Copyright Infringement, Fair Use and Public Domain

Authors: OpenAI’s Fair Use Argument in Copyright Dispute is Misplaced

TorrentFreak

SEPTEMBER 28, 2023

According to the tech company, there are no viable claims for vicarious copyright infringement, DMCA violation, unfair competition, and unjust enrichment. The only claim that wasn’t contested by OpenAI is direct copyright infringement, which the company plans to address at a later stage. copyright law. .

Fair Use

Fair Use Copyright Copyright Infringement Derivative Work

HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

JIPL Online

MARCH 15, 2021

With more content comes the increased possibility that Netflix is engaging in copyright infringement and on the receiving end of copyright infringement claims. [1] 1] This blog will briefly summarize a few of the notable copyright infringement cases Netflix has defended against in the United States.

Copyright Infringement

Copyright Infringement Copyright Public Domain Derivative Work

Fair Use for Documentaries in US Copyright Law: Brown v Netflix

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

Fair Use Copyright Law Copyright Law

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

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]

Fair Use

Fair Use Derivative Work Art Licensing

Controlled Digital Lending: A Copyright Analysis

IP and Legal Filings

JANUARY 16, 2024

This rule covers lending digital copies of copyrighted works, while works in the public domain can be freely digitized. The concept of CDL revolves around the idea of two major doctrines under Copyright law i.e. Doctrine of fair use and doctrine of exhaustion.

Copyright

Copyright Fair Use Public Domain Copying

Best practices to avoid copyright infringement

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

Copyright Infringement Copyright Public Domain Copying

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith

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

Fair Use Art Licensing Derivative Work

Copyright Law and Copyright Infringement: All You Need To Know

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.

Copyright Infringement

Copyright Infringement Copyright Law Copyright Law

The College Art Association Guide to Fair Use

Art Law Journal

OCTOBER 24, 2018

Fair use is a common art law issue that arises for artists. Here, we review the College Art Association's Code of Best Practices in Fair Use for the Visual Arts. Nicole Martinez.

Fair Use

Fair Use Art Art Law Law

3 Count: Extrinsic vs. Intrinsic

Plagiarism Today

MAY 16, 2022

2: Judge Says ‘Vape’ Musical Parody May Go On as ‘Grease’ Copyright Claim Flops. Next up today, Jonathan Stempel at Reuters reports that a judge has ruled that Vape: The Musical will be allowed to proceed despite a copyright infringement lawsuit filed by the rightsholders of the musical Grease.

Cease and Desist

Cease and Desist Music Public Domain Publishing

Faith-Based Fair Dealing: Beware, New Exceptions Ahead (?)

Kluwer Copyright Blog

DECEMBER 17, 2023

For the last few months, I have been wondering if our belief in “fair dealing” (or broadly, “limitations and exceptions”) has silently slipped into our “faith” in it – a faith that demands complete surrender to it while blinding us to the harm it covertly causes to the public domain. What Fuels Faith in the First Place?

Fair Use

Fair Use Public Domain Copyright Litigation

If You Ask Your Friend to Take Your Photo Using Your Camera, Who Owns the Copyright?–Shah v. NYP

Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. Nonetheless, Shah has not alleged authorship under current Seventh Circuit law and the Court dismisses his copyright infringement claim. (To

Copyright

Copyright Fair Use Licensing Ownership

U.S. Copyright Office Consultation Triggers Massive “Upload Filter” Opposition

TorrentFreak

FEBRUARY 16, 2022

These include overviews from the big tech platforms that already use automated takedown tools, such as Google , Microsoft , and Meta Platforms. Google, for example, provides an overview of the various technical measures it uses to combat copyright infringement. Many other artists and creators share the same outlook.

Copyright

Copyright Fair Use Copyright Infringement Public Domain

Nodal Officers: Unbalancing Expedience and Fairness

SpicyIP

NOVEMBER 10, 2023

First , the amendment seeks to create an artificial distinction between Piracy and Copyright Act. Lokesh, points out here, that the Act avoids defining ‘Piracy’, which normally means copyright infringement. On occasion, an infringing material might be saved by the fair use exemption under Copyright Act ( here ).

