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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Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Although privacy invasion has been the main topic of discussion in this virtual context, there is another issue at hand: copyright infringement. Fair use; webinar recordings. The post Ownership, Licensing, and Fair Use of Copyright for Webinars appeared first on Biswajit Sarkar Blog.

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The IP Law Blog

JULY 30, 2021

Scott and Josh discuss how copyright law, the DMCA, and fair use apply to this tactic. Scott’s article on this topic can be read here. Listen to the podcast of this episode on your favorite podcast platform or online here. Watch this episode on the Weintraub Tobin YouTube channel, here. Case discussed: Lenz v.

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JD Supra Law

JUNE 6, 2023

These were the hot topics in the recently decided Supreme Court case of Andy Warhol Foundation for the Visual Arts, Inc. Andy Warhol. And Prince, the Purple One. (Or Or in this case, Orange.) Goldsmith et al., 598 U.S. _ (2023) (Citations are to the Slip Opinion (“Slip Op.”)). By: Akerman LLP - Marks, Works & Secrets

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Dear Rich IP Blog

AUGUST 3, 2022

Interior Entrance to the Department of Interior Dear Rich: Do we need any kind of release to use a photo of an interior entrance in a new and very famous museum for use in a print-only format. The topic of our publication is the museum. But if you can't get permission, you may have a reasonable fair use argument.

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Velocity of Content

AUGUST 9, 2022

She brought suit for copyright infringement, lost at the trial court because of the Warhol estate’s fair use defense but won on appeal to the Second Circuit. First, there are not that many Supreme Court cases that address fair use. What is “transformative” has been a hotly debated topic for years.

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Likelihood of Confusion

JANUARY 5, 2024

And I only raise the topic because that is my excuse for missing this epochal commercial riffing. I don’t watch a lot of TV — don’t even have one, actually. The post Don’t say it! SUPER BOWL®, that is. appeared first on LIKELIHOOD OF CONFUSION™.

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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).

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Technology & Marketing Law Blog

JUNE 2, 2022

This is a venerable question–I remember evaluating it as a possible law review note topic 30+ years ago. Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. .” Nature of Use. This factor weighs against fair use.

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LexBlog IP

NOVEMBER 17, 2023

While many of these lawsuits are in the initial stages of litigation, defendants are sure to assert “fair use” and constitutional defenses should plaintiffs’ claims survive pleadings. The court concluded that “the first fair use factor comes down to the jury’s finding of transformativeness.”

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The IPKat

JULY 17, 2023

The Rogers test has primarily been applied by the courts in situations where a mark is used to perform some form of expressive function rather than designate a work’s source – a topical example being the lawsuit brought by Mattel in the early 2000s in relation to the song Barbie Girl. Bad Spaniels (L), Jack Daniel's (R).

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LexBlog IP

JULY 30, 2021

Scott and Josh discuss how copyright law, the DMCA, and fair use apply to this tactic. Scott’s article on this topic can be read here. Listen to the podcast of this episode on your favorite podcast platform or online here. Watch this episode on the Weintraub Tobin YouTube channel, here. Case discussed: Lenz v.

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SpicyIP

NOVEMBER 7, 2022

Like previous years, we kept the topic selection open to participants – asking them to choose any topic they wanted so long as it related to IP. We received several excellent submissions across a various range of topic areas. And encouraged participants to draw inspiration from Shamnad’s scholarship.

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Copyright Lately

SEPTEMBER 26, 2022

Implied License and Fair Use Are the Key Remaining Defenses. With the de minimis defense out of play, this leaves defendants to argue implied license, fair use, waiver and estoppel. Defendants also plan to assert that the use of Orton’s likeness in WWE 2K (tattoos and all) is a protected fair use of Alexander’s designs.

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Kluwer Copyright Blog

JANUARY 15, 2024

Copyright and AI was one of the topics covered in the Third Roundtable that was held on 28-29 August 2023. They are waiting to see what US courts decide in the current legal actions against AI companies and whether other countries take any legislative action in this fast-changing technical landscape.

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The IPKat

MARCH 7, 2024

centred perspective, it — unsurprisingly —managed to grasp the essence of the topic globally. Likely influenced by the eco-conscious Swedish lifestyle and the general hype around upcycling and reinvention, especially in the fashion scene, it was inevitable for this Kat to be intrigued by this particular chapter. Despite having a solely U.S.-centred

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Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. This has important implications for the doctrine of fair use.

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LexBlog IP

JULY 30, 2021

Scott and Josh discuss how copyright law, the DMCA, and fair use apply to this tactic. Scott’s article on this topic can be read here. Listen to the podcast of this episode on your favorite podcast platform or online here. Watch this episode on the Weintraub Tobin YouTube channel, here. Case discussed: Lenz v.

