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. The local news could then take photos of the shirt to use in a story about what a lousy dad I am. You get the idea. Paging Section 113(c).

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

Technology & Marketing Law Blog

JANUARY 3, 2023

31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense. Verizon Media, Inc.,

Copyright 92

Copyright Social Media Copyright Infringement Publishing 92

Copyright Lately

AUGUST 2, 2022

Multiple times throughout June and July 2022, Netflix informed Barlow & Bear’s lawyers that their July 26 performance wasn’t authorized and would give rise to claims for willful copyright and trademark infringement unless they negotiated a license—which Netflix was willing to do.

Music 104

Music Derivative Work Fair Use Cease and Desist 104

The IPKat

DECEMBER 20, 2023

by Despoina Dimitrakopoulou Recently, the news of reggaeton mega-star Bad Bunny's eloquently put disappointment spread on social media, bringing up interesting questions concerning music creation using AI. It gives an individual the exclusive right to license the use of their identity for commercial promotion.

Music 73

Music Social Media Copying Derivative Work 73

Kluwer Copyright Blog

FEBRUARY 2, 2023

We will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.” Registration was refused in August 2019, in line with previous US case law and guidance. We were not aware that the image may have been created by AI” 2.

Copyright 145

Copyright Art Fair Use Registration 145

Technology & Marketing Law Blog

AUGUST 1, 2023

On the other hand, professional photographers have to make a living by licensing their photos to publishers (and other intermediaries) who are willing to pay them to reproduce and display those photos. The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use.

Blogging 95

Blogging Copying Social Media Copyright 95

Copyright Lately

MAY 1, 2023

First of all, in terms of copyright, to reiterate our very clearly articulated position. sophisticated generative AI that’s enabled by large language models, which trains on our intellectual property, violates copyright law in several ways. copyright law really doesn’t seem to give UMG a ton of options.

Music 87

Music Copyright Copying Copyright Law 87

IPilogue

OCTOBER 28, 2021

Copyright Creeping into Costumes. In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. DIY Tricks?

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

SpicyIP

MARCH 10, 2023

It is capable of writing articles, translating, summarizing and answering follow-up questions and can also create content that can be protected under copyright law. When used in a manner that is commercial or public, the Output might not even qualify as fair use, unless it is sufficiently transformative.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

SpicyIP

DECEMBER 20, 2023

Spadika Jayaraj discussed a case where the Delhi High Court dismissed a suit by a media house accusing copyright infringement on its database of users. The issue has often arisen in the context of protecting confidential information through copyright law. To get an overall picture, see Prashant’s post “ The Rs.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Copyright Lately

OCTOBER 24, 2022

Fair use and de minimis defenses are often unreliable, and even if you have a solid case, defending copyright infringement lawsuits is an expensive proposition. In 1997, the Second Circuit reversed the district court’s finding that BET made fair use of Faith Ringgold’s “Church Picnic Story” quilt.

Artwork 87

Artwork Copyright Infringement Copyright Art 87

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Copyright Lately

JANUARY 23, 2023

It will learn that tables most commonly have four legs, but not always; that tables found in a dining room are used for seated persons to eat meals, while tables found next to a bed are used to hold objects like alarm clocks; that tables don’t need to be made from any particular material or have a particular color, etc.

Derivative Work 108

Derivative Work Art Copying Fair Use 108

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. This left only the fair use defense remaining for the jury.

Fair Use 78

Fair Use Designs Design Licensing 78

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. Instead, IA argued that its conduct was protected by fair use. A New York federal judge has ruled in favor of four leading U.S.

Fair Use 69

Fair Use Copying Publishing Copyright 69

Copyright Lately

APRIL 19, 2022

Over the past quarter-century, transformative use has become shorthand for fair use itself. When I first heard that the Supreme Court had agreed to take up the fair use fight over Andy Warhol’s “Prince Series,” my first reaction was “Oh wow.”. Fair use is supposed to be about balance and flexibility.

Fair Use 78

Fair Use Art Copyright Social Media 78

JIPL Online

NOVEMBER 1, 2021

Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] Why Paywalled Monetization of Mods Makes Copyright Holders Threaten Litigation.

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

Kluwer Copyright Blog

MARCH 6, 2023

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. 3 and 4) and in Singapore’s new Copyright Act (Art. 243, 244), seek to protect the ability of text and data mining researchers to use copyrighted content in their work.

Copyright 122

Copyright Social Media Publishing Licensing 122

Kluwer Copyright Blog

SEPTEMBER 26, 2022

This is not the first time that readers of the Kluwer Copyright Blog will have read about either the CDSM Directive or the reCreating Europe project. freedom of expression-based exceptions and limitations, which might be covered by fair use in the US) or they were not clear enough on the practical application of those flexibilities (e.g.,

Art 100

Art Social Media Licensing Copyright Law 100

Velocity of Content

AUGUST 10, 2022

In a much-anticipated report , the UK Intellectual Property Office recommends a major rewriting of UK copyright law, delivering the future of copyright to those using AI and damaging the present and future financial interests of publishers, authors, journalists, and musicians among others.

Law 116

Law Licensing Publishing Intellectual Property 116

JIPEL Copyright Blog

MARCH 21, 2022

Players rallied against Nintendo’s actions, causing #FreeMelee to trend across social media and throughout the gaming world. ROMs which are possessed or distributed without the copyright holders’ permission likely violate copyright law in various ways. tournament circuit beginning in 2022.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

Copyright Lately

MAY 21, 2021

The man in the photo, whom Dolezal previously identified as “my dad” in social media posts, was later revealed to be Albert Wilkerson Jr. , Weaponizing Copyright. Some of the copyright registrations on file with the U.S. Copyright Office by Nkechi Diallo, aka Rachel Dolezal.

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

Copyright Lately

OCTOBER 25, 2021

The judge rejected BMG’s fair use defense, holding that the defendants took more elements from the “Nightmare on Elm” street films than they needed to accomplish any parodic purpose. In 1999, Cinema Secrets licensed the right to sell a Michael Myers Halloween mask from the film’s copyright owner.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

TorrentFreak

DECEMBER 20, 2023

Recurring news that another established and popular content creator faces copyright issues on YouTube is something the world will have to get used to. According to the report, the YouTube copyright claims threaten Beard’s social media presence. What About Fair Use?

Fair Use 88

Fair Use Copyright Social Media Content Creation 88

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

APRIL 20, 2022

As described here in a previous post: The United States Court of Appeals for the Second Circuit rejected an artistic intent or purpose test for fair use on March 26, 2021, in The Andy Warhol Foundation v. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. at 7-9) were transformative.,”

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52