43(B)log

FEBRUARY 18, 2022

Even where permission not legally required, thought was better results due to advances in technology—social media influencing: the advertiser wants customized content. A: History differs a lot—US foundation for ROP was set much earlier. You can cluster fair use cases. Video games: want motion capture.

Fair Use 45

Fair Use Contracts Litigation Copying 45

Technology & Marketing Law Blog

AUGUST 29, 2022

Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws? Blog Posts.

Editing 98

Editing Social Media Blogging Advertising 98

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 88

Fair Use Designs Design Licensing 88

Kluwer Copyright Blog

OCTOBER 3, 2023

In addition, the origin of the data used to train LaMDA ( here ), the language model behind Google Bard, includes the C4 dataset. The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d

Fair Use 137

Fair Use Privacy Copyright Technology 137

Copyright Lately

SEPTEMBER 26, 2022

That order actually topped my list of the 5 Worst Copyright Decisions of 2020 because, by sending the case to a jury, the court effectively ruled that anyone with a tattoo is not in control of the uses to which his or her likeness is put. Implied License and Fair Use Are the Key Remaining Defenses. There’s a lot at stake.

Fair Use 93

Fair Use Licensing Ownership Copying 93

Copyright Lately

SEPTEMBER 8, 2024

Internet Archive (read the opinion here) , the court dealt a decisive blow to the Internet Archive, ruling that its practice of scanning and lending digital copies of books doesn’t qualify as fair use under the Copyright Act. Hit me up in the comments below or @copyrightlately on social media. For research.

Publishing 100

Publishing Copying Fair Use Licensing 100

Technology & Marketing Law Blog

JULY 5, 2021

Some interesting discussion on the use of Google and Twitter to determine genericness: Plaintiffs also offered evidence of Google searches and social media mentions on Twitter to support their position that PRETZEL CRISPS is not generic. (Spoiler: after dozens of pages, the court says it is generic). Stebbins v.

IP 85

IP Social Media Fair Use Branding 85

Copyright Lately

SEPTEMBER 12, 2022

Deadly Doll has applied versions of its artwork to various products, including tops and sweatpants: Deadly Doll’s artwork as reproduced on useful articles. In 2020, photographer Carlos Vila took a picture of Russian model Irina Shayk wearing Deadly Doll sweats that incorporated its “Pin-Up Girl” artwork on the right pant leg.

Copyright 105

Copyright Derivative Work Artwork Fair Use 105

IP Tech Blog

NOVEMBER 29, 2023

As a way to supplement her income, she put on a contest whereby her social media followers would buy gift certificates for future tattoos and would get to vote on one of several funny tattoos that would eventually be tattooed onto the artist’s husband. Netflix moved to dismiss the complaint on, among other grounds, fair use.

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

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. Anthony, 2020 WL 11206863 (N.D. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Registration 132

Registration Fair Use Copyright Designs 132

Copyright Lately

APRIL 3, 2023

The future of “controlled digital lending” is in doubt after a court rules that the Internet Archive’s online library is not protected by fair use. In March 2020, the Covid-19 pandemic closed libraries nationwide and, by IA’s estimate, took 650 million print books out of circulation.

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Fair Use Copying Publishing Copyright 78

Technology & Marketing Law Blog

DECEMBER 11, 2021

In the wake of the 2020 Lukis v. For example, if a third-party poster copies a newspaper article and posts it to their social media page, the court implies that the social media service can never assert Section 230 protection for that article–even if the third-party poster isn’t infringing copyright because of, say, fair use.

Advertising 111

Advertising Advertising Social Media Blogging 111

LexBlog IP

NOVEMBER 29, 2023

As a way to supplement her income, she put on a contest whereby her social media followers would buy gift certificates for future tattoos and would get to vote on one of several funny tattoos that would eventually be tattooed onto the artist’s husband. Netflix moved to dismiss the complaint on, among other grounds, fair use.

