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.

Fair Use 91

Fair Use Licensing Copying Artwork 91

Technology & Marketing Law Blog

FEBRUARY 12, 2024

This is what I call a “commercial editorial use”–ad-supported editorial content. Courts routinely split on whether commercial editorial use is commercial for fair use purposes. ” Market Effect. The court says it presumes harm with a commercial non-transformative use. 21-2021 (4th Cir.

Fair Use 88

Fair Use Licensing Copyright Marketing 88

Technology & Marketing Law Blog

MARCH 30, 2022

The district court granted Mic’s motion to dismiss on fair use grounds. In a memo opinion, the Second Circuit affirms the fair use motion to dismiss. Nature of the Use. Market Effect. The post Second Circuit Confirms Fair Use on Motion to Dismiss–Yang v. Amount Taken.

Fair Use 125

Fair Use Licensing Marketing Marketing 125

TorrentFreak

JUNE 22, 2022

Since the speech attached to the photographs constituted fair use, there was no infringer to identify. In response Magistrate Judge Donna Ryu issued an order offering MrMoneyBags an opportunity to anonymously file evidence in support of Twitter and to argue that the photos were used on a fair use basis.

Fair Use 128

Fair Use Copyright Infringement Copyright Copyright Law 128

IPilogue

MAY 26, 2022

An artist who fails to acquire permission from the copyright owner can use the ‘fair use’ defence. Under section 107 , fair use allows persons to use parts of a copyright protected work without permission for limited purposes. The fair use defence is rarely used in music sampling cases.

Fair Use 111

Fair Use Copyright Infringement Copyright Music 111

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.

Fair Use 129

Fair Use Journalism Licensing Marketing 129

43(B)log

FEBRUARY 4, 2023

A Few Words for a Lost Friend: Tribute to Dmitry Karshtedt (Bob Brauneis, Mark Lemley, Jake Sherkow) Closing Plenary Session: Fair use Robert Brauneis, Copyright Transactions in the Shadow of Fair Use Suppose a work does not infringe another work because and only because it’s been ruled a fair use.

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

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

SpicyIP

AUGUST 25, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? In this post, I offer my independent analysis of the law in relation to comparative advertising and nominative fair use and apply it against the specific YouTube commercial mentioned above. student at Amity University (School of Law), Kolkata. Pragya Jain.

Fair Use 105

Fair Use Advertising Advertising Branding 105

TorrentFreak

NOVEMBER 16, 2021

Affirmative Defense – Fair Use. Right off the bat, the defendants assert that anything they did in connection with their GTA 3 and Vice City projects were actions protected by fair use under the Copyright Act. The doctrine of fair use bars the relief sought by Plaintiff,” the response adds.

Fair Use 145

Fair Use Copying Copyright Copyright Law 145

JD Supra Law

FEBRUARY 29, 2024

The surge of generative artificial intelligence (“AI”) systems entering the market faces a barrage of intellectual property challenges in the courts. In one particular flavor, copyright holders allege that the generative AI systems infringe the owners’ copyrighted works.

Fair Use 71

Fair Use Intellectual Property Copyright Marketing 71

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] It found that all four fair use factors weighed against fair use. [12] Goldsmith counterclaimed for copyright infringement.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

TorrentFreak

FEBRUARY 20, 2022

Some of McFree’s critical videos use copyrighted material owned by Watch Tower so in 2018, the group filed an application for a DMCA subpoena which asked a court to compel YouTube/Google to hand over his details. ” Fair Use Considerations. Overall then, the first factor weighs in favor of fair use.

Fair Use 107

Fair Use Copyright Infringement Copyright Publishing 107

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

IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

LexBlog IP

APRIL 12, 2023

Scanning books to create a searchable database of books constitutes fair use. Will scanning images (or other copyright-protected content) to create a generative AI model for use in creating images be deemed fair use? And the image may impact the market for images. Scanning books to create eBooks does not.

Fair Use 52

Fair Use Derivative Work Copying Marketing 52

LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Dear Rich IP Blog

AUGUST 7, 2021

Dear Rich: Does the reproduction of copyrighted material in a grant proposal constitute fair use? Under most of the scenarios you mention, the reproductions would probably constitute fair use. The four factors are: the purpose and character of the use. the amount and substantiality of the portion used.

Fair Use 52

Fair Use Publishing Government Copyright 52

IP and Legal Filings

DECEMBER 14, 2021

The United States Court of Appeal for the Second Circuit ruled that the use of Lynn Goldsmith’s 1981 photograph was not fair use by Andy Warhol’s image of a musical artist. Favoring the AWF, the district court granted summary judgment to AWF for its claim of fair use, and the counterclaim of Goldsmith and LDL was dismissed.

Fair Use 52

Fair Use Music Derivative Work Copyright 52

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

LexBlog IP

MAY 22, 2023

The Supreme Court ruled on May 18 that Andy Warhol’s “Orange Prince” work of pop art was not a fair use when licensed to Condé Nast in 2016. AWF proceeded to sue Goldsmith, seeking a declaratory judgment of noninfringement or fair use. § 107 ). § 107 ).

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52

TorrentFreak

OCTOBER 7, 2021

Early September the defendants fired back with a motion to dismiss the “fatally defective” complaint, arguing that they only used a very small portion of the four-hour broadcast for the purposes of commentary and criticism, a key component of a fair use defense. Other Fair Use Factors Cannot Be Relied Upon.

Fair Use 108

Fair Use Copying Copyright Infringement Copyright 108

43(B)log

MARCH 10, 2023

Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. First, nominative fair use permits only the “truthful use of a mark.” Toyota, 610 F.3d 3d at 1177.

Fair Use 69

Fair Use False Advertising Social Media Advertising 69

Technology & Marketing Law Blog

FEBRUARY 24, 2022

[I published this post initially on the Association of Research Libraries blog in celebration of Fair Use Week 2022. Fair use is supposed to protect research bloggers in these circumstances. Defendants have also won fair use-based motions to dismiss over republishing a partial screen shot ( Yang v.

Fair Use 59

Fair Use Publishing Copyright Infringement Journalism 59

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. ” Unbeknownst to Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

LexBlog IP

MAY 3, 2022

He markets the books through online retailers and his own website. The school district invoked the fair use defense and moved to dismiss the claim for failure to state a claim. Analyzing these factors, the Fifth Circuit concluded the school’s use was in good faith.

Fair Use 52

Fair Use Social Media Copyright Marketing 52

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

Fair Use 40

Fair Use Social Media Copyright Copyright Infringement 40

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

Larson & Larson

JUNE 21, 2021

The most common limitation where the exclusive rights of a copyright holder can be limited fall under the doctrine of fair use- a defense against copyright infringement. That being said, here is a brief elucidation of what constitutes fair use. What is Fair Use? Commentary and Criticism.

Fair Use 52

Fair Use Copying Copyright Marketing 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

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

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

The IP Law Blog

APRIL 8, 2021

Finding Google’s copying a fair use, the Supreme Court ended Oracle’s decade-long attempt to recover copyright damages. Google argued that the material it used from Oracle’s APIs was not copyrightable because of this lack of creative expression. Weighing the fair-use factors, the Court found in Google’s favor.

Fair Use 52

Fair Use Copyright Copying Designs 52

LexBlog IP

AUGUST 11, 2021

The Supreme Court’s decision held that, contrary to the decision by the Federal Circuit Court of Appeals which was discussed in our previous alert , Google’s use of Oracle’s APIs was protected by the copyright defense of Fair Use. Oracle owns the widely-used Java platform and Java programming language.

Fair Use 52

Fair Use Copying Licensing Copyright 52

Technology & Marketing Law Blog

DECEMBER 5, 2022

Case Citation : Digital Marketing Advisors v. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. McCandless Group, LLC, 2022 WL 17403067 (C.D.

Marketing 75

Marketing Marketing Cease and Desist Fair Use 75

TraskBritt Intellectual Property

APRIL 10, 2021

LEXIS 1864 (2021), the Supreme Court held that Google’s copying was permissible fair use. It focused on Google’s fair use defense, stating that this issue would determine the outcome regardless of whether Oracle held a valid copyright. In Google LLC v. 18-956, 2021 U.S. Software and IP. The Dissent.

Fair Use 40

Fair Use Copying Intellectual Property Copyright 40

Plagiarism Today

OCTOBER 11, 2022

1: Justices to Consider Whether Warhol Image is “Fair Use” of Photograph of Prince. Goldsmith, a case that is expected to be a rare moment of the high court ruling on an issue of fair use. Goldsmith sued, saying that this use far exceeded the agreement that they made. Have any suggestions for the 3 Count?

Fair Use 185

Fair Use Reporting Licensing Plagiarism 185