IP Watchdog

FEBRUARY 8, 2024

Independent Journal Review reversing a ruling that an online reproduction of a photograph of singer-songwriter Ted Nugent constituted fair use. On February 6, the U.S. Court of Appeals for the Fourth Circuit issued an opinion in Philpot v.

Fair Use 105

Fair Use Journalism Registration Copyright 105

Chicago-Kent Intellectual Property Journal Blog

NOVEMBER 4, 2021

1] The fair use defense in copyright law is very flexible … The post Two Kinds of Fair Use: The Unintended Effect of Google v. Oracle appeared first on Chicago-Kent | Journal of Intellectual Property.

Fair Use 40

Fair Use Journalism Intellectual Property Copyright Law 40

Velocity of Content

MAY 24, 2023

If the content in the presentation was previously published in a journal or other third-party publication, it may well require permissions for reuse, even if it is the result of your own or your client’s research. Keep in mind that all copyright rights in the content are often transferred to the publishing journal.

Copyright 98

Copyright Fair Use Journalism Publishing 98

TorrentFreak

FEBRUARY 27, 2024

.” ‘Hired Guns Don’t Stop Evolving Technology’ The OpenAI defendants continue their motion to dismiss by noting that AI is yet another technical evolution that will change the world, including journalism. However, OpenAI notes that the suggestion that its activities threaten journalism is overblown, or even fiction.

Fair Use 116

Fair Use Journalism Reporting Technology 116

Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. Fair Use Precedent?

Fair Use 137

Fair Use Copyright Moral Rights Copyright Law 137

The IP Law Blog

JULY 22, 2021

This would include a belief that the display or performance of the copyrighted material in the video was covered under fair use. So would the inclusion of the Taylor Swift or Sublime song recorded in the police/civilian interaction videos mentioned above constitute fair use?

Music 104

Music Fair Use Copyright Reporting 104

IP Law 360

AUGUST 24, 2022

s copyright infringement suit accusing him of unlawfully copying and distributing thousands of news articles from The Wall Street Journal, arguing that his actions are protected under fair use. A prominent investment manager has asked a Texas federal judge to dismiss Dow Jones & Co.'s

Fair Use 75

Fair Use Journalism Copyright Infringement Copying 75

Patently-O

JANUARY 4, 2024

I believe that Winston & Strawn will eventually prevail based upon a fair use defense, but it is still an embarrassing situation for the firm and attorneys involved. The court ruled in favor of the defendants, holding that their use of the briefs constituted “fair use” under the Section 107 of the Copyright Act.

Plagiarism 122

Plagiarism Fair Use Copying Copyright Infringement 122

Intepat

JANUARY 8, 2024

Allegations and Claims by The New York Times The New York Times claims that these companies are trying to take undue advantage of the hard work and money put into creating such a high and superior quality of journalism. The New York Times is claiming damages and an order to stop OpenAI and Microsoft from using any of its articles.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

TorrentFreak

JUNE 30, 2023

AI, Piracy and Copyright There is no direct evidence that OpenAI used pirate sites to train ChatGPT. That said, it is no secret that some AI projects have trained on pirated material in the past, as an excellent summary from Search Engine Journal highlights. Some experts believe that this type of AI training can be considered fair use.

Copyright Infringement 139

Copyright Infringement Fair Use Copyright Journalism 139

Plagiarism Today

OCTOBER 25, 2021

De La Santos mentions these allegations in his response to the lawsuit, which also makes arguments of fair use and that he is an “innocent infringer,” an argument that could potentially lessen any damages against him. 3: Music Publishers Propose Higher Streaming Payments.

Music 195

Music Publishing Fair Use Journalism 195

TorrentFreak

MAY 1, 2024

“Defendants are taking the Publishers’ work with impunity and are using the Publishers’ journalism to create GenAI products that undermine the Publishers’ core businesses by retransmitting ‘their content’—in some cases verbatim from the Publishers’ paywalled websites—to their readers.”

