Copyright Lately

FEBRUARY 17, 2025

Goldsmith in the days following the Supreme Courts 2023 landmark fair use decision. A copy of something in the public domain can’t support a copyright unless it contains a distinguishable variation that reflects independent creativity. And independent creation simply means you created it yourself, without copying.

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Technology & Marketing Law Blog

DECEMBER 27, 2023

Grande Communications Networks, LLC, 2023 WL 1422808 (W.D. Jan 31, 2023). 11, 2023): Time and again we have declared that “prevailing defendants in copyright cases are presumptively entitled (and strongly so) to recover attorney fees.” Hoffmann Air Conditioning and Heating, LLC, 2023 WL 2681994 (E.D. March 29, 2023).

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The IPKat

DECEMBER 28, 2023

Readers are reminded that they can vote for their favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! This can be a link to your work profile, LinkedIn or other social media page. Votes must be made via email before 15th January 2024 as per the instructions below.

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LexBlog IP

AUGUST 17, 2023

On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v. This ultimately means that when a copy of an image is not stored on a computer’s servers but merely “embedded” onto a website, search engine, etc., the website displaying that copyrighted image cannot be held liable for infringement.

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Copyright Lately

OCTOBER 20, 2024

The judge did side with the airline on its copyright infringement claim, ruling that Skiplagged had used American’s flight symbol logo without permission as recently as August 2023. Let me know in the comments below or @copyrightlately on social media. As always, I’d love to hear what you think.

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TorrentFreak

FEBRUARY 20, 2024

After this initial disclosure in March last year, no new information surfaced in 2023. However, a recent court filing shows that the movie companies, including Voltage Holdings and Millennium Media, actively tried to track down the commenter. — A copy of the movie companies’ motion to compel, submitted at the U.S.

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SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

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LexBlog IP

JUNE 26, 2023

. (“JSC”) against Trendily Furniture, LLC, Trendily Home Collection, and Raul Malhotra (collectively, “Trendily”) finding Trendily liable for trade dress infringement for willfully copying, manufacturing, and selling identical JSC furniture pieces.

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TorrentFreak

JANUARY 31, 2024

In common with previous years, the 2023 edition published Tuesday highlights “prominent and illustrative” examples of mainly online sites and services that either engage directly in piracy, facilitate it, or simply turn a blind eye to infringement while enjoying the benefits. media, and cuevana3.nu) government.

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TorrentFreak

DECEMBER 7, 2023

Your video has been removed from YouTube for a Terms of Service violation because it is a copy of another video that was previously removed from YouTube due to a copyright removal request that we received. Social media platform Facebook also reports huge numbers of takedowns to the EC.

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TorrentFreak

OCTOBER 7, 2023

User access requests, which allow users to ask for a copy of their account information, skyrocketed in the first half of 2023. The number of access requests increased from 11,321 during the last six months of 2022, to 144,306 in the first six months of 2023. According to Reddit, much of that 1169.3%

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Copyright Copyright Infringement Fair Use Reporting 128

TorrentFreak

NOVEMBER 4, 2023

In April 2023, India’s Union Cabinet gave the bill a green light and during July it was passed by both Houses of Parliament. In a statement on Friday, officials mentioned YouTube and Telegram directly but there seems no obvious barrier to content being taken down from any social media or video hosting platform.

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Technology & Marketing Law Blog

JUNE 27, 2023

Copying-in-Fact. If a plaintiff can’t show mechanical copying through direct evidence, it can establish copying inferentially by showing that the defendant had access to the copyrighted work and that it’s improbable the works’ similarities were due to the defendant’s independent creation. VINDICATED!!!

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TorrentFreak

JANUARY 23, 2024

Cognosphere obtains the latter to compel online platforms, typically social media companies, to hand over whatever information they hold on alleged infringers. The DMCA subpoena was issued on November 7, 2023. to hand over the information detailed below by November 22, 2023. On November 21, 2023, one day before X Corp.

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Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

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Copyright Lately

JUNE 12, 2024

Jukebox Manatee creator Daniel Kassel filed a lawsuit in 2023 claiming that Comedy Central , production company Cartuna and Saturday Night Live alum Bobby Moynihan copied these elements to create their own talking manatee program, the adult animated series Loafy. Let me know in the comments below or @copyrightlately on social media.

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Technology & Marketing Law Blog

MAY 13, 2024

— Bright Data has long sold the data of all the major social media companies. In November 2023, X corp. As I wrote back in December, scraping claims are almost always about unwanted copying and distribution of data. Recently, Bright Data had its motion to dismiss granted against X Corp. on all counts. May 9, 2024).

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SpicyIP

MAY 24, 2023

Interactions through email and social media denote digitalisation of interactions. National Mission on Quantum Technologies and Applications (NM-QTA) On 19 April 2023 , the Union Cabinet sanctioned 6000 croress for the time period 2023-24 to 2030-31. Digitalisation can be defined at various levels.

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Kluwer Copyright Blog

OCTOBER 3, 2023

2000) (“ copying an entire work militates against a finding of fair use. ”). To create its product, Clearview scraped billions of publicly available photos from websites and social media platforms. 3d 723, 743 (9th Cir. 2019); Worldwide Church of God vs Phila. Church of God, Inc., 3d 110, 1118 (9th Cir.

