Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir.

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Fair Use Privacy Copyright Technology 136

Plagiarism Today

DECEMBER 6, 2022

According to Reddit, the most common issue is that people were using the copyright process to target works that were not infringing copyright. These represent cases of privacy and harassment, most notably. In some 610 cases, Reddit declined to remove the work due to, what they claim, is fair use.

Fair Use 184

Fair Use Reporting Copyright Copyright Notice 184

Kluwer Copyright Blog

APRIL 22, 2024

Furthermore, it is debatable whether the creation of NFTs can be considered “fair use”, since (i) this generates a “new” public and a new “digital” market for artworks that, to date, only existed in the real world and (ii) it deprives de facto copyright holders of a potential source of income.

Copyright 121

Copyright Artwork Moral Rights Non-Fungible Tokens 121

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. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. Goldsmith , 598 S.

Fair Use 105

Fair Use Licensing Music Art 105

LexBlog IP

MARCH 9, 2023

Some of the legal issues include: Does use of copyrighted content to train models constitute infringement or is it fair use? What are the privacy implications? Can collection of the content itself create liability? Is the output of the AI tool protectable by copyright? If the output is an infringement, who is liable?

Fair Use 59

Fair Use Privacy Music Art 59

IP and Legal Filings

FEBRUARY 15, 2023

Digital Era And Copyright Infringement- Issues Easy Accessibility Online Now days the use of internet and online based systems has increased manifolds and it is no more a complex task to gather or collect any data from the internet. Case Laws The first case in this regard is UTV Software Communication Limited v. and Ors.

Copyright Law 92

Copyright Law Copyright Law Social Media 92

IPilogue

OCTOBER 1, 2022

Fischer found triable issues on substantial similarity and fair use. Kat Von D argues that the use of the photograph in creating the tattoo is fair use because the tattoo is transformative for three reasons. On May 31, 2022, Judge Dale S. Background. The decision on Kat Von D’s tattoo could be delayed until the U.

Copyright Infringement 130

Copyright Infringement Fair Use Art Copyright 130

Technology & Marketing Law Blog

OCTOBER 26, 2021

This fast lane is a historical anachronism; it does little to balance the privacy interests of the alleged infringer. Knowing what we know now about the dangers of unmasking subpoenas, I would like to think that Congress would draft 512(h) with more privacy sensitivity today. The bloggers countered with fair use.

Privacy 112

Privacy Fair Use Blogging Copyright 112

LexBlog IP

APRIL 12, 2023

Some of the legal issues include: Does use of copyrighted content to train models constitute infringement or is it fair use? What are the privacy implications? Can collection of the content itself create liability? Is the output of the AI tool protectable by copyright? If the output is an infringement, who is liable?

Fair Use 52

Fair Use Privacy Music Art 52

IIPRD

JANUARY 28, 2023

It is the responsibility of regulators to make sure that these technologies protect individuals’ informational privacy. In the case of electronic information, it is difficult to judge “fair use,” gain access to, and maintain control over the infringement of copyright law.

Privacy 52

Privacy Government Intellectual Property Fair Use 52

Technology & Marketing Law Blog

AUGUST 2, 2021

I’ve now framed it as a note about California’s consumer privacy laws. US case, which overwrote most of my prior note on Nosal and Power Ventures. Note About Fair Use. Part 312, the Children’s Online Privacy Protection Act’s Regulations. I added a new principal case on defamation, Bauer v. 512 [[link].

Editing 145

Editing Law Privacy Contracts 145

Technology & Marketing Law Blog

DECEMBER 31, 2021

The court says that instead of doing a First Amendment analysis, it’s possible that a fair use analysis is sufficient for 512(h) subpoenas (citing Eldred for the principle that fair use is the First Amendment safety valve to copyright infringement).

Fair Use 110

Fair Use Blogging Marketing Marketing 110

Barry Sookman

SEPTEMBER 5, 2021

v Zead, 2020 BCSC 2145 “privacy is not a freestanding right specifically mentioned in the Charter. Second Circuit: Supreme Court Google Precedent Doesn't Alter Copyright Law's Fair Use Analysis [link] … The post Computer and Internet Weekly Updates for 2021-09-04 appeared first on Barry Sookman.

Fair Use 57

Fair Use Privacy Copyright Law Reporting 57

Technology & Marketing Law Blog

JULY 12, 2022

Note About Fair Use. Part 312, the Children’s Online Privacy Protection Act’s Regulations. s General Data Protection Regulation (GDPR) and State Consumer Privacy Laws. Comparison of Trespass to Chattels Doctrines. Hamidi (Cal. Register.com v. Verio (Trespass to Chattels section). Cartoon Network v. CSC (2d Cir.).

Editing 139

Editing Law Social Media Privacy 139

Kluwer Copyright Blog

SEPTEMBER 11, 2023

Fair use in US ( Google Books but reuse pattern different here. Fair dealing c. Protection of fame monetization vs privacy b. The following is a checklist for scholars and practitioners who are looking at an AI-related IP issue. Its main purpose is to help structure the discussion. Copyright 1. 3d 487 (N.Y.

IP 120

IP Derivative Work Intellectual Property Art 120

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.” The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. ” (S.

Fair Use 52

Fair Use Licensing Music Art 52

Technology & Marketing Law Blog

JULY 5, 2022

” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ). Nature of the use. The photos were already published, which weighs in favor of fair use. ” This also weighs in favor of fair use (?). Amount taken.

Fair Use 93

Fair Use Plagiarism Copyright Marketing 93

The IPKat

NOVEMBER 22, 2023

They say that this is fair use under US law. However, it was contested that fair use would apply and clarified that in any event, this does not apply in the UK. Is GDPR enough to protect personal data used by AI? Watch the full session here and keep up to date with the Inquiry and future sessions here.

Intellectual Property 96

Intellectual Property Copyright Fair Use Government 96

Velocity of Content

JANUARY 25, 2024

Of course, each situation is fact specific, especially when dealing with laws in jurisdictions such as the United States, where the making of copies for AI is actionable and often subject to a fact-intensive fair use analysis. Offshoring: Practical or Theoretical?

Copyright 98

Copyright Copyright Law Copyright Infringement Government 98

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. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. emphasis original).

Fair Use 40

Fair Use Licensing Music Art 40

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The court summarizes: “Meta claims that it raised issues with Plaintiffs, including “nominative fair use,” “commentary,” and “the un-likelihood of confusion based on the appearance of the marks in the actual marketplace, as they will be encountered by consumers.””

Trademark 91

Trademark Contracts Blogging Fair Use 91

The IPKat

FEBRUARY 6, 2022

Topics will include access and substantial similarity, fair use, performers' rights, moral rights, expert testimony, the role of lay listeners, sound sampling as it appears in court and out-of-court litigation. For more information and to register, click here.

Intellectual Property 78

Intellectual Property Moral Rights Privacy Copyright Infringement 78

Technology & Marketing Law Blog

AUGUST 29, 2022

Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Paxton, amicus brief in support of emergency application for administrative relief to the US Supreme Court, May 2022. Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking , May 2022. . __ (forthcoming 2022).

Editing 88

Editing Social Media Blogging Advertising 88

Technology & Marketing Law Blog

OCTOBER 4, 2022

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. Klein. * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

Cease and Desist 84

Cease and Desist Fair Use Copyright Blogging 84

TorrentFreak

NOVEMBER 3, 2023

The takedown requests are already shared publicly by Google through the Lumen Database , but these public listings omit privacy-sensitive data. This is exactly the type of information that the YouTube rippers need to expose the fraudsters. Whether the YouTube rippers have plans to challenge this in court, like Yout.com is doing , is unknown.

Cease and Desist 87

Cease and Desist Music Copying Fair Use 87

The IPKat

FEBRUARY 21, 2022

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes.

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

TorrentFreak

OCTOBER 28, 2021

That allows people to unlock valuable new features, such as adding a web browser and compatibility with other tools such as privacy-enhancing VPNs. According to the Office, the current limitations hinder fair use modifications of these devices. Copyright Holders Fear Widespread Piracy.

Copyright 143

Copyright Television Fair Use Privacy 143

SpicyIP

OCTOBER 27, 2023

These patterns can intersect with the trademark and other intellectual property (IP) in various ways, although it’s important to note that the use of dark patterns is unethical and often violates principles of fair use and consumer protection.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

JIPEL Copyright Blog

MARCH 9, 2022

prevent intentional modification of their work and attribution to the modified work) claims by claiming fair use under § 107 of the Copyright Act of 1976, which permits fair use of a protected work for purposes such as criticism, comment, teaching, scholarship, or research.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

43(B)log

AUGUST 12, 2022

And tech has limited ability to understand context of fair use/fair dealing. Appropriation of Data-driven Persona Zahra Takhshid Should extend privacy to cover data about us. Data privacy as the new frontier. A: Yes, because we continue to rely on common law privacy torts. Her conclusion: no.

Privacy 59

Privacy Inventor IP Government 59

TorrentFreak

FEBRUARY 23, 2022

Primarily they must deal with copyright, not other issues such as privacy or harassment. Furthermore, the submitter must also consider whether the content they’re complaining about is being used legally, i.e under the doctrine of fair use.

Copyright Infringement 105

Copyright Infringement Copyright Copyright Notice Reporting 105

Traverse Legal Blog

MAY 1, 2022

An Acceptable Use Policy (AUP) (also known as a Fair Use Policy) is a set of rules applied by the owner, creator or administrator of a network, website, or service that restricts the ways in which the network, website, or service may be used and sets guidelines as to how it should be used.

Social Media 97

Social Media Reporting Business Fair Use 97

TorrentFreak

APRIL 23, 2024

Lawsuit and Appeal Internet Archive believes that its approach falls under fair use but publishers Hachette, HarperCollins, John Wiley, and Penguin Random House disagree. IA Points Out ‘Critical Misconceptions’ The Archive maintains that its lending service is fair use.

Copyright 112

Copyright Fair Use Copying Publishing 112

43(B)log

FEBRUARY 18, 2022

Saying “this is what people do” compared to “this is the law” is very useful. Bill McGeveran: interesting b/c privacy/data protection regimes are very different in the two regimes. A: History differs a lot—US foundation for ROP was set much earlier. You can cluster fair use cases. Was there no overlap at all?

Fair Use 59

Fair Use Contracts Litigation Copying 59

43(B)log

FEBRUARY 22, 2022

Designed to be freely available licensed or public domain; we occasionally use fair use images where no free image is available, such as when a famous work has been destroyed. So the tradeoff is not just are you big enough to justify using these measures but also these measures have serious costs to creators.

Copyright 45

Copyright Fair Use Music Licensing 45

43(B)log

AUGUST 4, 2023

There’s no protection for circumvention aimed at noninfringing or fair uses in most circuits. Many of these uses are functional and uncontroversially noninfringing: functional uses and modifications. Or exposes/tests vulnerabilities of TPMs and software—used to evaluate and diagnose software.

Copyright 52

Copyright Fair Use Marketing Marketing 52

Technology & Marketing Law Blog

DECEMBER 11, 2021

In particular, they are having some success bending Section 230, and this genre offers some interesting considerations for folks paying attention to the privacy/230 borders. Whitepages decision , a more significant decision than I initially thought, the plaintiffs are making progress in the early rounds of their cases. Callahan v.

Advertising 90

Advertising Advertising Social Media Blogging 90