Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

Often such audience, who can easily access any photograph, use these photographs after making certain modifications to them through photo-editing software like Photoshop, Adobe and many other photo modification tools. Thus, the question arises if such use attracts copyright infringement. Firstly, the exception of fair use.

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Velocity of Content

MAY 22, 2024

In other words, “license or risk losing” is a significant consideration for rightsholders in the US and other countries. We do not decide how the fair use balance would be resolved if a photocopying license for Catalysis articles were not currently available.”

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TorrentFreak

NOVEMBER 18, 2022

Popular mainstream movies lasting a couple of hours are edited down to around 10 minutes and then uploaded to YouTube. Japan does not recognize fair use and even if it did, experts predicted that ‘Fast Movies’ would still cross red lines. Fast Movie Crackdown. million. .

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IP Law 360

JULY 17, 2023

The Ninth Circuit ruled Monday that the practice of embedding Instagram posts doesn't infringe copyright protections because the owners of the original posts still have the power to edit them, refusing to budge on what a pair of litigating photographers called an outdated legal precedent.

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The IPKat

FEBRUARY 28, 2024

This is a review of Music Borrowing and Copyright Law, a Genre-by-Genre Analysis , edited by Enrico Bonadio (City, University of London) and Chen Wei Zhu (University of Birmingham). This edited collection will be enjoyed by scholars and practitioners interested in music and copyright, as well as musical cultural heritage.

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IP Law 360

OCTOBER 20, 2022

A graphic designer who worked on the racy mixtape cover at the heart of a right-of-publicity suit against rapper Cardi B told a California federal jury Thursday that he never told Cardi B's representatives he picked an internet-sourced image of the plaintiff's distinctive tattoo, believing it was "fair use."

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Plagiarism Today

MAY 31, 2022

2: Amendment Passes to Grant Teachers Fair Use of Copyrighted Work Remotely. Next up today, Focus Taiwan reports that the Taiwan legislature has passed a new copyright law that would grant educators a fair use protection when using copyright-protected works via online classes.

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TorrentFreak

MARCH 25, 2024

Internet Archive’s theory of fair use represents a threat just as grave.” ” According to the amici, there is nothing fair about IA’s digital library; instead, they see it as “unambiguous copyright infringement.” Thus, its actions are decidedly not protected by fair use,” their brief reads.

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Kluwer Copyright Blog

NOVEMBER 22, 2021

Promoting research and access to its products has always been a core purpose of copyright law, often expressed in limitations and exceptions for research uses. Empirical scholarship has highlighted the positive impact on scholarship of copyright exceptions for TDM and of more “open” exceptions for research uses. Methodology.

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IP Law 360

MARCH 1, 2023

An attorney for video editing company Stitch Editing told a California federal jury during opening statements on Wednesday that TikTok caused $116 million in damages by stealing Stitch Editing's trademarked name with the app's "Stitch" editing feature while TikTok's attorney said it's protected by fair use

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TorrentFreak

JANUARY 17, 2024

is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. ” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Live Crew used it anyway. .” Campbell v.

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TorrentFreak

JUNE 14, 2022

Internet Archive later called for a peaceful solution , offering to partner with publishers to create a “digital system that works” A month later IA filed its answer to the complaint supported by defenses under fair use and the DMCA’s safe harbor provisions, and later attempted to show that its library did publishers no harm.

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Kluwer Copyright Blog

APRIL 22, 2024

Furthermore, it is debatable whether the creation of NFTs can be considered “fair use”, since (i) this generates a “new” public and a new “digital” market for artworks that, to date, only existed in the real world and (ii) it deprives de facto copyright holders of a potential source of income.

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Technology & Marketing Law Blog

AUGUST 29, 2022

I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. Then, due to some personal circumstances [FN], I moved my Internet Law course from Fall to Spring this academic year, so I’m not teaching this Fall either. We posted three chapters from the book: Featuring People in Ads (2022 Edition).

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LexBlog IP

NOVEMBER 28, 2023

Meme Culture Meets Copyright Law: A Guide for Businesses & Creators Memes, often humorous media fragments that spread rapidly through online sharing, are a global phenomenon that have made their way into mainstream culture. Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here? Yes and no.

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Olartemoure Blog

MAY 26, 2023

The Italian magazine GQ Italia finds itself embroiled in a legal dispute stemming from the publication of an edited image of the renowned David sculpture. 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.

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Kluwer Copyright Blog

FEBRUARY 11, 2022

.” Google LLC’s copying of approximately 11,000 lines of code from the Java SE application programming interface to create the Android mobile operating system was a fair use of that material as a matter of law and did not support copyright infringement by the code’s owner, Oracle America, Inc., by Christopher Heath. €

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Kashishipr

MAY 25, 2021

Such a license would enable using the resources held by owners of the CC Licenses to the extent of editing, remixing, copying, and distributing the work without circumventing the copyright law. Blogging and Fair Use.

