Tag Archives: copyright

IPSC Breakout Session #2: mostly copyright and then marijuana innovation

Posted on August 3, 2023 by rtushnet

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 … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

IPSC Breakout Session #1

Posted on August 3, 2023 by rtushnet

Too much to choose from; I prioritized things that were new to me. Mark Bartholomew, A Right to Be Left Dead If we can create new works in a dead author’s style after they’re gone and create conversations with them … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

IPSC Opening Plenary Session

Posted on August 3, 2023 by rtushnet

 Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Non expressive uses: … Continue reading →

Posted in Uncategorized | Tagged , , , , , , , | Leave a comment

Transatlantic Dialogue Workshop Institute for Information Law (IViR) Amsterdam Law School Part 5: Beyond the DSA

Posted on June 30, 2023 by rtushnet

Chair: João Quintais Samuelson: Joel Reidenberg’s Lex Informatica is a foundational text worth revisiting. Riffs off of the concept of law of trade; what happened was that people engaged in inter-area commerce made up sales law through their practices. Informal … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Transatlantic Dialogue Workshop Institute for Information Law (IViR) Amsterdam Law School Part 4: Industry Impact and Industry Relationships

Posted on June 30, 2023 by rtushnet

Chair: Daphne Keller: EU heavy compliance obligations + a bunch of other laws coming into effect right as platforms are laying off people who know how to do that—a bumpy road. Impulse Statement: Rachel Griffin: Technocratic approach to regulation; we … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Transatlantic Dialogue Workshop Institute for Information Law (IViR) Amsterdam Law School Part 2: Data Access

Posted on June 29, 2023 by rtushnet

Impulse Statement: Christophe Geiger: Relevance to © exceptions and limitations—access to © protected work is important for this work. Research organizations have exception in © Directive and also are vital to DSA, so we must look at both. Only digital … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

copying/explicit references let Roblox proceed with dubious (c) claim; Lego should be watching

Posted on May 19, 2023 by rtushnet

Roblox Corp. v. Wowwee Gp. Ltd., 2023 WL 2433970, — F. Supp. 3d –, No. 22-cv-04476-SI (N.D. Cal. Mar. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” Users interact … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Apple v. Corellium out: 11th Cir. finds copying for security research transformative

Posted on May 9, 2023 by rtushnet

Apple v. Corellium, Inc., No. 21-12835 (11th Cir. May 8, 2023) The Eleventh Circuit affirmed the core finding that Corellium’s copying of iOS for security research purposes was fair use, but vacated and remanded for further analysis of contributory infringement … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Pandemic art kit didn’t infringe artist’s rights

Posted on May 2, 2023 by rtushnet

 Keck v. Mix Creative Learning Center, LLC, No. 4:21-CV-00430, 2022 WL 19691177 (S.D. Tex. Dec. 19, 2022) Technically, the trademark analysis here is weird (the parties agreed that the copyright fair use analysis would determine the trademark fair use analysis; … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

using competitor’s images in comparative advertising is fair use even when appearance isn’t being compared

Posted on April 26, 2023 by rtushnet

 I Dig Texas, LLC v. Creager Servs., LLC, 2023 WL 3066119, No. 22-CV-0097-CVE-JFJ (N.D. Okla. Apr. 24, 2023) “This case arises out of alleged misuse of copyrighted images, eventually leading to a dispute … that resulted in false business reviews, … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment