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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Fair Use Derivative Work Copyright Law Art 52

TorrentFreak

MARCH 18, 2024

Publishers vs. Internet Archive The self-scanning approach differs from the licensing deals other libraries enter into. Publishers Respond to IA’s Appeal IA argued that its scanning-and-lending activities amount to fair use. “In short, IA’s practice of CDL is radical and unlawful. A Napster Moment?

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Publishing Fair Use Copying Music 111

TorrentFreak

DECEMBER 22, 2023

Publishers vs. Internet Archive The self-scanning service is different from the licensing deals other libraries enter into. They believe that IA’s library is disrupting the “ecosystem” and “market equilibrium” of ebook sales. The publishers didn’t listen to these concerns.

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Copyright Fair Use Publishing Marketing 119

TorrentFreak

MARCH 25, 2024

Publishers vs. Internet Archive The self-scanning service offered by the Internet Archive (IA) differs from the licensing agreements entered into by other libraries. Internet Archive’s theory of fair use represents a threat just as grave.” Thus, its actions are decidedly not protected by fair use,” their brief reads.

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Publishing Copyright Fair Use Intellectual Property Law 141

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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Fair Use Licensing Music Art 105

The IP Law Blog

MARCH 2, 2023

Getty Images, a global visual content creator and leading source for visual content, has filed a lawsuit against startup technology company Stability AI for allegedly scraping more than 12 million photographs from Getty Images’ portfolio without consent or compensation. This is a complex issue dealing with sophisticated technology.

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Copyright Infringement Copyright Fair Use Technology 104

Technology & Marketing Law Blog

SEPTEMBER 23, 2022

The case involves ShutterStock, a photo licensing service. (We We used ShutterStock as the blog’s image provider for several years). ShutterStock has a “contributor” program that allows anyone to upload photos into their licensing database in exchange for a fee if licensed.

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Licensing Copying Blogging Copyright 84

Technology & Marketing Law Blog

AUGUST 12, 2021

The court notes the language of section 106 reflects an intent to be “technology-neutral”. Fair use : The court also grapples with fair use. Citing to Barcroft and McGucken , the court says that the “photograph itself is the subject of the story” so this weighs in favor of fair use.

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Social Media Copyright Fair Use Licensing 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. Click below to listen to the latest episode of the Velocity of Content podcast.

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Licensing Fair Use Journalism Copyright Law 52

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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Fair Use Cease and Desist Social Media Art 62

Technology & Marketing Law Blog

MAY 17, 2024

While this conflict might seem minor (X’s users, after all, are not in the business of granting scraping licenses), the next one was not: Fair use. Judge Alsup suggested that X’s ToS conflict with copyright law by prohibiting scraping irrespective of whether it qualifies as fair use. The post X Corp.

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Blogging Contracts Fair Use Copyright Law 124

Technology & Marketing Law Blog

JUNE 2, 2022

Nature of Use. 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. ” This is another jury issue. .” Case Citation : Sedlik v.

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Copyright Social Media Fair Use Licensing 142

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.”

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Blogging Copyright Fair Use Copyright Infringement 82

Technology & Marketing Law Blog

APRIL 6, 2022

The “Platform Policy” appears to grant a broad license to users of the API. 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. Fair use is also an issue best left for trial : Newsweek also argued fair use.

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Licensing Fair Use Blogging Copyright 114

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.

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Fair Use Copying Licensing Copyright 52

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.

Blogging 133

Blogging Fair Use Copyright Infringement Copyright 133

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.

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Trademark Fair Use Registration Licensing 109

Copyright Lately

OCTOBER 2, 2023

It’s time to start paying attention though, because a Delaware District Court judge just ordered this low-profile AI case to trial, largely denying the parties’ motions for summary judgment on copyright infringement and fair use (read the opinion here). These copies, Ross claims, are fair use. Thomson Reuters v.

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Fair Use Copyright Copying Copyright Infringement 97

LexBlog IP

MAY 31, 2023

The Court held that the first factor of the copyright fair use test favored respondent photographer, Lynn Goldsmith, rather than petitioner, Andy Warhol Foundation for the Visual Arts (“AWF”). Vanity Fair engaged Andy Warhol to create an illustration based on Goldsmith’s photograph for use in the magazine.

