Technology & Marketing Law Blog

APRIL 22, 2024

Due to the fact-specific nature of doctrines like implied licenses and fair use, it’s possible the Hayden and Orton jury verdicts are consistent with each other. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. Warner Bros.

Licensing 71

Licensing Copyright Blogging Fair Use 71

Technology & Marketing Law Blog

OCTOBER 25, 2023

Instead, she gets a 12(b)(6) dismissal based on fair use. Purpose and Character of Use. Plus, the tattoo affected the fair use analysis because it established the impossibility of competitive tension between the tattoo artist and Netflix. For this, Cramer demanded $10M dollars from Netflix (later dropped to $50k).

Blogging 84

Blogging Copyright Fair Use Copyright Infringement 84

Technology & Marketing Law Blog

JUNE 2, 2022

Nature of Use. It wasn’t possible to use only a portion of the photo to depict melancholy, so I guess the court is saying Kat Von D should have picked a different image altogether? This factor weighs against fair use. Tattoo Advertising/Human Billboards. ” That sends the issue to the jury. Warner Bros.

Copyright 143

Copyright Social Media Fair Use Licensing 143

Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. To briefly summarize, the court left the fair use question entirely to the jury, despite its own pre-trial order and the Supreme Court’s recent decision in Google v. Tattoo Advertising/Human Billboards.

Blogging 135

Blogging Fair Use Copyright Infringement Copyright 135

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Does it work differently in the US where there is a separate ROP? When, how and why would you seek permission to use persona.

Fair Use 57

Fair Use Contracts Litigation Copying 57

Technology & Marketing Law Blog

JANUARY 24, 2023

Musk bought Twitter, changing its competitive posture (more #MAGA, fewer journalists), decreasing its advertiser base, and otherwise causing Twitter’s implosion. TikTok is dominating GenZ, which portends an inevitable erosion of the customer bases for Facebook, Instagram, and Snap. 18, 2022 NetChoice LLC v.

Law 115

Law Social Media Government Privacy 115