Plagiarism Today

MAY 16, 2022

First off today, Massimo Capizza at the National Law Review reports that the Supreme Court of the United States has denied certiorari in a case over the 2003 Josh Groban song You Raise Me Up , leaving a circuit split in place over how to determine substantial similarity between two works. Let me know via Twitter @plagiarismtoday.

Cease and Desist 242

Cease and Desist Music Public Domain Publishing 242

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] It found that all four fair use factors weighed against fair use. [12] Goldsmith counterclaimed for copyright infringement.

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The IPKat

OCTOBER 12, 2022

The Wikipedia entry begin as follows— For the 2003 novel, see The Miniaturist (Kunal Basu novel)." An international bestseller, it was the focus of a publishers' bidding war at the 2013 London Book Fair.[2] Interesting, even fascinating, but it did not compute with the book title in this Kat's memory.

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Law Trademark Public Domain Licensing 127

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. Monbo appeared as an actor in the 2001 and 2003 Documentaries, was interviewed in “[a]t least two” of the segments defendants used, and was not compensated for the use of his likeness.

Fair Use 52

Fair Use Trademark Copyright Editing 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment? If the work was published without proper copyright notice, the work entered the public domain. This strikes me as the wrong result. 2d at 206. (The

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Copyright Blogging Publishing Fair Use 131

43(B)log

AUGUST 8, 2024

Prince finds fairness in many images when Prince didn’t care about other artists; Graham v. Prince rejects fair use when his stated intent was to have fun. Sexual pleasure: when mark is used to “titillate” or convey a message that sex is good, that doesn’t establish parody or commentary. Disdain as paradigmatic fair use.

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IP Fair Use Privacy Licensing 59