Technology & Marketing Law Blog

DECEMBER 31, 2021

The court says that instead of doing a First Amendment analysis, it’s possible that a fair use analysis is sufficient for 512(h) subpoenas (citing Eldred for the principle that fair use is the First Amendment safety valve to copyright infringement). 2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising).

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IPilogue

NOVEMBER 17, 2021

In 2015, the Cowichan Tribes were faced with the issue yet again when Ralph Lauren launched their own line of Cowichan sweaters. The applicant, Indigenous artist John Bulun Bulun, sought relief for copyright infringement of a bark painting, which R & T Textiles had used on t-shirts.

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Ownership Intellectual Property Artwork Copyright Law 102

Copyright Lately

OCTOBER 6, 2024

But the plaintiffs in the Stereophonic case are suing over what they claim is the copying of real-life events, which makes proving copyright infringement much harder. David Adjmi was previously sued over his Three’s Company parody 3C , but in 2015 the court found the play protected by fair use.

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Technology & Marketing Law Blog

JULY 5, 2022

“Even if Bayside had made a prima facie showing of copyright infringement, the subpoena would still need to be quashed because the balance of equities tilts in MoneyBags’s favor.” ” Thus, “even if Bayside had made a prima facie showing of copyright infringement, the Court would quash the subpoena in a heartbeat.”

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Fair Use Plagiarism Copyright Marketing 115

SpicyIP

JULY 17, 2023

The court, however, dismissed the application holding that the impugned film was based on information in the public domain and clarified that the publicity and privacy rights are not heritable and died with the late actor. The plaintiff further argued that he was the lawful successor to the personality rights of the late actor. Petersburg.

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Personality Rights Copyright Patent Copyright Infringement 97

BYU Copyright Blog

NOVEMBER 2, 2023

This case involves copyright infringement claims brought by Pima Community College (“Pima”) against Mr. Edip Yuksel (“Yuksel”), a former employee of 23 years. Moreover, Pima asserts that Yuksel's actions constitute a threat to students' privacy and a violation of their rights under the Family Educational Rights and Privacy Act (FERPA).The

Privacy 40

Privacy Copyright Infringement Copyright Contracts 40

IP Intelligence

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. 2015); Authors Guild, Inc. See generally A.V. Vanderhye v.

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SpicyIP

JANUARY 23, 2023

Differentiating the right to privacy and the right to anonymity, the court held that a tussle between RTBF and public interest needs to be settled mainly through legislative action and, in some cases, by Courts using a balancing exercise. Of 55,607 URLs blocked in India between January 2015 and September 2022, 46.8

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IIPRD

FEBRUARY 8, 2024

Copyright laws, for instance, vary from jurisdiction to jurisdiction. What constitutes copyright infringement in one country may not be in another. 1] , t he cloud service provider was not made liable even after abetting the infringement. 2015) Protecting intellectual property in the cloud, WIPO. eBay Inc. [1]

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Intellectual Property IP Government Technology 52

LexBlog IP

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. 2015); Authors Guild, Inc. See generally A.V.

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Fair Use Licensing Art Music 52

IP Intelligence

JUNE 6, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. 2015); Authors Guild, Inc. See generally A.V. Vanderhye v.

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Fair Use Licensing Art Music 40

TorrentFreak

DECEMBER 22, 2022

Since 2015, TIR has made its specialist content available via the website mistressharley.com (NSFW) and through authorized third parties under licensing agreements. In parallel, websites that sell pirated copies of TIR’s copyrighted videos compete in the same market by targeting TIR’s customers. 65 Videos in Total.

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Privacy Copyright Infringement Trademark Copyright 137

Copyright Lately

MAY 21, 2021

Rachel Dolezal, the woman accused of misrepresenting her racial background, has filed a new infringement lawsuit against CBS Interactive. Is she weaponizing copyright? Dolezal claims that the CBS-owned website ETonline.com infringed the photo by reproducing it without permission in a June 2015 article about the controversy.

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Copyright Copyright Infringement Fair Use Copyright Law 98

IP Whiteboard

APRIL 15, 2021

The Duchess of Sussex) was recently granted summary judgment in a privacy claim against Associated Newspapers Limited, over the publication of extracts from a hand-written letter to her father (see HRH The Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 273 (Ch) ). Background. The Duke of Sussex, a.k.a.

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IP and Legal Filings

DECEMBER 6, 2023

Right To Publicity- A Constitutional Right The right of publicity stems from the right of privacy. But right to privacy only came to be recognised as a fundamental right in the year 2017 in the case of Justice K.S. Puttaswamy (retd.) Union of India and Ors. Nonetheless, in R. Rajagopal v. State of T.N., State of T.N.,

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Privacy Intellectual Property Law Intellectual Property Advertising 105

SpicyIP

DECEMBER 31, 2024

Kaur, the defendants cannot claim infringement of their copyrights. Regarding Mr. Sidhus right to privacy and commercial exploitation, the Court held that for such a right to exist, it should be first established that Mr. Sidhu is a celebrity and has commercial goodwill. Veda Seed Sciences Pvt.

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Technology & Marketing Law Blog

JANUARY 27, 2022

Apple positions itself as more privacy-supportive than the other tech giants, but then it committed an unforgiveable privacy faux pas by unveiling plans to proactively scan client-side files for illegal CSAM. Courts in the Second Circuit keep indicating that various forms of linking may constitute copyright infringement.

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Law Social Media Privacy Government 145

Technology & Marketing Law Blog

JANUARY 9, 2025

IAPs and Copyright Infringement. This cash windfall was only possible because an 11th Circuit ruling held that Cattelan hadn’t committed copyright infringement of precedent works involving the duct-taping of a banana and an orange to the wall. Privacy Lawyers May Be Why We Can’t Have Nice Things.

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Social Media Law Government Privacy 102