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.

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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.

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TorrentFreak

AUGUST 20, 2022

Whether a fair use conversation actually took place is unclear, but the UFC says the strategy won’t work here. Documentary makers regularly license UFC content, and the UFC licenses content for use in its own broadcasts too. Since all UFC content is protected, UFC believes that violations of 17 U.S.C.

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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.

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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.

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JD Supra Law

APRIL 6, 2022

Supreme Court agreed last week to review the Second Circuit’s decision that Andy Warhol’s well-known “Prince Series” was not a “transformative” fair use of the copyrighted Lynn Goldsmith photograph that Warhol used as source material (see Bracewell’s earlier reporting here). By: Bracewell LLP

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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.

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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.

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Likelihood of Confusion

FEBRUARY 27, 2022

Evan Brown reports (links added): The parties in the matter of Shell v. The post More fair use follies — copyright infringement by court filing? Devries, a case from the U.S. District Court for the District of Colorado, are no strangers to. appeared first on LIKELIHOOD OF CONFUSION™.

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TorrentFreak

OCTOBER 23, 2021

That included a number of YouTube channels including the H3 Podcast, which is currently fighting back citing fair use , a defense that Triller says isn’t available. Fair Use, Innocent Infringement, Unclean Hands. The answer from De La Santos cites the doctrine of fair use as an affirmative defense.

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43(B)log

APRIL 26, 2023

Creager sent a letter to third party Semper Fi, an IDT consignee, stating that the owner “got in bed with a snake” and his recent bad decisions would “put [his] life in turmoil,” referring to a “tax thing” that Semper Fi’s owner interpreted as a threat to report him to the IRS for tax evasion. The ads used the entire images.

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LexBlog IP

AUGUST 2, 2021

Hollywood Reporter coverage when suit was filed. On 12(b)(6), Defendant moves to dismiss on grounds of de minimis copyright infringement, copyright fair use, trademark fair use, and absence of trademark confusion. National Academy of TV Arts and Sciences v. Plaintiff moves to dismiss the counterclaims.

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Plagiarism Today

OCTOBER 11, 2022

1: Justices to Consider Whether Warhol Image is “Fair Use” of Photograph of Prince. First off today, Ronald Mann at SCOTUSblog reports that, tomorrow, the Supreme Court of the United States (SCOTUS) is expected to hear arguments in the case of Andy Warhol Foundation for the Visual Arts, Inc. Though a U.S.

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Plagiarism Today

MAY 31, 2022

First off today, Carson McCullough at Courthouse News Service reports that a federal judge has granted summary judgment in favor of Pinterest in their battle with a photographer. 2: Amendment Passes to Grant Teachers Fair Use of Copyrighted Work Remotely. Have any suggestions for the 3 Count? motion to do so.

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Plagiarism Today

AUGUST 17, 2022

Copyright Office Argues Warhol’s Use of Prince Photo Was Not ‘Fair Use’. First off today, Jaron Schneider at PetaPixel reports that the United States Copyright Office has weighed in on the Andy Warhol case, telling the Supreme Court that they feel Warhol’s paintings were not a fair use of Lynn Goldsmith’s photos.

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The IPKat

FEBRUARY 26, 2023

The IPKat was kindly invited and here is the report. She then moved on to considering the issues arising from “upcycling” and fair use. The programme featured several high-profile speakers. Calboli addressed the right of exhaustion of trade marks in the circular economy especially in the resale sectors.

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Plagiarism Today

AUGUST 16, 2022

The lawsuit was filed by the local broadcaster Mediaset, which claimed that Vimeo failed to take action against some 2,000 infringing videos they reported on the service. The estate, however, has argued that Warhol’s creations were a fair use. million ($8.64 million judgment against Vimeo.

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TorrentFreak

FEBRUARY 27, 2024

Fair Use None of the allegations above address the copyright infringement allegations directly. However, OpenAI stresses that its use of third-party texts should fall under fair use. The fair use defense will eventually be argued in detail when the case is heard on its merits.

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Plagiarism Today

NOVEMBER 18, 2021

1: ‘GTA’ Reverse-Engineer Modders Defend Projects as Under “Fair Use”. First off today, Will Nelson at NME reports that video game modders are fighting back against a lawsuit filed by Rockstar Games claiming that their fan-created mods are a fair use, not a copyright infringement.

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Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. Fair Use Precedent? Google Books and Transformative Use The past two decades have seen a wealth of technological developments, but generative AI is qualitatively different from everything that has come before. However, the U.S.

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TorrentFreak

JANUARY 11, 2024

The dataset also disappeared from the website of AI company Huggingface, citing reported copyright infringement , while others considered their options. Fair Use Meta’s response doesn’t provide much additional detail and the full defense will be revealed as the case progresses. 107,” Meta notes. .

