Velocity of Content

MAY 22, 2024

This article originally appeared in The Scholarly Kitchen Copyright Licensing and Human Advancement Copyright licensing, that is, the granting of permission to reuse copyright works, has likely existed as long as copyright. Collective copyright licensing is nearly as old, generally viewed as dating from 1777.

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Kluwer Copyright Blog

MAY 9, 2022

Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message. have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement.

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TorrentFreak

AUGUST 19, 2021

Last June, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive for copyright infringement , describing its ‘Open Library’ as operating like a pirate site. Publishers Respond to Internet Archive’s Request.

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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.

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TorrentFreak

JUNE 14, 2022

In the summer of 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House filed a copyright infringement lawsuit against Internet Archive (IA). “The only issue is whether Internet Archive’s massive infringement scheme is fair use under 17 U.S.C. § In a June 10 letter to Judge John G.

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LexBlog IP

NOVEMBER 1, 2023

Businesses looking to capitalize on amusing or interesting videos in social media channels should beware of potential copyright infringement liability and bear in mind that a fair use defense may not be available. Read more

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Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v. Netflix , Inc. ).

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TorrentFreak

DECEMBER 22, 2023

Publishers vs. Internet Archive The self-scanning service is different from the licensing deals other libraries enter into. Not all publishers are happy with IA’s approach which triggered a massive legal battle two years ago. The publishers didn’t listen to these concerns.

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LexBlog IP

MAY 3, 2022

Keith Bell published a book in 1982 entitled Winning Isn’t Normal which provides strategies for success in athletics. He markets the books through online retailers and his own website. The WIN Passage is subject to a separate copyright registration and he offers licenses for its use.

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LexBlog IP

MAY 19, 2023

Yesterday, the Supreme Court held 7-2 that a specific use of Andy Warhol’s “Orange Prince” silk screen—based on a copyrighted photograph of Prince—was not fair use. The first factor did not apply to Warhol’s image as published in Condé Nast in 2016, so that specific use was not fair use.

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TorrentFreak

AUGUST 14, 2021

The service was not appreciated by book publishers. Publishers Sue IA For Copyright Infringement. HarperCollins Publishers LLC, John Wiley & Sons, Inc., and Penguin Random House LLC – all members of the Association of American Publishers – accused the Internet Archive of running a pirate site.

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Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. Percentage of Original Material Used.

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LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. copyright law. Copyright law in the U.S.

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Velocity of Content

OCTOBER 19, 2023

The 1976 Act was the first major revision of US copyright law since the 1909 Act , which was passed during the era of Mark Twain, ragtime, player pianos, and early silent films. Of course, The Nation published the juiciest details from the memoir: Ford’s reasons for pardoning his predecessor, Richard Nixon.

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Velocity of Content

MAY 24, 2023

In this post, we’ll provide you with four copyright tips that will help you better understand how published material can be leveraged in your projects in a copyright compliant way. I want to use copyrighted material for internal use only. Check the terms and conditions of these agreements to see if your reuse is covered.

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IP Intelligence

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.” (S. At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. Damle introductory statement, Tr.

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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

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TorrentFreak

DECEMBER 13, 2023

The submission was filed by the Science Fiction and Fantasy Writers Association ( SFWA ), which represents over 2,500 published writers. The association is particularly concerned with the suggestion that its members’ works can be used for AI training under a fair use exception.

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Velocity of Content

OCTOBER 9, 2023

On Thursday, October 12, 2023, 1000 EDT/1500 BST/1600 CEST, CCC presents a Town Hall special program on LinkedIn Live, “AI, Licensing & The Path Forward.” As a legal precedent, Texaco paved the way for far broader license acceptance by Fortune 100 and other corporations,” he noted. “As

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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. In Cannon, the Iowa Supreme Court affirmed disciplinary action against a lawyer who filed a brief using work that was largely plagiarized from a published article.

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Technology & Marketing Law Blog

JUNE 2, 2022

Nature of Use. It’s a creative photo, but it was published. Amount Used. It wasn’t possible to use only a portion of the photo to depict melancholy, so I guess the court is saying Kat Von D should have picked a different image altogether? This factor weighs against fair use. Market Effect.

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Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. To briefly summarize, the court left the fair use question entirely to the jury, despite its own pre-trial order and the Supreme Court’s recent decision in Google v.

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Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. I speculated that this was an attempt to avoid a messy fair use dispute. One core concept in AI-relevant cases that both find for, and against, fair use ( Google Books and Fox v. is being used as code. is being used as code.

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Kashishipr

JUNE 9, 2021

With the onset of the trend wherein users are gradually switching to online streaming to meet their music needs and discarding traditional methods such as radio, television, and music CDs, compulsory licensing for the internet was recognized as a key policy issue by the music industry last year. Background. The Plaintiff, Tips Industries Ltd.,

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Copyright Lately

JUNE 2, 2022

In a 30-page order, the district court largely denies both parties’ motions for summary judgment, finding triable issues on substantial similarity and fair use. and High Voltage Tattoo) asked the court to determine that the use of Sedlik’s photo as a reference image qualified as a fair use of the copyrighted work.

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BYU Copyright Blog

MAY 13, 2024

Commercial Educational Materials May 13, 09:24 AM May 13, 09:23 AM A while ago, in January 2022, we published a post with updates on Chegg Inc.s Chegg presented several defenses, including fair use, copyright misuse, express license, and equitable estoppel. Will the Court Find the Answers?

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Technology & Marketing Law Blog

MAY 17, 2024

First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. Judge Alsup suggested that X’s ToS conflict with copyright law by prohibiting scraping irrespective of whether it qualifies as fair use.

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The IPKat

SEPTEMBER 12, 2022

The Rome Court of First Instance, which also considered (and applied) the US doctrine of fair use, eventually dismissed the action. The first instance judgment was also incorrect in considering 'fair use' applicable. Fair use is not a valid defence under Italian/EU law.

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LexBlog IP

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

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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.

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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.” At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. ” (S.

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The IPKat

NOVEMBER 22, 2023

A Large Language Model (LLM) is an artificial intelligence (AI) algorithm that uses deep learning and large data sets to analyse, summarize, generate, and predict content. They are trained on large volumes of data in multiple steps including copyright protected works used with or without the permission of the creator or appropriate licenses.

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Kluwer Copyright Blog

AUGUST 13, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. A full summary of this case has been published on Kluwer IP Law. Case date: 26 March 2021.

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Kluwer Copyright Blog

AUGUST 12, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. A full summary of this case has been published on Kluwer IP Law. Case date: 26 March 2021.

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IP and Legal Filings

JULY 21, 2022

The most universal limitations to the rights of the owner are the right to copy insubstantial parts and the right of fair dealing or use. Here, the Fair use doctrine does not define any boundary within which anything can be put, the list can be endless. No educational institution applied for any licenses till now.

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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. At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. Damle introductory statement, Tr.

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Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

There are certain exceptions to copyright infringement that can be used as a shield in such cases. Firstly, the exception of fair use. One has to check if the way in which the photograph is being used falls within the scope of fair use. This time, in 2013, the judgement in favour of Cairou was overturned.

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