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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Plagiarism Today

SEPTEMBER 23, 2021

Copyright law was never meant to work this way. It is a law that was designed to let humans govern how other humans use content. However, they are an especially difficult one for copyright. Copyright law was written, quite deliberately, to allow for a lot of nuance and judgment.

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Copyright Fair Use Copyright Law Law 277

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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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. copyright law. However, the U.S.

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Fair Use Copyright Moral Rights Copyright Law 137

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.

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Copyright Copyright Law Copyright Infringement Government 98

Intepat

JANUARY 25, 2024

A key player in this arena is Digital Rights Management (DRM), a technological solution designed to prevent unauthorized redistribution of digital media and uphold the copyright policies of streaming platforms. These laws exist to protect creators’ intellectual property, ensuring recognition and financial remuneration.

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Technology Copyright Fair Use Intellectual Property 52

Kashishipr

OCTOBER 27, 2021

There has been a long-standing debate about the different modes of safeguarding an API through the laws on patents, copyright, and trade secrets. However, the idea of protecting the API through the medium of a trade secret goes against the very idea of conceptualizing and designing an API. Copyright and APIs.

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Intellectual Property Law Intellectual Property Law Fair Use 98

Likelihood of Confusion

JANUARY 4, 2024

The remaining issues in the case, you may recall, were copyright infringement and Arizona unfair competition. The post Designer Skin v. Here is the status per this morning’s minute entry in the court’s electronic case. S&L Vitamins trial update appeared first on LIKELIHOOD OF CONFUSION™.

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Designs Design Copyright Infringement Copyright 52

TorrentFreak

DECEMBER 22, 2023

According to the Authors Alliance, IA’s digital ebook library is a prime example of a service that should be permitted to operate as fair use, as it benefits both writers and readers. “Libraries have always been free under copyright law to lend materials they own as they see fit.

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Copyright Fair Use Publishing Marketing 114

Copyright Lately

JANUARY 23, 2024

A first-of-its-kind copyright infringement trial is scheduled to begin today in Los Angeles. Like the tattoo at issue in the case, the lawsuit is poised to leave a lasting impression, not only on copyright law, but the entire multi-billion-dollar tattoo industry.

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Social Media Fair Use Copyright Infringement Copying 140

Dear Rich IP Blog

AUGUST 3, 2022

But if you can't get permission, you may have a reasonable fair use argument. Reproducing the image without the copyright owner's permission is an infringement unless you can claim fair use. Architectural copyright. If the museum is new (built after 1990), copyright law protects the building's design.

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Publishing Fair Use Artwork Copyright 97

TorrentFreak

MARCH 27, 2022

Dealing with most claims this way provides efficiency for YouTube but there are times when algorithms get things wrong or complex issues such as determining instances of ‘fair use require input from human beings. Copyright Operations Specialist. To this end, Google/YouTube is now seeking to boost its already massive team.

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Copyright Fair Use Copyright Law Advertising 131

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.

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Kluwer Copyright Blog

OCTOBER 3, 2023

We have also noted that this was not the only class action filed in the US against Open AI, since a parallel class action was based on alleged data breach ( here ). 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir. 3d 723, 743 (9th Cir. 2019); Worldwide Church of God vs Phila.

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IPilogue

DECEMBER 9, 2022

Govind Kumar Chaturvedi is an IPilogue Writer and an LLM graduate from Osgoode Hall Law School. Alexander inked WWE professional wrestler Randy Orton with a total of six tattoos including tribal tattoos designed by another tattoo artist which Alexander extended per Randy Orton’s request. However, the US law 17 U.S.C. §

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Fair Use Copying Licensing Copyright 112

Copyright Lately

AUGUST 22, 2021

Back in May, I wrote about an overzealous copyright infringement lawsuit filed by Rachel Dolezal , the woman best known for mispresenting her racial background. The complaint raised concerns that Dolezal was using copyright law to purge the historical record of her controversial past, while seeking substantial monetary damages in the process.

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Copyright Fair Use Settlement Designs 87

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. This is how her picture might look on some useful articles: Who doesn’t love a hula-hooping cat? 17 U.S.C. § You get the idea.

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Copyright Derivative Work Artwork Fair Use 97

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. We will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.” Getty Images , Newgrounds , and PurplePort ).

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Copyright Art Fair Use Registration 145

Plagiarism Today

SEPTEMBER 28, 2021

In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.” ” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works. Bottom Line.

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Fair Use Non-Fungible Tokens Copyright Social Media 237

LexBlog IP

JULY 17, 2023

These are all questions that complicate copyright laws which require that a work be original in order to be protected intellectual property. Authorship Attributing authorship is essential to determining who has legal rights to the intellectual property in question and who is entitled to copyright protections.

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Intellectual Property Art Artwork Moral Rights 52

TorrentFreak

FEBRUARY 17, 2022

These videos are often around 10 minutes in length but rather than giving a flavor of a movie to whet the appetite, they are designed to give away entire plotlines and necessarily include spoilers. The other suspects who were arrested last summer all pleaded guilty to criminal breaches of Japan’s copyright law.

