JD Supra Law

FEBRUARY 29, 2024

The surge of generative artificial intelligence (“AI”) systems entering the market faces a barrage of intellectual property challenges in the courts. In one particular flavor, copyright holders allege that the generative AI systems infringe the owners’ copyrighted works.

Fair Use 71

Fair Use Intellectual Property Copyright Marketing 71

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.

Intellectual Property 76

Intellectual Property Reporting IP Technology 76

Indiana Intellectual Property Law

JUNE 1, 2023

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use. Continue reading

Fair Use 97

Fair Use Derivative Work Artwork Copyright Infringement 97

SpicyIP

NOVEMBER 17, 2023

We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. About Intellectual Property Rights Intellectual properties are the manifestation of digital revolution that fuels 21st century technologically-driven economies.

Intellectual Property 105

Intellectual Property Technology IP Law 105

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 7, 2022

Managing Intellectual Property ?( MIP , the “Rising Stars” award recognizes some of the best up-and-coming intellectual property practitioners in private practice who have contributed to the success of their firms and clients. . MIP ) magazine recently recognized Fish & Richardson Associate? Vivian Cheng ?as

Intellectual Property 86

Intellectual Property Fair Use Litigation Trademark 86

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. In “Does Intellectual Property Promote or Hinder Sustainability? Jacques de Werra (University of Geneva).

Intellectual Property 57

Intellectual Property False Advertising Editing Settlement 57

The IP Law Blog

MAY 25, 2023

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. She emphasized that both uses were commercial in nature, making them substantially similar in purpose. In a closely watched copyright case, the U.S.

Fair Use 98

Fair Use Derivative Work Artwork Copyright Law 98

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

IP Law 360

JANUARY 27, 2022

Supreme Court Justice Stephen Breyer's approach to intellectual property law was consistently skeptical, expressing concern that patents and copyrights can limit access to information in decisions that took a broad view of fair use and fueled patent eligibility challenges. Departing U.S.

Intellectual Property 75

Intellectual Property Intellectual Property Law Fair Use Copyright 75

TorrentFreak

AUGUST 20, 2022

The bottom line is that without its intellectual property, the UFC wouldn’t even be called that anymore. That’s why a company who used UFC footage without a license has prompted a new big-money copyright lawsuit. If people want access to content, UFC will license it to them. But not Score G.

Fair Use 107

Fair Use Copyright Licensing Intellectual Property 107

Kashishipr

MAY 25, 2021

Due to creative and original use of expressions, blogs are deemed to be counted as private property for which Intellectual Property Rights (IPRs) can be sought. Blogging and Fair Use. However, quoting facts word-to-word, paragraph after paragraph, won’t be construed as constituting fair use.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

IP Watchdog

AUGUST 9, 2022

The case involved Pub Ocean’s unauthorized use of photos of a lake that formed in Death Valley, California, in March 2019. The Ninth Circuit found that all of the fair use factors weighed against a determination that Pub Ocean’s unlicensed use of the photographs were transformative. Pub Ocean Ltd.

Fair Use 119

Fair Use Copyright Infringement Copyright Litigation 119

IP Watchdog

OCTOBER 12, 2022

Lynn Goldsmith, a case asking the nation’s highest court to determine whether Warhol’s unlicensed use of Goldsmith’s photographs of pop superstar Prince was a fair use of that copyright-protected photo.

Fair Use 116

Fair Use Derivative Work Copyright Art 116

IP Law 360

OCTOBER 20, 2022

Apple will argue next week at the Eleventh Circuit that a judge wrongly held that a startup's "virtual" version of Apple's iPhone to detect bugs is covered by copyright law's fair use doctrine, a fight that digital rights groups are closely watching.

Fair Use 75

Fair Use Intellectual Property Copyright Law IP 75

Chicago-Kent Intellectual Property Journal Blog

MAY 12, 2023

copyright law, … The post Compliance and Alignment: Ensuring Generative AI Stays Within the Bounds of Fair Use appeared first on Chicago-Kent | Journal of Intellectual Property.

Fair Use 52

Fair Use Journalism Intellectual Property Copyright Law 52

LexBlog IP

JULY 17, 2023

These are all questions that complicate copyright laws which require that a work be original in order to be protected intellectual property. Authorship Attributing authorship is essential to determining who has legal rights to the intellectual property in question and who is entitled to copyright protections.

Intellectual Property 52

Intellectual Property Art Artwork Moral Rights 52

Kluwer Copyright Blog

MAY 9, 2022

Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message. have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement.

Fair Use 128

Fair Use Derivative Work Art Licensing 128

IP Watchdog

NOVEMBER 17, 2021

“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. Naturally, the way courts analyze the “fair use” defense must adapt as technology advances and the way in which creative content is developed evolves.

Fair Use 116

Fair Use Copying Copyright Infringement Technology 116

Indiana Intellectual Property Law

FEBRUARY 12, 2024

The jury found that Von D’s tattoo, drawing, and social media posts based on Sedlik’s portrait constituted fair use of the copyrighted work, effectively dismissing the photographer’s claims of infringement. For Von D, the decision marked the end of a two-year legal ordeal.

