43(B)log

MARCH 1, 2022

25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

Plagiarism Today

FEBRUARY 3, 2022

According to a video he uploaded, his videos will remain available in countries with a broad fair use exemption, like the United States, but not in countries like Toei’s native Japan that have narrow exemptions. It is unclear what, if any, long-term impacts this will have on YouTube policy moving forward.

Music 245

Music Reporting Copyright Notice Fair Use 245

Plagiarism Today

APRIL 19, 2022

First off today, Joe Tidy at the BBC reports that the City of London Police have arrested three people and shuttered the website of a group that was running an unauthorized clone of Club Penguin, the Disney social media site/game that shuttered in 2017. The court, in this case, rejected the test as well as Newsweek’s fair use arguments.

Social Media 246

Social Media Settlement Fair Use Reporting 246

Plagiarism Today

MARCH 17, 2022

However, that is extremely cold comfort to the creators, many of whom have used and paid for Vimeo for years, that are facing the difficult choice of paying a much higher subscription fee or leaving the platform altogether. The scariest part of all, we’ve seen this exact behavior before, and it did not go well in 2017 either.

Fair Use 246

Fair Use Plagiarism Publishing Business 246

IPilogue

OCTOBER 1, 2022

Fischer found triable issues on substantial similarity and fair use. In March 2017 , Kat Von D inked a tattoo of Sedlik’s Davis photograph on the arm of lighting technician Blake Farmer (“Farmer”) for free. To freehand ink the tattoo, Kat Von D created a stencil by using a light box to trace the Davis photograph.

Copyright Infringement 129

Copyright Infringement Fair Use Art Copyright 129

LexBlog IP

MAY 25, 2023

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. She emphasized that both uses were commercial in nature, making them substantially similar in purpose. In a closely watched copyright case, the U.S.

Fair Use 52

Fair Use Derivative Work Artwork Copyright Law 52

LexBlog IP

MAY 3, 2022

The WIN Passage is subject to a separate copyright registration and he offers licenses for its use. In December 2017, Chisholm Trail High School’s softball team and color guar posted the WIN Passage to their Twitter accounts. He offers merchandise, including t-shirts and posters, that display the WIN Passage.

Fair Use 52

Fair Use Social Media Copyright Marketing 52

The IPKat

SEPTEMBER 25, 2023

Pursuant to Article 58(1)(a) of Regulation 2017/1001 (EUTMR), a trade mark which has not been put to genuine use by its holder within five years after its registration may be liable to revocation unless there are valid reasons for its non-use.

Fair Use 119

Fair Use Registration Designs Design 119

TorrentFreak

OCTOBER 1, 2023

.” And then there’s the increasing number of channels posting ‘copyright disclaimers’ citing Section 107 of the Copyright Act 1976, stating that since everything on the channel is ‘fair use’, channel owners are exempt and can never be sued. Created by Ethan and Hila Klein, the channel has over 2.93

Fair Use 120

Fair Use Copyright Copying Copyright Infringement 120

Copyright Lately

JUNE 2, 2022

In a 30-page order, the district court largely denies both parties’ motions for summary judgment, finding triable issues on substantial similarity and fair use. and High Voltage Tattoo) asked the court to determine that the use of Sedlik’s photo as a reference image qualified as a fair use of the copyrighted work.

Fair Use 109

Fair Use Social Media Copyright Copyright Infringement 109

Michael Geist

DECEMBER 3, 2024

Unlike the NY Times, which focused on both the inputs (the materials used to train ChatGPT) and the outputs (allegations ChatGPT occasionally provides copyright infringing results), the Canadian claim only target the inputs with no allegation that ChatGPT results are infringing. which used WebText , a data set that traces back to 2019.

Settlement 113

Settlement Copyright Licensing Copyright Infringement 113

43(B)log

FEBRUARY 18, 2022

A: History differs a lot—US foundation for ROP was set much earlier. Justin Hughes The Sub Rosa Rules of Copyright Fair Use Two competing descriptions of fair use: (1) Vague, unpredictable, ad hoc. (2) You can cluster fair use cases. Those are where fair use is stable, predictable, and coherent.

Fair Use 45

Fair Use Contracts Litigation Copying 45

Technology & Marketing Law Blog

MARCH 11, 2022

In 2017, LiveJournal changed its policies. In response, Newman, the community moderator, copied all of the community’s posts and uploaded them to Dreamwidth–an action we used to call “mirroring” in the old days. Nevertheless, the registration is worthless because Newman qualifies for fair use. ” Nature of Use.