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Editing Cinema Copyright Law Copyright 135

IPilogue

OCTOBER 28, 2021

Sabrina Macklai is an IPilogue Senior Editor and a 2L JD Candidate at the University of Toronto Faculty of Law. But why do many retailers resort to using these creative names? Copyright Creeping into Costumes. In general, any clothing, including costumes, is not protected by copyright laws. In Pyrrha Design Inc.

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Intellectual Property Designs Design Copyright 116

IP and Legal Filings

SEPTEMBER 29, 2021

The Court held that the defendant (Napster) was held liable for contributory infringement and vicarious infringement of the plaintiff’s copyrights. The Napster case gained immense popularity since it explored the intersection of copyright laws and peer-to-peer file sharing systems. Fair use defense that was deemed to be invalid.

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Fair Use Music Copying Copyright 52

Kluwer Copyright Blog

NOVEMBER 26, 2023

Photo by Possessed Photography on Unsplash Copyright protection in machine-generated works is not a new issue for law makers. 53 (1884) extended copyright protection to photography. Copyright Office and the U.S. Copyright Office launched a study to examine the copyright law and policy issues raised by generative AI.

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Registration Copyright Law Artwork Copyright 60

Kluwer Copyright Blog

FEBRUARY 13, 2022

We soon realized that information about the changes to copyright law over time – which would be especially useful for empirical studies – was lacking. There have been many studies describing differences in copyright exceptions between countries, such as those by Seng , Crews , Hilty & Nérisson , and the WIPO Secretariat.

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Copyright Copyright Law Technology Fair Use 98

Technology & Marketing Law Blog

APRIL 1, 2023

Additionally, App Star argues that the applications are denied copyright protection and that “Bar-Z knew or should have known that the design elements cited in the DMCA Notification” are not subject to protection under copyright law. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v.

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Fair Use Cease and Desist Contracts Ownership 101

IP and Legal Filings

NOVEMBER 11, 2022

Copyright protects the producers of any original work, and is relevant to almost all businesses, not just those in the creative industry. Adequate copyright protection can form an important part of an IPR protection strategy. Businesses regularly create articles, photographs, drawings, designs, models, websites, computer software, etc.,

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Copyright Fair Use Registration Ownership 52

The IPKat

OCTOBER 3, 2022

This presentation will look at how this has been done, when it has worked well and when it has worked less well, how it can and should work when the EPO (in particular) changes or develops its law differently from the UK, and how this fits with precedent. It also discusses the problems that can arise when making decisions under the UPC.

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Registration Intellectual Property IP Copyright 62

Kluwer Copyright Blog

OCTOBER 17, 2023

Indeed, human creators seek compensation for the novel use of their intellectual efforts while AI firms aim to maximize the free harvesting of data (including copyright-protected materials) for training their algorithms. It is very likely that many more cases will be brought to courts in the near future. Secondly, para.

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Copyright Art Copyright Law Licensing 124

Patently-O

AUGUST 31, 2021

SAS argues that it made a “plethora of creative choices” in developing its material, and that creativity is more than sufficient to satisfy the originality requirements of copyright law. Thus far, the courts have disagreed with SAS and rejected its copyright assertions. Copyright Alliance Brief – Supporting SAS.

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Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices.

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Music Copyright Copying Copyright Law 87

SpicyIP

OCTOBER 27, 2023

Srijaa is a 4th year law student and Yaggya is a 5th year law student at Vivekananda Institute of Professional Studies, interested in exploring the vast scope of Intellectual Property Rights. This violates copyright laws and may lead to legal actions for copyright infringement. Image by starline on Freepik.

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SpicyIP

NOVEMBER 17, 2023

The course is supported by Texas A&M University School of Law and will be delivered in-person at the Centre for Technology and Law, Dhirubhai Ambani Institute of Information and Communication Technology (DA-IICT), Gandhinagar on November 22 and 23. The course is being supported by Texas A&M University School of Law.

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Intellectual Property Technology IP Law 105

Patently-O

AUGUST 25, 2021

In Google , the Supreme Court found fair-use but did not decide the issue of copyrightability. I’ll note that a parallel copyright claim was rejected by the U.K. copyright law.” Separately, SAS also previously litigated this copyright case in North Carolina federal court.

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Copyright Copyright Infringement Copying Fair Use 125

SpicyIP

JULY 29, 2021

But as I will discuss in this post, they fulfill the eligibility criteria as provided under the Copyright Act, 1957. Typeface’ refers to the particular design of letters, numbers, marks and symbols. Debunking the ‘no copyright for fonts’ Argument. This is perhaps why fonts cannot be copyrighted in the US.

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Copyright Artistic Work Copyright Law Fair Use 126

SpicyIP

OCTOBER 11, 2021

In the present case, the copyright takedown mechanisms has been used as a legal mechanism to take down commentary and criticism of a large broadcasting house’s news coverage, something quite squarely covered by copyright exemptions in Indian law.

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Copyright Social Media Copyright Infringement Copyright Notice 105

Technology & Marketing Law Blog

MAY 27, 2023

The court summarizes the case: “plaintiffs allege that YouTube has violated the copyright laws by withholding broad access to Content ID… Plaintiffs also allege that YouTube automatically strips metadata out of uploaded videos, including copyright management information (CMI), which makes it harder to catch infringing conduct.”

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Ownership Licensing Copyright Fair Use 64