Technology & Marketing Law Blog

OCTOBER 25, 2023

Instead, she gets a 12(b)(6) dismissal based on fair use. Purpose and Character of Use. “use of the entire image of the Tattoo in the 8-way split screen montage, with visual and audio effects, is appropriate to Defendants’ transformative purpose of showing the public’s reaction to Season One of the Tiger King series.”

Blogging 84

Blogging Copyright Fair Use Copyright Infringement 84

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 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

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. Market Effect. Also, see Q2 of my 2005 contracts law exam and the sample answer.

Copyright 143

Copyright Social Media Fair Use Licensing 143

SpicyIP

SEPTEMBER 4, 2023

SpicyIP Tidbit: Some Strengthening of the Right to Information Act, 2005 From the Judicial Side Image from here RTI applications are often responded to with dodgy replies and incorrect information. Md Sabeeh Ahmad writes on the proposed changes to the timelines in the patent prosecution process. Dabur India Ltd.

Cease and Desist 105

Cease and Desist Patent Prosecution Trademark Derivative Work 105

Technology & Marketing Law Blog

JANUARY 27, 2022

The first Supreme Court ruling on fair use in over a quarter-century, and it’s a good one. The Crisis of Online Contracts (as Told in 10 Memes) , Notre Dame J. Before that, John Ottaviani and I assembled lists of top Internet IP cases for 2005 , 2004 and 2003. Mahanoy School District v. Emerging Tech.

Social Media 127

Social Media Law Privacy Government 127

Technology & Marketing Law Blog

JANUARY 24, 2023

Two recent key developments were the Digital Markets Act and the Digital Services Act. This discourages visits to new sites, which will reward incumbents and thwart new market entrants. And yet…a #MAGA Ohio judge sealioned his rejection of Google’s motion to dismiss. at greater risk. 18, 2022 NetChoice LLC v.

Law 115

Law Social Media Government Privacy 115