Advertising Fair Use Privacy 
Copyright Lately
AUGUST 14, 2023
Fischer denied both parties’ motions for summary judgment, finding triable issues of substantial similarity and fair use. Among other things, the court held that there was a factual dispute as to whether or not defendants’ purpose in using Sedlik’s image of Miles Davis was “commercial.”
Technology & Marketing Law Blog
DECEMBER 31, 2021
The court says that instead of doing a First Amendment analysis, it’s possible that a fair use analysis is sufficient for 512(h) subpoenas (citing Eldred for the principle that fair use is the First Amendment safety valve to copyright infringement). Case citation : In re DMCA § 512(h) Subpoena to Twitter, Inc.,
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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. Saying “this is what people do” compared to “this is the law” is very useful. You can cluster fair use cases.
Patently-O
JULY 19, 2023
Although publicity rights initially emerged as a privacy interest, I find that students are quick to see its kinship to trademark law and unfair competition. While typical privacy rights focus on personal interests and one’s peace of mind, the right of publicity is more economic and commercial in nature.
Technology & Marketing Law Blog
MAY 17, 2024
First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. Judge Alsup suggested that X’s ToS conflict with copyright law by prohibiting scraping irrespective of whether it qualifies as fair use.
IP and Legal Filings
FEBRUARY 15, 2023
It has opened wide range of facilities for us like entertainment, education, advertisements, communication etc. Any user can easily copy, duplicate or access the data without the permission of the author and it is difficult to trace them back due to the issues of privacy and other matters. and Ors.
Technology & Marketing Law Blog
JULY 5, 2022
” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ). Nature of the use. The photos were already published, which weighs in favor of fair use. ” This also weighs in favor of fair use (?). Amount taken.
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