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.'”.

Copyright Infringement 123

Copyright Infringement Copyright Fair Use Copying 123

JD Supra Law

JULY 13, 2022

Can internet service providers necessarily be compelled to unmask anonymous copyright infringers?

Fair Use 98

Fair Use Copyright Infringement Copyright Technology 98

Copyright Alliance

AUGUST 29, 2023

In the previous iteration of this blog (Part 1), we presented several movie copyright cases addressing the issues of copyright infringement and copyrightability.

Fair Use 80

Fair Use Copyright Copyright Infringement Blogging 80

JD Supra Law

JUNE 13, 2023

Supreme Court issued its first decision this century on copyright fair use in the artistic context. The 7-2 decision, authored by Justice Sonia Sotomayor, has the potential to significantly limit the amount of borrowing from and building upon copyrighted works permitted in the commercial space. Andy Warhol Found.

Fair Use 55

Fair Use Copyright Infringement Copyright Art 55

The IP Law Blog

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.

Copyright Infringement 104

Copyright Infringement Copyright Fair Use Technology 104

Technology & Marketing Law Blog

FEBRUARY 25, 2024

Thiccc Boy then sued for copyright infringement. The court finds fair use. Purpose and Character of Use. “the allegedly infringing videos undisputedly commented on the quality of the discussion in the copyrighted works.” Swindelles admittedly duplicated the copyrighted videos’ full frames.

Fair Use 73

Fair Use Copyright Infringement Television Copyright 73

JD Supra Law

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. By: Weintraub Tobin

Copyright Infringement 79

Copyright Infringement Copyright Fair Use 79

IP Law 360

APRIL 22, 2024

Mike Huckabee has urged a New York federal court not to dismiss Bloomberg from his proposed class action alleging copyright infringement of e-books to train the media company's large language model, arguing the business cannot lean on a fair use defense to toss the complaint at this stage.

Copyright 98

Copyright Fair Use Copyright Infringement Business 98

TorrentFreak

JUNE 22, 2022

Soon after and in mysterious circumstances, copyright law entered the equation. On October 29, 2020, a business entity called Bayside Advisory LLC contacted Twitter stating that since it owns the copyrights in the six photos, they should be taken down under the DMCA. DMCA Takedowns Followed by DMCA Subpoena.

Fair Use 125

Fair Use Copyright Infringement Copyright Copyright Law 125

Indiana Intellectual Property Law

JUNE 1, 2023

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use. Continue reading

Fair Use 97

Fair Use Derivative Work Artwork Copyright Infringement 97

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

Photographs are under the subject matter of copyright which means that photographs are artistic works that attract copyright protection. In India, photographs enjoy copyright protection under Section 2 (c) i of the Copyright Act, 1957 , which mentions the certain types of artistic works granted copyright protection in India.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 52

JD Supra Law

APRIL 5, 2024

Does an artificial intelligence (“AI”) company have the right to use copyrighted content to train its AI model? That question is being reviewed where two giants have squared off in a case where the New York Times sued OpenAI and Microsoft, the companies behind ChatGPT, for copyright infringement in federal court in New York City.

Fair Use 73

Fair Use Copyright Infringement Copyright 73

IP Watchdog

AUGUST 9, 2022

that reversed a Central District of California’s sua sponte grant of summary judgment to Pub Ocean on McGucken’s copyright infringement claims. The case involved Pub Ocean’s unauthorized use of photos of a lake that formed in Death Valley, California, in March 2019. Pub Ocean Ltd.

Fair Use 119

Fair Use Copyright Infringement Copyright Litigation 119

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 103

Fair Use Copyright Law Copyright Law 103

The Illusion of More

MARCH 18, 2024

IA maintains that its practice of “Controlled Digital Lending” is not copyright infringement under the doctrine of fair use despite the […] The post Copyright News to Watch appeared first on The Illusion of More.

Copyright 96

Copyright Fair Use Copyright Infringement Publishing 96

TorrentFreak

AUGUST 20, 2022

What the UFC does have is lots of smart executives, an extraordinarily valuable brand, equally lucrative trademarks, and an extensive copyright-protected back catalog that documents the history of MMA in the United States and beyond. The UFC doesn’t manufacture anything either, at least not in the traditional sense.

Fair Use 103

Fair Use Copyright Licensing Intellectual Property 103

Copyright Lately

AUGUST 14, 2023

Photographer Jeff Sedlik and tattoo artist Kat Von D each claim that the Supreme Court’s Warhol decision entitles them to summary judgment in their long-running copyright dispute. Goldsmith on a first-of-its-kind copyright infringement lawsuit involving celebrity tattoo artist Katherine Von Drachenberg (aka Kat Von D).

Fair Use 87

Fair Use Social Media Licensing Marketing 87

Likelihood of Confusion

FEBRUARY 27, 2022

The post More fair use follies — copyright infringement by court filing? Evan Brown reports (links added): The parties in the matter of Shell v. Devries, a case from the U.S. District Court for the District of Colorado, are no strangers to. appeared first on LIKELIHOOD OF CONFUSION™.

Fair Use 40

Fair Use Copyright Infringement Copyright Reporting 40

IP Law 360

MARCH 20, 2024

The works of sculptors, like those of other artists, are protected by the fair use doctrine in U.S. copyright law, while photographers also have copyright protection for their work when others try to use it for their own profit.

