43(B)log

FEBRUARY 4, 2023

A Few Words for a Lost Friend: Tribute to Dmitry Karshtedt (Bob Brauneis, Mark Lemley, Jake Sherkow) Closing Plenary Session: Fair use Robert Brauneis, Copyright Transactions in the Shadow of Fair Use Suppose a work does not infringe another work because and only because it’s been ruled a fair use.

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

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.

Fair Use 52

Fair Use Art Licensing Derivative Work 52

LexBlog IP

MAY 22, 2023

The Supreme Court ruled on May 18 that Andy Warhol’s “Orange Prince” work of pop art was not a fair use when licensed to Condé Nast in 2016. ” Goldsmith’s photograph was then licensed to Vanity Fair in 1984 for $400 as a “one time” “artist reference for an illustration.”

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52

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] Vanity Fair , in turn, commissioned Warhol to make a silkscreen using Goldsmith’s photograph. Controversy” [8] : The Litigation.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

IP Watchdog

MAY 18, 2023

Court of Appeals for the Second Circuit was correct in holding that the Andy Warhol Foundation's (AWF's) licensing of an orange silkscreen portrait of the musician Prince, created by Andy Warhol using photographer Lynn Goldsmith’s photo, was not fair. The Supreme Court ruled today in Andy Warhol Foundation v. that the U.S.

Fair Use 124

Fair Use Licensing Art Music 124

43(B)log

MARCH 1, 2022

25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

TorrentFreak

FEBRUARY 22, 2024

The motion is centered around the statute of limitations but IA also stressed the importance of their archiving efforts, hinting that it would be eligible for a fair use defense. ” Fair Use? As such, its archiving effort should be able to rely on a fair use defense.

Copying 104

Copying Licensing Fair Use Cease and Desist 104

43(B)log

APRIL 26, 2023

Creager also alleged that IDT contacted vendors who sell Creager’s products and made defamatory statements; the one that seemed to have an impact was to third party LJD, claiming that Creager was using LJD’s name in “defamatory advertising against my company,” advising that LJD could be “tangled up in litigation.”

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

IP Watchdog

FEBRUARY 27, 2023

Companies rely on copyright protections to shield their software, data sets, and other works that are licensed to their customers; however, a reframing of what constitutes a “transformative use,” and the extent a license can restrict such fair uses, may whittle away all avenues of protections.

Copyright 128

Copyright Fair Use Derivative Work Licensing 128

Velocity of Content

MARCH 16, 2023

Regardless, as of this writing there are now five cases that may provide some clarity on this less frequently discussed but foundational issue of the unauthorized use of copyrighted materials as training data for AI (I use “AI” here as a shorthand which also includes text and data mining and machine learning). is being used as code.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Plagiarism Today

OCTOBER 4, 2022

Implied License – Second, Take-Two could have argued that, by placing the tattoo on Randy Orton, that Alexander granted an implied license for it to be used as part of his image, including on TV, film and video games. In short, the jury only weighed in on the fair use question, which they found the use to not be fair.

Copyright 202

Copyright Fair Use Licensing Copyright Infringement 202

TraskBritt Intellectual Property

APRIL 10, 2021

Supreme Court issued a decision in litigation involving Google’s Android operating system for mobile devices on April 5, 2021. LEXIS 1864 (2021), the Supreme Court held that Google’s copying was permissible fair use. In Google LLC v. 18-956, 2021 U.S. Software and IP. The Dissent.

Fair Use 40

Fair Use Copying Intellectual Property Copyright 40

Velocity of Content

MAY 1, 2024

29 town hall, The Heart of the Matter: Copyright, AI Training and LLMs, presented a comprehensive case that AI systems do infringe copyrights and called for a licensing system to compensate content owners. Fair use loomed large among those rights. The presentation wove together technical principles and legal arguments.

Fair Use 52

Fair Use Copying Licensing Copyright 52

IP Close Up

NOVEMBER 1, 2022

The Supreme Court recently heard arguments for the Warhol v. Goldsmith copyright case, which will have a dramatic impact on content providers and the definition Continue reading.

Fair Use 82

Fair Use Inventor Copyright Derivative Work 82

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 7, 2022

Cheng is based in Fish’s New York office, where she focuses her practice on trademark, trade dress, unfair competition, and copyright litigation. MIP ’s independent research is based on a weighted system of peer and client feedback, combined with a review of information obtained from surveys conducted with law firms and their clients.

Intellectual Property 86

Intellectual Property Fair Use Litigation Trademark 86

The IP Law Blog

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. Take Two had good reason to believe in its implied license defense.

Fair Use 98

Fair Use Copyright Licensing Copying 98

Copyright Lately

SEPTEMBER 26, 2022

In a first-of-its-kind copyright trial, a jury will decide whether tattoo artist Catherine Alexander can effectively control the use of Randy Orton’s likeness in video games. After over four years of litigation and five COVID-related continuances, it’s finally time for the main event. There’s a lot at stake.

