The IPKat

NOVEMBER 22, 2023

Dan Conway , CEO of the Publishers Association , stressed the need for a licensing framework, involving permission, transparency, remuneration, and attribution. 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.

Intellectual Property 96

Intellectual Property Copyright Fair Use Government 96

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 (?).

Fair Use 93

Fair Use Plagiarism Copyright Marketing 93

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.

Cease and Desist 88

Cease and Desist Music Copying Fair Use 88

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

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 144

Copyright Television Fair Use Privacy 144

TorrentFreak

FEBRUARY 23, 2022

These figures represent a substantial increase over those published for 2020. 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 106

Copyright Infringement Copyright Copyright Notice Reporting 106

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

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

SpicyIP

OCTOBER 27, 2023

On September 7, the Ministry of Consumer Affairs published the Draft Guidelines for Prevention and Regulation of Dark Patterns 2023, inviting comments from the public. Privacy deception should be avoided, and offers and interactions should be transparent about price and key benefits.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

TorrentFreak

APRIL 23, 2024

The organization doesn’t license authorized digital copies from publishers; instead, its books are scanned and digitized in-house. Lawsuit and Appeal Internet Archive believes that its approach falls under fair use but publishers Hachette, HarperCollins, John Wiley, and Penguin Random House disagree.

Copyright 114

Copyright Fair Use Copying Publishing 114

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. 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. Ancestry , Knapke v.

Advertising 90

Advertising Advertising Social Media Blogging 90

Velocity of Content

SEPTEMBER 9, 2021

Basically, YouTube is a video publisher/host that does not charge users for their publishing and uploading activities. Instead — in keeping with the thrust of this series — I will just touch upon the key copyright aspects for individual creators manifest in this most prominent of self-publishing platforms.

Copyright 113

Copyright Social Media Licensing Publishing 113

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

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

IP and Legal Filings

APRIL 19, 2022

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957. MySpace Inc.

Copyright Law 69

Copyright Law Copyright Law Copyright Infringement 69

Velocity of Content

JANUARY 31, 2023

This article was originally published in The Scholarly Kitchen. Also sued were a confusing mishmash of for profit and non-profit related entities all using a variation of the name OpenAI (OpenAI, Inc., GitHub is a hosting platform commonly used to share open-source code. OpenAI, LLC, OpenAI Startup Fund GP I, L.L.C.;

Licensing 98

Licensing Fair Use Journalism Publishing 98

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims.

Blogging 127

Blogging Licensing Privacy Copyright Notice 127

Kluwer Copyright Blog

MAY 15, 2024

UpstateNYer, CC BY-SA 3.0 , via Wikimedia Commons The forthcoming article “Creation and Generation Copyright Standards” to be published in NYU JIPEL 2024 (see pre-publication version here ) analyses and critiques the different standards for copyright eligibility between expressive works and generative products in the U.S. copyright law.

Copyright 56

Copyright Fair Use Copyright Law Editing 56

Plagiarism Today

OCTOBER 7, 2021

On Tuesday, journalist Robert Kolker published an article in the New York Times Magazine entitled Who is the Bad Art Friend? Still, the version above was published as part of an audiobook. The story looked at the ongoing feud between two authors, Dawn Dorland and Sonya Larson.

Plagiarism 261

Plagiarism Art Copying Privacy 261

IPilogue

FEBRUARY 23, 2022

A preliminary search into YouTube’s copyright and fair use policies is unhelpful in determining how videos are assessed on a “case-to-case basis” and instead redirects you to Google’s fair use policies. They have published a guide on YouTube’s removal processes and Content ID algorithm , which is more user-friendly.

Fair Use 106

Fair Use Music Copyright Privacy 106

TorrentFreak

DECEMBER 7, 2023

A few days before we published that report, Google had just processed its seven billionth removal request, having reached six billion less than a year earlier. Back in August we reported how Google had received requests to remove one billion allegedly-infringing links from its search results. Those listed below represent just a small sample.

