Remove 2005 Remove Advertising Remove Fair Use Remove Licensing
article thumbnail

Videogame Maker Has Implied License to Depict Copyrighted Tattoos–Hayden v. 2K

Technology & Marketing Law Blog

The jury needed only 90 minutes to determine that the defendants had proven their implied license defense, ending the case. 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. Warner Bros.

article thumbnail

Journey Through “Novembers” on SpicyIP (2005 – Present)

SpicyIP

So, before 2023 turns into yesteryear, let’s see what the past Novembers on SpicyIP (2005 to present) have offered. 400 crore war between Monsanto and Indian seed companies with threats of price control and compulsory licensing of patents.” Image from here November has passed. see also Sourav Ganguly vs Tata Tea ).

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik v. Kat Von D

Technology & Marketing Law Blog

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. ” That sends the issue to the jury. Nature of the Work. Market Effect.

Copyright 143
article thumbnail

Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. WWE 2K (Guest Blog Post)

Technology & Marketing Law Blog

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. Warner Bros.

Blogging 135
article thumbnail

This Blog Has Jumped the Shark: I’m Covering a Copyright Opinion About a Tattoo of Tiger King’s Joe Exotic–Cramer v. Netflix

Technology & Marketing Law Blog

Instead, she gets a 12(b)(6) dismissal based on fair use. Purpose and Character of Use. ” The court doesn’t address the potential licensing market for the tattoo design. It’s nice to see the court use the Goldsmith case to cement the defense’s fair use win. Or the $50k.

article thumbnail

The Modern Copyright Dilemma: Digital Content Ownership and Access

IP and Legal Filings

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. Digital Rights Management & Fair Use If everything is so well designed, then where is the issue?

article thumbnail

2022 Internet Law Year-in-Review

Technology & Marketing Law Blog

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