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IIPRD

APRIL 8, 2024

Accusations of copyright infringement have come up in recent times by creators, however the way generators like stable diffusion function, they transform these images to an extent where they appear to be a new creation, such nature and the application of the fair use doctrine appears to be an alternate legal argument for these apps.

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Copyright Lately

AUGUST 22, 2021

The complaint raised concerns that Dolezal was using copyright law to purge the historical record of her controversial past, while seeking substantial monetary damages in the process. The defendant, CBS Interactive, had a solid fair use defense, but never needed to assert it. Also, I’m looking for future article topics!

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Likelihood of Confusion

SEPTEMBER 15, 2023

One of my favorite ever topics here on LOC has been the litigation brought by the University of Alabama against painter Daniel Moore for unauthorized artistic depiction of trademarks. The post More, more, Moore! appeared first on LIKELIHOOD OF CONFUSION™.

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Likelihood of Confusion

AUGUST 25, 2023

From last week’s INTA Trademark Topics email discussion list. First posted on January 17, 2010. One name has been changed to protect the innocent, and the links, by way of. The post Best of 2010: Trademarks, copyright, brand equity, and rent-seeking: Soapbox 2010 appeared first on LIKELIHOOD OF CONFUSION™.

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SpicyIP

FEBRUARY 27, 2024

On the trademark side, relevant is this post by Bhavya Solanki and Medha Bhatt discussing the applicability of the fair use provisions of trademark law to the unauthorized use of trademarks in the virtual world. Then, Arundathi Venkataraman discussed the topic using the case of Garcia v. Well … not really!

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The TTABlog

JUNE 22, 2023

Ramsey of the University of San Diego School of Law have just published an article on a very timely topic: "Raising the Threshold for Trademark Infringement to Protect Free Expression," 72 American University Law Review 1179 (2023). Professor Christine Haight Farley of American University - Washington College of Law, and Professor Lisa P.

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LexBlog IP

MARCH 19, 2024

Also, would the Developer’s training of the AI system using an Ultraman image also constitute copyright infringement, or would the fair use exception apply? If so, then it would appear appropriate for the Developer to take a bigger portion of the blame for the copyright infringement.

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Technology & Marketing Law Blog

APRIL 1, 2023

This ruling covers two key topics related to 512. 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. ” Cite to ISE v. Federici * Biosafe-One v.

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The IPKat

JULY 15, 2023

Image credits: Riana Harvey Events and publications The Queen Mary Intellectual Property Research Institute joins forces with the Centre for Commercial Law Studies in organising their annual IP event, this year tackling the hot topic of investigating the crucial narratives on the role of IP law and theory in promoting a sustainable world.

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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. The course consists of 10 sessions via Zoom.

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TorrentFreak

DECEMBER 13, 2023

With more than 10,000 responses, it is clear that the topic is close to the hearts of many people. The association is particularly concerned with the suggestion that its members’ works can be used for AI training under a fair use exception. This clash between AI and copyright piqued the interest of the U.S.

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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. Registration is open here. pre-publication event: EULAs: Friends or Foes?,

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The IPKat

FEBRUARY 26, 2023

The Faculty of Law at the University of Geneva recently hosted (on February 7, 2023) an international conference on the topic “ Intellectual Property & Sustainability ”. She then moved on to considering the issues arising from “upcycling” and fair use.

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TorrentFreak

MAY 16, 2022

McFree filed a motion to quash, arguing that any use of Watch Tower material was protected under the doctrine of fair use. The judge found that McFree’s use of Watch Tower content amounted to parody, criticism and commentary, and was therefore protected under the doctrine of fair use.

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SpicyIP

JUNE 19, 2022

Jentham : ( continuing Nya’s idea ) For e.g. take the ‘Free Speech – Copyright – Fair use’ relationship: when the focus is on ‘right’, we may just overlook that (as some would argue) free speech is to copyright, as copyright is to fair use.

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Copyright Lately

OCTOBER 24, 2022

Fair use and de minimis defenses are often unreliable, and even if you have a solid case, defending copyright infringement lawsuits is an expensive proposition. In 1997, the Second Circuit reversed the district court’s finding that BET made fair use of Faith Ringgold’s “Church Picnic Story” quilt.

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The IPKat

SEPTEMBER 21, 2022

The question of transformative fair use at the heart of Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith (see IPKat post here ) was discussed and cheered on while the case heads to the US Supreme Court. Jurisdiction in the global metaverse was another topic that presented intriguing questions and as of yet few answers.

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IP Tech Blog

SEPTEMBER 25, 2023

There are multiple questions in the Notice dealing with the nature of the materials to train AI Systems ( e.g. , the use of copyright versus non-copyrighted works, or the use of licensed works) and the implications of the fair use doctrine in this context. See Questions 6-14 of Notice.

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IPilogue

DECEMBER 7, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. If transformative, Larson’s appropriation may amount to nothing more than , which is not in itself actionable; if derivative, Larson’s actions may constitute copyright infringement unless she can successfully argue fair use.

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