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

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

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Music is an artistic work which is subject to copyright protection. Music lovers can now effortlessly stream music from anywhere in the world. Even in restaurants, bars, and lounges, the music is played to entertain their customers, whether by employing DJs or playing music through sound systems.

Music 52

Music Moral Rights Copyright Infringement Television 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

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

The IP Law Blog

JULY 22, 2021

Over the past few weeks, there have been a number of news articles and stories about police officers playing popular music during a citizen/officer interaction that is being filmed by the citizen. This would include a belief that the display or performance of the copyrighted material in the video was covered under fair use.

Music 104

Music Fair Use Copyright Reporting 104

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

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

Music is an artistic work which falls into the purview of copyright protection. Nowadays, music lovers can easily stream music. Even restaurants, bars and lounges play music to entertain guests, either through hiring DJs or by playing music through sound systems. In the case of Super Cassettes Industries Pvt.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 52

TorrentFreak

MARCH 18, 2024

Publishers Respond to IA’s Appeal IA argued that its scanning-and-lending activities amount to fair use. They cited expert witnesses who concluded that there’s no financial harm and further argued that the service is substantially different from the ebook licensing market. A Napster Moment?

Publishing 113

Publishing Fair Use Copying Music 113

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Music is an artistic work which falls into the purview of copyright protection. Nowadays, music lovers can easily stream music. Even restaurants, bars and lounges play music to entertain guests, either through hiring DJs or by playing music through sound systems. In the case of Super Cassettes Industries Pvt.

Copyright Infringement 40

Copyright Infringement Music Moral Rights Copyright 40

TorrentFreak

MARCH 25, 2024

These industry groups draw a parallel between the impact Napster and BitTorrent had on music and movie sales, and the threat IA’s self-scanning library poses today. Internet Archive’s theory of fair use represents a threat just as grave.” These groups also reject the fair use arguments.

Publishing 142

Publishing Copyright Fair Use Intellectual Property Law 142

Copyright Lately

MAY 1, 2023

The world’s largest record company says it has a clear view of the legal landscape surrounding AI-generated music. If you’ve been glued to news coverage of the Ed Sheeran trial for the past two weeks, you may have missed an even bigger story from the world of music copyright. The reality is more complicated.

Music 85

Music Copyright Copying Copyright Law 85

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 77

Marketing Marketing Cease and Desist Fair Use 77

Plagiarism Today

OCTOBER 19, 2022

1: RIAA Flags ‘Artificial Intelligence’ Music Mixer as Emerging Copyright Threat. 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. Let me know via Twitter @plagiarismtoday.

Copyright Notice 178

Copyright Notice Music Reporting Copyright 178

LexBlog IP

JULY 22, 2021

Over the past few weeks, there have been a number of news articles and stories about police officers playing popular music during a citizen/officer interaction that is being filmed by the citizen. This would include a belief that the display or performance of the copyrighted material in the video was covered under fair use.

Music 52

Music Fair Use Copyright Reporting 52

Technology & Marketing Law Blog

JANUARY 22, 2022

The court says the Dubtown video wasn’t copyright infringing because of fair use: Purpose/Character of Use. ” The videos were transformative, even if parts of precedent material were used verbatim. .” However, McFree made transformative uses. This factor weighs slightly against fair use.

Fair Use 132

Fair Use Copyright Infringement Marketing Marketing 132

Kashishipr

JUNE 9, 2021

Internet streaming in India contributes to the majority of revenues of the recorded music industry. Licensing is imperative for the product because it is known that music rights holders have worked hard. Licensing is imperative for the product because it is known that music rights holders have worked hard.

Music 98

Music Licensing Television Copyright Infringement 98

IPilogue

OCTOBER 12, 2022

Abigail Barlow and Emily Bear combined their talent with their love for the Netflix Original, Bridgerton , to create the 15-song “Unofficial Bridgerton Musical” album. Barlow and Bear went on to become viral sensations on social media and Grammy-winning artists (2022 Best Musical Theatre Album) for their production. The Netflix v.

Intellectual Property 105

Intellectual Property Social Media Music Fair Use 105

The IP Law Blog

NOVEMBER 30, 2023

Ross Intelligence Inc will provide guidance for similar AI training/copyright infringement cases and, as a bonus, it provides a bit of clarity (or muddies the waters… depending on your point of view) in the application of a post-Warhol fair use defense. The first factor assesses whether the use is ‘transformative.'”.

Copyright Infringement 123

Copyright Infringement Copyright Fair Use Copying 123

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. Goldsmith involved the recasting by Andy Warhol, in or about 1984, of a photograph of the music artist Prince into an orange-hued silkscreen rendition (Orange Prince). 1258, (2023).

