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. Publishing these materials can create substantial legal risk for research-focused bloggers, including the risk of copyright infringement. Prayers for Ukraine.]. For example, in Righthaven LLC v.

Fair Use 59

Fair Use Publishing Copyright Infringement Copyright 59

TorrentFreak

MARCH 18, 2024

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Publishers vs. Internet Archive The self-scanning approach differs from the licensing deals other libraries enter into.

Publishing 107

Publishing Fair Use Copying Music 107

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.

Fair Use 92

Fair Use Licensing Copying Artwork 92

IP Law 360

FEBRUARY 6, 2024

A news website's publication of a Ted Nugent photograph that went with an article titled "15 Signs Your Daddy Was a Conservative" was not fair use, the Fourth Circuit concluded in a published opinion Tuesday, saying the Independent Journal Review did not add new meaning to the image.

Fair Use 52

Fair Use Journalism Publishing 52

Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2016, the defendant IJR published an article/listicle titled “15 Signs Your Daddy Was a Conservative.” 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.

Fair Use 87

Fair Use Licensing Copyright Marketing 87

Patently-O

APRIL 3, 2022

As part of that process, VF obtained a license from Goldsmith, but only for the limited use “as an artist’s reference in connection with an article to be published in Vanity Fair Magazine.” The published article acknowledges Goldsmith. As part of that process, Warhol created a set of 16 Prince prints. 17 U.S.C. §

Fair Use 119

Fair Use Art Licensing Publishing 119

TorrentFreak

MARCH 21, 2023

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Mass Copyright Infringement or Fair Use? The publishers are not against libraries per se, nor do they object to ebook lending.

Publishing 136

Publishing Copyright Fair Use Copyright Infringement 136

TorrentFreak

DECEMBER 9, 2021

By the time he published his latest video, the number of videos taken down by Toei had exceeded 150, a library that represents almost three years’ work. Cries of ‘Fair Use’ In thousands of social media posts, comments and numerous articles posted since Mark’s announcement, a common theme persists.

Fair Use 135

Fair Use Law Copyright Copyright Law 135

IP Law 360

AUGUST 3, 2022

The Ninth Circuit on Wednesday revived a photographer's copyright lawsuit over a digital publisher's use of his photos of an ephemeral lake in Death Valley, California, ruling in a published opinion that the publisher did not make fair use of the photos by embedding them in its articles.

Fair Use 40

Fair Use Publishing Copyright 40

JD Supra Law

MAY 8, 2023

On March 24, 2023, the Southern District of New York held that the Internet Archive (“IA”)’s digitization and lending online of the Hatchette Book Group (“Publishers”)’s copyrighted physical books infringed Publishers’ copyrights and was not a fair use. By: Irwin IP LLP

Publishing 98

Publishing Fair Use IP Copyright 98

TorrentFreak

MARCH 19, 2022

Since 2017, the Watch Tower Bible and Tract Society, the supervising body and publisher for the Jehovah’s Witness religious group, has filed more than 70 DMCA subpoena applications in the United States. The nonprofit group has now stepped in to defend not only fair use but McFree’s right to remain anonymous.

Fair Use 131

Fair Use Copyright Infringement Litigation Copyright 131

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. Pub Ocean then published an article titled “A Massive Lake has Just Materialized in the Middle of One of the Hottest Places on Earth”.

Fair Use 127

Fair Use Licensing Journalism Marketing 127

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

IP Tech Blog

MARCH 28, 2023

A federal district court in New York held that the Internet Archive’s Open Library project was engaging in copyright infringement by publishing digital copies of millions of books online. The court engaged in an extensive analysis of whether the purpose and character of Internet Archive’s use was transformative. of America v.

Fair Use 57

Fair Use Copying Publishing Copyright Infringement 57

Dear Rich IP Blog

AUGUST 7, 2021

Dear Rich: Does the reproduction of copyrighted material in a grant proposal constitute fair use? Grant proposals are rarely published and are written on behalf of non-commercial entities (such as charities, schools, and local governments). The Code of Best Practices in Fair Use for Academic and Research Libraries ).

Fair Use 52

Fair Use Publishing Government Copyright 52

TorrentFreak

FEBRUARY 20, 2022

Depending on opinion, the Watch Tower Bible and Tract Society, the supervising body and publisher for the Jehovah’s Witness religious group, either doesn’t like criticism, dislikes copyright infringement, or hates both. ” Fair Use Considerations. Overall then, the first factor weighs in favor of fair use.

Fair Use 107

Fair Use Copyright Infringement Copyright Publishing 107

JD Supra Law

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.

