LexBlog IP

JULY 12, 2023

The new social media platform Threads was launched on July 5, 2023. Although social media activity is largely concentrated on a few major platforms, new networks have continued to pop up and compete for users. Acquiring social media handles that are owned by other people can be difficult (and sometimes expensive).

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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. Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. Cold Steel Inc., 3d at 1177.

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Fair Use False Advertising Social Media Advertising 69

JD Supra Law

JUNE 6, 2023

On May 18, 2023, the U.S. Supreme Court found that the purpose and character of the use of “Orange Prince” by the Andy Warhol Foundation for the Visual Arts (AWF) weighed against a finding of fair use of Lynn Goldsmith’s photograph of the artist known as Prince. By: Pillsbury - Internet & Social Media Law Blog

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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

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.

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43(B)log

APRIL 26, 2023

LLC, 2023 WL 3066119, No. 24, 2023) “This case arises out of alleged misuse of copyrighted images, eventually leading to a dispute … that resulted in false business reviews, malicious e-mails, and mutual efforts to interfere with each other’s business.” The ads used the entire images. I Dig Texas, LLC v. Creager Servs.,

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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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IP Copyright Trademark Intellectual Property 124

TorrentFreak

DECEMBER 7, 2023

Social media platform Facebook also reports huge numbers of takedowns to the EC. Other reasons for content deletion unrelated to copyright, and in some cases seemingly more complicated to determine via automated means, were in abundant supply. Those listed below represent just a small sample.

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Business Reporting Social Media Copyright 125

Kluwer Copyright Blog

OCTOBER 3, 2023

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 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir.

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43(B)log

MAY 19, 2023

2023 WL 2433970, -- F. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” The court also found that the alleged use of the Roblox name was not, as a matter of law, nominative fair use. Roblox Corp. 22-cv-04476-SI (N.D.

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Copying False Advertising Social Media Advertising 94

Technology & Marketing Law Blog

MAY 18, 2023

Today was the 2023 Super Bowl of Internet Law at the U.S. Google cases (as well as decisions in the Warhol copyright fair use case and the Amgen patent enablement case). Supreme Court [FN]. SCOTUS issued two eagerly awaited decisions in the Twitter v. Taamneh and Gonzalez v. Twitter, Inc. Taamneh , No.

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Social Media Law Fair Use Blogging 142

Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. The court held that the photographer, and not the group or other members, held the copyright, so the group’s posting of the photos to social media could infringe.

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Copyright Fair Use Licensing Ownership 124

Technology & Marketing Law Blog

APRIL 3, 2023

During oral arguments at the Supreme Court on March 22, 2023 in Jack Daniel’s Properties, Inc. Professor Farley and I propose a trademark fair use defense that would apply to any informational or expressive use of language or designs claimed by another as a mark in connection with any goods or services.

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Blogging Trademark Fair Use Trademark Law 116

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. You can find the full report here.

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Copyright Ownership Social Media Licensing 135

Technology & Marketing Law Blog

AUGUST 29, 2022

While that is pretty sweet, I will pay for it next year when I teach Internet Law in both Spring and Fall 2023. [FN: 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?

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IP Tech Blog

NOVEMBER 29, 2023

18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked. 1258 (2023) weighed in favor of Netflix. In Cramer v.

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Fair Use Cease and Desist Social Media Art 62

Kluwer Copyright Blog

FEBRUARY 2, 2023

Litigation against generative AI started in 2022 with a class action launched against Copilot , an AI trained to generate computer code using examples from Github. 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.

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Copyright Art Registration Fair Use 145

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. These motions were decided in an opinion issued by District Judge John Koeltl on March 24, 2023. Instead, IA argued that its conduct was protected by fair use.

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LexBlog IP

NOVEMBER 29, 2023

18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked. In Cramer v. Netflix, Inc. ,

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Fair Use Cease and Desist Social Media Art 52

SpicyIP

NOVEMBER 19, 2023

Filo Edtech Inc vs Union Of India & Anr on 16 November, 2023 (Delhi High Court) A Single Judge Bench of the Delhi High Court re-notified the matter for further hearing on November 21. The defendant argued that since the plaintiff’s work was exhibited in public its reproduction will fall under the ambit of fair use.

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Intellectual Property Journalism Patent Application Social Media 59

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. Companies have to obtain permission and execute a license to use copyrighted content for AI training or other purposes, and we’re committed to maintaining these legal principles.”

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Music Copyright Copying Copyright Law 93

Technology & Marketing Law Blog

AUGUST 1, 2023

Instagram, LLC , 2023 WL 4554649 (9th Cir. July 17, 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 question is whether the same is true as a legal matter.) 3d at 1160. 3d at 1168.)

