Copyright, Fair Use and Public Domain - Intellectual Property Pulse

Police Photo: Public Domain or Fair Use?

Dear Rich IP Blog

JANUARY 9, 2023

May I use it? Is it public domain or fair use? Public domain? 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

Public Domain Fair Use Privacy Publishing

Authors: OpenAI’s Fair Use Argument in Copyright Dispute is Misplaced

TorrentFreak

SEPTEMBER 28, 2023

The new technology also brings up novel copyright issues. For example, several rightsholders are worried that their work is being used to train and exploit AI without any form of compensation. The only claim that wasn’t contested by OpenAI is direct copyright infringement, which the company plans to address at a later stage.

Fair Use

Fair Use Copyright Copyright Infringement Derivative Work

Fair Use for Documentaries in US Copyright Law: Brown v Netflix

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

Fair Use Copyright Law Copyright Law

Controlled Digital Lending: A Copyright Analysis

IP and Legal Filings

JANUARY 16, 2024

The libraries use this concept of CDL justify the mass digitalization of copyright works digital versions of their legally obtained items and lending them to patrons in a controlled manner. This rule covers lending digital copies of copyrighted works, while works in the public domain can be freely digitized.

Copyright

Copyright Fair Use Public Domain Copying

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Goldsmith counterclaimed for copyright infringement. 4] ), and issued a new decision in which it reached the same result. [5].

Fair Use

Fair Use Derivative Work Art Licensing

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith

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

Fair Use Art Licensing Derivative Work

HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

JIPL Online

MARCH 15, 2021

With more content comes the increased possibility that Netflix is engaging in copyright infringement and on the receiving end of copyright infringement claims. [1] 1] This blog will briefly summarize a few of the notable copyright infringement cases Netflix has defended against in the United States. SETTLEMENT CASES.

Copyright Infringement

Copyright Infringement Copyright Public Domain Derivative Work

U.S. Copyright Office Finds ‘Deep Disagreement’ on Anti-Piracy Measures

TorrentFreak

DECEMBER 21, 2022

lawmakers have considered options to update the DMCA so it can more effectively deal with today’s online copyright issues. Copyright Office’s Review and Conclusions. The Copyright Office also asked stakeholders whether it’s desirable to make certain standard technical measures mandatory for online platforms.

Copyright

Copyright Fair Use Public Domain Government

How to Use Song Lyrics in Your Fiction [INFOGRAPHIC]

Creative Law Center

MARCH 22, 2021

To use song lyrics in your fiction, you need to: (1) Use a song in the public domain; (2) Get permission; (3) Establish fair use ; or (4) Not do it. The post How to Use Song Lyrics in Your Fiction [INFOGRAPHIC] appeared first on Creative Law Center.

Public Domain

Public Domain Fair Use Law Copyright

Everyone Should Pay Attention to the USCO’s AI NOI

IP Intelligence

SEPTEMBER 20, 2023

What gets decided in the next six months to a year about artificial intelligence (AI) legislation, and regulatory action on copyrights and AI, will apply with equal force to AI uses in healthcare, energy and other industries as it does to a consumer using Midjourney to make a birthday card. 30, the U.S.

Fair Use

Fair Use Public Domain Copyright Ownership

Should Copyrights, like Trademarks, Never Expire? – An Angry Author Offers a Convincing Argument

IP Close Up

DECEMBER 20, 2022

He is also on a mission to keep the content he and others create out of the public domain. Mark Helprin is a successful novelist. Continue reading.

Public Domain

Public Domain Trademark Copyright Fair Use

2019 is a Huge Year for Public Domain Art

Art Law Journal

JANUARY 15, 2019

On Jan 1, 2019, we not only ushered in a new year but also an unprecedented amount of creative works entering the public domain. Steve Schlackman.

Public Domain

Public Domain Art Fair Use Copyright

No, the Federal Circuit Did Not Just Kill Off Software Copyrights – Knock It Off

IP Intelligence

APRIL 18, 2023

Many people were disappointed when the most-watched copyright case of the past 10 years, Oracle’s lawsuit against Google over Google’s copying Java application programming interface (API) code, failed to yield better guidance on the scope of copyright protection for computer programs. Many Internet pundits have interpreted Oracle v.

Copyright

Copyright Fair Use Copying Public Domain

The US and Italy set precedents in copyright and art

Olartemoure Blog

MAY 26, 2023

This incident has ignited a broader debate concerning the utilization of public domain artworks for commercial purposes. The Supreme Court ruled that the use and modification of photographs solely for commercial purposes does not qualify as fair use and therefore constitutes a violation of copyright law.

