Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? Such uses, they argue, constitute copyright infringement. Fair Use Precedent? In this regard, an important precedent lies in the history of US litigation involving Google Books.

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LexBlog IP

JUNE 5, 2023

Andy Warhol. These were the hot topics in the recently decided Supreme Court case of Andy Warhol Foundation for the Visual Arts, Inc. Money and copyright won by a 7-2 majority. Money and copyright won by a 7-2 majority. Warhol and his Foundation’s claim of fair use lost. Or in this case, Orange.)

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Copyright Lately

APRIL 19, 2022

Over the past quarter-century, transformative use has become shorthand for fair use itself. The Warhol case gives the Supreme Court an opportunity to provide balance and flexibility to the doctrine. The transformative use doctrine did play a role in Google v. (The Acuff-Rose Music, Inc. ComicMix, LLC.

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43(B)log

AUGUST 3, 2023

Michael Carroll (w/ Peter Jaszi), Fair Use After Google and Warhol Codification is a big deal; clarifies that fair use is a distinct doctrine, whereas well into 20th century courts were using it as noninfringement. Courts weren’t using four factors before that.

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LexBlog IP

AUGUST 23, 2023

Whether one focuses on the word’s connotation of silliness or excitement, or maybe even anger , or analogizes to the raucous and rhymingly-named team from Savannah that makes up its own baseball rules , US copyright law is currently going a little “bananas.” Warhol , 143 S.Ct. In fact, lots is happening.

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43(B)log

SEPTEMBER 7, 2023

15, 2023) This is a copyright suit against Gannett for advertising-like use of a photo taken by Campbell of NFL coach Katie Sowers; the photo came from a screenshot of an ad run by Microsoft that played during the Super Bowl. Gannett did not use the screenshot of the Sowers photo on Ad Meter, but instead on webpages promoting Ad Meter.

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LexBlog IP

NOVEMBER 30, 2022

The American holiday of Thanksgiving is tradition-laden and is celebrated as much for the leftovers after that November Thursday as it is for the turkey on that day, at least according to the US Department of Agriculture. Clarke, Leftover Thanksgiving Turkey Makes the Best, Coziest Soups ]. .” Varsity Brands , 137 S.Ct.

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LexBlog IP

AUGUST 31, 2022

Legend has it that shortly after Adam was created, he complained: ‘O, Lord! I shall give you the sense of humor.'” ’ And the Lord said unto Adam: ‘I shall give you an invisible weapon that will serve you and your children better than any weapons of fight or flight, a power that will save you even from yourself.

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43(B)log

NOVEMBER 8, 2023

Although the Court long ago recognized that defamation claims need First Amendment safeguards because the state, through the judiciary, is making rules for speech, it is now unwilling to recognize the need for similar limits on other causes of action. Trademark: In Jack Daniel’s v.

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LexBlog IP

APRIL 20, 2022

Don’t believe us? As one participant noted , “It is the UK’s single biggest environmental mass participation event and sees volunteers from across the country make more than one million miles of British outdoor spaces cleaner and greener.” Our favorite thing about spring [is] spring cleaning.

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