JD Supra Law

JULY 13, 2022

In an opinion touching on Digital Millennium Copyright Act (DMCA) subpoenas, First Amendment concerns, and fair use, the Northern District of California said, in this one particular instance, no, granting Twitter’s motion to quash a subpoena seeking to reveal information behind an anonymous poster. (In 20-80214 (N.D.

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SpicyIP

AUGUST 25, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? In this post, I offer my independent analysis of the law in relation to comparative advertising and nominative fair use and apply it against the specific YouTube commercial mentioned above. student at Amity University (School of Law), Kolkata. Pragya Jain.

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TorrentFreak

FEBRUARY 20, 2022

Some of McFree’s critical videos use copyrighted material owned by Watch Tower so in 2018, the group filed an application for a DMCA subpoena which asked a court to compel YouTube/Google to hand over his details. ” Fair Use Considerations. Overall then, the first factor weighs in favor of fair use.

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LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

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LexBlog IP

APRIL 12, 2023

Scanning books to create a searchable database of books constitutes fair use. Will scanning images (or other copyright-protected content) to create a generative AI model for use in creating images be deemed fair use? Scanning books to create eBooks does not. In Authors Guild v. Google, Inc., (the Google, Inc., (the

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TorrentFreak

OCTOBER 7, 2021

Early September the defendants fired back with a motion to dismiss the “fatally defective” complaint, arguing that they only used a very small portion of the four-hour broadcast for the purposes of commentary and criticism, a key component of a fair use defense. Other Fair Use Factors Cannot Be Relied Upon.

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Chicago-Kent Intellectual Property Journal Blog

MAY 12, 2023

Written by Lucas Coughlin Depicted as a graph, the historical rate of human information transfer begins to climb following the printing press, grows steeper in the 1800s, takes a sharp rise around the 1950s, and ends with a huge leap at the dawn of the internet. [1]

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IPilogue

NOVEMBER 11, 2021

This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very first international speaker from outside the United States. The Court of Appeal unanimously held that the scope and content of the fair dealing defence should include works of criticism.

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Larson & Larson

JUNE 21, 2021

The most common limitation where the exclusive rights of a copyright holder can be limited fall under the doctrine of fair use- a defense against copyright infringement. That being said, here is a brief elucidation of what constitutes fair use. What is Fair Use? Nature of the Original Work Being Used.

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Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Fair use; webinar recordings. In some situations, even if a person does not receive a licence from the copyright owners of the lectures that makes a webinar or their recording, for the use of lectures/recording does not constitute copyright infringement under Section 52.

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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!

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IIPRD

JANUARY 28, 2023

The fact that data principals frequently lack the required knowledge to know what type of private information is useful for a specific purpose is ignored when collection is made conditional solely on consent. It is the responsibility of regulators to make sure that these technologies protect individuals’ informational privacy.

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43(B)log

APRIL 26, 2023

Copyright infringement: This was permissible comparative advertising, which is fair use: [I]t is clear that IDT used the images to compare its own Texas post drivers to the Montana post drivers sold by Creager, even if IDT’s advertisement does not include a picture or image of its own product. The ads used the entire images.

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JD Supra Law

OCTOBER 17, 2022

Please see Alert below for more information. And the Supreme Court heard argument earlier this week on a major copyright question that posthumously embroils Prince (or at least his photograph) in an important intellectual property dispute involving the scope of copyright protection: Andy Warhol Foundation for the Visual Arts, Inc.

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Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. Fair Use Precedent? Google Books and Transformative Use The past two decades have seen a wealth of technological developments, but generative AI is qualitatively different from everything that has come before. However, the U.S.

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LexBlog IP

APRIL 18, 2022

Supreme Court recently granted a petition for writ of certiorari (docket, here ) to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. The district court granted summary judgment in the Foundation’s favor, holding that Warhol’s work constituted fair use.

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The IP Law Blog

NOVEMBER 30, 2023

Ross Intelligence Inc will provide guidance for similar AI training/copyright infringement cases and, as a bonus, it provides a bit of clarity (or muddies the waters… depending on your point of view) in the application of a post-Warhol fair use defense. These are the basic facts underlying this lawsuit.

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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.

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IP Tech Blog

NOVEMBER 29, 2023

Netflix moved to dismiss the complaint on, among other grounds, fair use. In finding in defendant’s favor, the Court weighed the different factors of the Fair Use Doctrine. Accordingly, the court found against the tattoo artist because Netflix’s use was “fair use.” Lynn Goldsmith, et al. ,

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TorrentFreak

JANUARY 11, 2024

As previously reported by Wired, Bloomberg informed Rights Alliance that it doesn’t plan to train future versions of its BloombergGPT model using Books3, and other companies likely made similar decisions behind closed doors. . It is clear, however, that the company plans to rely on a fair use defense, at least in part.

