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 124

Plagiarism Fair Use Copying Copyright Infringement 124

Plagiarism Today

JANUARY 18, 2024

The Copyright Claims Board is seeing a sharp rise in contested cases, here's four of the latest and most interesting to receive a response. The post 4 More Contested Cases Before the Copyright Claims Board appeared first on Plagiarism Today.

Copyright 222

Copyright Plagiarism Fair Use Music 222

Plagiarism Today

APRIL 20, 2023

In September, we looked at four Copyright Claims Board cases to watch. The post Update: 4 Copyright Claims Board Cases to Watch appeared first on Plagiarism Today. Now we're revisiting them and seeing what's happened with them.

Copyright 178

Copyright Plagiarism Fair Use Trademark 178

LexBlog IP

MAY 24, 2023

Warhol’s use of Prince’s photo (taken by Lynn Goldsmith) was not entitled to fair use. The Court found that Goldsmith’s earlier photo and Andy Warhol’s use served the same commercial purpose – as a magazine illustration. I am not so sure. Take a look a the illustration above.

Fair Use 52

Fair Use Artwork Intellectual Property Copyright Law 52

Plagiarism Today

MAY 15, 2023

Court denies Grande Communications a new trial, Richard Prince suffers fair use setback, and the case against GitHub moves forward. The post 3 Count: Not Astounding appeared first on Plagiarism Today.

Fair Use 198

Fair Use Plagiarism Art Copyright 198

Plagiarism Today

FEBRUARY 5, 2024

However, it has many copyright watchers scratching their heads. The post Why The Kat Von D Ruling is Confusing appeared first on Plagiarism Today. Recently, Kat Von D won a key jury verdict in a trial over a tattoo.

Plagiarism 246

Plagiarism Copyright Fair Use Art 246

Plagiarism Today

SEPTEMBER 23, 2021

If you’ve had any issues with copyright over the past few years, whether you are on YouTube, Facebook or even operating your own website, it’s probable that your issue didn’t start with a human, but with a bot. According to YouTube, their automated Content ID system handles over 98% of copyright issues on the site.

Copyright 269

Copyright Fair Use Copyright Law Law 269

Plagiarism Today

OCTOBER 4, 2022

This prompted Alexander to file a lawsuit against Take-Two, claiming copyright infringement of her work. He called an earlier decision in the case one of the 5 worst copyright decisions in 2020 and, with the jury verdict, called it a loss for bodily autonomy and free speech. Instead, she only won actual damages totaling $3,750.

Copyright 197

Copyright Fair Use Licensing Copyright Infringement 197

Plagiarism Today

NOVEMBER 18, 2021

1: ‘GTA’ Reverse-Engineer Modders Defend Projects as Under “Fair Use”. First off today, Will Nelson at NME reports that video game modders are fighting back against a lawsuit filed by Rockstar Games claiming that their fan-created mods are a fair use, not a copyright infringement.

Fair Use 200

Fair Use Plagiarism Editing Copyright Infringement 200

Plagiarism Today

SEPTEMBER 15, 2021

Yesterday, news broke that Pearson Education, the largest publisher of textbooks in the world, has filed a lawsuit against the website Chegg alleging widespread copyright infringement of its content on the site. As a result, Pearson is suing Chegg alleging copyright infringement. Questions, Answers and Copyright.

Copyright Infringement 227

Copyright Infringement Copyright Derivative Work Fair Use 227

Plagiarism Today

SEPTEMBER 2, 2022

1A few weeks ago, we took a look at the first 100 cases filed with the Copyright Claims Board (CCB), the recently launched copyright small claims court in the United States. The case is important for one simple reason: It easily could have been a “normal” copyright infringement case. There, we noticed several patterns.

Copyright 241

Copyright Cease and Desist Copyright Infringement Fair Use 241

Plagiarism Today

JANUARY 11, 2024

News organizations testify before Senate against AI, Google sees DMCA takedown surge and Pink Floyd releases recordings to protect copyright. The post 3 Count: DMCA Surge appeared first on Plagiarism Today.

Plagiarism 167

Plagiarism Copyright Fair Use 167

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

Fair Use 52

Fair Use Art Licensing Derivative Work 52

Plagiarism Today

MARCH 18, 2024

The post 3 Count: Finally Over appeared first on Plagiarism Today. Andy Warhol foundation settles with Lynn Goldsmith, publishers answer appeal in Internet Archive case and Richard Liebowitz disbarred.