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Blogging Copying Social Media Copyright 98

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.” I’m confused.

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Social Media Copying Fair Use Advertising 59

43(B)log

MAY 22, 2023

2023 WL 3556053, No. May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. Their social media footprints range from several thousand to a few million followers.

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Social Media False Advertising Advertising Advertising 49

SpicyIP

DECEMBER 20, 2023

We stand on the cusp of bidding farewell to 2023 with just 10 days remaining! So, before 2023 turns into yesteryear, let’s see what the past Novembers on SpicyIP (2005 to present) have offered. Although India now has the Digital Personal Data Protection Act 2023 , it doesn’t provide IP protection to databases.

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Personality Rights IP Licensing Copyright 59

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. Let me know your thoughts in the comments below or on your favorite social media platform @copyright lately. Breitbart became the first S.D.N.Y.

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Copyright Art Licensing Social Media 91

43(B)log

JUNE 30, 2023

Eleonora Rosati: EU Parliament wants to get AI Act to finish line in 2023. His view: some recommender systems should be prohibited AI, if social media use is addictive. Samuelson: but they’re demanding control of the input in the US, not the output (unless it is infringing in the conventional sense). What do we do?

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Law Licensing Social Media Copying 60

LexBlog IP

APRIL 13, 2022

26] The defendants denied many of the allegations in the complaint, and asserted several affirmative defenses, including that the NFTs fell under the fair use exception to the Copyright Act. [27] A trial is set to begin February 28, 2023. The parties submitted a joint discovery plan on February 10, 2022.

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Non-Fungible Tokens Social Media Contracts Branding 52

IP and Legal Filings

JANUARY 13, 2023

De minimis in copyright can be used for different reasons such as for fair use analysis, substantial similarity analysis [7] , among its other such uses. 8, 2023, 9:52 PM), [link]. 8, 2023, 9:52 PM), [link]. [5] Viacom 18 Motion Picture & Ors [6]., Conclusion. 2 (Spring 2006), pp. 945-995 (51 pages).

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Copyright Infringement Copyright Copyright Law Journalism 52

Technology & Marketing Law Blog

JULY 12, 2022

For what it’s worth, this year I’ll teach the course in Spring 2023 instead of Fall 2022). e-personation case (an edge case from a different era), and the decade-old social media e-discovery cases (mainstream CivPro by now). Taylor about true threats on social media. Note About Fair Use.

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Editing Law Social Media Privacy 145

Copyright Lately

SEPTEMBER 20, 2024

But don’t call it copyright infringement—at least not in the case of Miley Cyrus’s 2023 smash hit “Flowers,” which is a thinly-veiled rejoinder to the 2013 Bruno Mars song “When I Was Your Man.” As always, let me know what you think in the comments below or @copyrightlately on social media.

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Copyright Music Fair Use Art 117

LexBlog IP

OCTOBER 25, 2023

Dorland counterclaimed for copyright infringement, claiming that Larson’s use of Dorland’s letter was a violation of intellectual property law. The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before. That question recently arose in Sonya Larson v.

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Copyright Social Media Plagiarism Fair Use 52

43(B)log

JULY 21, 2023

2:20-cv-01344-JAD-VCF , |2023 WL 4636917 ( D. 19, 2023) In what seems likely a missed opportunity due to insufficient investment in the defense, the court grants summary judgment against an argument that “Taser” is generic (quick quiz before reading further: what is the generic name for a Taser device?) But is it a nominative fair use?

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False Advertising Advertising Advertising Social Media 52

Technology & Marketing Law Blog

AUGUST 7, 2023

I’m pleased to announce the 2023 edition (14th edition) of my Internet Law casebook, Internet Law: Cases & Materials. Copyright Copyright Basics (Copyright Office Circular 1) Note About Fair Use Cartoon Network v. Social Media People v. All printed versions come with a free PDF on request.] Hamidi (Cal.

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Editing Law Contracts Privacy 52

BYU Copyright Blog

MARCH 17, 2025

In May 2023, Otto and the District filed their final Stipulation of Dismissal , formally settling the long-standing case. Bell's claims centered on social media uses of content from his Winning isn't Normal book. This time, in Bell v.

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SpicyIP

DECEMBER 27, 2024

In its furtherance, India should look to draft policies that aim at increasing transparency and providing protection against unauthorized use of ones persona in the public interest. The rights of third parties, too, need to be protected with respect to fair use covering mime, research/educational advancement, criticism, etc.

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Kluwer Copyright Blog

JANUARY 21, 2025

Is Generative AI Fair Use of Copyright Works? order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? Such uses, they argue, constitute copyright infringement. Here is a quick look back at our 10 most-read posts last year: 1. OpenAI by Mira T.

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