Art

Art Copyright Public Domain Copyright Law

The Copyright Legacy of Martin Luther King

Copyright Lately

JANUARY 13, 2023

had a dream—and a copyright. The answer, my friends, is copyright. Yes, in addition to being a noted clergyman and civil rights leader, Dr. King was a copyright litigant. The New York Times reported on Dr. The New York Times reported on Dr. Martin Luther King’s copyright lawsuit over “I Have a Dream” in 1963.

Copyright

Copyright Public Domain Copyright Notice Copying

45 Years Ago Today, a New US Copyright Act Became the Law of the Land

Velocity of Content

OCTOBER 19, 2021

The Copyright Act of 1976 became Public Law number 94-553 on October 19, 1976 and went into effect (as scheduled) as Title 17 of the United States Code on January 1, 1978. The new Copyright Act was the fourth general revision of copyright law since the original Act of 1790. Today is the 45th anniversary of that event.

Copyright

Copyright Law Fair Use Public Domain

If You Ask Your Friend to Take Your Photo Using Your Camera, Who Owns the Copyright?–Shah v. NYP

Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. We know that he doesn’t have any copyright in the photos just because he appears in them (that would be an Innocence of Muslims redux ).

Copyright

Copyright Fair Use Licensing Ownership

U.S. Copyright Office Consultation Triggers Massive “Upload Filter” Opposition

TorrentFreak

FEBRUARY 16, 2022

Late 2020, Senator Thom Tillis released a discussion draft of the “Digital Copyright Act” (DCA), which aims to be a successor to the current DMCA. This is a sensitive subject that previously generated quite a bit of pushback when the EU drafted its Copyright Directive.

Copyright

Copyright Fair Use Copyright Infringement Public Domain

The College Art Association Guide to Fair Use

Art Law Journal

OCTOBER 24, 2018

Fair use is a common art law issue that arises for artists. Here, we review the College Art Association's Code of Best Practices in Fair Use for the Visual Arts. Nicole Martinez.

Fair Use

Fair Use Art Art Law Law

Faith-Based Fair Dealing: Beware, New Exceptions Ahead (?)

Kluwer Copyright Blog

DECEMBER 17, 2023

For the last few months, I have been wondering if our belief in “fair dealing” (or broadly, “limitations and exceptions”) has silently slipped into our “faith” in it – a faith that demands complete surrender to it while blinding us to the harm it covertly causes to the public domain. What Fuels Faith in the First Place?

Fair Use

Fair Use Public Domain Copyright Litigation

Guest Book Review: The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity

The IPKat

JULY 22, 2021

Katfriend Dr Sabine Jacques , Associate Professor in IP, IT & Media law at the University of East Anglia and author of The Parody Exception in Copyright Law (OUP 2019), provides the follow review of The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity – by Martin Senftleben.

Trademark

Trademark Public Domain Copyright Cease and Desist

Copyright Fair Use for Education

IP and Legal Filings

MAY 3, 2024

Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. Understanding legal and fair use is especially important in academic settings because dissemination of information often requires the use of evidence.

Fair Use

Fair Use Copyright Privacy Copying

Reproducing a Photo of a Statue

Dear Rich IP Blog

MARCH 5, 2022

Dear Rich: As I understand copyright, if I visit a park and take a photo of a statute, I own the copyright to the photo and I can use it in a book. But if I open a magazine and take a photo of an illustration, I still own the copyright to the photo, but using it in a book would be a copyright violation.

Fair Use

Fair Use Public Domain Copyright Copyright Law

3 Count: Extrinsic vs. Intrinsic

Plagiarism Today

MAY 16, 2022

1: Supreme Court Leaves in Place Circuit Split Regarding Approach for Assessing Substantial Similarity in Copyrighted Works. 2: Judge Says ‘Vape’ Musical Parody May Go On as ‘Grease’ Copyright Claim Flops. 3: ComicMix To Publish Lost Dr Seuss Stories, Out Of Copyright. Have any suggestions for the 3 Count?