Copyright Infringement 96

Copyright Infringement Copyright Publishing Copying 96

Velocity of Content

OCTOBER 9, 2023

From Large Language Models (LLMs) to other research-based applications, AI technologies rely on millions of books, scholarly journals, and other curated publications. Responsibly using these works is a foundational part of the discussion. The post CCC Town Hall Preview With Bruce Rich appeared first on Copyright Clearance Center.

Licensing 52

Licensing Fair Use Journalism Copyright Law 52

TorrentFreak

MAY 1, 2024

“Defendants are taking the Publishers’ work with impunity and are using the Publishers’ journalism to create GenAI products that undermine the Publishers’ core businesses by retransmitting ‘their content’—in some cases verbatim from the Publishers’ paywalled websites—to their readers.”

Copyright Infringement 85

Copyright Infringement Copyright Publishing Copying 85

LexBlog IP

JULY 22, 2021

This would include a belief that the display or performance of the copyrighted material in the video was covered under fair use. So would the inclusion of the Taylor Swift or Sublime song recorded in the police/civilian interaction videos mentioned above constitute fair use?

Music 52

Music Fair Use Copyright Reporting 52

Copyright Lately

AUGUST 22, 2021

The complaint raised concerns that Dolezal was using copyright law to purge the historical record of her controversial past, while seeking substantial monetary damages in the process. The defendant, CBS Interactive, had a solid fair use defense, but never needed to assert it.

Copyright 87

Copyright Fair Use Settlement Designs 87

IP and Legal Filings

FEBRUARY 15, 2023

However, it is not so and such use will be unauthorized unless and until the permission of the owner has been taken, or he has been referenced or if the information has been made available by the government. 2019 SCC Online Del 8002 Disney Enterprise inc. Kim cartoon and Ors.,

Copyright Law 92

Copyright Law Copyright Law Social Media 92

Kluwer Copyright Blog

SEPTEMBER 11, 2023

Fair use in US ( Google Books but reuse pattern different here. Fair dealing c. 2022) ‘ Secrecy by Default: How Regional Trade Agreements Reshape Protection of Source Code’ , Journal of International Economic Law , 25(1), pp. Its main purpose is to help structure the discussion. Copyright 1. and Mazur, J.

IP 120

IP Derivative Work Intellectual Property Art 120

Likelihood of Confusion

MAY 18, 2023

Mack Reed puts his finger on it — almost — in the Online Journalism Review: The Web has made unauthorized propagation of information — whether copyrighted or not — instantaneous. The post Publishers vs. YouTube appeared first on LIKELIHOOD OF CONFUSION™.

Publishing 52

Publishing Journalism Copyright Fair Use 52

IPilogue

DECEMBER 7, 2021

If transformative, Larson’s appropriation may amount to nothing more than , which is not in itself actionable; if derivative, Larson’s actions may constitute copyright infringement unless she can successfully argue fair use.

Copyright Infringement 111

Copyright Infringement Art Copyright Cease and Desist 111

Likelihood of Confusion

JULY 30, 2022

The New York Law Journal reports online (registration required) that the Southern District of New York has, thankfully, put a rare brake on the copyright rent grab. The defendant, Dorling. The post Grateful Defendant appeared first on LIKELIHOOD OF CONFUSION™.

Journalism 52

Journalism Registration Reporting Copyright 52

IIPRD

APRIL 8, 2024

Accusations of copyright infringement have come up in recent times by creators, however the way generators like stable diffusion function, they transform these images to an extent where they appear to be a new creation, such nature and the application of the fair use doctrine appears to be an alternate legal argument for these apps.

Art 52

Art Artwork Intellectual Property Copyright Law 52

Art Law Journal

MARCH 11, 2021

If the owner of a copyrighted work cannot be found, can I use it? The post Using Orphan Works (Copyright Holder Can’t Be Located) appeared first on Art Business Journal. It may be possible if you analyze the orphan work properly.

Copyright 52

Copyright Journalism Art Business 52

Patently-O

AUGUST 31, 2021

Although the Supreme Court eventually sided with Google on fair use grounds, it did not disturb the Federal Circuit’s copyrightability decision that strongly supported copyright protection even for functional software. Law Journal Reading List from the Briefs: Paul Goldstein, Infringement of Copyright in Computer Programs , 47 U.