Fair Use 86

Fair Use Licensing Ownership Copying 86

Technology & Marketing Law Blog

APRIL 6, 2022

The “Platform Policy” appears to grant a broad license to users of the API. As the court notes in a footnote, Instagram has changed its policy since the onset of the litigation. The current terms make clear that platform API users are not automatically granted a license and must independently secure rights in any content they embed.

Licensing 114

Licensing Fair Use Blogging Copyright 114

LexBlog IP

NOVEMBER 28, 2023

But wait, shouldn’t the Fair Use Doctrine imputed under the First Amendment apply to an obviously parodied creative work? All meme-like images in this article are properly licensed. Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here? Yes and no. What about meme generators?

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

The IP Law Blog

MARCH 2, 2023

Getty Images generates revenue by licensing the right to use its assets to businesses and consumers. Getty Images claims that its assets are highly desirable for use in connection with AI and machine learning, and it has licensed millions of digital assets to technology innovators for various purposes.

Copyright Infringement 104

Copyright Infringement Copyright Fair Use Technology 104

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. ,

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

Technology & Marketing Law Blog

OCTOBER 17, 2022

” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety restraints.'” GmbH has registered trademarks in the dictionary word “Emoji.” That’s messed up.

Trademark 109

Trademark Fair Use Registration Licensing 109

The IP Law Blog

SEPTEMBER 30, 2022

It is important to remember that use of any music, text, videos, images, or portions thereof, without explicit permission, is usually copyright infringement. While the fair use doctrine excuses some uses of copyrighted material, the fair use exceptions are much narrower than most people understand.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

Technology & Marketing Law Blog

JANUARY 25, 2023

Here’s an example of a subject photo from his complaint (which, based on this ruling, I’m now confident he can’t sue me for; plus fair use), with some pretty obvious photography flaws: His copyright claims raise a simple but troubling question: who owns the photos taken with his camera?

Copyright 124

Copyright Fair Use Licensing Ownership 124

Technology & Marketing Law Blog

OCTOBER 25, 2023

Instead, she gets a 12(b)(6) dismissal based on fair use. Purpose and Character of Use. “use of the entire image of the Tattoo in the 8-way split screen montage, with visual and audio effects, is appropriate to Defendants’ transformative purpose of showing the public’s reaction to Season One of the Tiger King series.”

Blogging 82

Blogging Copyright Fair Use Copyright Infringement 82

Plagiarism Today

AUGUST 17, 2021

The lawsuit was brought James’ Designworks, an aggressive litigant that has brought many similar lawsuits over alleged infringement of its floor plans and home designs. This sends the case back to the district court where other defenses, most notably fair use, will have to be weighed next.

Reporting 130

Reporting Fair Use Plagiarism Licensing 130

TorrentFreak

JUNE 14, 2022

Internet Archive later called for a peaceful solution , offering to partner with publishers to create a “digital system that works” A month later IA filed its answer to the complaint supported by defenses under fair use and the DMCA’s safe harbor provisions, and later attempted to show that its library did publishers no harm.

Publishing 110

Publishing Fair Use Copying Editing 110

LexBlog IP

NOVEMBER 17, 2023

They allege that Anthropic copies Plaintiffs’ copyrighted song lyrics and its AI chatbot, Claude, then generates those lyrics in response to user prompts—all without a license. The ruling focused on one question: whether the first factor in a fair use analysis, the purpose and character of the use, barred Goldsmith’s claim.

Music 52

Music Copyright Infringement Publishing Copyright 52

IPilogue

SEPTEMBER 29, 2021

The series was originally commissioned by Vanity Fair after it bought the license of the photo portrait from Goldsmith. The legal question at the center of the dispute is whether Warhol’s series is fair use of Goldsmith’s original photograph. The trial judge John G. The implication of the result will be far-reaching.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

Technology & Marketing Law Blog

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. The SAD Scheme helps with that.

Trademark 120

Trademark Fair Use Trademark Law Branding 120

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 89

Copyright Fair Use Settlement Designs 89

LexBlog IP

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. Take Two had good reason to believe in its implied license defense.

Fair Use 52

Fair Use Copyright Licensing Copying 52

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. This has important implications for the doctrine of fair use.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. Diebold from 2004, which led to a $125k damages award.

Registration 111

Registration Fair Use Copyright Designs 111

Copyright Lately

SEPTEMBER 12, 2022

Vila licensed his photo to various online and print publications for use in articles about Shayk. Otherwise, Vila asserted, “no photographer could ever take a picture of any individual wearing any item of apparel or accessories without obtaining licenses or waivers from any and all rightsholders in such apparel or accessories.”

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

JIPL Online

MARCH 15, 2021

Then, the post will predict how Netflix may shift its content practices, defense strategies, and settlement tactics as a result of their past litigation successes in copyright actions. 14] Before lawyers got involved, pressure from the photographer resulted in the granting of a licensing fee. [15] SETTLEMENT CASES. ANALYSIS/PREDICTION.

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98