Fair Use 105

Fair Use Licensing Music Art 105

Plagiarism Today

OCTOBER 13, 2022

The Appeals Court ruled against the Warhol estate finding that the images in question were not a fair use. The move also comes after new for-profit PROs were launched, including SESAC and Global Music Rights. However, the estate appealed to the Supreme Court, which heard oral arguments yesterday.

Cease and Desist 198

Cease and Desist Copyright Infringement Licensing Fair Use 198

Velocity of Content

MAY 22, 2024

While there are many models of collective licensing , they all serve the same purpose: namely to reduce market inefficiencies where users require a large number of licenses from multiple rightsholders but where the non-standardized terms of use, individual transaction costs, and resources needed make direct licensing challenging.

Licensing 52

Licensing Editing Copyright Fair Use 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. Background.

Music 76

Music Copyright Licensing Fair Use 76

LexBlog IP

APRIL 18, 2023

Today’s post revisits something discussed several years ago on this blog: fair use. As a quick TL;DR to those previous posts, fair use is a defense to copyright infringement claims for a use of a copyrighted work that would otherwise be considered infringement. One example is parody vs. satire.

Fair Use 52

Fair Use Music Copying Copyright Infringement 52

43(B)log

JUNE 17, 2022

Much art would be at risk if fair use inquiries ignored reasonable audiences’ views about when a new creation based on an existing work has a new meaning and message. Acuff-Rose Music, Inc., Where a reasonable, identifiable audience recognizes new message and meaning, the transformativeness factor favors fair use.

Copyright Law 94

Copyright Law Fair Use Law Artistic Work 94

The IP Law Blog

JULY 6, 2023

Goldsmith changed the way fair use is analyzed. In determining fair use, four factors are examined. The first fair use factor examines the purpose and character of the use. This transformative use analysis took on great importance and often eclipsed the other fair use factors.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Kluwer Copyright Blog

APRIL 22, 2024

That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected.

Copyright 118

Copyright Artwork Moral Rights Non-Fungible Tokens 118

LexBlog IP

JULY 6, 2023

Goldsmith changed the way fair use is analyzed. In determining fair use, four factors are examined. The first fair use factor examines the purpose and character of the use. ” This transformative use analysis took on great importance and often eclipsed the other fair use factors.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

43(B)log

MARCH 14, 2024

Substantial Music Group LLC, F.Supp.3d But with nominative fair use, courts engage in more unfair competition/normative reasoning. The facts: Earth, Wind & Fire is owned by the sons of Maurice White, founder of the well-known musical group “Earth, Wind & Fire,” and owns trademark rights in the name.

Advertising 69

Advertising Advertising Music Fair Use 69

Copyright Lately

AUGUST 2, 2022

But this time, Netflix is the one doing the suing, and it’s targeting the creators of “ The Unofficial Bridgerton Musical ” with what I’ll call “The Official Bridgerton Musical Copyright Infringement Lawsuit” (read here). Okay, But What if Bridgerton Was a Musical?

Music 102

Music Derivative Work Fair Use Cease and Desist 102

Technology & Marketing Law Blog

AUGUST 16, 2023

14, 2023) BONUS: More 512(f) quick links from this year: * Cinq Music Group, LLC v. Create Music Group, Inc., Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing 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.

Ownership 65

Ownership Cease and Desist Fair Use Copyright 65

Technology & Marketing Law Blog

AUGUST 8, 2021

Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use. The Crony graphic also doesn’t qualify for fair use: Nature of Use. ” Market Effect. ” Amount Taken.

Fair Use 132

Fair Use Television Cease and Desist Copyright 132

The IPKat

DECEMBER 20, 2023

by Despoina Dimitrakopoulou Recently, the news of reggaeton mega-star Bad Bunny's eloquently put disappointment spread on social media, bringing up interesting questions concerning music creation using AI. AI-generated music has also taken music platforms such as Spotify by storm.

Music 72

Music Social Media Copying Derivative Work 72

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.” Goldsmith involved the recasting by Andy Warhol, in or about 1984, of a photograph of the music artist Prince into an orange-hued silkscreen rendition (Orange Prince).

Fair Use 52

Fair Use Licensing Music Art 52

LexBlog IP

NOVEMBER 30, 2023

Ross Intelligence Inc will provide guidance for similar AI training/copyright infringement cases and, as a bonus, it provides a bit of clarity (or muddies the waters… depending on your point of view) in the application of a post-Warhol fair use defense. The first factor assesses whether the use is ‘transformative.'”

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Copying 52

Technology & Marketing Law Blog

APRIL 29, 2023

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing 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.

Fair Use 100

Fair Use Cease and Desist Copyright Trademark 100

Kluwer Copyright Blog

OCTOBER 3, 2023

It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). 2000) (“ copying an entire work militates against a finding of fair use. ”).

Fair Use 135

Fair Use Privacy Copyright Technology 135