Copyright 110

Copyright Fair Use Copyright Infringement Copyright Law 110

TorrentFreak

MARCH 25, 2024

Publishers Hachette, HarperCollins, John Wiley, and Penguin Random House filed a lawsuit, equating IA’s controlled digital lending (CDL) operation to copyright infringement. Earlier this year a New York federal court concluded that the library is indeed liable for copyright infringement.

Publishing 139

Publishing Copyright Fair Use Intellectual Property Law 139

IP Watchdog

NOVEMBER 17, 2021

“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. Supreme Court ruled on a landmark fair use case involving the “copying” of an Application Programming Interface (API).

Fair Use 116

Fair Use Copying Copyright Infringement Technology 116

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

Music is an artistic work which falls into the purview of copyright protection. However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. the original owner of the work, for using his work, commercially.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 52

Olartemoure Blog

JANUARY 27, 2023

Getty Images also argues that the conduct does not fall within the scope of what is called fair use in the US, or fair dealing in the UK. La entrada Copyright infringement se publicó primero en OlarteMoure | Intellectual Property.

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Intellectual Property 52

TorrentFreak

MARCH 19, 2022

Someone on the internet has breached Watch Tower’s copyrights and, as a result, their true names and addresses should be handed over so that the group can seek remedy for infringement. However, Watch Tower is still pursuing a parallel copyright infringement lawsuit against McFree in another court.

Fair Use 130

Fair Use Copyright Infringement Litigation Copyright 130

JD Supra Law

JUNE 6, 2023

The fair use defense to copyright infringement has been remastered by the Supreme Court—at least the first factor. The Supreme Court’s recent decision in Andy Warhol Foundation v. By: Benesch

Fair Use 55

Fair Use Copyright Copying Copyright Infringement 55

Copyright Lately

OCTOBER 24, 2022

The letter claimed that the director, an ad agency, and a popular theme park had all committed copyright infringement because a panda appeared in the background of their TV commercial. But if they appear on film without permission, even fleetingly, they could prompt a copyright infringement lawsuit.

Artwork 88

Artwork Copyright Infringement Copyright Art 88

BYU Copyright Blog

JANUARY 10, 2022

In October, we reported that Post University, a for-profit university located in Waterbury, Connecticut, filed a complaint claiming copyright infringement, trademark infringement, violations of the DMCA, and related violations of law by online service provider Course Hero.

Copyright Infringement 98

Copyright Infringement Copyright Derivative Work Fair Use 98

IP Intelligence

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § But the existence of commercialism and website advertisements is not, and should not be, a death knell for a successful fair use defense.

Fair Use 52

Fair Use Advertising Advertising Copyright 52

TorrentFreak

FEBRUARY 20, 2022

Depending on opinion, the Watch Tower Bible and Tract Society, the supervising body and publisher for the Jehovah’s Witness religious group, either doesn’t like criticism, dislikes copyright infringement, or hates both. ” Fair Use Considerations. Overall then, the first factor weighs in favor of fair use.

Fair Use 107

Fair Use Copyright Infringement Copyright Publishing 107

LexBlog IP

SEPTEMBER 30, 2022

Copyright protection automatically attaches to a work when it is created. Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Posting copyrighted images or photos on your website or social media.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Music is an artistic work which falls into the purview of copyright protection. However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. the original owner of the work, for using his work, commercially.

Copyright Infringement 40

Copyright Infringement Music Moral Rights Copyright 40

JD Supra Law

MAY 19, 2023

On May 18, 2023, the US Supreme Court, in a much-anticipated decision, held that portraits of the musician Prince by Andy Warhol do not constitute fair use under copyright law. The 7 – 2 decision in Andy Warhol Foundation for Visual Arts, Inc.

Fair Use 55

Fair Use Copyright Infringement Copyright Law Art 55

TorrentFreak

NOVEMBER 16, 2021

The company demanded damages under copyright law claiming that the team “willfully and maliciously” copied, adapted and distributed its source code and other content without permission. Affirmative Defense – Fair Use. The doctrine of fair use bars the relief sought by Plaintiff,” the response adds.

Fair Use 145

Fair Use Copying Copyright Copyright Law 145

Above the Fold

MAY 22, 2023

Last week, in a 7–2 decision authored by Justice Sotomayor, the Supreme Court ruled that a 1984 work by artist Andy Warhol, portraying world-renowned singer Prince against an orange background (the “Orange Prince series”), infringed on the copyrights held by rock photographer Lynn Goldsmith.

Fair Use 52

Fair Use Copyright Infringement Art Music 52

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.

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Copying 52

JD Supra Law

MAY 22, 2023

Years later, Goldsmith granted a limited one-time use license for Vanity Fair to use one of her photos of Prince as an “artistic reference for an illustration.” In 1981, Lynn Goldsmith was commissioned by Newsweek to photograph Prince. The illustration was Andy Warhol’s portrait of Prince known as “Purple Prince.”

Fair Use 52

Fair Use Copyright Infringement Artwork Copyright 52

JD Supra Law

OCTOBER 7, 2022

On Wednesday, October 12, 2022, at 10 a.m. EDT, the Supreme Court of the United States will hear oral arguments in The Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith, No. Milliken, a director in Sterne Kessler’s Trial & Appellate Practice Group, will be live-tweeting updates from the firm’s account, @sternekessler.

Fair Use 98

Fair Use Copyright Infringement Copyright Art 98