unclipped episode, if, throughout my recording, I am making commentary on the episode I am watching? Your project may qualify as fair use. A judge, when determining fair use, must consider four factors the purpose and character of your use. The factors?

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LexBlog IP

JULY 6, 2023

Goldsmith changed the way fair use is analyzed. In determining fair use, four factors are examined. The first fair use factor examines the purpose and character of the use. ” This transformative use analysis took on great importance and often eclipsed the other fair use factors.

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