Cease and Desist

Cease and Desist Music Public Domain Publishing

Generative AI, Digital Constitutionalism and Copyright: Towards a Statutory Remuneration Right grounded in Fundamental Rights – Part 1

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). 11 and 13 EUCFR , 19 UDHR , 27.1 UDHR, and 15.1

Copyright

Copyright Art Copyright Law Licensing

Best practices to avoid copyright infringement

Biswajit Sarkar Copyright Blog

JULY 19, 2022

What is copyright infringement? Unauthorized use of a work protected by copyright is referred to as copyright infringement. Thus, it is the unauthorised use of someone else’s copyrighted work that violates the owner’s rights, such as the right to reproduce, distribute, exhibit, or perform the protected work.

Copyright Infringement

Copyright Infringement Copyright Public Domain Copying

Disney's Expiring Copyright Gives Rise to 'Famous Mouse' Token

LexBlog IP

SEPTEMBER 16, 2021

The public domain is, broadly speaking, a good thing for both consumers and creators, although the creators of the original work passing into the public domain might feel differently were they still alive to put up a fuss.

Copyright

Copyright Public Domain Fair Use Art

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Blogging

Blogging Copyright Contracts Cease and Desist

No, the Federal Circuit Did Not Just Kill Off Software Copyrights – Knock It Off

LexBlog IP

APRIL 18, 2023

Many people were disappointed when the most-watched copyright case of the past 10 years, Oracle’s lawsuit against Google over Google’s copying Java application programming interface (API) code, failed to yield better guidance on the scope of copyright protection for computer programs. million lines of code).

Copyright

Copyright Fair Use Copying Public Domain

INTERNET AND COPYRIGHT

IIPRD

SEPTEMBER 29, 2022

RIGHTS PROTECTED : Under this law Copyright law protects the copyright of authors, musicians, etc. Copyright is essentially a right to copy. Copyright is a term describing rights given to creators for their literary and artistic works. Image source:Gettyimages]. Within the case of CIT v.

Copyright

Copyright Intellectual Property Copying Music

Copyright Law and Copyright Infringement: All You Need To Know

Larson & Larson

JUNE 21, 2021

Copyright law provides a safeguard against copyright infringement. That being said, here is a brief elucidation of all you need to know about copyright and copyright infringement. That being said, here is a brief elucidation of all you need to know about copyright and copyright infringement.

Copyright Infringement

Copyright Infringement Copyright Law Copyright Law

Will They Sue Our Church for Infringement?

Dear Rich IP Blog

JUNE 16, 2020

If we are not making money off the videos (they are not monetized on YouTube and won't be), and we are a non-profit, is it a fair use of images to include pictures as long as I reference the source? Before we provide our standard fair use explanation, let's make a short risk analysis. Seek, and ye shall find.

Fair Use

Fair Use Public Domain Copyright Reporting

Federal Circuit Narrows Scope for Copyrighting Software Function

Patently-O

APRIL 6, 2023

by Dennis Crouch The copyright lawsuit between the data-software company SAS Institute and its scrappy copycat World Programming has been interesting to follow over the past several years, and the Federal Circuit has now issued a controversial opinion in the case. WPL , the Federal Circuit squarely addressed the copyrightability question.

Copyright

Copyright Copying Copyright Infringement Fair Use

Copyright Office Technical Measures Consultations

43(B)log

FEBRUARY 22, 2022

Designed to be freely available licensed or public domain; we occasionally use fair use images where no free image is available, such as when a famous work has been destroyed. Like most large websites that are not in the news every day, we receive very few copyright claims despite our size.

Copyright

Copyright Fair Use Music Licensing

Announcing the Winners of the 3rd Shamnad Basheer Essay Competition on IP Law!

SpicyIP

NOVEMBER 7, 2022

The author walks the reader through the standard IP tools of patents, copyrights and trademarks, noting the gaps in them in the Indian context, vis-a-vis dupes. Looking at the gaps and problems that this creates, the essay then answers its opening question in the negative, and instead suggests that such works are left to the public domain.

IP

IP Law Public Domain Music

Can Intellectual Property Rights Safeguard Your Blog?

Kashishipr

MAY 25, 2021

Copyright and Blogs. Copyright is a legal protection afforded to an original, creative literary, musical, or artistic work. However, the content must reflect an expression of something since ideas are not governed under copyright. Therefore, it is always an option to copyright the entire blog.

Intellectual Property

Intellectual Property Blogging Fair Use Registration

Why Netflix’s “Bridgerton” Lawsuit is Good for Fan Fiction

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. First, as far as copyright cases go, this one’s easy.

Music

Music Derivative Work Fair Use Cease and Desist

The Much-Adapted “Peter Pan” (1904 – Forever )

Velocity of Content

JUNE 8, 2022

All copyrights, except one, expire.*. Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about. Confused yet? Just wait.].

