Likelihood of Confusion

MAY 27, 2022

Posted on August 6, 2009. Traverse Legal: Mary Roach has a great post at CircleID on an area that we have talked about extensively, namely, copyright takedowns under the Digital Millennium Copyright. The post Best of 2009: The DMCA and the search engine appeared first on LIKELIHOOD OF CONFUSION™.

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The IP Law Blog

OCTOBER 13, 2022

Take-Two Interactive Software found that the depiction of tattoos on wrestler Randy Orton in a video game published by Take Two Interactive infringed the tattoo artist’s copyright in the tattoos. The District Court also found that the use was not fair use. However, the jury did get instructions on fair use.

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Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. We, who have been writing and teaching about copyright law and how it has responded to challenges posed by new technologies for decades, were among those who submitted comments, see [link].

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SpicyIP

MARCH 1, 2025

In light of Amazon’s decision to disable the ‘Download or Transfer via USB’ feature from their Kindle devices, Arnav Kaman discusses DRMs/TPMs, the rights of the user, what users can do with their ebooks within the fair use doctrine, and the future of ebooks in this guest post.

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IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S.

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Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

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TorrentFreak

FEBRUARY 15, 2024

At the time, similar services were also being offered by several of Finland’s internet service providers but for the members of the Copyright Information and Anti-Piracy Center (CIAPC, also known as TTVK), this was a serious breach of copyright law.

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The IPKat

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? It should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law.

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Intepat

APRIL 23, 2021

Brief Background: Android which is owned by Google LLC used Java’s Application Programming Interfaces (APIs) for building their Android Operating System for Mobile devices from 2005. Java owned by Sun Microsystems was later acquired by Oracle in 2009. And held that Android was using APIs and was using them commercially.

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Greenspoon Marder LLP

MAY 12, 2013

Two individuals in the music industry, Devin Copeland, and Mareio Overton, have filed a copyright infringement lawsuit against Usher and Bieber alleging they, not Bieber and Usher, came up with the song “Somebody to Love.” and seventeen other defendants in their $10 million copyright infringement lawsuit.

Copyright 52

Copyright Copyright Infringement Music Fair Use 52

LexBlog IP

OCTOBER 13, 2022

Take-Two Interactive Software found that the depiction of tattoos on wrestler Randy Orton in a video game published by Take Two Interactive infringed the tattoo artist’s copyright in the tattoos. The District Court also found that the use was not fair use. However, the jury did get instructions on fair use.

Fair Use 52

Fair Use Copyright Licensing Copying 52

Likelihood of Confusion

SEPTEMBER 28, 2024

Originally posted 2009-01-22 13:31:48. It raises an interesting question about Internet-related copyright and trademark law. We use a filtered Internet service […] The post Adverference? Republished by Blog Post Promoter Working from home today after a bruising few weeks at work (see yesterday’s post!),

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43(B)log

FEBRUARY 22, 2022

Designed to be freely available licensed or public domain; we occasionally use fair use images where no free image is available, such as when a famous work has been destroyed. The OTW’s nonprofit, volunteer-operated website hosting transformative noncommercial works, the Archive of Our Own, was launched in late 2009.

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Copyright Fair Use Music Licensing 45

43(B)log

AUGUST 9, 2024

Implementation also covers TPMs though overrides protections for out of copyright works. Comparative analysis of US law; cited EFF on DMCA’s effects. Marketa Trimble, Cross-Border Exceptions and Limitations to Copyright: “Powered by AI” Not interested here in whether training infringes/using AI as an example of a process.

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LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” ” (S.

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IIPRD

AUGUST 11, 2023

There is no question of fair use as although it is not commercially beneficial but it is neither limited to private use. However, the US Court has held Napster [2] , which was a file-sharing platform as well, guilty of infringing copyrighted materials and was denied the defence of fair use.

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IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. emphasis original).

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SpicyIP

FEBRUARY 27, 2024

For instance, see Thomas Vallianeth’s post pondering upon Copyright Aspects in Open World Gaming and arguing that “open world gaming contains elements that need to be granted distinct protection as opposed to the generic protection as computer programs.” Then, Arundathi Venkataraman discussed the topic using the case of Garcia v.

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LexBlog IP

AUGUST 31, 2022

Jacobs on the copyright side. Humor is also central to trademark infringement claims through notions of parody, and as part of copyright claims through satire. ’ [Simon Carty, Review Of The Defamation Act 2009 ]. And, of equal interest, humor impacts in these contexts outside the U.S. constitutional system.

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43(B)log

AUGUST 8, 2024

Mark Bartholomew, Publicity Rights After Warhol Risk that courts will apply Warhol to ROP cases, but transformativeness is the only element in the ROP defense as defined by the California SCt rather than a multifactor fair use test. Congress endorsed an incompletely theorized agreement w/o contents of fair use being defined.

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SpicyIP

JANUARY 27, 2024

Without further ado, here’s what I found in Decembers: Rahul Cherian’s Legacy regarding Copyright Disability Exceptions: The name Rahul Cherian remains etched in the annals of Indian IP law, celebrated for his unwavering commitment to promoting access to copyrighted works. As noted in Prof.

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Technology & Marketing Law Blog

JANUARY 14, 2025

Capitol Records (the successor to EMI) sent its first cease-and-desist letter to Vimeo in 2008 and sued Vimeo for copyright infringement in 2009. The 281 videos at issue, uploaded in 2006-13, had background music that allegedly infringing the plaintiffs’ copyrights. Yes, this is a 15-year-old lawsuit.[FN] We disagree.

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The IPKat

DECEMBER 9, 2022

Here’s what they write: Does election rhyme with copyright protection? Dear Katreaders, hold on tight and brace yourselves for a very technical and legal analysis of the legal use of copyright works in political campaigns. The Danish liberal party “Venstre” had used Laid Back’s hit “ Sunshine Reggae ” in their campaign.

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Technology & Marketing Law Blog

JANUARY 27, 2022

It creates a third asset for creators to sell, in addition to any physical item and the work’s copyright. The extra cash flows from NFTs could spur new creative activity–a win for all of us. The first Supreme Court ruling on fair use in over a quarter-century, and it’s a good one. Emerging Tech.

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Technology & Marketing Law Blog

JANUARY 24, 2023

SMART Copyright Act. A very dumb law that would authorize the Copyright Office to force UGC sites to adopt expensive and overrestrictive technological controls as dictated by copyright owners. EARN IT Act. This bill started as a twofer: ban E2E encryption AND repeal Section 230 for CSAM claims. Still, the news was bad for hiQ.

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