Plagiarism 230

Plagiarism Publishing Fair Use Copyright 230

Plagiarism Today

MARCH 28, 2024

The post 3 Count: Tiger King 2024 appeared first on Plagiarism Today. Appeals Court revives Tiger King lawsuit, lawsuit over The Batman is dismissed and Tekken modders targeted with takedowns.

Plagiarism 214

Plagiarism Fair Use Copyright 214

Plagiarism Today

AUGUST 17, 2022

Copyright Office Argues Warhol’s Use of Prince Photo Was Not ‘Fair Use’. The Warhol estate has attempted to argue that the new paintings were highly transformative and should be considered a fair use. 3: Copyright Act Helps Astro to Tackle Illegal TV Boxes, Content Distributors Issue.

Fair Use 183

Fair Use Copyright Plagiarism Reporting 183

Plagiarism Today

AUGUST 16, 2022

Copyright Infringement Verdict Against Vimeo Stands on Appeal. 2: Piaggio Loses EU Legal Battle Over Scooter Copyright. Piaggio has long claimed that Kumpan’s electric scooter is both a copyright and a trademark infringement of their design. 3: Warhol’s Images of Prince: Social Commentary or Copyright Infringement?

Fair Use 188

Fair Use Copyright Infringement Plagiarism Intellectual Property 188

Plagiarism Today

MAY 31, 2022

1: Pinterest Prevails in Photography Copyright Dispute. However, the court has ruled that Pinterest is protected by the Digital Millennium Copyright Act (DMCA), which protects services that host content uploaded by users. 2: Amendment Passes to Grant Teachers Fair Use of Copyrighted Work Remotely.

Fair Use 194

Fair Use Reporting Plagiarism Copyright 194

Plagiarism Today

OCTOBER 26, 2021

As we’ve discussed in the past , copyright has played an oddly oversized role in our modern Halloween festivities. However, one of the areas that is generally less talked about is copyright’s impact on Halloween costumes. Copyright and Halloween Costumes. Copyright Office. However, copyright is only half the picture.

Copyright 231

Copyright Trademark Cease and Desist Copying 231

Plagiarism Today

JANUARY 24, 2024

The post 3 Count: Tattoo Trial appeared first on Plagiarism Today. Trial in Kat Von D tattoo case begins, Uniqlo sues Shein in Japan and Palworld modders earn Nintendo's wrath.

Plagiarism 225

Plagiarism Fair Use Copyright 225

Plagiarism Today

FEBRUARY 7, 2024

The post The First Major Impact of the Warhol Ruling appeared first on Plagiarism Today. The Fourth Circuit Court of Appeals has just handed down a ruling that highlights how much of a shift the SCOTUS Warhol ruling is causing.

Plagiarism 224

Plagiarism Fair Use Art Copyright Law 224

Plagiarism Today

MAY 23, 2023

The post What the Warhol Ruling May Mean for AI appeared first on Plagiarism Today. The Andy Warhol ruling is less than a week old, but the Supreme Court may have just shaken the world of artificial intelligence to its core.

Plagiarism 358

Plagiarism Fair Use Copyright 358

Plagiarism Today

DECEMBER 19, 2023

The post 3 Count: Did Not Pass appeared first on Plagiarism Today. Amazon/Tolkien estate win fan fiction lawsuit, the EU declines to geofence film content, and the Internet Archive files an appeal in book case.

Plagiarism 249

Plagiarism Fair Use Publishing Copyright 249

Plagiarism Today

AUGUST 25, 2021

In April of this year, the Supreme Court dropped a potential bombshell on the copyright world with its ruling in the Google v. The case looked at how Google used Java APIs in their Android mobile operating system as a way to make it easier to port existing programs (and programmers) over to it. Oracle case. At least not broadly.

Fair Use 239

Fair Use Copyright Plagiarism Music 239

Plagiarism Today

OCTOBER 23, 2023

The post Axanar Creator Faces New Legal Threat appeared first on Plagiarism Today. Axanar creator Alec Peters is facing fresh legal peril as CBS and Paramount seek to enforce a $300,000 arbitration judgement against him.

Plagiarism 249

Plagiarism Fair Use Art Copyright Law 249

Plagiarism Today

JANUARY 29, 2024

The post 3 Count: Substantially Unsimilar appeared first on Plagiarism Today. Kat Von D wins tattoo trial, Richard Prince settles dispute with photographers and Ironmace gets win in Dark and Darker case.