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TorrentFreak

JANUARY 17, 2024

is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. ” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Live Crew used it anyway. .” Campbell v.

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The IP Law Blog

JULY 22, 2021

For example, Vice reported on a Beverly Hills police officer breaking out his phone and playing over a minute of Sublime’s “Santeria” when the officer discovered that his interaction with a well-known LA-area activist was being live-streamed by the citizen via Instagram.

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Plagiarism Today

OCTOBER 5, 2021

First off today, Brian Welk at The Wrap reports that a judge has granted copyright termination for the film Friday the 13th, allowing both the writer, Victor Miller, from the film’s producer/director, Sean S. Ratajkowski fired back, claiming that the photo didn’t qualify for copyright protection and that her use was a fair use.

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IP Watchdog

DECEMBER 10, 2021

This week in Other Barks & Bites: a recent GAO report makes several recommendations designed to improve the Department of Defense’s lack of expertise in IP valuation and licensing; The U.S.

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IPilogue

FEBRUARY 28, 2023

The District Court held that the French decision infringed Wofsy’s freedom of speech and that Wofsy’s books are “ reference works intended for libraries…and such institutions find it an attractive reference due to its price point and that astreinte (monetary damages for copyright infringement) do not apply because of the US’s fair use doctrine.

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IP Law 360

JULY 24, 2023

Supreme Court held in a widely anticipated decision that Andy Warhol's portrait of musician Prince wasn't fair use, while the U.S. In the first half of this year, the U.S. Copyright Office partially canceled a copyright registration on a comic book after finding its illustrations came from an artificial intelligence platform.

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Plagiarism Today

DECEMBER 6, 2022

In fact, according to their most recent transparency report , that includes some 176,959 notices covering some 738,010 pieces of content in just the first six months of 2022. While that rate is typical among hosts of its type, that still leaves some 173,280 pieces of content that were reported as copyright infringing but were not removed.

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Plagiarism Today

OCTOBER 19, 2022

The Notorious Markets report is an annual report by the USTR that identifies international markets that enable piracy. The USTR invites input from various stakeholders, which is what the RIAA is providing in this report. Cardi B had previously argued that the use of the image was a fair use because it was transformative.

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Plagiarism Today

OCTOBER 13, 2022

First off today, Blake Brittain at Reuters reports that yesterday the Supreme Court heard oral arguments in a case pitting photographer Lynn Goldsmith against the estate of artist Andy Warhol. In 1984, Lynn licensed one of her photographs of the musician Prince to be converted into a painting by Warhol for Vanity Fair magazine.

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Plagiarism Today

FEBRUARY 21, 2022

1: Judge: Jehovah’s Witness Parodies Are Fair Use. The judge ultimately ruled that any use of Watch Tower material was a fair use and ordered the subpoena quashed. 2: German Court Case Could Have Huge Repercussions for Anyone Who Uses the Internet. Have any suggestions for the 3 Count?

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Plagiarism Today

FEBRUARY 3, 2022

First off today, Isaiah Colbert at Kotaku reports that YouTuber Mark Fitzpatrick has won a partial victory in his battle with Toei Animation, one that will see many of his videos restored, at least in the United States. However, The channel made headlines last week when he reported receiving some 1,300 copyright notices from Nintendo.

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IIPRD

JANUARY 8, 2023

Copyright infringement & fair use. One of these exceptions is the Fair Use Doctrine. What is fair use in terms of copyright? Fair use comes with an affirmative defence that can be used in reply to claims by the sole owner of a copyright that a person is infringing a copyright.

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Plagiarism Today

SEPTEMBER 21, 2022

First off today, Winston Cho at The Hollywood Reporter Esquire reports that Disney has failed to dismiss an ongoing case against it over the 2018 reboot of the Muppet Babies TV show. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Disney Loses Bid to Dismiss ‘Muppet Babies’ Reboot Copyright Suit.

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Plagiarism Today

AUGUST 2, 2021

First off today, Blake Brittain at Reuters reports that U.S. The judge also ruled against Sinclair on the issue of fair use, saying that it was too early in the case to rule on that issue. Let me know via Twitter @plagiarismtoday. 1: Manhattan Judge Rejects ‘Server Test’ for Internet Copyright Infringement.

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The IP Law Blog

JULY 30, 2021

In this week’s episode of the Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss recent news stories reporting that police officers played copyrighted music during filmed encounters, ostensibly to keep the videos from being uploaded to the Internet.

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Plagiarism Today

MAY 19, 2022

First off today, Pamela Chelin at Variety reports that the 9th Circuit Court of Appeals has granted a significant victory so singer Toni Basil, granting her sole copyright in her 1981 debut album, which included the hit song Mickey. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

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