43(B)log

APRIL 26, 2023

The parties compete in the market for skid steer attachments and other products. The nature of the work didn’t disfavor fair use, since they were not particularly “creative or artistic” but were made to sell post drivers. The ads used the entire images. The “most important” factor was market effect, and there was none.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

Plagiarism Today

OCTOBER 19, 2022

First off today, Ernesto Van der Sar at Torrentfreak writes that the RIAA has submitted its recommendations to the United States Trade Representative (USTR) regarding international notorious markets for piracy. The Notorious Markets report is an annual report by the USTR that identifies international markets that enable piracy.

Copyright Notice 175

Copyright Notice Music Reporting Copyright 175

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.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

Plagiarism Today

OCTOBER 13, 2022

First off today, Blake Brittain at Reuters reports that yesterday the Supreme Court heard oral arguments in a case pitting photographer Lynn Goldsmith against the estate of artist Andy Warhol. In 1984, Lynn licensed one of her photographs of the musician Prince to be converted into a painting by Warhol for Vanity Fair magazine.

Cease and Desist 195

Cease and Desist Copyright Infringement Licensing Fair Use 195

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. The first factor of fair use considers the nature of and reasons for a copier’s use of an original work. [4]

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

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

TorrentFreak

AUGUST 19, 2021

The Internet Archive (IA) sees things differently, noting that its ‘Controlled Digital Lending’ process operates for purposes including preservation, access and research, therefore meeting ‘fair use’ standards. In parallel, IA believes its liability is limited due to the safe harbor provisions of the DMCA.

Publishing 142

Publishing Fair Use Marketing Marketing 142

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.

Blogging 98

Blogging Contracts Fair Use Copyright Law 98

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

IPilogue

OCTOBER 12, 2022

When hearing of the future live shows Barlow and Bear had planned, Netflix offered them a licensing agreement that would permit their shows, continued distribution of the album, and any further performances of the Bridgerton -inspired songs; but Barlow and Bear refused the licensing option. In the case of Shazam v.

Intellectual Property 105

Intellectual Property Social Media Music Fair Use 105

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.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 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

Intellectual Property Law Blog

JUNE 5, 2023

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use.

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

The IPKat

NOVEMBER 22, 2023

This report is provided by Aiswarya Deepa Padmakumar , Simon Parayemkuzhiyil Abraham , and Aashish Murali Krishnan who attended the session and are students of mine pursuing their Masters in Law at Brunel University London. They say that this is fair use under US law. Is GDPR enough to protect personal data used by AI?

Intellectual Property 96

Intellectual Property Copyright Fair Use Government 96

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

TorrentFreak

MAY 26, 2023

The lawsuit in question was filed by Applause Entertainment, the Indian company behind the TV-series “Scam 1992” The series covers the 1992 Indian stock market scam, adapted from Debashis Basu’s book The Scam. The TV production is licensed to Sony LIV and was a huge success.

Social Media 121

Social Media Copyright Infringement Ownership Fair Use 121

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court spends more time on its likelihood of confusion analysis.

Blogging 91

Blogging Social Media Television Fair Use 91

SpicyIP

MAY 2, 2022

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. The same, in its submission did not intend to impinge on the market of the Plaintiff. Akshat Agrawal.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

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.

Copyright 86

Copyright Licensing Higher Education Copying 86

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. Leaving the law aside, generative AI triggered some backlash in 2022.

Copyright 145

Copyright Art Fair Use Registration 145

Technology & Marketing Law Blog

JANUARY 3, 2023

31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense. UMG Recordings, Inc.

Copyright 93

Copyright Social Media Copyright Infringement Publishing 93

TorrentFreak

MAY 8, 2023

Imported into the gray market in Europe, US cartridges were cheaper than their Japanese counterparts. Unfortunately, Japanese console owners soon found that while US cartridges would play on their machines, Nintendo had ensured that they wouldn’t physically fit in the slot. A snip at $165.