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The IPKat

MARCH 7, 2024

This Kat is delighted to present a review of Propriété intellectuelle et développement durable / Intellectual Property & Sustainable Development, edited by Prof. Jacques de Werra (University of Geneva). The trademark challenges faced by practitioners of upcycling techniques are unlikely to be resolved in the current state.

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Kluwer Copyright Blog

JUNE 2, 2024

In its second paragraph the statement makes strong allusions to copyright law – the term ‘copyright’ is used only once throughout the entire text. In other words, OpenAI makes compliance with mandatory EU law a mission statement that underpins its business model. For that purpose (i.e.

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Intellectual Property Law Blog

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. Given this, it is clear in the US, AI alone cannot be an author.

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The IPKat

FEBRUARY 21, 2022

Contextualized in a sectorial approach - including areas such as health, fashion, environmental, artificial intelligence, automotive, and food industry - expert panels will consider the challenges and developments in IP case law and legislation that lie ahead. More information about this event here. Registration is open here.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

We will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.” Registration was refused in August 2019, in line with previous US case law and guidance. Leaving the law aside, generative AI triggered some backlash in 2022.

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IP and Legal Filings

JUNE 26, 2023

Names like 7-eleven, 5 Star, 7Up, and 99acres resonate with consumers, widely reflecting the innovative use of number as brand identities. However, the extent of protection and applicable principles of trademark law that surround the numeral trademark takes center stage in the discussion.

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IPilogue

OCTOBER 4, 2021

Emily Chow is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . The decision reframes traditional teaching pedagogies by considering the artist and owner rights under copyright law. Other times, we looked at diagrams from an older edition of a textbook that were “much better for the purposes of our class.”

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TorrentFreak

FEBRUARY 23, 2022

We removed 665,898 pieces of content in response to these takedown notices,” the company reveals in the latest edition of its transparency report. When they do address copyright issues they must meet the requirements of copyright law and include specified information. under the doctrine of fair use.

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Copyright Infringement Copyright Copyright Notice Reporting 110

Kluwer Copyright Blog

FEBRUARY 13, 2022

We soon realized that information about the changes to copyright law over time – which would be especially useful for empirical studies – was lacking. However, these studies are static, capturing differences in each country’s laws at one moment in time. General Exception, Including Fair use.

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The IPKat

SEPTEMBER 27, 2023

The USCO will use this information to analyse the current state of the law, identify unresolved issues and to advise the Congress. The deadline to respond is 18 October 2023. The examiner (re)evaluated the claims and (again) stated the work could not be registered without limiting the application to the copyrightable part of the claim.

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Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Section 52 states that educational purposes, research, or criticism are all fair use and do not constitute copyright infringement. If a school organizes a performance on its grounds where pupils will put on a musical performance for their professors and classmates, it will be covered under the provision of fair use of copyright.

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The IPKat

FEBRUARY 26, 2023

The Faculty of Law at the University of Geneva recently hosted (on February 7, 2023) an international conference on the topic “ Intellectual Property & Sustainability ”. She then moved on to considering the issues arising from “upcycling” and fair use. The programme featured several high-profile speakers.

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SpicyIP

JULY 29, 2021

Section 51 deals with infringement, not exceptions, and Sub-section 51(1) does not even exist – showing how carelessly the Report has been drafted and edited.]. To put things in perspective, even the most IP-friendly jurisdiction of US in Cambridge v. Bench decision). Concluding thoughts.

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Kluwer Copyright Blog

APRIL 25, 2023

Because of this, console manufacturer and major publisher Nintendo has been successful in taking legal action under US law to compel the shutdown of ROM hosting websites (see here and here ). More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

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43(B)log

SEPTEMBER 16, 2021

Neo4j originally offered a free and open source version of the Neo4j platform known as the Neo4j Community Edition, with limited features and no technical or administrative support. Neo4j ultimately considered PureThink’s Neo4j Government Edition to be a problem. It has trademark registrations for the word mark “NEO4J.”

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JIPL Online

MARCH 15, 2021

In 2018, the Satanic Temple sued Netflix for fifty million dollars when Netflix used a sculpture of a goat-headed deity on “The Chilling Adventures of Sabrina.” [9] 13] In 2017, a photographer and copyright owner of images of VHS cassettes asserted that “Stranger Things” used these photos for its Collector’s Edition boxed set. [14]

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Technology & Marketing Law Blog

JANUARY 17, 2024

The plaintiff gets an expensive lesson in the law of derivative works. * * * UIRC offers bonds using a private placement memorandum (PPM) and an indenture of trust. The court provides details about UIRC’s minor edits to the Idaho precedent: The only differences (besides formatting) between Section 5.01 See, e.g., White v.

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LexBlog IP

FEBRUARY 11, 2024

Our family home always had the latest edition. Much of that content is protected by copyright laws. The Perks of Using Copyrighted Content: Should We Feed the Machine? Knowing the boundaries of copyright law isn’t just wise; it’s an imperative. They need rich, diverse, and real-world content.

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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.

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