Fair Use 130

Fair Use Copying Copyright Publishing 130

LexBlog IP

MARCH 15, 2024

Plaintiff has been suing various wristwatch companies over the use of the term RED GOLD. Throughout the twentieth century, many newspapers, advertisements, magazines, textbooks, and other reference materials used the term “red gold” to describe the gold-copper combination.

Fair Use 52

Fair Use Social Media Trademark Advertising 52

IPilogue

APRIL 12, 2022

In 2017, AmoGood was involved in the first Chinese legal action against movie recap producers. G Movie began producing movie recaps in 2017 and has 1.84 AmoGood, one of China’s most famous and influential movie recap bloggers, is well-known for his video series “Watching a Movie within X Minutes.” million subscribers and 1400 videos.

Intellectual Property Law 119

Intellectual Property Law Television Copyright Infringement Fair Use 119

IP and Legal Filings

JUNE 29, 2024

The status of the right to privacy as a fundamental right was established with the Puttaswamy judgment in the year 2017 [2] , due to which the development of the right to publicity as an aspect of the right to privacy in India is at the nascent stage. This usually applies in cases of news, parody, commentary, non-commercial use etc.

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 7, 2022

In recent years, she has played a key role in litigation surrounding the “Fearless Girl” statue, which was famously unveiled in New York City in 2017, as well as trademark litigation on behalf of travel metasearch engine Kayak. .

Intellectual Property 86

Intellectual Property Fair Use Litigation Trademark 86

TorrentFreak

OCTOBER 7, 2023

In 2017, the site removed ‘just’ 4,352 pieces of content in response to copyright holders’ complaints. Snarking and Fair Use In addition, there were also thousands of invalid takedown requests for which Reddit took no action. A few years ago copyright holders paid little attention to these discussions.

Copyright 128

Copyright Copyright Infringement Fair Use Reporting 128

Technology & Marketing Law Blog

APRIL 8, 2025

Heldman * Another 512(f) Claim FailsNingbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)Hughes v. Benjamin * How Have Section 512(f) Cases Fared Since 2017? New Destiny Church * Reaction Video Protected By Fair UseHosseinzadeh v. Longarzo * Another 512(f) Case FailsHandshoe v.

Cease and Desist 52

Cease and Desist Fair Use Copyright Blogging 52

Kluwer Copyright Blog

OCTOBER 3, 2023

In the plaintiffs’ reasoning, the development of the AI by Google began in 2017, when it introduced the “Transformer” neural network, a revolutionary framework underpinning the LLM. 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir. 3d 723, 743 (9th Cir. Church of God, Inc.,

Fair Use 137

Fair Use Privacy Copyright Technology 137

SpicyIP

AUGUST 22, 2022

Though the text of the Act does not use the terms dilution, tarnishment, blurring or free-riding, the text of section 29(4), along with caselaw makes it abundantly clear that such acts are actionable in Indian courts. The Indian counterpart of fair use in trademark law is embodied in Section 30 of the Trade Marks Act, 1999.

Trademark 129

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 129

JIPL Online

MARCH 15, 2021

In 2018, the Satanic Temple sued Netflix for fifty million dollars when Netflix used a sculpture of a goat-headed deity on “The Chilling Adventures of Sabrina.” [9] 13] In 2017, a photographer and copyright owner of images of VHS cassettes asserted that “Stranger Things” used these photos for its Collector’s Edition boxed set. [14]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

IPilogue

DECEMBER 13, 2022

In 1984, Vanity Fair magazine received a licence from photographer Lynn Goldsmith to use her 1981 portrait of Prince, which she had shot on assignment for Newsweek. In determining fair use according to the statute, one of the primary points of contention involved the meaning behind the “purpose and character” of the alleged use.

Art 78

Art Fair Use Intellectual Property Licensing 78

Technology & Marketing Law Blog

MARCH 29, 2023

The picture at issue was taken in 2017, and was registered with the U.S. Copyright Office on July 29, 2017. The CCB in the Final Determination sidesteps that issue, and looks to Prutton’s two defenses: fair use and unclean hands. Fair Use: From my perspective, the fair use analysis is what I’ve been waiting for.