Copying 120

Copying Copyright Licensing Fair Use 120

Technology & Marketing Law Blog

DECEMBER 15, 2021

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. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions.

Registration 111

Registration Fair Use Copyright Designs 111

SpicyIP

OCTOBER 28, 2022

As reported on Entrackr , Pocket FM has filed a copyright infringement case against Kuku FM before the Delhi High Court. Pocket FM claims to have an exclusive license from Manjul Publishing House, the publisher of translated titles, that holds the Hindi rights to these books. Image from here. The matter is still being heard.

Copyright 126

Copyright Copyright Infringement Fair Use Licensing 126

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

JIPL Online

MARCH 15, 2021

In 2018, the Satanic Temple sued Netflix for fifty million dollars when Netflix used a sculpture of a goat-headed deity on “The Chilling Adventures of Sabrina.” [9] 13] In 2017, a photographer and copyright owner of images of VHS cassettes asserted that “Stranger Things” used these photos for its Collector’s Edition boxed set. [14]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

BYU Copyright Blog

JULY 12, 2021

Since we last reported on this case (in May of 2020), the Court of Appeals for the Ninth Circuit has issued its opinion on the matter, concluding that ComicMix, LLC ("ComicMix") cannot successfully claim a fair use defense against claims of copyright infringement by Dr. Seuss Enterprises ("Seuss").

Fair Use 40

Fair Use Intellectual Property Copying Copyright 40

JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. ix] Just a brief glimpse at a meme can demonstrate just how little copyright protected material is used. [x]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

APRIL 8, 2024

Several possible causes of overfitting have been reported in the literature : high complexity of the AI model, leading it to mould too closely to the training data; limited training data; and too much noisy data, affecting the model’s ability to distinguish relevant information – a signal – from the irrelevant – a noise.

Fair Use 113

Fair Use Copyright Copying Technology 113

LexBlog IP

JUNE 5, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 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] million in 2020 from more than 55,000 subscribers. [x]

Music 76

Music Copyright Licensing Fair Use 76

Copyright Lately

MAY 1, 2023

” On April 26, UMG held an earnings call in which it reported that revenues rose 11.5% It’s a new issue and there’s been some fresh reporting on it with some recent developments. By the way, I purposely used the names of individuals in my example to make a point. year over year to $2.71

Music 87

Music Copyright Copying Copyright Law 87

Traverse Legal Blog

OCTOBER 20, 2022

Non fungible tokens (NFTs) , the latest vehicle for capturing, linking to and licensing intellectual property. NFTs are being used in all forms of entertainment, gaming, art and science. That NFT can be transferred or licensed to subsequent NFT owners, all of which is recorded on the blockchain. . Does “Fair Use” Apply to NFTs?

Non-Fungible Tokens 40

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

The IPKat

OCTOBER 3, 2022

If we get a critical mass of replies, IPKat will be delighted to report on them in a future post. In part two of Bird & Bird's DSM Directive webinar series, there will be voices from different markets, including the UK, Italy, Denmark and the Netherlands. For more information, the programme and registration, click here.

Registration 62

Registration Intellectual Property IP Copyright 62

The IPKat

DECEMBER 20, 2023

This song called "NostalgIA" (IA standing for “Inteligencia Artificial” in Spanish) was created by account user “FlowGpt”, using the voices of Bad Bunny, Justin Bieber, and Daddy Yankee. The song, and specifically the part of Bad Bunny´s voice and style of lyrics, was reported by his fans to be so much like Bad Bunny that had them fooled.

Music 73

Music Social Media Copying Derivative Work 73

Velocity of Content

DECEMBER 6, 2023

Significant amounts of content are available through licenses, including open licenses such as CC BY and CC BY-NC. To what extent are copyrighted works licensed from copyright owners for use as training materials? To your knowledge, what licensing models are currently being offered and used? 529 F.Supp.3d

Copyright 98

Copyright Fair Use Licensing Copying 98