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]

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IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms.

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Fair Use Derivative Work Copying Licensing 57

43(B)log

JUNE 17, 2022

Much art would be at risk if fair use inquiries ignored reasonable audiences’ views about when a new creation based on an existing work has a new meaning and message. 1183 (2021), that an inquiry into whether a work is a fair use requires evaluation of whether a second work has a different message, meaning, or purpose.

Copyright Law 94

Copyright Law Fair Use Law Artistic Work 94

TorrentFreak

OCTOBER 7, 2021

Early September the defendants fired back with a motion to dismiss the “fatally defective” complaint, arguing that they only used a very small portion of the four-hour broadcast for the purposes of commentary and criticism, a key component of a fair use defense. Other Fair Use Factors Cannot Be Relied Upon.

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Fair Use Copying Copyright Infringement Copyright 109

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 ).

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Velocity of Content

OCTOBER 19, 2023

The culmination of a decades-long effort, and well before the Digital Millennium Copyright Act and Copyright Term Extension Act were passed in 1998, the 1976 Copyright Act ushered in a new era of copyright law in the United States. Nation Enterprises.

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Copyright Fair Use Copyright Law Copyright Notice 116

Technology & Marketing Law Blog

MAY 17, 2024

by guest blogger Guy Rub , The Ohio State University Moritz College of Law A Web Scraper Beats a Platform: The Same Story, but Different It seems like we’ve been here before, and not that long ago. It lost for two reasons: one grounded in contract law and the other external. Can a breach of contract claim be equivalent to copyright?

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LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. ” Unbeknownst to Ms.

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Fair Use Derivative Work Copying Licensing 52

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

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Derivative Work Copyright Law Copyright Law 107

Larson & Larson

JUNE 21, 2021

Without a shred of doubt, copyright law envisages the protection of the copyright holder’s rights. The most common limitation where the exclusive rights of a copyright holder can be limited fall under the doctrine of fair use- a defense against copyright infringement. What is Fair Use?

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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. How Long Does Copyright Protection Last? The duration of copyright protection is often date and fact-sensitive.

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Copyright Infringement Copyright Law Copyright Law 52

IPilogue

FEBRUARY 28, 2023

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. The conflict of laws has often resulted in interesting dilemmas for courts where precedent cannot be readily applied, necessitating a case-by-case approach. The plaintiffs argued that the book has a commercial purpose, which weighs against fair use.

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Fair Use Copyright Copyright Infringement Copyright Law 105

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. But, even if APIs are subject to copyright protection, Google argued its use was protected as fair use. Weighing the fair-use factors, the Court found in Google’s favor.

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Nelligan Law

FEBRUARY 20, 2024

As tattoo artists draw inspiration from a plethora of sources, ranging from classical art to pop culture icons, questions of ownership, originality, and copyright infringement have commandeered the spotlight in the tattooing arena. At the crux of both cases lies the conundrum of copyright ownership and infringement.

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Copyright Fair Use Copyright Law Settlement 79

TorrentFreak

DECEMBER 22, 2023

“Because these publishers have such concentrated market power […], authors that want to reach wide audiences rarely have the negotiating power to retain sufficient control from publishers to independently authorize public access like that at issue here,” the Alliance adds.

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TorrentFreak

MARCH 25, 2024

Internet Archive’s theory of fair use represents a threat just as grave.” ” According to the amici, there is nothing fair about IA’s digital library; instead, they see it as “unambiguous copyright infringement.”

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Publishing Copyright Fair Use Intellectual Property Law 141

TraskBritt Intellectual Property

APRIL 10, 2021

LEXIS 1864 (2021), the Supreme Court held that Google’s copying was permissible fair use. Copyright typically covers the unique expression of ideas in creative works, like written texts. However, Google recreated the underlying software processes that would be executed in response to those function calls from scratch.

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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

IPilogue

OCTOBER 26, 2021

Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . . The decade-long dispute between Google and Oracle over computer code’s copyrightability finally came to an end on April 5, 2021. copyright law. ruled that Google’s use is “minimal,” about 0.4 . Photo by Intepat ( INTEPAT ).