Derivative Work

Derivative Work Public Domain Copyright Fair Use

“Better Call Saul” Episode Sparks “Sweet” Trademark Infringement Lawsuit

IPilogue

SEPTEMBER 9, 2022

By adopting the unique narrative structure of its books and using the specific phrase “Choose Your Own Adventure Book,” Chooseco accused Netflix of willfully infringing its trademark and ultimately tarnishing the series’ child-friendly reputation. Photo retrieved from Tubefilter.

Trademark

Trademark Public Domain Television Fair Use

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

Fair Use

Fair Use Derivative Work Blogging Licensing

Nodal Officers: Unbalancing Expedience and Fairness

SpicyIP

NOVEMBER 10, 2023

A complaint has to be filed by the copyright owner or member of the public. If a complaint is raised by a person who does not hold the copyright or is not authorised by the copyright holder, the Nodal Officer can hold hearings on a case to case basis to decide the genuineness of the complaint before issuing the directions ( here ).

Copying

Copying Copyright Copyright Infringement Fair Use

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

DECEMBER 15, 2021

A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. The DMCA’s main counterbalance to copyright owner overreach was supposed to be 512(f).

Registration

Registration Fair Use Copyright Designs

Taking the Mona Lisa Effect from Illusion to Reality: Enhancing the Museum Experience with Augmented and Virtual Reality

JIPEL Copyright Blog

MARCH 9, 2022

Perhaps one of the most salient legal issues is whether there is copyright infringement or a violation of the Visual Artists Rights Act of 1990 (“VARA”) in the virtual modification (e.g., addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive.

Moral Rights

Moral Rights Fair Use Art Social Media

Using Orphan Works (Copyright Holder Can’t Be Located)

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

Copyright Journalism Art Business

Police Photo: Public Domain or Fair Use?

Authors: OpenAI’s Fair Use Argument in Copyright Dispute is Misplaced

Trending Sources

Fair Use for Documentaries in US Copyright Law: Brown v Netflix

Controlled Digital Lending: A Copyright Analysis

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith

HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

U.S. Copyright Office Finds ‘Deep Disagreement’ on Anti-Piracy Measures

How to Use Song Lyrics in Your Fiction [INFOGRAPHIC]

Everyone Should Pay Attention to the USCO’s AI NOI

Should Copyrights, like Trademarks, Never Expire? – An Angry Author Offers a Convincing Argument

2019 is a Huge Year for Public Domain Art

No, the Federal Circuit Did Not Just Kill Off Software Copyrights – Knock It Off

The US and Italy set precedents in copyright and art

The Copyright Legacy of Martin Luther King

45 Years Ago Today, a New US Copyright Act Became the Law of the Land

If You Ask Your Friend to Take Your Photo Using Your Camera, Who Owns the Copyright?–Shah v. NYP

U.S. Copyright Office Consultation Triggers Massive “Upload Filter” Opposition

The College Art Association Guide to Fair Use

Faith-Based Fair Dealing: Beware, New Exceptions Ahead (?)

Guest Book Review: The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity

Copyright Fair Use for Education

Reproducing a Photo of a Statue

3 Count: Extrinsic vs. Intrinsic

Generative AI, Digital Constitutionalism and Copyright: Towards a Statutory Remuneration Right grounded in Fundamental Rights – Part 1

Best practices to avoid copyright infringement

Disney's Expiring Copyright Gives Rise to 'Famous Mouse' Token

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

No, the Federal Circuit Did Not Just Kill Off Software Copyrights – Knock It Off

INTERNET AND COPYRIGHT

Copyright Law and Copyright Infringement: All You Need To Know

Will They Sue Our Church for Infringement?

Federal Circuit Narrows Scope for Copyrighting Software Function

Copyright Office Technical Measures Consultations

Announcing the Winners of the 3rd Shamnad Basheer Essay Competition on IP Law!

Can Intellectual Property Rights Safeguard Your Blog?

Why Netflix’s “Bridgerton” Lawsuit is Good for Fan Fiction

The Much-Adapted “Peter Pan” (1904 – Forever )

“Better Call Saul” Episode Sparks “Sweet” Trademark Infringement Lawsuit

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Nodal Officers: Unbalancing Expedience and Fairness

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Taking the Mona Lisa Effect from Illusion to Reality: Enhancing the Museum Experience with Augmented and Virtual Reality

Using Orphan Works (Copyright Holder Can’t Be Located)

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