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The TTABlog

JANUARY 9, 2023

The record also included use of the phrase other than in connection with goods included in the subject application: for example, media articles, social media posts, and podcasts. And why does Skirill's have to prove that the third-parties copied its mark? Welch 2023. Text Copyright John L.

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Copyright Lately

JULY 8, 2023

2023 is shaping up to be a year of crappy IP lawsuits. As Judge Learned Hand once wrote , “Obviously, no principle can be stated as to when an imitator has gone beyond copying the ‘idea,’ and has borrowed its ‘expression.’ Let me know in the comments below or @copyrightately on social media.

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TorrentFreak

JULY 12, 2023

PornEZ Doing Business in the United States On January 18, 2023, MG Premium, the adult entertainment giant behind brands including Reality Kings, Brazzers, MOFOS, Babes.com, and Twistys, filed a copyright complaint at a California federal court. social media platforms did so via U.S.-based Building on the site’s U.S.

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Social Media Copyright Infringement Copyright Business 98

TorrentFreak

MARCH 4, 2024

“Cloudflare did not disable the gateway URLs in Plaintiffs’ notice, prompting Plaintiffs to send additional notices in September 2023 and January 2024, on which Cloudflare still has not acted, resulting in Libgen users’ continued ability to access the infringing URLs,” the publishers write.

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TorrentFreak

AUGUST 5, 2024

If rightsholders didn’t get everything they asked for when Italy passed tough new anti-piracy legislation in 2023, they still received more than the majority of their counterparts have elsewhere in the EU. Harsher penalties for both providers of pirated content and those who consume, including fines for simply watching a pirate stream.

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IP and Legal Filings

JANUARY 22, 2023

The Plaintiff’s website, www.raleigh.co.uk, which was registered in 1998, as well as different social media platforms like Facebook, Telegram, LinkedIn, Twitter, YouTube, etc., and Rocket Cycles Private Limited, however, were given until November 15, 2023, by the top court, to dispose of their existing shares.

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Trademark Registering Trademarks Social Media Business 98

Kluwer Copyright Blog

FEBRUARY 2, 2023

It ramped up further in the first weeks of 2023 with a UK action by Getty Images against Stability AI and a class action against Stability AI and others in the US. A journalist used Midjourney to illustrate an article in The Atlantic and was attacked on social media for not hiring an illustrator.

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Copyright Lately

MAY 1, 2023

billion in the first quarter of 2023 , largely driven by successful releases from Morgan Wallen, Taylor Swift, and the aforementioned Drake. The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model.

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43(B)log

MARCH 10, 2023

2023 WL 2372059, No. 14, 2023) Plaintiffs sued defendants for state and federal trademark infringement and related claims. World Axe Throwing League, Inc. Cold Steel Inc., 2:20−cv−11407 JAK (Ex) (C.D. Thus, a reasonably prudent consumer could be confused, and another putative defense dies as it is reduced merely to confusion.

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Copyright Lately

MAY 22, 2023

For the majority, what was important was that “[b]oth Goldsmith and AWF sold images of Prince (AWF’s copying Goldsmith’s) to magazines to illustrate stories about the celebrity, which is the typical use made of Goldsmith’s photographs.” “[T]he first fair use factor. “[T]he first fair use factor.

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BYU Copyright Blog

JUNE 3, 2024

Boyages states that she was an employee of the Athletic Department at the University of Vermont when she was invited to be part of a new brand working group in January 2023. They allegedly copied, reproduced, displayed, and published it on social media, clothing, sports equipment, and wall signage in the Universitys facilities.

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Copyright Lately

APRIL 3, 2023

book publishers, rejecting the Internet Archive’s argument that its practice of scanning and lending digital copies of books qualifies as fair use under the Copyright Act. When the electronic version is “checked out,” the physical copy is taken out of circulation. ” What is Controlled Digital Lending?

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Copyright Lately

JUNE 15, 2023

“Safaera” allegedly “copies elements of the Fish Market drum and bass patterns throughout most of the work.” You can leave comments below or at @copyrightlately on social media. ” In addition to Bad Bunny, most of the other defendants named in the lawsuit also filed motions to dismiss today.

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43(B)log

APRIL 18, 2023

2023 WL 2918724, No. 12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. Plus, they hadn’t removed existing false advertising from their social media accounts. Monster Energy Co.

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SpicyIP

FEBRUARY 12, 2024

Other Posts A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’ image from here Do you enjoy your whiskey? Plausibility’ and Admissibility of Post-Published Data in India In May 2023, the UK Court of Appeal upheld the invalidity of Bristol-Myers Squibb’s Apaxiban patent for lacking “plausibility”.

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BYU Copyright Blog

APRIL 22, 2024

You Can't Claw Back an Expired Claim April 22, 09:20 AM April 22, 09:21 AM On December 10, 2023, John Price (Price), a resident of Moody, Texas, filed a lawsuit against Moody Independent School District (the District), Bearcat Athletic Booster Club (BABC), and Andrew Miller (Miller).

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43(B)log

JUNE 26, 2023

Big Fish Entertainment, LLC, 2023 WL 4053871, No. 16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. 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.”

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Social Media Copying Fair Use Advertising 59

BYU Copyright Blog

MAY 1, 2023

On April 10, 2023, Marenem Inc. According to the Complaint, Katherine is featured at many educational conferences as a keynote speaker and has a large following of almost 100,000 via her blog and other social media platforms where she shares her findings. However, the school district allegedly refused to answer them.

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