Blogging 105

Blogging Fair Use Copyright Copyright Notice 105

The IPKat

SEPTEMBER 12, 2022

The Rome Court of First Instance, which also considered (and applied) the US doctrine of fair use, eventually dismissed the action. The first instance judgment was also incorrect in considering 'fair use' applicable. Fair use is not a valid defence under Italian/EU law.

Fair Use 40

Fair Use Copyright Infringement Copyright Blogging 40

TorrentFreak

AUGUST 16, 2024

The realm of content protection may yet have an AI savior waiting in the wings, but until a model can accurately determine fair use and conduct complex, error-free investigations, humans retain the upper hand. With piracy close to ubiquitous, work opportunities exist, to put it mildly.

Settlement 120

Settlement Social Media Public Domain Fair Use 120

Erik K Pelton

DECEMBER 20, 2022

which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US. The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. 2017: [link].

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

TorrentFreak

FEBRUARY 15, 2024

Claims that recording amounted to fair use were brushed aside, not least since the service actually recorded everything behind the scenes, contrary to customers’ belief that any recordings played back via the service were unique to them.

Copyright Infringement 123

Copyright Infringement Copyright Fair Use Licensing 123

IP and Legal Filings

JUNE 12, 2023

Since copying was for the purpose of criticism, it amounted to fair dealing and did not constitute infringement of the copyright. Anand case is the ultimate and all-encompassing test for copyright infringements involving films that are similar to original films in order to prove the levels of plagiarism or likeness.

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

Technology & Marketing Law Blog

FEBRUARY 21, 2025

Heldman * Another 512(f) Claim FailsNingbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)Hughes v. Benjamin * How Have Section 512(f) Cases Fared Since 2017? New Destiny Church * Reaction Video Protected By Fair UseHosseinzadeh v. Longarzo * Another 512(f) Case FailsHandshoe v.

Copyright 40

Copyright Cease and Desist Fair Use Intellectual Property 40

BYU Copyright Blog

MAY 10, 2021

As such, the purpose and character factor weigh[ed] in favor of finding fair use."Second, According to the court, the portion used by Eagle Mountain was "undeniably factual." found] that this factor weigh[ed] heavily in favor of finding fair use."Third, The court concluded that, "Bell’s punch did not connect.

Fair Use 52

Fair Use Copyright Copyright Infringement Marketing 52

LexBlog IP

APRIL 6, 2022

On March 25, 2022, the Supreme Court agreed to consider whether Andy Warhol’s “Prince Series” sufficiently transforms Lynn Goldsmith’s 1981 photograph of Prince (the “Photograph”) to qualify for the Copyright Act’s fair use defense.

Fair Use 52

Fair Use Artwork Art Blogging 52

IPilogue

OCTOBER 28, 2021

District Court for the Eastern District of New York ruled that the parodical and satirical use of Fun World’s copyrighted “Ghost Face” mask was permitted under the fair use doctrine. Outside of masks and jewellery, a 2017 U.S. More recently, on September 27, the U.S.

Intellectual Property 115

Intellectual Property Design Designs Copyright 115

Kluwer Copyright Blog

FEBRUARY 13, 2022

Legal scholars from our network completed the survey, which we used to construct the User Rights Database. Sean Flynn and I first introduced the database in white papers in 2017 and 2018 , which focused on the openness of the various copyright exceptions. General Exception, Including Fair use. Personal or Private Uses.

Copyright 98

Copyright Copyright Law Technology Fair Use 98

43(B)log

JULY 25, 2024

This is the Second Circuit, so nominative fair use is just a set of considerations to put into the hopper, and it’s almost impossibly difficult to kick out an infringement claim on a motion to dismiss without something like “clear parody or a total absence of proximity between the marks.”

Trademark Law 59

Trademark Law Trademark False Advertising Law 59

JIPEL Copyright Blog

MARCH 9, 2022

From July 2017 to April 2018, the Art Gallery of Ontario (the “AGO”) staged an exhibition titled “ ReBlink ,” which urged visitors to “[t]ake a second look… with a modern lens:”. For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

Moral Rights 52

Moral Rights Fair Use Art Derivative Work 52

The IPKat

JUNE 26, 2023

Public participation and its consideration by the Committee Between December 2022 and May 2023, the NCOP carried out a large-scale provincial public participation exercise, presenting the Copyright Amendment Bill [B13D-2017] in several locations in all nine provinces.

Copyright 102

Copyright Fair Use Intellectual Property Blogging 102