Plagiarism 191

Plagiarism Fair Use Copyright 191

Plagiarism Today

JULY 8, 2021

She says that text and data mining is not a copyright infringement and that, since an AI cannot produce a copyright-protected work, its output cannot be an infringement. According to the court, Google’s use was transformative enough to be a fair use. Is it so short that its use is a fair use?

Copyright 195

Copyright Fair Use Copyright Infringement Copying 195

Plagiarism Today

APRIL 12, 2023

The post The Case Against Roy Lichtenstein appeared first on Plagiarism Today. A recent documentary about Roy Lichtenstein looks at his appropriations. Was he an artistic genius, a plagiarist, or both?

Plagiarism 230

Plagiarism Fair Use Copyright Infringement Art 230

Plagiarism Today

OCTOBER 5, 2021

1: ‘Friday the 13th’ Writer Wins Appeal in Copyright Termination Case. First off today, Brian Welk at The Wrap reports that a judge has granted copyright termination for the film Friday the 13th, allowing both the writer, Victor Miller, from the film’s producer/director, Sean S. Let me know via Twitter @plagiarismtoday.

Fair Use 197

Fair Use Licensing Copyright Infringement Music 197

Plagiarism Today

OCTOBER 11, 2022

1: Justices to Consider Whether Warhol Image is “Fair Use” of Photograph of Prince. Goldsmith, a case that is expected to be a rare moment of the high court ruling on an issue of fair use. Goldsmith sued, saying that this use far exceeded the agreement that they made. Have any suggestions for the 3 Count?

Fair Use 174

Fair Use Reporting Licensing Plagiarism 174

Plagiarism Today

FEBRUARY 21, 2022

1: Judge: Jehovah’s Witness Parodies Are Fair Use. First off today, Andy Maxwell at Torrentfreak writes that Watch Tower, is pushing ahead with a copyright infringement lawsuit against YouTuber “Kevin McFree” (not his real name) in hopes of revealing the YouTuber’s real name. Watch Tower: So What?

Copyright Infringement 177

Copyright Infringement Fair Use Copyright Plagiarism 177

IP and Legal Filings

JUNE 12, 2023

It may be expressed in any artistic medium, and may not necessarily critique the work in itself – sometimes, it may also be used to criticize or highlight the theme, author, doctrine, philosophy, ideals, or even a particular subject. Parody is often taken as a defence in trademark infringement suits. In the case of Pepsi Co v. s commercial.

Copyright Law 85

Copyright Law Copyright Law Copyright Infringement 85

Plagiarism Today

OCTOBER 13, 2022

Supreme Court Tackles Andy Warhol Copyright Dispute. In 1984, Lynn licensed one of her photographs of the musician Prince to be converted into a painting by Warhol for Vanity Fair magazine. However, after Prince died in 2016, it was revealed that Warhol actually made an additional 14 prints using the photograph.

Cease and Desist 183

Cease and Desist Copyright Infringement Licensing Fair Use 183

Plagiarism Today

OCTOBER 3, 2022

After those tattoos appeared in the WWE 2K game series, she sued Take-Two Interactive for copyright infringement. That case, after many stops and starts, went to trial last week with the jury awarding victory to Alexander, saying that Take-Two’s use of the tattoos was not a fair use.

Licensing 168

Licensing Copyright Fair Use Plagiarism 168

Plagiarism Today

AUGUST 16, 2023

The post xQc and the 2023 Reaction Video Controversy appeared first on Plagiarism Today. Streamer and YouTuber xQc is under fire for his reaction videos. Here's why it's not the first such battle and why this may be different.

Plagiarism 203

Plagiarism Fair Use Copyright Infringement Copyright Law 203

Plagiarism Today

AUGUST 28, 2023

The post 3 Count: Non-Roaming Buffalo appeared first on Plagiarism Today. Buffalo artist targets local companies over mural images, Nintendo Switch to get DRM and BMI sale just a rumor, for now.

Plagiarism 189

Plagiarism Fair Use Art Music 189

Plagiarism Today

APRIL 19, 2022

The move comes at the behest of Disney, who claimed that the site was infringing their copyright by operating the unauthorized clone. 2: Newsweek Settles Copyright Fight Over Instagram Embedding. The court, in this case, rejected the test as well as Newsweek’s fair use arguments.

Social Media 197

Social Media Settlement Fair Use Plagiarism 197