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

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

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

43(B)log

APRIL 26, 2023

The parties compete in the market for skid steer attachments and other products. LJD therefore reduced the amount of business it conducted with Creager until it could determine how the litigation between Creager and IDT was resolved. The ads used the entire images.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

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

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

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. First, the Court found that the purpose-and-character-of-use factor leaned in favor of Netflix. Lynn Goldsmith, et al. , Koons , 467 F.3d

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

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 83

Blogging Copyright Fair Use Copyright Infringement 83

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

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

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

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

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 85

Fair Use Licensing Ownership Copying 85

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? The complaint. –Shah v.

Copyright 124

Copyright Fair Use Licensing Ownership 124

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 112

Publishing Fair Use Copying Editing 112

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

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

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

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

Plagiarism Today

OCTOBER 26, 2021

If the costume isn’t licensed, why is it not infringing regardless of the name change? In short, Juice Demon is Juice Demon because he can’t be Beetlejuice, not without a license. However, commercial use of costumes still raises legal questions. This isn’t to say there’s been no litigation in this area.

Trademark 246

Trademark Copyright Cease and Desist Copying 246

TorrentFreak

AUGUST 14, 2021

“Without any license or any payment to authors or publishers, IA scans print books, uploads these illegally scanned books to its servers, and distributes verbatim digital copies of the books in whole via public-facing websites.” Internet Archive Responds – Fair Use is Not Piracy.

Publishing 145

Publishing Fair Use Copyright Infringement Copyright 145

LexBlog IP

JUNE 10, 2022

The US Supreme Court in March decided it will revisit a dispute over pop artist Andy Warhol’s images of Prince. Goldsmith , the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law. Understanding the Fair Use Doctrine. Oracle America, Inc.

Fair Use 52

Fair Use Intellectual Property Copyright Copyright Infringement 52

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

SpicyIP

MAY 2, 2022

Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? In response the Defendant claimed, “ fair use” and “ de minimis” use.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e., Secondly, para.

Copyright 124

Copyright Art Copyright Law Licensing 124

Technology & Marketing Law Blog

MARCH 3, 2022

The school moved to dismiss on fair use grounds, and the district court granted the motion and awarded attorneys’ fees to the school. (I Bell appealed to the Fifth Circuit, which easily affirms the fair use dismissal and attorneys’ fees. Nature of the Use. ” Bell sued anyways. Nature of the Work.

Fair Use 95

Fair Use Litigation Marketing Marketing 95

IP and Legal Filings

JANUARY 8, 2023

Contingent liabilities, or funds saved in case of a potential litigation, may result from infringement instances. Through a licensing agreement, they can give consent for other parties to utilize their creations. emphasized the fair use and dealing of copyrighted matters under section 52(1)(a) of the Act. Wynk Music Ltd.

Copyright 74

Copyright Copyright Infringement Music Copying 74

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Wouldn’t It Be Great if Internet Services Had To License Technologies Selected by Hollywood? Books and Academic Articles.

Editing 89

Editing Social Media Blogging Advertising 89

Kluwer Copyright Blog

APRIL 8, 2024

Litigation against these models has piled up at the same breakneck speed as they have gained ground. And at the core of this litigation lies a common claim: generative AI has a memory problem. This is an important shift from past litigation involving copy-reliant technologies and therefore merits a fresh look.

Fair Use 113

Fair Use Copyright Copying Technology 113

Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts. We were not aware that the image may have been created by AI” 2.

Copyright 145

Copyright Art Fair Use Registration 145

Copyright Lately

AUGUST 2, 2022

Multiple times throughout June and July 2022, Netflix informed Barlow & Bear’s lawyers that their July 26 performance wasn’t authorized and would give rise to claims for willful copyright and trademark infringement unless they negotiated a license—which Netflix was willing to do. A Musical Parody ” and “ Friends!

Music 104

Music Derivative Work Fair Use Cease and Desist 104

43(B)log

AUGUST 4, 2023

Room 204 Christopher Buccafusco (w/ Joseph Blocher), Firearms, Innovation, and Regulation How do law and markets affect the pace and direction of innovation for firearm related safety in the US? But none reached the market despite millions in R&D from National Institute of Justice. Costly inefficiencies in supply and demand.

Copyright 52

Copyright Fair Use Marketing Marketing 52

JIPL Online

MARCH 19, 2021

Given the disparity in negotiating power between a platform the size of Twitch and individual creators, Twitch is better situated to take on the burdens of negotiating a music licensing solution on behalf of all of the creators who drive traffic to their site. [i]

Music 76

Music Copyright Licensing Fair Use 76

Technology & Marketing Law Blog

OCTOBER 19, 2021

As a result, the legal issues rarely are litigated any more. * * *. The court approaches this case like it’s an adware case, but the court never once uses the term. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? ” Wait, what?

Licensing 88

Licensing Copyright Contracts Advertising 88

43(B)log

FEBRUARY 24, 2024

Can enshrine things like notice & takedown in © law, but that has effects on the ability to assert fair use. Adjudicators need to hear about risks of overenforcement, overclaiming; defenses—he gets emails from sellers of used or grey market goods snared in a robotic search. It’s like with CPB. Riddled with errors.

Fair Use 45

Fair Use Branding Brands Branding 45

IPilogue

OCTOBER 28, 2021

District Court for the Eastern District of New York ruled that the parodical and satirical use of Fun World’s copyrighted “Ghost Face” mask was permitted under the fair use doctrine. Scary Issues with Licensing and Trademarks. More recently, on September 27, the U.S. It appears in the U.S., DIY Tricks?

Intellectual Property 116

Intellectual Property Designs Design Copyright 116