Technology & Marketing Law Blog

DECEMBER 5, 2022

Case Citation : Digital Marketing Advisors v. Heldman. * Another 512(f) Claim Fails–Ningbo 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? Weiner. * Fair Use – It’s the Law (for what it’s worth)–Lenz v.

Marketing 85

Marketing Marketing Cease and Desist Fair Use 85

Technology & Marketing Law Blog

AUGUST 8, 2021

Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use. The Crony graphic also doesn’t qualify for fair use: Nature of Use. ” Market Effect. ” Amount Taken.

Fair Use 135

Fair Use Television Cease and Desist Copyright 135

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 Design Designs 119

LexBlog IP

MAY 3, 2022

He markets the books through online retailers and his own website. 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.

Fair Use 52

Fair Use Social Media Copyright Marketing 52

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

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

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 107

Fair Use Social Media Copyright Copyright Infringement 107

IPilogue

APRIL 12, 2022

In 2017, AmoGood was involved in the first Chinese legal action against movie recap producers. The market for this content has continued to grow, with an increasing number of creators uploading videos to YouTube and various video platforms. G Movie began producing movie recaps in 2017 and has 1.84 Autoai Design Co.,

Intellectual Property Law 119

Intellectual Property Law Television Copyright Infringement Fair Use 119

Technology & Marketing Law Blog

MARCH 15, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo 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 Use–Hosseinzadeh v. Federici. * Biosafe-One v.

Copyright 134

Copyright Fair Use Cease and Desist Litigation 134

Technology & Marketing Law Blog

JUNE 8, 2024

We usually get ours at the local farmers market.] CV H-17-1068, 2017 WL 2957912, at *8 (S.D. July 11, 2017) (holding that “the mere purchase of AdWords alone, without directing a consumer to a potentially confusing web page, is not sufficient for a claim of trademark infringement,” citing Mary Kay, 601 F. ” Say what?

Trademark 129

Trademark Advertising Advertising False Advertising 129

Technology & Marketing Law Blog

MARCH 6, 2022

“Plaintiff’s takedown letters and supporting document establish facially plausible claims of infringement, and Babybus does not allege a plausible basis for a fair use defense.” Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use 111

Fair Use Cease and Desist Copying Copyright Infringement 111

Copyright Lately

APRIL 19, 2022

Over the past quarter-century, transformative use has become shorthand for fair use itself. When I first heard that the Supreme Court had agreed to take up the fair use fight over Andy Warhol’s “Prince Series,” my first reaction was “Oh wow.”. Fair use is supposed to be about balance and flexibility.

Fair Use 82

Fair Use Art Copyright Derivative Work 82

Technology & Marketing Law Blog

AUGUST 18, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo 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 Use–Hosseinzadeh v. Federici. * Biosafe-One v.

Fair Use 122

Fair Use Cease and Desist Copyright Blogging 122

Technology & Marketing Law Blog

SEPTEMBER 15, 2024

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Heldman * Another 512(f) Claim Fails–Ningbo 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? Federici * Biosafe-One v.

Fair Use 105

Fair Use Cease and Desist Ownership Licensing 105

Technology & Marketing Law Blog

DECEMBER 15, 2021

The court also credits the self-serving claim by the successor licensee that it considered fair use by comparing the works and evaluating if the works were being sold commercially or for other purposes. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? in damages stemming from Defendants’ violations of the DMCA.

Registration 132

Registration Fair Use Copyright Design 132

Technology & Marketing Law Blog

APRIL 29, 2023

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Heldman * Another 512(f) Claim Fails–Ningbo 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? Federici * Biosafe-One v.

Fair Use 105

Fair Use Cease and Desist Copyright Trademark 105

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

Technology & Marketing Law Blog

OCTOBER 4, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo 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 Use–Hosseinzadeh v. Federici. * Biosafe-One v.