Fair Use 52

Fair Use Cease and Desist Social Media Art 52

JIPEL Copyright Blog

MARCH 21, 2022

scene in the past, things seemed to come to a head in November 2020 when Nintendo sent a cease-and-desist letter to the Tournament Organizers (TOs) of the Big House, an upcoming streamed Melee tournament, and subsequently forced them to cancel the event. While Nintendo has waffled on its support for the Smash Bros. Super Smash Bros.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

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. 277 (2020). [iv] 25, 2020), [link] ; [xxi] Adam Hayes, Cost-Benefit Analysis , Investopedia [link] (last visited Mar. iv] Maxwell L.

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Copyright Infringement Copyright Intellectual Property Blogging 98

43(B)log

MAY 2, 2022

In 2020, WGACA added the disclaimer: “WHAT GOES AROUND COMES AROUND IS NOT AN AUTHORIZED RESELLER NOR AFFILIATED WITH ANY [sic] THE BRANDS WE SELL.” WGACA also advertises its products using a combination of its marks and the marks of all of the luxury fashion houses that it sells. Nominative fair use factors: Also for a factfinder.

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False Advertising Advertising Advertising Social Media 59

43(B)log

JUNE 26, 2023

In 2020, as America reckoned with police brutality after the death of George Floyd, the show was taken off the air.” 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. I’m confused. I missed it!”

Social Media 59

Social Media Copying Fair Use Advertising 59

Technology & Marketing Law Blog

AUGUST 1, 2023

In 2020, BuzzFeed “embedded” one of Hunley’s Instagram posts, featuring one of her photos of a Black Lives Matter protest, in its entirety (again, preserving her username, caption, and hashtags). The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use.

Blogging 98

Blogging Copying Social Media Copyright 98

Copyright Lately

DECEMBER 28, 2022

” 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. As I explained in my 2020 worst-of list , this case never should have gone to a jury in the first place. Breitbart became the first S.D.N.Y. Randy Orton / WWE 2K.

Copyright 91

Copyright Art Licensing Social Media 91

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] 1] Rishav Medhi, How gaming mods continue to keep gaming interesting , NerdVolume, (May 3, 2020), [link]. [2] 811 (2020). [33] 20, 2017), [link]. [3] 24, 2018), [link]. [4]

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Derivative Work Cease and Desist Blogging Litigation 59

SpicyIP

DECEMBER 20, 2023

Varsha Jhavar also penned a pertinent post discussing the case filed by the wife of the late Vempati Ravi Shankar, for the unauthorized uploading of his sound recordings on social media. Relatedly, a demand for a separate TDM exception in India was also made in 2020 by a Group of Like-Minded [Indian] IP Teachers.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Technology & Marketing Law Blog

AUGUST 2, 2021

You might also check out (1) my Internet Law course page , which includes 24 years of syllabi and old exams with sample answers, (2) my article on “ Teaching Cyberlaw ,” (3) my blog post on teaching Internet Law as an online-only course , and (4) my Canvas modules for the 2020 online-only course. Note About Fair Use.

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Editing Law Privacy Contracts 145

Copyright Lately

SEPTEMBER 20, 2024

While Mars isn’t named as a plaintiff, Tempo Music—a private equity-backed fund that in 2020 bought a portion of the rights to “When I Was Your Man” from one of its co-writers—wants damages and an injunction to block further distribution of “Flowers.” Let’s break down the alleged similarities, starting with the lyrics.

Copyright 117

Copyright Music Fair Use Art 117

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. , CBS’ use of her photo almost certainly qualifies as fair use, if she even owns the copyright in the first place.

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

IP and Legal Filings

SEPTEMBER 30, 2022

In addition to supporting gaming and social media, the Metaverse combines sectors of the economy, digital identity, decentralized democratic accountability, and other applications. The Metaverse is a concept first introduced by Neal Stephenson in his science-fiction novel Snow Crash.

