IP and Legal Filings

FEBRUARY 15, 2023

Digital Era And Copyright Infringement- Issues Easy Accessibility Online Now days the use of internet and online based systems has increased manifolds and it is no more a complex task to gather or collect any data from the internet. Case Laws The first case in this regard is UTV Software Communication Limited v. and Ors.

Copyright Law 90

Copyright Law Copyright Law Social Media 90

Technology & Marketing Law Blog

DECEMBER 31, 2021

The court says that instead of doing a First Amendment analysis, it’s possible that a fair use analysis is sufficient for 512(h) subpoenas (citing Eldred for the principle that fair use is the First Amendment safety valve to copyright infringement). Q2 2015 Quick Links, Part 1 (IP, Marketing and More).

Fair Use 113

Fair Use Blogging Marketing Marketing 113

IPilogue

OCTOBER 1, 2022

Fischer found triable issues on substantial similarity and fair use. Kat Von D argues that the use of the photograph in creating the tattoo is fair use because the tattoo is transformative for three reasons. On May 31, 2022, Judge Dale S. Background. The decision on Kat Von D’s tattoo could be delayed until the U.

Copyright Infringement 130

Copyright Infringement Fair Use Art Copyright 130

LexBlog IP

MARCH 9, 2023

Some of the legal issues include: Does use of copyrighted content to train models constitute infringement or is it fair use? What are the privacy implications? Can collection of the content itself create liability? Is the output of the AI tool protectable by copyright? If the output is an infringement, who is liable?

Fair Use 59

Fair Use Privacy Music Art 59

The IPKat

FEBRUARY 6, 2022

Topics will include access and substantial similarity, fair use, performers' rights, moral rights, expert testimony, the role of lay listeners, sound sampling as it appears in court and out-of-court litigation. For more information and to register, click here. More information and submission guidelines can be found here.

Intellectual Property 78

Intellectual Property Moral Rights Privacy Copyright Infringement 78

The IPKat

FEBRUARY 21, 2022

In the meantime, check out the upcoming IP events. 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.

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

The IPKat

NOVEMBER 22, 2023

Dan Conway, Hayleigh Bosher, Arnav Joshi and Richard Mollet giving evidence at the Committee In the latest evidence session for the Inquiry, which took place on Tuesday 7 November 2023, experts engaged in a compelling discussion highlighting the intricate relationship between AI, intellectual property (IP) law, and data protection.

Intellectual Property 96

Intellectual Property Copyright Fair Use Government 96

LexBlog IP

APRIL 12, 2023

Some of the legal issues include: Does use of copyrighted content to train models constitute infringement or is it fair use? What are the privacy implications? Can collection of the content itself create liability? Is the output of the AI tool protectable by copyright? If the output is an infringement, who is liable?

Fair Use 52

Fair Use Privacy Music Art 52

IIPRD

JANUARY 28, 2023

It is the responsibility of regulators to make sure that these technologies protect individuals’ informational privacy. In the case of electronic information, it is difficult to judge “fair use,” gain access to, and maintain control over the infringement of copyright law.

Privacy 52

Privacy Government Intellectual Property Fair Use 52

43(B)log

AUGUST 12, 2022

And tech has limited ability to understand context of fair use/fair dealing. Appropriation of Data-driven Persona Zahra Takhshid Should extend privacy to cover data about us. Data privacy as the new frontier. A: Yes, because we continue to rely on common law privacy torts. Her conclusion: no.

Privacy 59

Privacy Inventor IP Government 59

Velocity of Content

JANUARY 25, 2024

Based on these widely established rules for IP, the question then turns on: (1) who is engaged in a reproduction or other acts that infringe a copyright protected work and (2) where are they getting sued? Offshoring: Practical or Theoretical? The post Is AI’s Copyright World Flat, or Will AI Flatten the Copyright World?

Copyright 98

Copyright Copyright Law Copyright Infringement Government 98

Technology & Marketing Law Blog

JULY 5, 2022

” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ). Nature of the use. The photos were already published, which weighs in favor of fair use. ” This also weighs in favor of fair use (?). Amount taken.

Fair Use 97

Fair Use Plagiarism Copyright Marketing 97

LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. ” (S.

Fair Use 52

Fair Use Licensing Music Art 52

SpicyIP

OCTOBER 27, 2023

Challenges Under IP Law Dark patterns are deceptive or manipulative design elements or techniques used in user interfaces to trick users into taking actions they may not want to take. Addressing this intersection necessitates a focus on ethical design, compliance with IP laws, and the protection of consumers from deceptive practices.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

TorrentFreak

NOVEMBER 3, 2023

The takedown requests are already shared publicly by Google through the Lumen Database , but these public listings omit privacy-sensitive data. Indeed, when people use Google’s DMCA webform, they have to provide an email address, signature, and other pieces of information. For now, they prefer to take on one battle at a time.

Cease and Desist 90

Cease and Desist Music Copying Fair Use 90

IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. emphasis original).

Fair Use 40

Fair Use Licensing Music Art 40

IP Tech Blog

MARCH 18, 2022

NFTs also may embody or use trademarks. For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. First, NFT’s have enormous significance in the IP world.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Velocity of Content

SEPTEMBER 9, 2021

YouTube, an IP Regime unto itself? A YouTube Community Guidelines strike results when a complaint is lodged against a video which is said to have violated one or more of YouTube’s community guidelines, e.g., on the basis of content constituting a privacy, harassment, or violence violation.

