Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. This left only the fair use defense remaining for the jury.

Fair Use 90

Fair Use Designs Design Licensing 90

Velocity of Content

SEPTEMBER 9, 2021

In this post, I’m looking at the vast domain of the YouTube video & social media platform —which, lest we forget, is a major division of Google/Alphabet — and how its copyright aspect manifests in options for individual contributors (“YouTubers,” in the jargon). But what it isn’t is a substitute for a copyright registration. (It

Copyright 113

Copyright Social Media Licensing Publishing 113

Copyright Lately

AUGUST 2, 2021

With his decision, Rakoff became the second SDNY judge to reject the server test, joining a view shared by then-judge Katherine Forrest in 2018’s Goldman v. The most obvious potential legal defenses, other than fair use, include reliance on an express or implied license. Breitbart News Network.

Copying 100

Copying Copyright Technology Licensing 100

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:”. The resulting loss in revenue has had dire consequences on museums’ purse strings and ability to maintain quality in their programming.

Moral Rights 52

Moral Rights Art Fair Use Derivative Work 52

Technology & Marketing Law Blog

AUGUST 1, 2023

In other words, the gist of the case is whether the photographers surrender their right to exclude others by voluntarily posting their own photos to social media. The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use. 3d at 1160.

Blogging 98

Blogging Copying Social Media Copyright 98

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. Miceli, Law and Economics: Private and Public 23 (West Academic Publishing 2018). [v] 277 (2020). [iv] iv] Maxwell L. Stearns, Todd J.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

43(B)log

MAY 22, 2023

Appellants, current and former professional models, appealed their summary judgment loss on a variety of claims arising from the use of their images in social media posts promoting a “gentlemen’s club” operated by EIE. Their social media footprints range from several thousand to a few million followers.

False Advertising 49

False Advertising Social Media Advertising Advertising 49

IP and Legal Filings

APRIL 19, 2022

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957. Nakul Bajaj (2018).

Copyright Law 97

Copyright Law Copyright Law Copyright Infringement 97

Copyright Lately

DECEMBER 28, 2022

In 2018, when Goldman v. ” But in McGucken , the court denied summary judgment, not only as to the server test, but on Newsweek’s implied license and fair use defenses too. Let me know your thoughts in the comments below or on your favorite social media platform @copyright lately. Newsweek LLC.

Copyright 93

Copyright Art Licensing Social Media 93

JIPL Online

NOVEMBER 1, 2021

19] After classifying the mod as derivative, the court rejected other protections such as fair use doctrine as defenses to the paid mod. [20] 24, 2018), [link]. [4] 18, 2018), [link]. [8] 24, 2018), [link]. [4] 18, 2018), [link]. [8] Explaining how individual donation links used to provide minimal income).

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

Technology & Marketing Law Blog

DECEMBER 15, 2021

The wranglings caused the registrant’s sticker to be removed from Amazon for a total of 44 days in 2018 across several different incidents. Before November 19, 2018, the previous takedown notices to Amazon didn’t violate 512(f) because the successor licensee didn’t have the requisite bad intent.

Registration 132

Registration Fair Use Copyright Designs 132

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

MAY 21, 2021

The man in the photo, whom Dolezal previously identified as “my dad” in social media posts, was later revealed to be Albert Wilkerson Jr. , Based on my quick review of Copyright Office records, it appears that Dolezal has actually registered dozens of photographs of herself, beginning in 2018.

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

43(B)log

JUNE 26, 2023

Media critics allegedly readily observed that the new show was “a clone of A&E’s Live PD,” and that “On Patrol: Live is Live PD.” Fan reactions on social media included “Ok. Query: what percentage of social media comments about On Patrol: Live does this represent? I’m confused. Is Live PD back on the air?

Social Media 59

Social Media Copying Fair Use Advertising 59

LexBlog IP

OCTOBER 25, 2023

As the District Court noted: When Dorland read an online version of The Kindest in 2018, she noted the similarities between her letter and the letter in the story. They also resulted in the Boston Book Festival cancelling its annual One City, One Story event, which had planned to feature The Kindest in 2018. ” Id.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

SpicyIP

DECEMBER 30, 2023

The dispute arose because Oppo did not pay royalties to Nokia for using its SEPs after the expiration of their agreement in 2018 and went on to sell their handsets using Nokia’s SEPs in India. Union of India clarified that writ petitions challenging an IPAB order should be filed before a Single Judge Bench of the High Court.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

JANUARY 27, 2022

First, governments can never successfully operate a social media service. Of course, mobs, riots, rebellions, pogroms, lynchings, and other coordinated killings have taken place throughout human history, well before social media existed. social media has played an outsized role in finding and prosecuting the insurrection.

Social Media 145

Social Media Law Privacy Government 145

Copyright Lately

MARCH 6, 2023

There’s a fair amount to unpack here, so let’s start with the facts, which I’ve compiled from my review of court files in both New York and California. In September 2021, Coakley issued his “Director’s Statement” on social media to coincide with Runt ‘s official release. LFP , Inc. ,

Copyright 89

Copyright Derivative Work Fair Use Social Media 89

Technology & Marketing Law Blog

JANUARY 24, 2023

On the heels of the mandatory editorial transparency provisions in Florida and Texas’ social media censorship laws, the California legislature thought it could one-up those states by passing a law with at least 161 different disclosure requirements. The opinion upheld every aspect of Texas’ social media censorship law.

Law 122

Law Social Media Government Privacy 122