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

Art Law Journal

FEBRUARY 18, 2021

appeared first on Art Business Journal. Whenever an artist or writer portrays a living person in an unflattering light, they are likely to receive a letter or angry phone call saying things like “I am going to sue you for defamation” or “you’ll be hearing from my lawyer,” along with plethora of swear words.

Journalism 52

Journalism Art Business Fair Use 52

The IPKat

JULY 15, 2023

In his post, William discusses the decision and reflects on how it might influence and become guidance for future disputes around fair use. William's full article for the Journal of Intellectual Property Law & Practice can be instead accessed here. Goldsmith Opinion [case no.

Cinema 52

Cinema Intellectual Property Intellectual Property Law IP 52

Technology & Marketing Law Blog

AUGUST 29, 2022

The Constitutionality of Mandating Editorial Transparency , 73 Hastings Law Journal 1203 (2022). How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Regulation of Housing Advertising (2022 Edition). 2022 Edition of Internet Law: Cases and Materials. Blog Posts.

Editing 88

Editing Social Media Blogging Advertising 88

43(B)log

SEPTEMBER 2, 2021

Use of a mark, even a well-known mark, isn’t explicitly misleading if it only implicitly suggests endorsement or sponsorship. The recent Dr. Seuss case found that Rogers applied even when the defendant’s work was not a copyright fair use, and the work used Seussian font, Seussian illustration style, and a similar title.

Fair Use 88

Fair Use Journalism Music Registration 88

IP and Legal Filings

JANUARY 13, 2023

De minimis in copyright can be used for different reasons such as for fair use analysis, substantial similarity analysis [7] , among its other such uses. JOURNAL PUBLICATIONS. Andrew Inesi, A Theory of De Minimis and a proposal for its application in Copyright, Berkeley Technology Law Journal Vol.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

IIPRD

JANUARY 28, 2023

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. It is extremely difficult for a person who owns copyrights to identify the individual who has used their work. National Journal of Cyber Security Law , 5 (1). [1]

Privacy 52

Privacy Government Intellectual Property Fair Use 52

SpicyIP

NOVEMBER 17, 2023

Aside from various journals, his writings can be found at SpicyIP.com where he has been writing since 2008. Swaraj Paul Barooah Swaraj Paul Barooah is an IP law and policy Consultant and Managing Editor of SpicyIP, globally recognised as a top resource for Indian IP law and policy.

Intellectual Property 105

Intellectual Property Technology IP Law 105

43(B)log

JUNE 26, 2023

I think the court expects nominative fair use to take care of this, and that’s plenty defensible.) What about nominative fair use? It’s true that you can’t reasonably talk about the new work from the producers of Live PD without saying that, so this factor weighed in favor of nominative fair use.

Social Media 59

Social Media Copying Fair Use Advertising 59

Copyright Lately

MAY 1, 2023

She would create a dataset of sound files consisting of Drake acapella vocals (stripped from the music tracks using a vocal separator) and run the data through software used to train the voice model. In case you’re interested, here’s a link to a journal article I wrote about the Romantics v. What’s Next?

Music 87

Music Copyright Copying Copyright Law 87

SpicyIP

FEBRUARY 17, 2023

It is a common feature of agreements between the publishers and authors of journal articles to lack this element of royalty being paid to the latter (as highlighted here ). While consideration can take the form of publicity or publication for the author, the royalty must be paid in monetary terms.

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

IP and Legal Filings

JANUARY 22, 2024

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. Digital Rights Management & Fair Use If everything is so well designed, then where is the issue?

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Likelihood of Confusion

DECEMBER 22, 2023

Free (and apolitical) IP advice for bloggers over at Right Wing News. Originally posted 2010-07-29 22:57:01. Republished by Blog Post Promoter The post And worth every penny! appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 80

Blogging IP Fair Use Journalism 80

Velocity of Content

JANUARY 31, 2023

I don’t find this argument convincing given the ability today to license many content types at scale for TDM, including images, music and yes, journal articles (See “Full disclosure” above), but it is an argument often offered by infringers. This practice creates a single point of contact for uses that may not fit within the CC lines.

Licensing 98

Licensing Fair Use Journalism Publishing 98