Copyright 113

Copyright Social Media Licensing Publishing 113

LexBlog IP

MARCH 18, 2022

NFTs also may embody or use trademarks. For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. First, NFT’s have enormous significance in the IP world.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

SpicyIP

AUGUST 28, 2022

Appositely, while the ‘property’ image of IP has become a part of our legal consciousness, the nature of user interests is unclear. see 2021’s draft on Permitted Uses and its notes ), at the international level they are called/negotiated/lobbied as limitations or/and exceptions (L&Es) (e.g. create works and make them available).

IP 138

IP Copyright Fair Use Public Domain 138

IP and Legal Filings

APRIL 19, 2022

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957. MySpace Inc.

Copyright Law 71

Copyright Law Copyright Law Copyright Infringement 71

IP Tech Blog

DECEMBER 12, 2023

As more teams and organizations employ the use of AI, counsel should be aware of the ways their clients can and do leverage AI. Privacy : Evaluation and mitigation of privacy risks associated with the collection, use, and retention of user data. Data Protection and Privacy AI poses important privacy and security risks.

Privacy 57

Privacy Inventor Technology IP 57

LexBlog IP

DECEMBER 12, 2023

As more teams and organizations employ the use of AI, counsel should be aware of the ways their clients can and do leverage AI. Privacy : Evaluation and mitigation of privacy risks associated with the collection, use, and retention of user data. Data Protection and Privacy AI poses important privacy and security risks.

Privacy 52

Privacy Inventor Technology Intellectual Property 52

43(B)log

FEBRUARY 22, 2021

District judges can also temporarily sit in on IP high court. Rotations are usually pretty fast but they can stay longer in the IP courts (rotation is throughout the system)—interesting balance. There are other policy concerns about research such as privacy, human subjects rules.

IP 40

IP Fair Use Copying Intellectual Property 40

43(B)log

FEBRUARY 4, 2023

Justin Koo, Exporting Fair Use to Developing Copyright Systems Difficult to grow when the law doesn’t have flexibility—across the Commonwealth Carribean. Either involuntarily imposed on us or adopted from UK w/o adaptation to local needs/lack of resources in former colonies. Will importing fair use solve any problems?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

TorrentFreak

AUGUST 4, 2023

Liability could be disputed under the doctrine of fair use but since that’s a defense in response to an actual lawsuit, any details would require scrutiny – at huge expense – under the supervision of a judge. Despite Williams appearing pro se , the takedown notices are clear and well-formatted.

Copyright 82

Copyright Privacy IP Copying 82

SpicyIP

JULY 11, 2021

IPAB Issue Finally Comes to a Conclusion: Delhi HC Creates Specialist IP Division. Basheer’s arguments several years ago, when he advocated for specialised IP benches in High courts as opposed to an inept IPAB with limited powers. Justice Prabha Sridevan, who underscored the importance of public interest in IP matters.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

IPilogue

FEBRUARY 23, 2022

A preliminary search into YouTube’s copyright and fair use policies is unhelpful in determining how videos are assessed on a “case-to-case basis” and instead redirects you to Google’s fair use policies. They have published a guide on YouTube’s removal processes and Content ID algorithm , which is more user-friendly.

Fair Use 106

Fair Use Music Copyright Privacy 106

LexBlog IP

NOVEMBER 17, 2021

3 Unless you have some legal excuse or defense, such as, fair use. The case was really about an Arizona state law that addressed a problem I didn’t know was a problem (beyond generalized concerns about privacy). It turns out car dealers tend to use special software suites and proprietary databases managed by third parties.

Copying 52

Copying Copyright Business Licensing 52

43(B)log

NOVEMBER 2, 2021

Allowing such a claim would provide “a de facto veto over the [copyright holder’s] rights under the Copyright Act,” [including its rights to tolerate use/also would provide a veto over fair uses]. The alleged loss of IP rights qualified as economic injury/lost money or property. But were the claims preempted?

Copyright 64

Copyright Advertising Advertising Privacy 64

43(B)log

FEBRUARY 3, 2024

Allowed producers to control coffee machines by putting software in them; can prevent use, resale, using unsupported coffee. Why: Useful way of organizing concerns and showing how they interfere with specific property rights. chattels; IP v. Bruce Boyden: Privacy cases about the privacy torts also do so.

Privacy 59

Privacy Fair Use Fanworks Government 59

43(B)log

FEBRUARY 24, 2023

Are we seeing claims adjoined to TM that suggest related problems, the way we’re now seeing © and privacy claims brought together? Grynberg: part of the PTO’s problem is that it’s under the Fed Cir’s thumb and trying to survive what the Fed Cir thinks about IP rights. Maybe not b/c TM is already so capacious. [TM TM and ROP, maybe.]

Trademark 49

Trademark Branding Brands Branding 49

43(B)log

APRIL 7, 2023

This is a form of stringency and affects incentives for non-divisibility, especially given US statutory damages and injunctions. No balancing required—recognizing fair use is not required for platforms, nor is giving users much procedure. Bradford’s four examples of the Brussels Effect v.

Art 45

Art Copyright Settlement Moral Rights 45

Technology & Marketing Law Blog

JANUARY 27, 2022

Apple positions itself as more privacy-supportive than the other tech giants, but then it committed an unforgiveable privacy faux pas by unveiling plans to proactively scan client-side files for illegal CSAM. The first Supreme Court ruling on fair use in over a quarter-century, and it’s a good one. Emerging Tech.

Social Media 129

Social Media Law Privacy Government 129

Technology & Marketing Law Blog

JANUARY 24, 2023

It also puts users’ privacy and security (including minors’!) Moody, amicus brief in support of the petition for certiorari , November 2022 Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, California Privacy Protection Agency, August 2022 NetChoice LLC v.

Law 116

Law Social Media Government Privacy 116