The IPKat

FEBRUARY 21, 2022

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes.

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

Kluwer Copyright Blog

APRIL 25, 2023

A livestream shares certain similarities with a Let’s Play video, but the latter features a higher degree of editing and curation while the former is an unedited, real-time performance. It is advisable, therefore, for rightholders to have a multi-layered strategy instead of relying on copyright litigation alone.

Copyright 56

Copyright Copyright Infringement Fair Use Intellectual Property 56

JIPL Online

MARCH 19, 2021

ii] These events were sudden and came as a shock to the platform’s creators who were given no opportunity to submit counternotifications or edit their content to remove the allegedly infringing material per the provisions of the Digital Millennium Copyright Act (the “DMCA”) and Twitch’s own DMCA Guidelines. 6, 2021).

Music 76

Music Copyright Licensing Fair Use 76

JIPL Online

NOVEMBER 1, 2021

4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] 5] The mere threat of litigation is enough to shut most fan projects down entirely. [6] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5]

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

LexBlog IP

JUNE 27, 2023

” She continued: “ today’s decision—all the majority’s protestations notwithstanding—leaves our first-factor [for fair use] inquiry in shambles.the majority plants itself firmly in the ‘I could paint that’s school of art criticism.’” ’” Take that.

Litigation 52

Litigation Intellectual Property Art Fair Use 52

Technology & Marketing Law Blog

AUGUST 7, 2023

I’m pleased to announce the 2023 edition (14th edition) of my Internet Law casebook, Internet Law: Cases & Materials. Meanwhile, product design is the real Section 230 battlefront today, and the Lemmon case is the flagship case for that line of litigation. All printed versions come with a free PDF on request.] Hamidi (Cal.

Editing 52

Editing Law Contracts Privacy 52

43(B)log

FEBRUARY 22, 2021

Every year there are disputes, but never any litigation. A: also note that with the Stormtrooper Lucasfilm decision in the UK, the US approach is not guaranteed. Plays often circulate in different editions—reading editions, acting editions, etc. A: it’s all decentralized, independent designers and creators.

Copyright 40

Copyright Art Copying Editing 40

Kluwer Copyright Blog

MARCH 1, 2023

In the United States, the doctrine of fair use has been held to permit parody in uses ranging from rap music to children’s books. These fair use rights, the courts have said, have their roots in the U.S. The freedom of authors to use trademarks in their works could be stifled by the threat of litigation.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

Kluwer Copyright Blog

MAY 15, 2024

Copyright Office and the explosion of litigation (see here ) in the U.S., More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A. The statements by authors that were consulted by the U.S. This requires institutional reform and a paradigm shift.

Copyright 56

Copyright Fair Use Copyright Law Editing 56

43(B)log

FEBRUARY 4, 2023

Said: Framing it as “the woman question” is rhetorically tricky and still positions women as the problem—why not “the copyright question: woman edition”? Mailyn Fidler, Cross-Racial Copyright Litigation in Music: Only a Paper Moon? Sometimes add content warnings instead of edits. Would it allow fair use?

Copyright 64

Copyright Editing Settlement Music 64

Kluwer Copyright Blog

FEBRUARY 20, 2023

At the heart of this discussion is the question of whether authors, creators, and other rightholders need to give permission before their works can be used as input for generative ML systems that produce outputs based on the works on which they have been trained. New forms of collective action? The future of copyright?

Copyright 107

Copyright Fair Use Publishing Law 107

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). In the aftermath of cases like Authors Guild v.

Copyright 138

Copyright Fair Use Copyright Law Law 138

Kluwer Copyright Blog

APRIL 25, 2024

High profile litigation and media-covered controversies have drawn wide-spread attention to the essential role that pre-existing works play in the process of “teaching” an AI to “think.” More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A.

Copyright 70

Copyright Government Copyright Law Reporting 70

LexBlog IP

APRIL 13, 2022

Although this case has yet to reach a resolution, it draws attention to the potential for litigation surrounding the copyright rights required to mint NFTs. StockX asserted several affirmative defenses, including fair use and the first sale doctrine, claiming that Nike’s suit “threatens the legitimate use of NFTs.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

43(B)log

OCTOBER 13, 2021

Fair use can rarely be decided on a motion to dismiss, the court said, and this wasn’t one of those cases. Here, there was no editing of the “lyrics, vocals, or instrumentals at all.” Cariou , by contrast, involved fair uses where works were “obscured and altered to the point that [they were] barely recognizable.”

Fair Use 83

Fair Use Music Marketing Marketing 83

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment? 2d at 206.

Copyright 118

Copyright Blogging Publishing Fair Use 118

LexBlog IP

JANUARY 10, 2024

Those snippets seem arguably suggestive of an intent to use the former President’s input generously, perhaps more generously than fair use might otherwise allow, and in a manner often unvarnished or unprocessed to the point of being an author’s, or an author-like, contribution. ” Trump Responding Brief at 5.

Ownership 52

Ownership Copyright Government Intellectual Property 52

Technology & Marketing Law Blog

JANUARY 24, 2023

And if Musk ever flips any of Twitter’s long-standing legal or policy positions in litigation or lobbying, he could truly melt down the industry. So what do we make of the earlier rulings that suggested hiQ had a legally protected right to scrape? ¯_(ツ)_/¯ CCB Launches We have a new venue for copyright litigation.

Law 113

Law Social Media Government Privacy 113