SpicyIP

MAY 2, 2022

Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? In response the Defendant claimed, “ fair use” and “ de minimis” use.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

LexBlog IP

MAY 18, 2023

The issue of whether training an AI tool on existing copyright-protected works constitutes infringement or is fair use is currently being litigated in a number of cases. ” The Fake Drake AI songs were not being used to sell products.

Music 40

Music Fair Use Copyright Copyright Law 40

Technology & Marketing Law Blog

OCTOBER 19, 2021

As a result, the legal issues rarely are litigated any more. * * *. The court approaches this case like it’s an adware case, but the court never once uses the term. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like?

Licensing 90

Licensing Copyright Contracts Advertising 90

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Does it work differently in the US where there is a separate ROP? When, how and why would you seek permission to use persona.

Fair Use 57

Fair Use Contracts Litigation Copying 57

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

43(B)log

FEBRUARY 24, 2023

New facts: Many doctrinal foundations—comparative advertising, LOC where market structure and expectations of consumer behavior have changed. Jake Linford: First Amendment Lochnerism—used as a deregulatory move can happen on a number of different fronts. Sheff: Ds often don’t use them, and at least they’re relatively formalized now.

Trademark 48

Trademark Branding Brands Branding 48

43(B)log

AUGUST 11, 2022

The upside-down free riding story is just as hard to tell in litigation as the mosaic of exceptions and limitations that we already struggle to tell. Comparative advertising is another example of free riding that is actually a very good idea. Rosenblatt: The big guys will likely have done more free riding [e.g.,

IP 70

IP Copying Marketing Marketing 70

43(B)log

JUNE 30, 2023

Answer: may need to be litigated. Keller: advertisers will also say they don’t want their content next to spam, porn, etc. YT agreed not to consider fair use in content takedowns from a major movie studio—a concession that affected other users. [If you need an invitation to provide content, how do you count that?

Law 40

Law Licensing Reporting Litigation 40

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 3, 2024

Allowed producers to control coffee machines by putting software in them; can prevent use, resale, using unsupported coffee. voluntariness seems like a problem here] Doing this without privity means that even if it could all be done w/contract, 1201 goes beyond what contract could have done.

Privacy 57

Privacy Fair Use Fanworks Government 57

LexBlog IP

JANUARY 10, 2024

Those snippets seem arguably suggestive of an intent to use the former President’s input generously, perhaps more generously than fair use might otherwise allow, and in a manner often unvarnished or unprocessed to the point of being an author’s, or an author-like, contribution. ” Trump Responding Brief at 5.

Ownership 52

Ownership Copyright Government Intellectual Property 52

Technology & Marketing Law Blog

JANUARY 24, 2023

And if Musk ever flips any of Twitter’s long-standing legal or policy positions in litigation or lobbying, he could truly melt down the industry. So what do we make of the earlier rulings that suggested hiQ had a legally protected right to scrape? ¯_(ツ)_/¯ CCB Launches We have a new venue for copyright litigation.

Law 115

Law Social Media Government Privacy 115