Fair Use 52

Fair Use Social Media Art Copyright 52

IP.com

FEBRUARY 21, 2022

Intellectual property law watchdogs anticipate major decisions from the Supreme Court in 2022. Fast-evolving pharmaceutical and technology sectors have brought several key questions regarding patent law, fair use, and copyright.

Intellectual Property 52

Intellectual Property Intellectual Property Law Fair Use Patent Law 52

IP Watchdog

DECEMBER 12, 2021

Court of Appeals for the Second Circuit holding that Andy Warhol’s Prince Series did not constitute fair use of Lynn Goldsmith’s photograph. The Second Circuit held in March that “the district court erred in its assessment and application of the fair-use factors and the works in question do not qualify as fair use.”

Fair Use 124

Fair Use Copyright Law Law Copyright 124

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. Netflix , Inc. ).

Fair Use 103

Fair Use Copyright Law Copyright Law 103

Kashishipr

OCTOBER 27, 2021

Intellectual Property Protection over an API. However, even an author’s original work may be caught up by the fair use doctrine when utilized by some other person without prior authorization. It was regarded as being fair and permissible by the court of law. An example of this is the Sega v.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Law Fair Use 98

JD Supra Law

APRIL 21, 2022

Non-Fungible Trademark Infringement or Nominative Fair Use Token? has filed a federal complaint against StockX, LLC, an online resale marketplace, in the Southern District of New York, alleging that StockX is minting and selling non-fungible tokens (“NFTs”) that infringe Nike’s intellectual property.

Non-Fungible Tokens 98

Non-Fungible Tokens Fair Use Intellectual Property Trademark 98

LexBlog IP

SEPTEMBER 25, 2023

Fair Use needs to be more predictable. Here is a quick list of 5 items that should be considered “fair use” under the copyright laws. This should be codified as a “Fair Use Bill of Rights.” using a short 5-second audio or video clip, sound effect, music clip, etc.)

Fair Use 52

Fair Use Music Copyright Law Copyright 52

IPilogue

OCTOBER 28, 2021

Nonetheless, the Canadian Intellectual Property Office notes that those in the jewellery industry may be granted industrial design registrations, offering a different kind of intellectual property protection. In a way, purely ornamental jewellery may be analogous to works of art. This is contrary to the U.S.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

IP Watchdog

MARCH 28, 2022

Court of Appeals for the Second Circuit holding that Andy Warhol’s Prince Series did not constitute fair use of Lynn Goldsmith’s photograph. Goldsmith, Lynn, et. a case that asks the High Court to review a decision of the U.S.

Fair Use 105

Fair Use Art Litigation Copyright 105

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] It found that all four fair use factors weighed against fair use. [12] Goldsmith counterclaimed for copyright infringement.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

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.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

IPilogue

NOVEMBER 11, 2021

Emily Xiang is an IPilogue Writer, the President of the Intellectual Property Society of Osgoode (IPSO), and a 2L JD Candidate at Osgoode Hall Law School. . And, while one is at it, why not for all intellectual property laws?”. [1] Photo by Prof. Pina D’Agostino. Brace Memorial Lecture.

Fair Use 110

Fair Use Copyright Law Copyright Intellectual Property 110

The IP Law Blog

JULY 9, 2021

They provide a recap of last week’s episode , which covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use.

Fair Use 98

Fair Use Litigation Blogging IP 98

IIPRD

MARCH 23, 2022

Other forms of Intellectual Property. If in case the work of the creator is used for “fair use”, the creator cannot seek remedy. Fair use means work that is used for private or personal use, including review, research, bona fide teaching, and reporting of current events.

Intellectual Property 73

Intellectual Property Fair Use Copying Copyright 73

JD Supra Law

JUNE 29, 2022

Much to the delight of Dungeons & Dragons (“D&D”) fans, a new animated fantasy show was released on Amazon Prime in late January and has taken the internet by storm.

Intellectual Property 52

Intellectual Property Fair Use 52

43(B)log

AUGUST 16, 2021

The parties strongly disagree about this issue and PTRA sought declaratory judgment concerning the parties’ rights with respect to the Rose Bowl Game and its related intellectual property. Pasadena said this was (1) nominative fair use and (2) an expressive work protected by the First Amendment.

Fair Use 94

Fair Use False Advertising Intellectual Property Ownership 94

Intellectual Property Brief

FEBRUARY 1, 2022

The Louvre and The Uffizi Gallery fight for the fair use of their classic works following Pornhub’s exploitative approach to educate its patrons about classic art. Pornhub’s argument against infringement claims reveals the museums’ strict partiality in their regulation of fair use.

Fair Use 52

Fair Use Art Blogging 52

IPilogue

OCTOBER 12, 2022

Barlow and Bear may use the “fan fiction” defence to claim their work is not an infringement based on fair use by proving the elements of fair use: the art is transformative and adds new meaning to the original show. Additionally, fan fiction must be non-commercial and cannot result in profits for the creator.

Intellectual Property 105

Intellectual Property Social Media Music Fair Use 105

LexBlog IP

JANUARY 12, 2024

fair use) must be evident from the face of the complaint. Here, while defendant’s own mark prominently appeared alongside plaintiff’s mark on its packaging, whether this was fair use could not be determined at the 12b6 stage. SDNY: For purposes of a MtD, Defendant’s affirmative defenses (e.g.

Fair Use 52

Fair Use Branding Brands Branding 52