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Velocity of Content

MARCH 16, 2023

I speculated that this was an attempt to avoid a messy fair use dispute. As I also mentioned, Microsoft’s lawyers seem to think that fair use excuses copying for AI purposes everywhere, so I would expect Microsoft to try that defense here, given its lack of other arguments. is being used as code. Ltd, et al.-

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Litigation Fair Use Copying Derivative Work 98

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.

Fair Use 52

Fair Use Licensing Music Art 52

The IPKat

NOVEMBER 22, 2023

As the UK Government grapples with how to address the new technological landscape of artificial intelligence, several Committee Inquiries are underway to consider if or how the Government should intervene, including the House of Lords Communications and Digital Committee on Large Language Modules, at which this Kat was invited to provide evidence.

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Intellectual Property Copyright Fair Use Government 96

IPilogue

OCTOBER 26, 2021

It started out in 2010 when Oracle sued Google for copying the application programming interfaces (APIs) of Java, a programming language developed and licensed by Sun Microsystems and later acquired by Oracle, in Google’s development of the Android operating system. ruled that Google’s use is “minimal,” about 0.4 smartphones). .

Copyright Infringement 111

Copyright Infringement Copyright Fair Use Settlement 111

Nelligan Law

FEBRUARY 20, 2024

With advancements in tattooing technology, equipment, and artistic styles, the boundaries of skin artistry have expanded exponentially, empowering artists to stretch the limits of creativity and ingenuity. In the realm of tattooing, ascertaining whether a tattoo qualifies as fair use can prove especially challenging.

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Copyright Fair Use Copyright Law Settlement 79

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. The court ruled in favor of the defendants, holding that their use of the briefs constituted “fair use” under the Section 107 of the Copyright Act.

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Plagiarism Fair Use Copying Copyright Infringement 124

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

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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Copyright Fair Use Licensing Ownership 124

Copyright Lately

SEPTEMBER 26, 2022

That order actually topped my list of the 5 Worst Copyright Decisions of 2020 because, by sending the case to a jury, the court effectively ruled that anyone with a tattoo is not in control of the uses to which his or her likeness is put. Implied License and Fair Use Are the Key Remaining Defenses. There’s a lot at stake.

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Fair Use Licensing Ownership Copying 87

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 114

Publishing Fair Use Copying Editing 114

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

Fair Use 52

Fair Use Cease and Desist Social Media Art 52

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.

Fair Use 40

Fair Use Licensing Music Art 40

LexBlog IP

MARCH 2, 2023

Getty Images, a global visual content creator and leading source for visual content, has filed a lawsuit against startup technology company Stability AI for allegedly scraping more than 12 million photographs from Getty Images’ portfolio without consent or compensation. This is a complex issue dealing with sophisticated technology.

Copyright Infringement 40

Copyright Infringement Copyright Fair Use Technology 40

Technology & Marketing Law Blog

MAY 27, 2023

The court says: “whether YouTube has a license for a particular work will be a matter of intense inquiry at trial.” This is on top of the necessarily individualized considerations like fair use. YouTube appeared first on Technology & Marketing Law Blog. Case citation : Schneider v.

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Ownership Licensing Copyright Fair Use 65

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.

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Blogging Social Media Television Fair Use 90

IP and Legal Filings

OCTOBER 23, 2021

Technology and copyright law. This exclusive rights comprises of the right to copy, distribute, perform, license or adapt the work. The advancement of technologies has also significantly developed copyright laws over the years. Secondly, several have contended that DMCA jeopardizes fair use. WIPO Copyright Treaty.

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Copyright Copyright Law Technology Artistic Work 75

Technology & Marketing Law Blog

SEPTEMBER 18, 2021

The plaintiffs gave Instagram a license to display the photos. Court Definitively Rejects AFP’s Argument That Posting a Photo to Twitter Grants AFP a License to Freely Use It — AFP v. Court Rejects Agence France-Presse’s Attempt to Claim License to Haiti Earthquake Photos Through Twitter/Twitpic Terms of Service — AFP v.

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Copyright Copyright Infringement Social Media Licensing 115

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

However, nowadays due to the advancement of technology photographs by different photographers are made available to a worldwide audience through the internet. There are certain exceptions to copyright infringement that can be used as a shield in such cases. Firstly, the exception of fair use.

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Copyright Infringement Editing Copyright Artistic Work 52