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

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

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. The Washington Post previously reported that the “C4 data set,” which Google and Facebook used to train their AI models, included Z-Library and various other pirate sites.

Copyright Infringement 140

Copyright Infringement Fair Use Copyright Journalism 140

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 97

Copyright Infringement Copyright Publishing Copying 97

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 86

Copyright Infringement Copyright Publishing Copying 86

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

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). 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. Books and Academic Articles.

Editing 89

Editing Social Media Blogging Advertising 89

Velocity of Content

FEBRUARY 7, 2024

In the quaint days of 2019, when the EU issued its Digital Single Market Copyright Directive (DSM) , much attention was focused on issues such as a news publishers’ right and the obligations of platforms to take down infringing materials. This article originally appeared in The Scholarly Kitchen and is republished with permission.

Editing 59

Editing All Rights Reserved Publishing Copyright 59

Technology & Marketing Law Blog

FEBRUARY 13, 2023

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? Absent consent, fair use, or a First Amendment defense, publishing the interviews without Trump’s consent is therefore a violation of his copyright.

Copyright 120

Copyright Blogging Publishing Fair Use 120

SpicyIP

NOVEMBER 19, 2023

Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol. VIII, Issue I [Submit by January 7, 2024] NLU Jodhpur’s Journal of Intellectual Property Studies is inviting original, unpublished manuscripts for publication for its upcoming issue. The last date for submissions is January 7, 2024.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

Velocity of Content

AUGUST 10, 2022

By way of background, the EU, as part of its Digital Single Market Copyright Directive , looked at the then-extant UK copyright exception for the making of copies of copyrightable works to perform text and data mining (TDM) in a non-commercial context. This exception will accelerate revenue decline and reduced output.

Law 116

Law Licensing Publishing Intellectual Property 116

Kluwer Copyright Blog

MARCH 6, 2023

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. 243, 244), seek to protect the ability of text and data mining researchers to use copyrighted content in their work. 3 and 4) and in Singapore’s new Copyright Act (Art. HathiTrust, 755 F.3d 3d 87 (2d Cir.

Copyright 121

Copyright Social Media Publishing Licensing 121

SpicyIP

JULY 11, 2021

He evaluates the various applicable laws to argue that a thesis is a ‘public document’, the right to access which is available to the public as a matter of public interest, as well as through fair use under Section 52 of Copyright Act and also the RTI Act. Other Posts. For further details, please see the announcement.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

43(B)log

JUNE 26, 2023

Although the court is quite careful, this does seem to be TM/market analysis creeping into copyright.] So they’re in the same online video market. Was the source of the confusion the use of the name, or the use of elements for which A&E lacks trademark protection? What about nominative fair use?

Social Media 59

Social Media Copying Fair Use Advertising 59

The IPKat

AUGUST 6, 2023

And, speaking of the book, we are happy to re-publish the review that Bill Patry (Mayer Brown) provided of it, as just published by the Journal of Intellectual Property Law & Practice. originality, what is idea and what is expression, what are the elements of and standards for substantial similarity and in the USA, fair use.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Copyright Law 52

Technology & Marketing Law Blog

JANUARY 24, 2023

Two recent key developments were the Digital Markets Act and the Digital Services Act. This discourages visits to new sites, which will reward incumbents and thwart new market entrants. JCPA (Journalism Competition and Preservation Act). It also puts users’ privacy and security (including minors’!) at greater risk.

Law 114

Law Social Media Government Privacy 114

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 85

Music Copyright Copying Copyright Law 85

LexBlog IP

APRIL 20, 2022

As described here in a previous post: The United States Court of Appeals for the Second Circuit rejected an artistic intent or purpose test for fair use on March 26, 2021, in The Andy Warhol Foundation v. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. at 7-9) were transformative.,”

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52

LexBlog IP

AUGUST 31, 2022

ii) For Laughs : Real Infringement Cases Impacted, In The US and Elsewhere, By Claims To Humor To Show Fair Use Or Non-Confusion. ” Many of these issues on the trademark side could be addressed in the Jack Daniels matter if the US Supreme Court grants cert. Eleonora Rosati, “Just a laughing matter?

Fair Use 52

Fair Use Trademark Moral Rights Law 52

Technology & Marketing Law Blog

AUGUST 1, 2023

The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use. ” In practice, the CJPA would impose payment obligations on some embedders for some works, even though this case would hold that those uses are not infringing. 3d at 1160.

Blogging 96

Blogging Copying Social Media Copyright 96

43(B)log

JUNE 30, 2023

YT agreed not to consider fair use in content takedowns from a major movie studio—a concession that affected other users. Journalism that tells people only what they want to hear is a known risk; so are there uses of data which you must not make? That has influence over policies, usually restrictively.

Law 40

Law Licensing Reporting Litigation 40

LexBlog IP

SEPTEMBER 29, 2022

They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name ). In the US, other sound marks include Law & Order ’s ca-chung chung (as Reg. 3137680), the lightsaber sound from Star Wars (as Reg.

Trademark 52

Trademark Registration Music Intellectual Property 52