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Fair Use Tag

BananaIP Counsels > Posts tagged "Fair Use"

It is Fair and Enabling – Data Mining from JNU Depot

Author: Dr. Kalyan C. Kankanala Data Mining in today's context is not limited to collection, organisation, management, searching and displaying of relevant data, it means much more than that, and includes creation of information, knowledge and intelligence from data sets, among others. At a basic level, data mining involves extraction of data, which is mostly done by using data mining software, applications or tools, and analysing the extracted data for a defined purpose. The data sets extracted may be further used by humans or machines for different purposes ranging from understanding trends and relations to training and developing artificial intelligence. Data and...

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Weekly Entertainment Law News: TikTok in Content Ownership Controversy, Musician Sues “Baby Shark” Producers, and more

Another Content Ownership Controversy for TikTok, Copyright Office: No License Required for Use of Songs in Marriages, Musician Sues “Baby Shark” Producers for Copyright Infringement, Producer Sues Drake for Copyright Infringement of Beats, RIAA Refuses to Share “Six-Strikes” Results with Cox, Eminem’s Publisher Sues Spotify for Copyright Infringement, and more. National News Another Content Ownership Controversy for TikTok Online video-sharing platform TikTok has found itself in the middle of a content ownership controversy yet again. TikTok had sent takedown notices to social networking platform ShareChat, asking ShareChat to remove content in which TikTok claimed copyright ownership.  However, ShareChat has sent   a letter to...

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Is it Legal to Reverse Engineer the Engineered?

This image depicts the word Engineer written in the reverse way. This image is relevant as the issue here is whether is it legal to reverse engineer the engineered. Click on the image for more information

This post was first published on September 24, 2014.

 

Shoppers would agree with me when I say that while purchasing something, I need to feel a connect with it. Once I have found that connection, a feeling of possession sets in and I know that the article, which until recently was only lying in a shop somewhere, is now mine. This feeling of possession of an inanimate article may lead us to believe that anything can be done to it, which would legally be termed as personal property rights. These include the right to take the product apart, measure it, subject it to testing and so on. A question now arises – Can we Reverse Engineer and use something that has been engineered by someone else?

The controversy between Atari and Nintendo lays down most of the pre-Digital Millennium Copyright Act framework for the legal analysis of Reverse Engineering. In the late 1980s, the 8-bit Nintendo Entertainment System (NES) was a major player in the video games market. The security mechanism on the NES, called 10-NES, prevented games from running on the system unless they contained a special chip and software. This security mechanism was used by Nintendo to push game developers into licensing contracts.

Is Reporting Leaked & Copyright-Protected Material Equal to Contributory Infringement?

The image is a picture of Quintin Tarantino. The post is about a copyright claim by him. Click on image to view post.

This post was first published on 17th May, 2014.   "No", says a federal judge in California, dismissing Hollywood's star director, Quentin Tarantino’s claim against Gawker Media, LLC. Gawker, a magazine on a lookout for juicy news in the entertainment biz, reported the leak of Tarantino's unpublished work by providing a direct link to the copyright protected "leaked script" for the film, "The Hateful Eight". Tarantino, a multiple Oscar winning/nominated writer-director, discovered that his copyright protected script was leaked. Gawker, on its website, reported the leaked Tarantino’s script in an article, the gist of it being that The Hateful Eight was leaked and that Quentin Tarantino had decided...

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Fair Use vs. Copyright Infringement

The image has multiple copyright symbols in different colours. The post discusses some cases on fair use exception. Click on image to read post.

  This post was first published on 1st September 2014.   1. Cariou vs. Prince Photograph: Patrick Cariou - 2000; Adaptation: Richard Prince – 2008(both via artnet)  Richard Prince, the well-known appropriation artist - one who transforms the work of others to create new meaning in his work was sued by Patrick Cariou, a lesser-known photographer when Prince used several of Cariou’s photographs in a series of collages that were sold for tens of millions of dollars. Richard Prince, for an exhibition in the Gagosian Gallery, appropriated 41 images from a photography book by French photographer Patrick Cariou. Prince claimed Fair Use for the creation of his...