Copying

Copying Copyright Copyright Infringement Fair Use

Why Netflix’s “Bridgerton” Lawsuit is Good for Fan Fiction

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. Barlow & Bear claim copyright ownership in “The Unofficial Bridgerton Musical.”

Music

Music Derivative Work Fair Use Cease and Desist

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. This has important implications for the doctrine of fair use.

Fair Use

Fair Use Derivative Work Blogging Licensing

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

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. All of these facts placed Defendant on actual notice that it was highly likely that, in fact, Plaintiff’s Sticker Sheet was not infringing the Subject Design.

Registration

Registration Fair Use Copyright Designs

Taking the Mona Lisa Effect from Illusion to Reality: Enhancing the Museum Experience with Augmented and Virtual Reality

JIPEL Copyright Blog

MARCH 9, 2022

Perhaps one of the most salient legal issues is whether there is copyright infringement or a violation of the Visual Artists Rights Act of 1990 (“VARA”) in the virtual modification (e.g., addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive.

Moral Rights

Moral Rights Fair Use Art Social Media

INTERNET AND COPYRIGHT

IIPRD

SEPTEMBER 29, 2022

Despite technological measures and legal frameworks, combating copyright infringements continues to be a serious challenge in cyberspace. Definition Of use In It Age, the authors hold exclusive rights in their works for a particular term subject to the right to use work for fair use.

Copyright

Copyright Intellectual Property Copying Music

Generative AI, Digital Constitutionalism and Copyright: Towards a Statutory Remuneration Right grounded in Fundamental Rights – Part 1

Kluwer Copyright Blog

OCTOBER 17, 2023

In a nutshell, generative AI raises two main copyright issues that branch off into further sub-problems which in turn intercept (if not collide with) some fundamental rights, especially freedom of artistic expression, freedom of art and science and the right to science and culture (Arts. 11 and 13 EUCFR , 19 UDHR , 27.1 UDHR, and 15.1

Copyright

Copyright Art Copyright Law Licensing

Federal Circuit Narrows Scope for Copyrighting Software Function

Patently-O

APRIL 6, 2023

In that case, the Court found that Google’s use of Java API naming conventions in its Android operating system was fair use under copyright law. Because its fair use decision decided the case, the court did not rule separately on whether the API was even copyrightable in the first place.

Copyright

Copyright Copying Copyright Infringement Fair Use

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

Blogging

Blogging Copyright Contracts Cease and Desist

Internet Archive Loses Lending Lawsuit: What Happened, and What’s Next?

Copyright Lately

APRIL 3, 2023

The future of “controlled digital lending” is in doubt after a court rules that the Internet Archive’s online library is not protected by fair use. IA’s Open Library project includes millions of public domain books that users can download and read without restriction. It also includes 3.6

Fair Use

Fair Use Copying Publishing Copyright

The Modern Copyright Dilemma: Digital Content Ownership and Access

IP and Legal Filings

JANUARY 22, 2024

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. Digital Rights Management & Fair Use If everything is so well designed, then where is the issue?

Ownership

Ownership Copyright Fair Use Intellectual Property

Using Orphan Works (Copyright Holder Can’t Be Located)

Art Law Journal

MARCH 11, 2021

If the owner of a copyrighted work cannot be found, can I use it? Louis Smoller. It may be possible if you analyze the orphan work properly.

Copyright

Copyright Public Domain Fair Use Copyright Infringement

Using Orphan Works (Copyright Holder Can’t Be Located)

Art Law Journal

MARCH 11, 2021

If the owner of a copyrighted work cannot be found, can I use it? The post Using Orphan Works (Copyright Holder Can’t Be Located) appeared first on Art Business Journal. It may be possible if you analyze the orphan work properly.

Copyright

Copyright Journalism Art Business

Canada’s Changing AI-Copyright Policy Discourse: A Play in Three Parts?

Kluwer Copyright Blog

APRIL 25, 2024

Lawyer Maya Madeiros explained to the Committee that copyright law had the potential to become a serious obstacle to AI’s development: AI learns to think by reading, listening and viewing data, which can include copyrighted works such as images, video, text and other data.… data —reside).

Copyright

Copyright Government Copyright Law Reporting

Time for the 12 O'Clock Boyz to go: court shuts down (c)/TM lawsuit against documentary & feature film about Baltimore bikers

43(B)log

DECEMBER 20, 2022

The court found the claims of direct, contributory, and vicarious copyright infringement time-barred because plaintiffs didn’t submit evidence of continuing infringement by the moving defendants within 3 years of the filing of the complaint. Right of publicity and unjust enrichment claims were preempted. Trademark etc.

Fair Use

Fair Use Trademark Copyright Editing

13 Spooky Copyright Cases, Just in Time for Halloween

Copyright Lately

OCTOBER 25, 2021

But Lewis thought the song was a rip-off of “I Want a New Drug” and asserted a copyright infringement claim against Columbia Pictures. Harvey wasn’t saved by the fact that later issues of “Casper” remained subject to copyright. Ghostbusters, Part II. The Ghostly Trio.

Copyright

Copyright Cinema Copying Copyright Infringement

Copyright vs parody: the fair balance doctrine in front of the Italian Supreme Court

Kluwer Copyright Blog

MARCH 28, 2023

Niklas Jansson, Public domain, via Wikimedia Commons On 30 December 2022, the Italian Supreme Court ( Corte di Cassazione ) issued an order that intervened again on the interpretation of the quotation exception under Article 70 of the Italian Copyright Act ( l. 633/1941 , l.aut.).

Copyright

Copyright Intellectual Property Copyright Law Art

TM Scholars' Roundtable: Session 2: Relevance of Ornamentality Elsewhere in Trademark Law

43(B)log

JUNE 24, 2022

In the fair use calculus? In what ways is the ornamental nature of a defendant’s use relevant to defences based on artistic or expressive use (or some other defence)? Defenses: we don’t have fair use as a catchall; specific list of enumerated defenses. But there is a defense for nondistinctive use.

Trademark Law

Trademark Law Law Trademark Fair Use

A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the recordings themselves? Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment?

Copyright

Copyright Blogging Publishing Fair Use

Intellectual Property Pulse

Authors: OpenAI’s Fair Use Argument in Copyright Dispute is Misplaced

HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

Trending Sources

Fair Use for Documentaries in US Copyright Law: Brown v Netflix

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

Controlled Digital Lending: A Copyright Analysis

Best practices to avoid copyright infringement

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith

Copyright Law and Copyright Infringement: All You Need To Know

The College Art Association Guide to Fair Use

3 Count: Extrinsic vs. Intrinsic

Faith-Based Fair Dealing: Beware, New Exceptions Ahead (?)

If You Ask Your Friend to Take Your Photo Using Your Camera, Who Owns the Copyright?–Shah v. NYP

U.S. Copyright Office Consultation Triggers Massive “Upload Filter” Opposition

Nodal Officers: Unbalancing Expedience and Fairness

Why Netflix’s “Bridgerton” Lawsuit is Good for Fan Fiction

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Taking the Mona Lisa Effect from Illusion to Reality: Enhancing the Museum Experience with Augmented and Virtual Reality

INTERNET AND COPYRIGHT

Generative AI, Digital Constitutionalism and Copyright: Towards a Statutory Remuneration Right grounded in Fundamental Rights – Part 1

Federal Circuit Narrows Scope for Copyrighting Software Function

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Internet Archive Loses Lending Lawsuit: What Happened, and What’s Next?

The Modern Copyright Dilemma: Digital Content Ownership and Access

Using Orphan Works (Copyright Holder Can’t Be Located)

Using Orphan Works (Copyright Holder Can’t Be Located)

Canada’s Changing AI-Copyright Policy Discourse: A Play in Three Parts?

Time for the 12 O'Clock Boyz to go: court shuts down (c)/TM lawsuit against documentary & feature film about Baltimore bikers

13 Spooky Copyright Cases, Just in Time for Halloween

Copyright vs parody: the fair balance doctrine in front of the Italian Supreme Court

TM Scholars' Roundtable: Session 2: Relevance of Ornamentality Elsewhere in Trademark Law

A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)

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