TorrentFreak

MARCH 21, 2023

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Mass Copyright Infringement or Fair Use? The publishers are not against libraries per se, nor do they object to ebook lending.

Publishing 136

Publishing Copyright Fair Use Copyright Infringement 136

Patently-O

APRIL 3, 2022

Apparently Vanity Fair commissioned Warhol to make an illustration for its 1984 article on Prince. As part of that process, VF obtained a license from Goldsmith, but only for the limited use “as an artist’s reference in connection with an article to be published in Vanity Fair Magazine.” 17 U.S.C. §

Fair Use 118

Fair Use Art Licensing Publishing 118

Technology & Marketing Law Blog

AUGUST 31, 2021

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. These three cases address fair use in this context. Pub Ocean then published an article titled “A Massive Lake has Just Materialized in the Middle of One of the Hottest Places on Earth”.

Fair Use 128

Fair Use Journalism Licensing Marketing 128

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.

Fair Use 128

Fair Use Derivative Work Art Licensing 128

TorrentFreak

AUGUST 13, 2023

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Mass Copyright Infringement or Fair Use? The Internet Archive has no such license. The Internet Archive has no such license.

Publishing 78

Publishing Copyright Copyright Infringement Copying 78

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.

Publishing 142

Publishing Fair Use Marketing Marketing 142

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.

Publishing 110

Publishing Fair Use Copying Editing 110

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

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. ).

Fair Use 103

Fair Use Copyright Law Copyright Law 103

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. Frank Kent moved to dismiss the action, but the U.S. Read more

Fair Use 40

Fair Use Social Media Copyright Copyright Infringement 40

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.

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

LexBlog IP

MAY 24, 2023

Goldsmith , Opinion located here , the estate of deceased pop artist Andy Warhol argued its use of the photo at issue was fair use under the first of the four Fair Use test factors (the “purpose and character of the use”), because Warhol’s contributions were transformative, adding new expression, meaning, or message.

Fair Use 40

Fair Use Copyright Licensing Copying 40

LexBlog IP

MAY 3, 2022

Keith Bell published a book in 1982 entitled Winning Isn’t Normal which provides strategies for success in athletics. The WIN Passage is subject to a separate copyright registration and he offers licenses for its use. The school district did not seek his permission before publishing the tweets.

Fair Use 52

Fair Use Social Media Copyright Marketing 52

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.

Publishing 145

Publishing Fair Use Copyright Infringement Copyright 145

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

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.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

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.

Copyright 115

Copyright Fair Use Publishing Marketing 115

LexBlog IP

NOVEMBER 17, 2023

This time, a group of music publishing companies, including Concord Music Group, Inc., 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. ABCKO Music, Inc., ” Id. at ¶ 10. 1258 (2023).

Music 52

Music Copyright Infringement Publishing Copyright 52

Plagiarism Today

MAY 31, 2022

2: Amendment Passes to Grant Teachers Fair Use of Copyrighted Work Remotely. Next up today, Focus Taiwan reports that the Taiwan legislature has passed a new copyright law that would grant educators a fair use protection when using copyright-protected works via online classes.

Fair Use 196

Fair Use Reporting Plagiarism Copyright 196

Dear Rich IP Blog

NOVEMBER 10, 2020

Dear Rich: I'm about to submit a copyright application and have a question about whether or not a song is considered published. If I send copies to a few people, is that considered "published," or does it have to be a mass distribution, like a sale? That's because copyright could be lost if a work was published without notice.

Publishing 52

Publishing Fair Use Copying Copyright 52

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.

Copyright 112

Copyright Fair Use Copyright Law Copyright Notice 112

Plagiarism Today

FEBRUARY 21, 2022

1: Judge: Jehovah’s Witness Parodies Are Fair Use. The Watch Tower Bible and Tract Society is an organization that is operated by the Jehovah’s Witness religious group and serves as their publisher and as a supervising body. They are also publishers of the Watch Tower publication. Watch Tower: So What?

Copyright Infringement 179

Copyright Infringement Fair Use Copyright Plagiarism 179

Plagiarism Today

OCTOBER 25, 2021

De La Santos mentions these allegations in his response to the lawsuit, which also makes arguments of fair use and that he is an “innocent infringer,” an argument that could potentially lessen any damages against him. 3: Music Publishers Propose Higher Streaming Payments.

Music 189

Music Publishing Fair Use Journalism 189

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.

Copyright 86

Copyright Fair Use Journalism Publishing 86

The IP Law Blog

DECEMBER 29, 2023

Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. 3: What Now for Fair Use After Warhol v. As we look back, we want to share The Briefing’s most popular episodes in 2023.

False Advertising 62

False Advertising Intellectual Property Fair Use Music 62

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.

Fair Use 106

Fair Use Licensing Music Art 106

Plagiarism Today

SEPTEMBER 9, 2021

According to H3’s response, their use of the video in the podcast was a fair use and if the version they had was pirated, that is not itself a copyright infringement. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Copyright Infringement 214

Copyright Infringement Music Copying Copyright 214

Plagiarism Today

MAY 16, 2022

The case looked at whether You Raise Me Up was similar to a 1977 Icelandic song Söknuður , which is owned by Johannsongs-Publishing, Ltd. According to the judge, Vape is a fair use as its goal is to be a parody of the source material and not meant to replace it in the marketplace.

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Cease and Desist Music Public Domain Publishing 160

BYU Copyright Blog

JANUARY 24, 2022

Pearson, a large textbook and education company, accused Chegg of copyright infringement as Chegg publishes answers online to the questions found in Pearson’s textbooks. In its Answer, Chegg asserts multiple defenses, including that “any use of Pearson’s asserted copyrighted works by or through Chegg’s services constitutes fair use.”

Fair Use 95

Fair Use Licensing Copyright Infringement Publishing 95

Plagiarism Today

AUGUST 2, 2021

In the case, Nicklen argued that a photographer or videographer that uses Facebook or Instagram to promote their content should not automatically give up the right to license it to third parties, such as Sinclair. In addition to Owen, the plaintiffs also list all of his publishers and all the songwriters as defendants.

Copyright Infringement 246

Copyright Infringement Copyright Law Reporting Licensing 246

LexBlog IP

DECEMBER 29, 2023

Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. 3: What Now for Fair Use After Warhol v. As we look back, we want to share The Briefing’s most popular episodes in 2023.

False Advertising 52

False Advertising Intellectual Property Fair Use Music 52

The IP Law Blog

OCTOBER 13, 2022

Take-Two Interactive Software found that the depiction of tattoos on wrestler Randy Orton in a video game published by Take Two Interactive infringed the tattoo artist’s copyright in the tattoos. Take Two had good reason to believe in its implied license defense. The District Court also found that the use was not fair use.

Fair Use 98

Fair Use Copyright Licensing Copying 98

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.,

Music 98

Music Licensing Television Copyright Infringement 98

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

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.

Plagiarism 124

Plagiarism Fair Use Copying Copyright Infringement 124

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

Licensing 52

Licensing Fair Use Journalism Copyright Law 52

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.

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Litigation Fair Use Copying Derivative Work 96