Trademark 52

Trademark Ownership Branding Brands 52

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function.

IP 94

IP Trademark Advertising Advertising 94

Copyright Lately

NOVEMBER 24, 2024

As I’ve written before , Miley Cyrus’s “Flowers”—a textbook example of an “answer song” in response to “When I Was Your Man”—almost certainly qualifies as a fair use of Bruno Mars’s original. In 2020’s Tresóna Multimedia, LLC v. At least, that’s my take.

Copyright 98

Copyright Music Ownership Licensing 98

The IPKat

JULY 7, 2024

case concerning the creation and dissemination of a meme on social media saw the Court of Appeals clarify that “the fact that everyone else is doing it is not a particularly compelling justification” for the fair use doctrine under 17 U.S.C. § Now, adding one more nail to the coffin of the #SaveOurMemes movement, a U.S.

Fair Use 75

Fair Use Social Media Privacy Copyright 75

Copyright Lately

DECEMBER 12, 2022

” The Court held that 2 Live Crew’s version qualified as a non-infringing fair use because it was a parody that sufficiently transformed the Orbison original. On March 8, 1994, The New York Times reported 2 Live Crew’s Supreme Court fair use victory. Lil’ Joe Makes a Deal.

Copyright 111

Copyright Music Fair Use Social Media 111

Technology & Marketing Law Blog

JUNE 21, 2023

While the Court did not disapprove of application of the Rogers test, it also did not approve of use of this speech-protective test (unlike the Congressional members of the House Judiciary Committee: see the “Balancing First Amendment concerns” section of the legislative history for the Trademark Modernization Act of 2020 ).

Trademark 105

Trademark Blogging Trademark Law Fair Use 105

Copyright Lately

MARCH 6, 2023

Coakley’s Certificate of Engagement (from court files) Allegations of On-Set Misconduct Emerge Runt premiered at the Mammoth Film Festival in February 2020 , where the film took home the festival’s Audience Award for Best Feature Film. The Sixth Circuit ruled in Balsley’s favor, rejecting Hustler ‘s fair use defense.

Copyright 87

Copyright Derivative Work Fair Use Social Media 87

TorrentFreak

SEPTEMBER 18, 2023

Musician Eddy Grant filed a complaint against Trump in 2020 and three years later there’s little positivity to report for anyone involved. Use Was Not Fair In October 2021, U.S. District Judge John Koeltl said each of the fair use factors weighed in favor of Grant.

Fair Use 125

Fair Use Copyright Registration Music 125

LexBlog IP

APRIL 20, 2022

As described here in a previous post: The United States Court of Appeals for the Second Circuit rejected an artistic intent or purpose test for fair use on March 26, 2021, in The Andy Warhol Foundation v. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. 2020-2205, slip op.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52

TorrentFreak

SEPTEMBER 15, 2024

As Donald Trump used every available resource to ensure his tenancy at the most recognizable house in the United States was extended, some social media platforms had adopted an unorthodox approach to his accounts. Or even negotiating the terms of the settlement Grant offered in August 2020 before filing the lawsuit.

Fair Use 104

Fair Use Cease and Desist Social Media Copyright Infringement 104

Copyright Lately

SEPTEMBER 13, 2024

Trump’s fair use argument fails as the musician wins a copyright battle over the unlicensed use of “Electric Avenue” in a viral video from the 2020 campaign. Second, he rejected Trump’s fair use defense as a matter of law. The court’s ruling is below.

Fair Use 135

Fair Use Copyright Cease and Desist Music 135

Copyright Lately

OCTOBER 23, 2023

I previously wrote about this lawsuit three years ago when musician Eddy Grant first sued Trump over the unauthorized use of his 1983 hit “ Electric Avenue ” in a 2020 campaign video created by a third party, which was then posted by the former president on his personal Twitter account.

Copyright 104

Copyright Fair Use Music Social Media 104

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.

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Law Social Media Privacy Government 145