Fair Use 55

Fair Use Publishing Copyright 55

IP Law 360

DECEMBER 15, 2023

E-book provider Internet Archive told the Second Circuit on Friday that its lending program is fair use, urging the appeals court to reverse a Manhattan federal judge's ruling that the nonprofit violated the copyrights of four book publishers when it bought and scanned physical books to loan for free.

Fair Use 40

Fair Use Publishing Copyright 40

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 Watchdog

AUGUST 17, 2021

Court of Appeals for the Eighth Circuit yesterday reversed a Missouri district court’s grant of summary judgment for a group of real estate companies relating to copyright infringement claims brought by an architect over floorplans.

Fair Use 128

Fair Use Publishing Copyright Infringement Copyright 128

IP Law 360

SEPTEMBER 6, 2022

The Internet Archive is doubling down on its defense that its program for a lending library of digitized books is protected by copyright law's fair use doctrine, telling a New York federal judge that the major publishers seeking to shut it down are painting an inaccurate picture of what it does.

Publishing 98

Publishing Fair Use Copyright Law Copyright 98

IP Law 360

NOVEMBER 3, 2023

Companies leading the charge on artificial intelligence development and content creators in the publishing and entertainment industries are far apart in their interpretations of fair use, according to comments submitted to the U.S.

Fair Use 40

Fair Use Publishing Technology Copyright 40

TorrentFreak

JUNE 14, 2022

In the summer of 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House filed a copyright infringement lawsuit against Internet Archive (IA). “The only issue is whether Internet Archive’s massive infringement scheme is fair use under 17 U.S.C. § In a June 10 letter to Judge John G.

Publishing 109

Publishing Fair Use Copying Editing 109

LexBlog IP

MARCH 28, 2023

A federal district court in New York held that the Internet Archive’s Open Library project was engaging in copyright infringement by publishing digital copies of millions of books online. The court engaged in an extensive analysis of whether the purpose and character of Internet Archive’s use was transformative.

Fair Use 52

Fair Use Copying Publishing Television 52

IP Intelligence

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § But the existence of commercialism and website advertisements is not, and should not be, a death knell for a successful fair use defense. Kingsport Publish.

Fair Use 52

Fair Use Advertising Advertising Copyright 52

Dear Rich IP Blog

OCTOBER 12, 2021

Is it fair use to build on their material in this way or do I have to ask the publishers for permission? Even if you make a fair use argument (as they tried to do in this case ), you probably can't afford to battle your way through a federal appeal.

Fair Use 59

Fair Use Publishing Designs Design 59

TorrentFreak

AUGUST 19, 2021

Last June, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive for copyright infringement , describing its ‘Open Library’ as operating like a pirate site. Publishers Respond to Internet Archive’s Request.

Publishing 142

Publishing Fair Use Marketing Marketing 142

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. Frank Kent moved to dismiss the action, but the U.S. Read more

Fair Use 40

Fair Use Social Media Copyright Copyright Infringement 40

SpicyIP

DECEMBER 6, 2023

2(c), the fair use exemption thereof under Sec. 52(1)(t); and (ii) if yes, whether the proviso of the same or ‘fixation requirement’ excludes it from the scope of fair use. Lastly, I will discuss the argument of moral rights of the author in contending the ‘fair use exemption’ of their work.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

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

LexBlog IP

MAY 3, 2022

Keith Bell published a book in 1982 entitled Winning Isn’t Normal which provides strategies for success in athletics. The school district did not seek his permission before publishing the tweets. The school district invoked the fair use defense and moved to dismiss the claim for failure to state a claim.

Fair Use 52

Fair Use Social Media Copyright Marketing 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

TorrentFreak

AUGUST 13, 2023

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Mass Copyright Infringement or Fair Use? The book publishers and IA agree on nearly all aspects of the proposed judgment except one.

Publishing 78

Publishing Copyright Copyright Infringement Copying 78

TorrentFreak

AUGUST 14, 2021

The service was not appreciated by book publishers. Publishers Sue IA For Copyright Infringement. HarperCollins Publishers LLC, John Wiley & Sons, Inc., and Penguin Random House LLC – all members of the Association of American Publishers – accused the Internet Archive of running a pirate site.

Publishing 145

Publishing Fair Use Copyright Infringement Copyright 145

LexBlog IP

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § ” But the existence of commercialism and website advertisements is not, and should not be, a death knell for a successful fair use defense.

Fair Use 52

Fair Use Advertising Advertising Copyright 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

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