IP Watchdog

FEBRUARY 8, 2024

Independent Journal Review reversing a ruling that an online reproduction of a photograph of singer-songwriter Ted Nugent constituted fair use. Court of Appeals for the Fourth Circuit issued an opinion in Philpot v.

Fair Use 105

Fair Use Journalism Registration Copyright 105

TorrentFreak

MAY 1, 2024

In this case, eight major news publications are suing OpenAI and Microsoft for copyright infringement. In addition, ChatGPT can recall large parts of their copyright-protected articles, which effectively bypasses their paywalls. The plaintiffs show that ChatGPT can reproduce content from copyrighted news articles when prompted.

Copyright Infringement 86

Copyright Infringement Copyright Publishing Copying 86

Technology & Marketing Law Blog

FEBRUARY 24, 2022

[I published this post initially on the Association of Research Libraries blog in celebration of Fair Use Week 2022. Bloggers play an increasingly important role in the research ecosystem, especially as investigative journalism has declined. Fair use is supposed to protect research bloggers in these circumstances.

Fair Use 59

Fair Use Publishing Copyright Infringement Journalism 59

Chicago-Kent Intellectual Property Journal Blog

NOVEMBER 4, 2021

All [four statutory factors] are to be explored, and the results weighed together, in light of the purposes of copyright.’”[1] 1] The fair use defense in copyright law is very flexible … The post Two Kinds of Fair Use: The Unintended Effect of Google v.

Fair Use 40

Fair Use Journalism Intellectual Property Copyright Law 40

The IP Law Blog

JULY 22, 2021

There seems to be a belief that police service, when paired with a musical interlude, will prevent a recording of the interaction from being posted on social media due to algorithms that detect and remove videos incorporating copyrighted music (among other types of content).

Music 104

Music Fair Use Copyright Reporting 104

IP and Legal Filings

FEBRUARY 15, 2023

The availability of a large variety of information has also increased the risk of Copyright Infringement due to its easy accessibility and dissemination. This has led to varying degrees of copyright infringements in this digital era.

Copyright Law 91

Copyright Law Copyright Law Social Media 91

Intepat

JANUARY 8, 2024

New York Times alleges that this unauthorised use of articles infringes on their copyright and threatens its business model by diverting web traffic from its site. 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.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

TorrentFreak

FEBRUARY 27, 2024

.” ‘Hired Guns Don’t Stop Evolving Technology’ The OpenAI defendants continue their motion to dismiss by noting that AI is yet another technical evolution that will change the world, including journalism. However, OpenAI notes that the suggestion that its activities threaten journalism is overblown, or even fiction.

Fair Use 119

Fair Use Journalism Reporting Technology 119

Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. Fair Use Precedent?

Fair Use 137

Fair Use Copyright Moral Rights Copyright Law 137

Copyright Lately

AUGUST 22, 2021

Recent decisions suggest courts are losing patience with those who bring dubious copyright infringement claims as part of their business models. Back in May, I wrote about an overzealous copyright infringement lawsuit filed by Rachel Dolezal , the woman best known for mispresenting her racial background.

Copyright 89

Copyright Fair Use Settlement Designs 89

Patently-O

JANUARY 4, 2024

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. HLG ultimately filed suit for copyright infringement.

Plagiarism 122

Plagiarism Fair Use Copying Copyright Infringement 122

IP Law 360

AUGUST 24, 2022

s copyright infringement suit accusing him of unlawfully copying and distributing thousands of news articles from The Wall Street Journal, arguing that his actions are protected under fair use. A prominent investment manager has asked a Texas federal judge to dismiss Dow Jones & Co.'s

Fair Use 75

Fair Use Journalism Copyright Infringement Copying 75

TorrentFreak

JUNE 30, 2023

The new technology also brings up novel copyright questions. Several rightsholders are worried that their work is being used to train AI without any form of compensation, for example. How these and other copyright questions will be dealt with is not entirely clear. Meanwhile, rightsholders don’t intend to stand idly by.

Copyright Infringement 141

Copyright Infringement Fair Use Copyright Journalism 141

Patently-O

AUGUST 31, 2021

The focus of the case is copyrightability of the SAS statistical software and its outputs. 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. Copyright Alliance Brief – Supporting SAS.

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

IPilogue

DECEMBER 7, 2021

There is no copyright in facts and historical events; however, writers can claim copyright in their letters if they are sufficiently original. While this alone is not sufficient to give rise to a claim for copyright infringement, Dorland and the protagonist do express similar sentiments.

Copyright Infringement 111

Copyright Infringement Art Copyright Cease and Desist 111

Plagiarism Today

OCTOBER 25, 2021

1: Nirvana Beats T-Shirt Copyright Lawsuit Involving Dante’s ‘Inferno’ First off today, Bill Donahue at Billboard reports that members of the band Nirvana have emerged victorious in a battle over their iconic Dante’s Inferno shirt, even if it is likely not the final word on the case.

Music 193

Music Publishing Fair Use Journalism 193

LexBlog IP

JULY 22, 2021

There seems to be a belief that police service, when paired with a musical interlude, will prevent a recording of the interaction from being posted on social media due to algorithms that detect and remove videos incorporating copyrighted music (among other types of content).

Music 52

Music Fair Use Copyright Reporting 52

Velocity of Content

OCTOBER 9, 2023

From Large Language Models (LLMs) to other research-based applications, AI technologies rely on millions of books, scholarly journals, and other curated publications. Responsibly using these works is a foundational part of the discussion. The post CCC Town Hall Preview With Bruce Rich appeared first on Copyright Clearance Center.

