Copyright Lately
MAY 22, 2023
Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. Andy Warhol Foundation v.
IP Watchdog
NOVEMBER 17, 2021
“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. Naturally, the way courts analyze the “fair use” defense must adapt as technology advances and the way in which creative content is developed evolves.
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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. McGucken moved for summary judgment on the fair use defense. The second factor weighs slightly against fair use.
43(B)log
APRIL 26, 2023
Creager also alleged that IDT contacted vendors who sell Creager’s products and made defamatory statements; the one that seemed to have an impact was to third party LJD, claiming that Creager was using LJD’s name in “defamatory advertising against my company,” advising that LJD could be “tangled up in litigation.”
Kluwer Copyright Blog
FEBRUARY 28, 2024
Such uses, they argue, constitute copyright infringement. Fair Use Precedent? Google Books and Transformative Use The past two decades have seen a wealth of technological developments, but generative AI is qualitatively different from everything that has come before. But he eventually reversed his own position.
Technology & Marketing Law Blog
NOVEMBER 22, 2022
,” by Patricia Aufderheide and Aram Sinnreich, reporting on a survey of communications scholars about how they would respond to a CCB claim against them. Of these respondents, 39% would not accept any financial risk for an established fair use, and another 44.4% Among these scholars confident of fair-use, only 3.3%
Plagiarism Today
AUGUST 17, 2021
First off today, Blake Brittain at Reuters reports that the 8th Circuit Court of Appeals has reinstated a copyright infringement lawsuit against the realtors Columbia House of Brokers Realty over the alleged infringement of floor plans. 3: Microsoft is Looking to Use the Ethereum Blockchain to Prevent Piracy.
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