IPilogue

SEPTEMBER 29, 2021

The legal question at the center of the dispute is whether Warhol’s series is fair use of Goldsmith’s original photograph. A permissible derivative creation, or fair use, requires transformative changes made to the original. The Warhol Foundation plans to appeal the ruling, according to an Artnet News report.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

Copyright Lately

SEPTEMBER 12, 2022

In the alternative, Vila asserted that his reproduction of Deadly Doll’s copyrighted work in connection with the photograph of Shayk was protected by the fair use doctrine. To be safe, the seller should make sure to take its own photos of the product, as opposed to using images owned by the manufacturer.) 17 U.S.C. §

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

Technology & Marketing Law Blog

MAY 30, 2022

The Rusty Krab court expands upon these points in its subsequent section detailing findings of law, but its discussion is fairly conclusory, mainly comprising maxims about what a parody is and isn’t rather than specific discussion of the defendants’ use and why it fails to qualify.

Blogging 93

Blogging Social Media Television Fair Use 93

TorrentFreak

NOVEMBER 18, 2021

In the summer we reported on an unusual situation in Japan where copyright holders felt that the rise of so-called ‘fast movies’ represented a threat to their business. ‘Fast movies’ are essentially heavily edited copies of feature-length films that tell the entire story in just a few minutes.

Editing 129

Editing Copyright Copyright Infringement Fair Use 129

Copyright Lately

MAY 1, 2023

” On April 26, UMG held an earnings call in which it reported that revenues rose 11.5% It’s a new issue and there’s been some fresh reporting on it with some recent developments. It isn’t human-readable and does not contain copies of any audio recordings. year over year to $2.71

Music 84

Music Copyright Copying Copyright Law 84

SpicyIP

MAY 2, 2022

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. Without prejudice, the Defendant also contended de-minimis use as the use was of a clip lasting less than a minute.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

SpicyIP

OCTOBER 27, 2023

Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement. This violates copyright laws and may lead to legal actions for copyright infringement.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

TorrentFreak

MAY 15, 2023

The popular video platform has become an important promotional channel that brings in billions of dollars of advertising revenue every year. Millions of people use so-called stream-ripping websites to download music tracks from YouTube, without permission. . The success story has a downside, however.

Copyright 131

Copyright Music Technology Fair Use 131

Technology & Marketing Law Blog

DECEMBER 11, 2021

As another example, when the search results provide the records associated with Mr. Abraham, “adjacent to the list of records containing [his] name, photograph, and likeness” is an advertisement promoting the subscription membership. Section 230. ” (Tautology alert). FWIW, I raised this issue as a possible paper topic in 2008.

Advertising 92

Advertising Advertising Social Media Blogging 92

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Registration 113

Registration Fair Use Copyright Designs 113

43(B)log

AUGUST 26, 2022

24, 2022) This seems like a silly result to me, shifting the burden to comparative advertisers, but it's often much harder to get summary judgment in a trademark case than in comparable cases. PennEngineering claims a PEM family of marks and sued Peninsula for trademark infringement, counterfeiting, false advertising, and unfair competition.

False Advertising 57

False Advertising Advertising Advertising Trademark 57

Kluwer Copyright Blog

APRIL 25, 2023

Photo by Artur Shamsutdinov on Unsplash This is a two-part post summarising the authors’ findings from the report on Copyright Infringement in the Video Game Industry which was prepared by the authors for the World Intellectual Property Organization.

Copyright 55

Copyright Copyright Infringement Fair Use Intellectual Property 55

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. Information Technology Act,2000.

Copyright Law 74

Copyright Law Copyright Law Copyright Infringement 74

43(B)log

FEBRUARY 18, 2022

Does it work differently in the US where there is a separate ROP? When, how and why would you seek permission to use persona. Industries: advertising, merchandising, movies/TV, and video games. A: History differs a lot—US foundation for ROP was set much earlier. You can cluster fair use cases.

Fair Use 57

Fair Use Contracts Litigation Copying 57

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. Put differently, is it fair for corporations to have their cake and eat it too? 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat?

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

43(B)log

FEBRUARY 18, 2022

But Consumer Reports and other forced reports have a bell curve distribution. Traditional advertising can change firsthand consumer impressions, both pre and post experience—telling consumers coffee isn’t bitter makes their impressions of bitterness change, etc. Doesn’t descriptive fair use preserve the primary meaning already?

Copyright 67

Copyright Business Branding Brands 67

43(B)log

AUGUST 12, 2021

Did a full replication study b/c didn’t have access to Liu’s data on reported cases (506); we found 86 using that methodology, 29% of which cited eBay. It wasn’t really based on reported cases, but unreported cases that were available on WL and Lexis. Jennifer Rothman: the disallowed use is most likely to be fair use.

IP 89

IP Licensing Law Reporting 89

TorrentFreak

DECEMBER 7, 2023

Back in August we reported how Google had received requests to remove one billion allegedly-infringing links from its search results. A few days before we published that report, Google had just processed its seven billionth removal request, having reached six billion less than a year earlier. But that’s only the beginning.

Business 99

Business Reporting Social Media Copyright 99

43(B)log

SEPTEMBER 7, 2023

15, 2023) This is a copyright suit against Gannett for advertising-like use of a photo taken by Campbell of NFL coach Katie Sowers; the photo came from a screenshot of an ad run by Microsoft that played during the Super Bowl. Gannett did not use the screenshot of the Sowers photo on Ad Meter, but instead on webpages promoting Ad Meter.

Advertising 57

Advertising Advertising Copyright Infringement Publishing 57

Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. The studio settled quietly out of court, so there’s no reported decision in this one. You can judge for yourself by downloading a copy of “Jap Herron” here.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

43(B)log

AUGUST 11, 2022

Easiest way to make money was to make a film likely to succeed, and copying a successful foreign plot was a good way to do so. But there weren’t reported lawsuits against Bollywood films. Around 2010, some studios started enforcing, e.g., Twentieth Century Fox sued over copying of plot of Phone Booth and was successful.

IP 70

IP Copying Marketing Marketing 70

LexBlog IP

NOVEMBER 30, 2022

Meredith Corporation : In one case, the alleged infringement involved the copying of approximately 170 recipes, which were accompanied by “much other instructive and valuable matter and information for household and family purposes.” 2001), which itself carried on the notion described in Publications International, Limited, v.

IP 52

IP Intellectual Property Fair Use Trademark 52

SpicyIP

DECEMBER 30, 2023

The third category lists notable developments on the legislative and policy side and includes important amendments, proposals for amendments, release of policy notes and reports etc. So, if you have strong opinions on orders/judgements that you think should’ve been included in the top 10 lists, please do share them in the comments below!

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 25, 2023

Discussant: Mark Lemley Maybe corpus linguistics can help w/things like descriptiveness and nominative fair use, though skeptical about confusion or fame (b/c you need a standard). People are notoriously bad at reporting on their own mental processes and that’s what we’re asking them to do. especially with “why do you say that?”

Trademark 70

Trademark Marketing Marketing Advertising 70

LexBlog IP

FEBRUARY 1, 2023

VIP Products, on the other hand, argued that their toy was protected under the doctrine of “fair use” as it was being used in a non-trademark sense, and that it was not likely to cause confusion among consumers. ” Id. In VIP Products v. Jack Daniels Products , 953 F.3d 3d 1170 , 1172 (9 th Cir.

Trademark 52

Trademark Intellectual Property Branding Brands 52