Search for: ""fair use""
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17 Mar 2024, 8:11 pm
Here, we want to identify a few critical issues that the publishers focus on in their brief, including some questionable fair use analysis that they repeat from the district court below. [read post]
15 Mar 2024, 7:00 am
This Computer Scientist Seeks a Future Where AI Development Values Copyright — “This fair use view is far from universal. [read post]
14 Mar 2024, 10:37 am
Nominative fair use: Earth, Wind & Fire wasn’t readily identifiable without use of its name. [read post]
14 Mar 2024, 6:56 am
However, the use of parody in the context of commercial products, such as the “Satan Shoes,” which will be discussed in further detail later, raises questions about the limits of fair use and the potential for trademark infringement.[14] In another drop, MSCHF created the Global Supply Chain Telephone Handbag that combines elements from famous luxury brands like Birkin, Celine, Dior, and Balenciaga. [read post]
13 Mar 2024, 4:01 pm
In a fair use analysis, court’s conduct a four-part analysis, and each of those four factors here either favors Austin for Palestine or is at worst neutral. [read post]
12 Mar 2024, 11:51 am
The post Copyright Claims Board Finds Documentary was Fair Use appeared first on Plagiarism Today. [read post]
11 Mar 2024, 10:25 pm
How does fair use apply to controlled digital lending? [read post]
11 Mar 2024, 3:31 pm
Defenders of the district court’s approach might argue that interoperable software will often be protected by fair use. [read post]
7 Mar 2024, 10:33 am
While the doctrine of exhaustion may not provide a viable solution in cases involving “material differences”, the principle of fair use can be effectively employed as “unrelated parties can use a mark to identify or refer to the trademarked product so long as the reference does not suggest endorsement or affiliation”. [read post]
6 Mar 2024, 5:20 pm
It’s entirely possible that the indemnitors plan to deploy users as human shields to broadly assert fair use defenses even if the user might not otherwise assert fair use. [read post]
5 Mar 2024, 9:27 pm
” The Library Copyright Alliance (LCA) also supports a fair use argument, pointing to the history of courts applying the US Copyright Act to AI. [read post]
4 Mar 2024, 7:00 am
Those who plan to use photos based on a fair use defense should take heed of this decision. [read post]
1 Mar 2024, 8:04 am
‘Defendants’ newly devised Rice Krispies argument for fair use here is even less credible than Internet Archive’s previous fabricated fair-use theory for books that the Southern District of New York recently eviscerated,’ the plaintiffs’ response states. [read post]
29 Feb 2024, 7:19 am
Rebecca Tushnet (Harvard Law) chronicled the sessions she attended: Session 1: AI Session 2: Doctrine, © Fair Use Session 3: Cultural Production Session 4: & Consumers Session 5: Anti-Circumvention Session 6: IP Theory Session 7: Design Law The post WIPIP 2024 Highlights appeared first on Technology & Marketing Law Blog. [read post]
28 Feb 2024, 7:39 pm
“Use of texts to train LLaMA to statistically model language and generate original expression is transformative by nature and quintessential fair use,” Meta said in a court filing responding to one of the lawsuits last fall, referring to its generative-AI model. [read post]
28 Feb 2024, 3:54 pm
The questions of fair use and whether the headnotes are sufficiently original to merit copyright protection will go to a jury to decide. [read post]
28 Feb 2024, 12:22 pm
In the foreword, Paul Heald situates this edited collection alongside Aplin and Bently’s Global Mandatory Fair Use (IPKat review here) in offering a solution to the question of “how can the law better align with the expectations of musicians with the structures of copyright? [read post]
28 Feb 2024, 7:26 am
Under the Copyright Act of 1976, fair use is an affirmative defense to federal copyright protection.[17] Fair use protects a creator’s ability to build upon prior art and is a check on the power that copyright affords to its rights holders. [read post]
28 Feb 2024, 6:18 am
As my MLex colleagues, Madeline Hughes and Amy Miller, reported : “The New York Times’ copyright lawsuit against OpenAI and Microsoft adds a new dimension to what ‘fair use’ could ultimately mean for the makers of language-based generative AI systems that build algorithms using copyrighted works. [read post]
27 Feb 2024, 7:12 am
Barcelona's Ninth Mercantile Court, curiously, applied the four factors for fair use in US law to find that the digitisation of the physical works constituted "harmless use" such that the authorisation of the copyright rightsholders was not required. [read post]