Cease and Desist 96

Cease and Desist Fair Use Copyright Blogging 96

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use 111

Fair Use Cease and Desist Contracts Ownership 111

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. ”). 110-111). 4th 1149 (9th Cir. 3d 723, 743 (9th Cir. Church of God, Inc.,

Fair Use 137

Fair Use Privacy Copyright Technology 137

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

LexBlog IP

APRIL 18, 2022

Supreme Court recently granted a petition for writ of certiorari (docket, here ) to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. The district court granted summary judgment in the Foundation’s favor, holding that Warhol’s work constituted fair use.

Fair Use 40

Fair Use Copyright Art Copyright Law 40

Technology & Marketing Law Blog

FEBRUARY 21, 2025

Maritas * 512(f) Plaintiff Must Pay $91k to the DefenseDigital Marketing v. 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? Another 512(f) Claim FailsBored Ape Yacht Club v.

Copyright 40

Copyright Cease and Desist Fair Use Intellectual Property 40

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

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 117

Settlement Social Media Public Domain Fair Use 117

TorrentFreak

FEBRUARY 15, 2024

Given the ongoing shift in the TV market away from terrestrial and satellite delivery in favor of IP-based services, cloud recording services are no longer the big deal they once were. When TVkaista launched in Finland way back in 2007, storing video in the cloud certainly wasn’t taken for granted as it is now.

Copyright Infringement 120

Copyright Infringement Copyright Fair Use Licensing 120

Technology & Marketing Law Blog

AUGUST 16, 2023

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Heldman * Another 512(f) Claim Fails–Ningbo 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? Federici * Biosafe-One v.

Ownership 75

Ownership Cease and Desist Fair Use Copyright 75

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

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Heldman * Another 512(f) Claim Fails–Ningbo 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? Federici * Biosafe-One v.

Fair Use 75

Fair Use Cease and Desist Copyright Ownership 75

BYU Copyright Blog

MAY 10, 2021

its opinion and order, the court used an extended comparison to a boxing match to explore each of the four factors to determine whether or not the tweet was fair use.As In this case, the court first considered the purpose and character of the use. As such, the purpose and character factor weigh[ed] in favor of finding fair use."Second,

Fair Use 52

Fair Use Copyright Copyright Infringement Marketing 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. It appears in the U.S.,

Intellectual Property 115

Intellectual Property Design Designs Copyright 115

Technology & Marketing Law Blog

DECEMBER 11, 2023

218 (2017); Iancu v. The Vans decision highlights the constrains the Jack Daniel’s decision has placed on fair use arguments in trademark disputes. The post Hot Take on the Wavy Baby Decision (Guest Blog Post) appeared first on Technology & Marketing Law Blog. at 156 (citation omitted)”). Tam , 582 U.S. 2294 (2019).

Blogging 130

Blogging Trademark Branding Branding 130

LexBlog IP

MAY 31, 2023

The Court held that the first factor of the copyright fair use test favored respondent photographer, Lynn Goldsmith, rather than petitioner, Andy Warhol Foundation for the Visual Arts (“AWF”). In response, AWF sued Goldsmith, seeking a declaratory judgment of non-infringement, or alternatively, fair use.

Fair Use 52

Fair Use Licensing Copyright Editing 52

JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. ix] Just a brief glimpse at a meme can demonstrate just how little copyright protected material is used. [x] 29, 2013), [link]. [ii]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

JUNE 9, 2022

The Guidance further states that measures deployed by OCSSPs must follow “high industry standards of professional diligence”, to be assessed especially against “available industry practices on the market” at the time, including technological solutions. In the light of the CJEU’s judgment, questions like these remain open.

Technology 96

Technology Marketing Marketing Copyright 96

Kluwer Copyright Blog

MAY 1, 2023

In doing so, it amended Law 2121/1993 , the Greek Copyright Law, as well as Law 4481/2017 , the law that regulates the collective management of copyright and related rights. The licenses may cover all the same uses covered by the limitation.

Licensing 98

Licensing Publishing Related Rights Law 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