Technology & Marketing Law Blog

AUGUST 1, 2023

How are photographers supposed to get the attention of those publishers without displaying samples of their work? 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.

Blogging 98

Blogging Copying Social Media Copyright 98

JIPL Online

APRIL 9, 2021

Although the user derives some benefit from the meme without purchasing or licensing the underlying content, the creator of the content also uniquely benefits from the increased exposure to individuals who may not otherwise interact with their content. Stearns, Todd J. Zywicki & Thomas J. vii] Deidrè A. 511, 523 (2012). Int’l Com.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Copyright Lately

OCTOBER 3, 2022

Artists typically don’t register copyrights in their tattoos, and they almost never file lawsuits when their works are reproduced as they appear on clients’ bodies. ” Among those limited exceptions are situations in which a tattoo design is used as a work disconnected from the body on which it appears.

Fair Use 88

Fair Use Designs Design Licensing 88

Velocity of Content

APRIL 30, 2024

Shumaker: What’s the status of social media content or content made available without charge by policy think tanks, public interest groups, and the like? Called RightsLink for Scientific Communications, it covers a wide range of publishers and tens of thousands of articles every year.

Licensing 52

Licensing Social Media Copyright Publishing 52

Copyright Lately

MAY 1, 2023

Chrissy has created an unauthorized derivative work of the SpongeBob track (which probably won’t make Sire Records happy), but she likely hasn’t implicated any copyright interests in the UMG-owned Drake recordings that were used by Janet to train the original model. ” VMG Salsoul, LLC v. .” What’s Next?

Music 93

Music Copyright Copying Copyright Law 93

Copyright Lately

JANUARY 31, 2023

Constitution’s Supremacy Clause , Article VI, Paragraph 2, “the Laws of the United States. Weigh in in the comments section below or hit me up on social media @copyrightlately. ” “The exclusive rights of the owner of copyright in a sound recording. ” 17 U.S.C. § shall be the supreme Law of the Land.”

Music 107

Music Copyright Licensing Copyright Infringement 107

Plagiarism Today

SEPTEMBER 28, 2021

I understand a lot of you may be upset that I saw a photo on social media and loved it enough to imitate it in a very different style. No, I'm not opposed to giving photographers a %, it's hard work. The most straightforward and accurate answer to that question is simply, “We don’t know.”

Fair Use 279

Fair Use Non-Fungible Tokens Copyright Derivative Work 279

IP Tech Blog

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Article 10.1 If yes, under what circumstances?

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. A useful article is an object like clothing or furniture that has an intrinsic utilitarian function that’s not merely to portray appearance or convey information.

Copyright 105

Copyright Derivative Work Artwork Fair Use 105

Copyright Lately

APRIL 19, 2022

Back then, Judge Leval was a district court judge when he wrote an article for the Harvard Law Review called “Toward a Fair Use Standard.” In his article, Judge Leval argued that the fourth fair use factor was getting too much attention and that the first fair use factor (the nature and purpose of the use) was really the “soul of fair use.”.

Fair Use 85

Fair Use Art Copyright Derivative Work 85

Olartemoure Blog

APRIL 14, 2023

The trademark claimed that it had the rights over the photograph and published it on its social media as advertising , without the authorization of the author. However, the court disagreed with Deadly Doll’s claim, and analyzed whether the photograph could be considered a derivative work.

Branding 52

Branding Brands Branding Derivative Work 52

Copyright Lately

MAY 22, 2023

” Here, Goldsmith’s photo of Prince was used in multiple ways: Andy Warhol used it to create an illustration for a Vanity Fair article. Warhol used it to create the other Prince Series works. Drop me a note in the comments below or @copyrightlately on social media.

Fair Use 98

Fair Use Licensing Copying Artwork 98

LexBlog IP

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Article 10.1 If yes, under what circumstances?

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

LexBlog IP

OCTOBER 25, 2023

In Larson, Dorland claimed copyright in a 381-word letter posted to Facebook and further asserted that, therefore, each of the three versions of Larson’s The Kindest was a derivative work in which Dorland, therefore, owned the copyright because her letter and the later Larson works were substantially similar.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52