Search for: ""fair use""
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1 Feb 2024, 4:15 am
Fair use is a defense to a claim of copyright infringement that must be affirmatively invoked by the accused infringer. [read post]
1 Feb 2024, 4:15 am
Fair use is a defense to a claim of copyright infringement that must be affirmatively invoked by the accused infringer. [read post]
29 Jan 2024, 10:54 am
Here's what it means for fair use moving forward. [read post]
29 Jan 2024, 4:15 am
The two nearly identical final judgments were entered in favor of the photographer plaintiffs’ claims that Prince and the exhibiting galleries willfully infringed on their photographs, and the court dismissed all the defenses raised – including the fair use defense – with prejudice. [read post]
29 Jan 2024, 4:15 am
The two nearly identical final judgments were entered in favor of the photographer plaintiffs’ claims that Prince and the exhibiting galleries willfully infringed on their photographs, and the court dismissed all the defenses raised – including the fair use defense – with prejudice. [read post]
26 Jan 2024, 11:05 am
Copyright Alliance Applauds Outcomes of Two Groundbreaking Fair Use Cases Involving ‘Appropriation Artist’ Richard Prince — “According to Kupferschmid, ‘The January 25 judgments in the Graham and McNatt copyright infringement cases involving Richard Prince are among the most important fair use decisions in decades. [read post]
25 Jan 2024, 10:03 am
Highlights of recent AI events: litigation by news sources and publishers, claiming that the use by AI in absorbing those publications into their database constitutes a copyright violation; announcement from the US Copyright Office that they have received 10,000 comments in advance of anticipated issuance of regulations about AI use (digestion) of prior published work and whether or not what AI produces based on such activity is a violation of copyright but… [read post]
24 Jan 2024, 1:04 pm
The Court held that the VTR fell in the latter category because it was used for private, noncommercial time-shifting, and that time-shifting was a lawful fair use. [read post]
24 Jan 2024, 8:43 am
Publishers and streaming platforms could argue that AI companies have infringed on their copyrights, however, a fair use defense is anticipated to be used by AI companies and users. [read post]
24 Jan 2024, 5:00 am
OpenAI, in turn, published a sharply-worded response on January 8, claiming that its incorporation of the material for training purposes squarely constitutes fair use. [read post]
24 Jan 2024, 4:00 am
Nor is a court likely to find that such a use is a fair use — to find out if a use is fair use (essentially arguing that no permission was needed), it will probably be necessary to take the case to trial, involving expense in terms of time and money. [read post]
23 Jan 2024, 11:32 am
On how copyright fair use doctrine will apply to AI training: Pam Samuelson gives a summary of on-point fair use cases that might be applied in asking whether training on copyrighted works is fair use, giving arguments for both sides. [read post]
23 Jan 2024, 7:27 am
Times’ articles are copyrighted and cannot be used without permission, except in cases of “fair use” which is well established legal doctrine allowing limited use of copyrighted works in certain areas (such as for education). [read post]
23 Jan 2024, 6:04 am
Nor is a court likely to find that such a use is a fair use — to find out if a use is fair use (essentially arguing that no permission was needed), it will probably be necessary to take the case to trial, involving expense in terms of time and money. [read post]
23 Jan 2024, 5:00 am
Trademark Fundamentals See this overview of key trademark law principles, including the requirements for trademark protection, ownership, proper trademark usage, the ways in which trademark rights may be lost (e.g., through abandonment, genericide, naked licensing, or assignments in gross), and limitations on trademark protection (e.g., the first-sale doctrine, descriptive and nominative fair use, laches, acquiescence), enforcement, and remedies. [read post]
23 Jan 2024, 1:40 am
That said, expect most of the action to center on the fair use defense. [read post]
22 Jan 2024, 9:05 pm
Stanford Law Professor Mark Lemley has likewise argued for fair use protection for generative AI. [read post]
22 Jan 2024, 11:12 am
Fair use makes it possible for us to comment, criticize, and rework our common culture. [read post]
22 Jan 2024, 5:10 am
When you see a Content ID claim on your YouTube video that you are sure abides by Fair Use policies, you can apply to have it removed. ~ Lyle Solomon, Principal Attorney, Oak View Law Group [read post]
19 Jan 2024, 3:27 pm
This seems to be an effort to import a cramped version of copyright’s fair use doctrine as a substitute for the rigorous scrutiny and analysis the First Amendment (and even the Copyright Act) requires. [read post]