SpicyIP

APRIL 15, 2024

The authors are third year students at the Hidayatullah National Law University, Raipur. Training GenAI: Infringement or Fair Use? This method involves the feeding of a large amount of data, including copyrighted works. Whether the Process of TDM Amounts to Copyright Infringement? In Authors’ Guild v. Google Inc.

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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.

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IPilogue

MAY 26, 2022

Raenelle Manning is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Moten, a Texas pastor, filed a copyright infringement lawsuit against rapper Kanye West for incorporating a sample recording of his religious sermon into one of his songs. The fair use defence is rarely used in music sampling cases.

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Creative Law Center

APRIL 10, 2021

Fair use guidelines are evolving. The post New Fair Use Guidelines: the Defense Narrows appeared first on Creative Law Center. You can't just slap your style on someone else's creative work and call it transformative.

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TorrentFreak

DECEMBER 9, 2021

The 634K-subscriber YouTube channel ‘Totally Not Mark’ is in peril this morning after what can be described as a copyright takedown blitz by Japan-based animation company Toei. ” Earlier this week Mark received an email saying that 15 of his videos had been copyright claimed by Toei.

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Kluwer Copyright Blog

APRIL 8, 2024

Image by Gerd Altmann from Pixabay The sweeping evolution of generative AI models is rapidly reshaping the legal landscape of copyright. But the rapid spread of generative AI models, the latest evolution of copy-reliant technology, has posed another set of challenges to copyright.

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IP Watchdog

DECEMBER 12, 2021

Court of Appeals for the Second Circuit holding that Andy Warhol’s Prince Series did not constitute fair use of Lynn Goldsmith’s photograph. The Second Circuit held in March that “the district court erred in its assessment and application of the fair-use factors and the works in question do not qualify as fair use.”

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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.

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JD Supra Law

APRIL 11, 2024

Addressing copyright fair use in the wake of the Supreme Court’s recent guidance in Warhol, the US Court of Appeals for the Tenth Circuit partially reversed the district court’s grant of summary judgment in favor of the defendants. By: McDermott Will & Emery

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The IP Law Blog

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. She emphasized that both uses were commercial in nature, making them substantially similar in purpose.

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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).

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JD Supra Law

SEPTEMBER 15, 2023

The increasing sophistication of generative artificial intelligence (AI) has had widespread effects on fields ranging from art and film to law and healthcare. What is the proper scope of copyright protection for generative AI outputs?

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Dear Rich IP Blog

JANUARY 9, 2023

May I use it? Is it public domain or fair use? Although state and local police are not prohibited from claiming copyright in their photos the answer depends on the state where the police department is located. BTW, photos by federal law enforcement are public domain. Public domain? What to do?

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IP Law 360

MARCH 22, 2023

A Tenth Circuit panel had tough questions on Wednesday for Netflix over whether copyright law's fair use protections cover the streaming giant's hit show "Tiger King" and its use of YouTube video footage that showed the funeral of Travis Maldonado, the husband of the show's star, Joe Exotic.

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Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. Definition. Indian Perspective.

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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

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JD Supra Law

MAY 22, 2023

Supreme Court issued a long-awaited ruling clarifying one element of the Copyright Act’s fair use doctrine. The Court held that because both Warhol’s art and the Petitioner’s photograph were used with magazine articles about Prince, the purpose and character of both works were the same. On May 18, 2023, the U.S.

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JD Supra Law

NOVEMBER 13, 2023

On September 25, 2023, a United States Circuit Judge determined that fact questions surrounding issues of fair use and tortious interference required a jury to decide media conglomerate Thomson Reuters’s lawsuit against Ross Intelligence, a legal-research artificial intelligence (AI) startup. By: Farella Braun + Martel LLP

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Intellectual Property Law Blog

JUNE 5, 2023

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use. 107), “when it conveys a different meaning or message from its source material.”

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Kluwer Copyright Blog

JUNE 5, 2023

Supreme Court agreed to review the Second Circuit’s ruling that Andy Warhol’s series of colorful prints and drawings of Prince were not transformative fair uses of Lynn Goldsmith’s photograph (for a previous comment on this case, see here ). Goldsmith, 11 F.4th 4th 26 (2d Cir. 2021) (available here ) In March 2022 the U.S.

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JD Supra Law

FEBRUARY 28, 2024

Court of Appeals for the Fourth Circuit issued a copyright fair use decision in a photograph infringement case that is noteworthy for a number of reasons. Those who plan to use photos based on a fair use defense should take heed of this decision. On February 6, 2024, in Philpot v. By: Venable LLP

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SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression?

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Technology & Marketing Law Blog

FEBRUARY 12, 2024

Larry Philpot is a repeat copyright plaintiff. This is what I call a “commercial editorial use”–ad-supported editorial content. Courts routinely split on whether commercial editorial use is commercial for fair use purposes. IJR appeared first on Technology & Marketing Law Blog.

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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.

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JD Supra Law

FEBRUARY 16, 2024

The US Court of Appeals for the Fourth Circuit concluded that the copyright on a photograph of an entertainment icon was the subject of a valid copyright registration and that use of the photograph in an article missing the author’s required attribution language was not otherwise “fair use.”

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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).

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JD Supra Law

MAY 22, 2023

Supreme Court ruled 7-2 in favor of the respondent copyright holder in Andy Warhol Foundation for the Visual Arts, Inc. Lynn Goldsmith et al., By: Skadden, Arps, Slate, Meagher & Flom LLP

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JD Supra Law

JUNE 26, 2023

One of the most impactful copyright law issues of our time is whether the unauthorized use of copyrighted materials as training data for generative artificial intelligence (GenAI) models is protected fair use under the Copyright Act. A substantive ruling on this issue could arrive soon.

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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.

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JD Supra Law

APRIL 13, 2022

It is no exaggeration to characterize Warhol Foundation as the most important fair use case to come before the Supreme Court since 1994, and more than reasonable to posit that. Goldsmith, Case No. 21-869, in which the U.S. Supreme Court just granted certiorari. By: Dorsey & Whitney LLP

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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. Watch Tower doesn’t care.

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The Illusion of More

FEBRUARY 23, 2022

Fair Use Week. I still don’t know why this doctrine in copyright law should be observed on the calendar, let alone for a whole week carved out of Black History Month. But in 2013, some anti-copyright ideologues thought it should be a thing, so now it’s a thing. […]. Well, here we are again. Ninth annual.

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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.

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IP Law 360

MAY 12, 2022

A sketch comedy group on Thursday successfully convinced a New York federal judge that its play "Vape: The Musical" is a parody of the film version of the musical "Grease" and is therefore protected under copyright law's fair use doctrine.

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TorrentFreak

SEPTEMBER 29, 2021

The furious British singer-songwriter responded by filing a lawsuit in a New York court, arguing that since Trump had not obtained permission to use the song, its use was an act of blatant copyright infringement. First up, the purpose and character of the use. Nature of the Work, Amount of Use.

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JD Supra Law

SEPTEMBER 18, 2023

holding that non-commercial use of standards incorporated by reference into law is fair use and not copyright infringement. On September 12, 2023, the Court of Appeals for the District of Columbia issued its opinion in American Society for Testing and Materials (ASTM) v. Public.Resource.Org, Inc.,

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The Illusion of More

JUNE 8, 2023

Goldsmith, she stated the following: If Warhol had used Goldsmith’s photo to comment on or critique Goldsmith’s photo, he might have availed himself of that factor’s benefit (though why anyone would be interested in that work is mysterious).

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