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Reverse Engineering is Legitimated by Reason: Sega v. Accolade

This image depicts two person trying to put the puzzle together. This image is relevant as it was decided in the case of Sega vs Accolade that Reverse Engineering is limited by Reason. Click on the image for more information

This post was first published on 11th November, 2014.   In one of our recent posts on reverse engineering, we discussed fair use for intermediate copying. Today, we will look into another landmark case that legitimizes copying based on a justifiable reason! In Sega v. Accolade, Accolade used a two-step process to create video games compatible with the Sega Genesis game console. The first step was to reverse engineer the system and create a development manual. Accolade purchased a Genesis video game console and three game cartridges. Then the system was wired up so that the data moving between the cartridge and the console during game...

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Madras HC Prohibits Unauthorised Use of Ilaiyaraja’s Songs; DIPP Releases Draft Copyright (Amendment) Rules, Blackbeard Video Dispute Before SCOTUS, and more

Copyright and Entertainment Laws News

  Madras HC Prohibits Unauthorised Use of Ilaiyaraja’s Songs; DIPP Releases Draft Copyright (Amendment) Rules, 2019; Bharat Leaked Online by Tamilrockers; Kawhi Leonard Sues Nike for Copyright Infringement; SCOTUS to Hear Copyright Dispute over Blackbeard Footage; Kanye West and Kid Cudi Claim Sampling is Fair Use; The Penny Hoarder Sues the Smart Wallet; Nickelodeon to Make Baby Shark Animated Series; YouTube Begins Disallowing Younger Minors from Live Streaming; ICC Partners with Social Media to Digitally Connect with Fans, and more. Copyright Quote "The Ilayaraja Judgment is very good news for authors of creative works in the film industry. It opens new licensing and...

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My Fair Writer – Fair Use Principles for Writers: Copyrights and Writers Part 12

As discussed in the previous post, the unauthorised exercise of any exclusive rights in a copyrighted work amounts to copyright infringement. However, copyright law provides certain exceptions to this rule, which are known as ‘fair use’ exceptions. Although the Copyright Act provides for a number of exceptions, this post discusses only the few exceptions which are relevant for writers. Fair Dealing Works belonging to another person may be copied for various purposes like research, criticism, reporting of current events. However, in each of these situations, the law requires that the writer use the work in a manner that amounts to ‘fair dealing’....

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Copyrights, Fair Dealing, and Fair Use in India

The featured image shows a Doodle work on Fair dealing and Fair use under Copyright Act, 1957.

Fair dealing provisions under the Indian Copyright Act, 1957 as amended in 2012 exempt certain activities from the purview of copyright infringement. While certain exceptions mentioned under Section 52(1) of the Copyright Act are applicable to all kinds of works in which copyright subsists, the applicability of certain provisions are restricted to specific works. The following table identifies the various fair dealing and fair use provisions under the Copyright and its applicability to specific works:   Sections Provisions Applicability 52(1)(a) Fair dealing All works 52(1)(a) Private or personal use, including research All works 52(1)(a) Criticism or review All works 52(1)(a) Reporting of current events and current affairs All works 52(1)(aa) Making copies for back-up Computer programmes 52(1)(ab) Obtaining information for...

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Fair use exceptions for libraries under Indian copyright law

  Indian copyright law provides exceptions to libraries for use of copyrighted works under the statutory fair dealing provisions of the copyright Act (section 52) as well as under the judicially created fair use exception. Broadly the law permits use of copyrighted works by libraries for the following purposes: Research and education; Instructions, teaching and training; Private study; Enabling access to the disabled; Activities of education institution; Review and criticism; Searching and data mining; Storage and preservation; and Access to knowledge. The fair dealing and fair use exceptions are provided under Section 52 of the Copyright Act and have emanated from different...

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