Business 99

Business Reporting Social Media Copyright 99

SpicyIP

AUGUST 28, 2022

Hamar Television , regarded Section 52 of the Copyright Act, 1957 as a ‘right’ i.e. “right to make fair use or to deal fairly”, stemming from the fundamental right to free speech. But since such a positive duty would intrude into the other interests of copyright holders or/and authors such as privacy, trade, speech, etc.,

IP 138

IP Copyright Fair Use Public Domain 138

Technology & Marketing Law Blog

AUGUST 15, 2022

While the case was pending, the birth mom told her story to Riben, who published two Huffington Post stories criticizing the adoption. ” Publisher/Speaker Claims. If submitted content raised a “red flag” with an editor, that content would not be published on the Web site. HuffPost is “a Web-site operator.”

Publishing 102

Publishing Privacy Blogging Intellectual Property Law 102

Copyright Lately

MAY 21, 2021

In 2019, Dolezal, then represented by notorious copyright troll Richard Liebowitz, filed a lawsuit against the publisher of Paper Magazine for using a photo from her Instagram account in a story. CBS’ use of her photo almost certainly qualifies as fair use, if she even owns the copyright in the first place.

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

TorrentFreak

AUGUST 4, 2023

Another notice references additional images (MBW-2 to 9) publicly published on the same website, presumably in support of the DMCA takedown notices sent to Twitter. Despite Williams appearing pro se , the takedown notices are clear and well-formatted.

Copyright 83

Copyright Privacy IP Copying 83

43(B)log

NOVEMBER 2, 2021

The court rejected the CDA §230 defense because PeopleConnect would only count as providing “information provided by another information content provider” if the other info content provider had given it the yearbooks contemplating that they could be published online. But an expectation of privacy need not be of “absolute or complete privacy.”

Copyright 64

Copyright Advertising Advertising Privacy 64

43(B)log

DECEMBER 20, 2022

But also, the documentaries weren’t substantially similar, and, “even if the 2013 Documentary is substantially similar to the 2001 Documentary under the fragmented literal similarity test due its use of clips from the 2001 Documentary, Plaintiffs’ claim with respect to this documentary is barred by the fair use doctrine.”

Fair Use 52

Fair Use Trademark Copyright Editing 52

Technology & Marketing Law Blog

AUGUST 7, 2023

For my thoughts about self-publishing an ebook casebook, see this article. Copyright Copyright Basics (Copyright Office Circular 1) Note About Fair Use Cartoon Network v. Privacy Review: 16 C.F.R. Part 312, the Children’s Online Privacy Protection Act’s Regulations Overview of the E.U.’s Hamidi (Cal. CSC (2d Cir.)

Editing 52

Editing Law Contracts Privacy 52

43(B)log

FEBRUARY 3, 2024

Allowed producers to control coffee machines by putting software in them; can prevent use, resale, using unsupported coffee. Question: if there was strict liability for publishing infringing speech from a third party, then would a safe harbor be a harm to speech? Bruce Boyden: Privacy cases about the privacy torts also do so.

Privacy 59

Privacy Fair Use Fanworks Government 59

Copyright Lately

MARCH 6, 2023

Wagging Tails is now seeking an injunction to prevent Coakley from publishing materials—including a planned tell-all film—recounting his accusations. That case presented an example of copyright used to erase history (in Dolezal’s case, a photo of her standing next to a man she had falsely claimed was her father). LFP , Inc. ,

Copyright 77

Copyright Derivative Work Fair Use Social Media 77

43(B)log

APRIL 7, 2023

Good chunk, 10%, are flatly abusive—addressing uncopyrightable subject matter, attacking clear fair use/permissible exceptions, or just fraudulent—a scam run by an international charitable org trying to remove anything critiquing it. Users and platforms might not know what’s allowed w/o published caselaw. I mean … still yes?]

Art 69

Art Litigation Law Reporting 69

Technology & Marketing Law Blog

JANUARY 24, 2023

Actualizing the fears of a capricious and thin-skinned Internet publisher calling content moderation shots. I have explained in detail how mandatory editorial transparency laws enable government censorship, both by prospectively channeling publisher behavior and through post hoc enforcement threats. (It’s CA AB 587.

Law 113

Law Social Media Government Privacy 113