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Copyright Infringement Copyright Fair Use Settlement 111

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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The IP Law Blog

MARCH 2, 2023

Getty Images alleges that Stability’s actions constitute copyright infringement, false copyright management information, removal or alteration of copyright management information, trademark infringement, unfair competition, trademark dilution, and deceptive trade practices under Delaware law.

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Copyright Infringement Copyright Fair Use Technology 104

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. Copyright and APIs. Google , the Federal Circuit Court held that the Java API in question was copyrightable. It was regarded as being fair and permissible by the court of law.

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Intellectual Property Law Intellectual Property Law Fair Use 98

Intepat

JANUARY 8, 2024

Navigating the Intellectual Property Rights Dilemma The clash between The New York Times, OpenAI, and Microsoft unfolds in the realm of intellectual property law. In light of the Copyright Act of 1976 (United States), like The New York Times, creators have the exclusive right to reproduce, distribute, and display their works.

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Copyright Fair Use Derivative Work Intellectual Property 52

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. The first factor assesses whether the use is ‘transformative.'”.

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Copyright Infringement Copyright Fair Use Copying 123

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.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. at 1290 (Gorsuch, J.,

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Fair Use Licensing Music Art 105

LexBlog IP

NOVEMBER 28, 2023

Meme Culture Meets Copyright Law: A Guide for Businesses & Creators Memes, often humorous media fragments that spread rapidly through online sharing, are a global phenomenon that have made their way into mainstream culture. Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here?

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The IP Law Blog

JULY 22, 2021

This would include a belief that the display or performance of the copyrighted material in the video was covered under fair use. So would the inclusion of the Taylor Swift or Sublime song recorded in the police/civilian interaction videos mentioned above constitute fair use?

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Music Fair Use Copyright Reporting 104

Copyright Lately

JUNE 2, 2022

In a 30-page order, the district court largely denies both parties’ motions for summary judgment, finding triable issues on substantial similarity and fair use. and High Voltage Tattoo) asked the court to determine that the use of Sedlik’s photo as a reference image qualified as a fair use of the copyrighted work.

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Fair Use Social Media Copyright Copyright Infringement 104

Technology & Marketing Law Blog

JUNE 2, 2022

This is a venerable question–I remember evaluating it as a possible law review note topic 30+ years ago. Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. Nature of Use. This factor weighs against fair use.

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Copyright Social Media Fair Use Licensing 142

43(B)log

FEBRUARY 16, 2022

I filed this brief on behalf of IP Law Professors today in the Apple v. Summary of argument: The constitutional goal of copyright protection is to “promote the progress of science and useful arts,” Art. 8, and the first copyright law was “an act for the encouragement of learning,” Cambridge University Press v.

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Derivative Work Fair Use Copying Copyright 90

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

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.

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Copying 52

The IPKat

FEBRUARY 20, 2024

One of Mango's virtual fashion week runways ( Mango ) The Court's ruling Moral rights The Court began by examining the moral right of dissemination under Spanish law, and found that - seeing as the relevant works had already been displayed to the public at large - such rights had been exhausted, and there was no further infringement.

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Moral Rights Artwork Fair Use Copyright 76

Velocity of Content

OCTOBER 9, 2023

The license programs that have since been continuously developed and implemented by CCC have rationalized copyright law; minimized repetitious fair use disputes; and enabled lawful commerce in copyrighted works to proceed in myriad market settings.”

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Licensing Fair Use Journalism Copyright Law 52

Velocity of Content

MARCH 16, 2023

Regardless, as of this writing there are now five cases that may provide some clarity on this less frequently discussed but foundational issue of the unauthorized use of copyrighted materials as training data for AI (I use “AI” here as a shorthand which also includes text and data mining and machine learning). v Stability A.I.

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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. ”). 110-111). 4th 1149 (9th Cir. 3d 723, 743 (9th Cir. Church of God, Inc.,

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Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

There are certain exceptions to copyright infringement that can be used as a shield in such cases. Firstly, the exception of fair use. One has to check if the way in which the photograph is being used falls within the scope of fair use.

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