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Copyright Lately

OCTOBER 2, 2023

Even die-hard copyright geeks would be forgiven for overlooking a lawsuit first filed over three years ago by information services company Thomson Reuters against AI start-up Ross Intelligence. These copies, Ross claims, are fair use. Thomson Reuters v. This raised a material question of fact that a jury needs to decide.

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The IP Law Blog

MARCH 2, 2023

According to Getty Images, Stability copied Getty’s photographs with associated text and metadata to train its Stable Diffusion model, which uses AI to generate computer-synthesized images in response to text prompts. Getty Images generates revenue by licensing the right to use its assets to businesses and consumers.

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Copyright Infringement Copyright Fair Use Technology 104

Copyright Lately

JUNE 2, 2022

In a 30-page order, the district court largely denies both parties’ motions for summary judgment, finding triable issues on substantial similarity and fair use. and High Voltage Tattoo) asked the court to determine that the use of Sedlik’s photo as a reference image qualified as a fair use of the copyrighted work.

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TorrentFreak

DECEMBER 3, 2022

Other, less common rejection reasons, include a lack of copyright infringement and fair use. To illustrate a fair use example, Reddit reports that a religious organization requested the removal of a video post that included part of a livestreamed worship service. Subreddit and Use Bans.

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43(B)log

JUNE 30, 2023

Informal rules became law; he was thinking that Lex Mercatoria was a metaphor for Lex Informatica, where similarly we need to think about new tools. Collect information, organize it, disseminate it. Samuelson: but they’re demanding control of the input in the US, not the output (unless it is infringing in the conventional sense).

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Technology & Marketing Law Blog

JANUARY 22, 2022

The court says the Dubtown video wasn’t copyright infringing because of fair use: Purpose/Character of Use. ” The videos were transformative, even if parts of precedent material were used verbatim. .” The precedent works were a mix of fact/information and creative expression, and they were unpublished.

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TorrentFreak

MARCH 21, 2023

Mass Copyright Infringement or Fair Use? Stressing that the library offers a vital service, Internet Archive’s defense centers on the legal concept of fair use. That would qualify as fair use, they argue, especially since there is no profit motive. As such, they want it permanently taken down.

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TorrentFreak

DECEMBER 22, 2023

According to the Authors Alliance, IA’s digital ebook library is a prime example of a service that should be permitted to operate as fair use, as it benefits both writers and readers. ” This sentiment is shared in the fourth amicus brief from information scholars and historians Kevin L.

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Plagiarism Today

FEBRUARY 21, 2022

1: Judge: Jehovah’s Witness Parodies Are Fair Use. The judge ultimately ruled that any use of Watch Tower material was a fair use and ordered the subpoena quashed. The files are part of the macOS operating system and store information and settings for the folder they are in. Watch Tower: So What?

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Technology & Marketing Law Blog

MAY 17, 2024

While this conflict might seem minor (X’s users, after all, are not in the business of granting scraping licenses), the next one was not: Fair use. Judge Alsup suggested that X’s ToS conflict with copyright law by prohibiting scraping irrespective of whether it qualifies as fair use.

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Plagiarism Today

SEPTEMBER 28, 2021

” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works. In addition to the above fair use issues, there is also one other to consider: The Digital Millennium Copyright Act (DMCA). 3: The Andy Warhol Ruling.

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The IP Law Blog

DECEMBER 29, 2023

3: What Now for Fair Use After Warhol v. Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. The videos and podcasts are for informational purposes only and do not constitute legal advice. Goldsmith The U.S. Supreme Court ruled in Andy Warhol Foundation v.

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IIPRD

JANUARY 8, 2023

Copyright infringement & fair use. As informed, a copyright is a right that takes effect with the creation of the work, with registration required only in cases of legal difficulties or enforcement of economic rights. One of these exceptions is the Fair Use Doctrine. What is fair use in terms of copyright?

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Nelligan Law

FEBRUARY 20, 2024

Entertainment furnish invaluable insights into how the subtleties of copyright law and the doctrine of fair use are navigated differently in the context of tattooing, reshaping the legal terrain for artists and copyright custodians alike. Cases like Kat von D vs. Jeffrey Sedlik and S. Victor Whitmill vs. Warner Bros.

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Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir.

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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 30, 2023

The authors never gave OpenAI permission to use their works, yet ChatGPT can provide accurate summaries of their writings. This information must have come from somewhere. Additional damages for the alleged removal of copyright management information, in violation of the DMCA, are also on the table.

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