Licensing 52

Licensing Fair Use Journalism Copyright Law 52

Kluwer Copyright Blog

SEPTEMBER 11, 2023

It involves several IP rights, some of which overlap in some cases: copyright, trademarks, patents, trade secrets/confidential information, and the right of publicity (and similar rights with different names). Copyright 1. Fair use in US ( Google Books but reuse pattern different here. Fair dealing c.

IP 120

IP Derivative Work Intellectual Property Art 120

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 52

Copyright Journalism Art Business 52

IP and Legal Filings

JANUARY 13, 2023

Copyright infringement and De Minimis are often replaced to complement each other. However, de minimis is sometimes used as a defence in a copyright lawsuit. More often than not, the lawsuits filed for copyright infringement are cases of de minimis and thereto, get dismissed on the anvil of frivolity. INTRODUCTION.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

SpicyIP

FEBRUARY 17, 2023

In the context of certain questions that arose in the proceedings, Tanvi then brings up an interesting hypothetical i.e. what if the defendants had challenged the ownership of the copyright early on, instead of the attempt to amendment later on. Tanvi is a second-year student pursuing BA LLB at the National University of Juridical Sciences.

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

Art 52

Art Artwork Intellectual Property Copyright Law 52

Likelihood of Confusion

MAY 18, 2023

Mack Reed puts his finger on it — almost — in the Online Journalism Review: The Web has made unauthorized propagation of information — whether copyrighted or not — instantaneous. The post Publishers vs. YouTube appeared first on LIKELIHOOD OF CONFUSION™.

Publishing 52

Publishing Journalism Copyright Fair Use 52

Likelihood of Confusion

JULY 30, 2022

The New York Law Journal reports online (registration required) that the Southern District of New York has, thankfully, put a rare brake on the copyright rent grab. The defendant, Dorling. The post Grateful Defendant appeared first on LIKELIHOOD OF CONFUSION™.

Journalism 52

Journalism Registration Reporting Copyright 52

Copyright Lately

MAY 1, 2023

If you’ve been glued to news coverage of the Ed Sheeran trial for the past two weeks, you may have missed an even bigger story from the world of music copyright. From a copyright perspective, these particular tracks are clearly derivative of both the original sound recordings and the underlying musical compositions.

Music 87

Music Copyright Copying Copyright Law 87

The IPKat

JULY 15, 2023

International Copyright Issues and Artificial Intelligence is a webinar organized by the U.S. Copyright Office on July 26, 2023 , as part of an initiative to examine copyright law and policy issues raised by AI technology. Registration and more information can be found here. You can register here. Goldsmith Opinion [case no.

Cinema 52

Cinema Intellectual Property Intellectual Property Law IP 52

SpicyIP

NOVEMBER 17, 2023

This liberty to benefit from one’s intellectual creation gives rise to a bundle of rights related to intellectual property, including, Patents, Copyrights, Trademarks, Geographical Indications, among others. Comprehend the concept, rationale, and significance of Patents, Copyrights and Trademarks.

Intellectual Property 105

Intellectual Property Technology IP Registration 105

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Technology & Marketing Law Blog

AUGUST 29, 2022

The Constitutionality of Mandating Editorial Transparency , 73 Hastings Law Journal 1203 (2022). How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. A First Look at Copyright Claims Board (CCB) Filings. Comments on the Very Dumb “SMART Copyright Act”). Blog Posts.

Editing 88

Editing Social Media Blogging Advertising 88

43(B)log

JUNE 26, 2023

16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. The key question is, of course, how far copyright will go to interfere with that artistic continuity.) Um, is that even something you can count in copyright? 7411 (KPF) (S.D.N.Y. to 12:00 a.m.

Social Media 59

Social Media Copying Fair Use Advertising 59

IIPRD

JANUARY 28, 2023

In the case of electronic information, it is difficult to judge “fair use,” gain access to, and maintain control over the infringement of copyright law. It is extremely difficult for a person who owns copyrights to identify the individual who has used their work. National Journal of Cyber Security Law , 5 (1). [1]

Privacy 52

Privacy Government Intellectual Property Fair Use 52

Technology & Marketing Law Blog

AUGUST 1, 2023

Instead, Hunley and Brauer filed a class-action lawsuit against Instagram, alleging that Instagram was vicariously liable for, or was liable for encouraging or contributing to, the alleged direct infringement by others, by providing an “embedding” tool that easily could be used to facilitate public display of their photos. 94-1476, at 159-60.

Blogging 95

Blogging Copying Social Media Copyright 95

43(B)log

SEPTEMBER 2, 2021

Use of a mark, even a well-known mark, isn’t explicitly misleading if it only implicitly suggests endorsement or sponsorship. The recent Dr. Seuss case found that Rogers applied even when the defendant’s work was not a copyright fair use, and the work used Seussian font, Seussian illustration style, and a similar title.

Fair Use 88

Fair Use Journalism Music Registration 88

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. HathiTrust, 755 F.3d

Copyright 122

Copyright Social Media Publishing Licensing 122

Velocity of Content

JANUARY 31, 2023

I don’t find this argument convincing given the ability today to license many content types at scale for TDM, including images, music and yes, journal articles (See “Full disclosure” above), but it is an argument often offered by infringers. This practice creates a single point of contact for uses that may not fit within the CC lines.

Licensing 98

Licensing Fair Use Journalism Publishing 98

Likelihood of Confusion

DECEMBER 22, 2023

Free (and apolitical) IP advice for bloggers over at Right Wing News. Originally posted 2010-07-29 22:57:01. Republished by Blog Post Promoter The post And worth every penny! appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 80

Blogging IP Fair Use Journalism 80