Technology & Marketing Law Blog

JULY 23, 2024

Rebecca Tushnet and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. Paperback buyers can get a free PDF file by emailing me a copy of their receipt showing which edition they bought. It is available for purchase in the following formats: * DRM-free PDF file.

Editing 98

Editing Advertising Advertising Marketing 98

Kluwer Copyright Blog

MARCH 11, 2025

Traditionally, the purchase of the tangible copy of a work afforded the buyer or every lawful acquirer of the tangible copy the possibility to enjoy the work as long as the physical object incorporating the work exists. However, the shift from a market of goods to a market of services has changed this paradigm.

Copyright Law 105

Copyright Law Public Domain Copyright Law 105

Intellectual Property Law Blog

APRIL 12, 2023

The court found that this was transformative (creating the searchable database) and did not adversely impact the market for books. In fact, the court noted that this likely helps the market by making it easier for people to find relevant books. And the image may impact the market for images.

Fair Use 244

Fair Use Derivative Work Copying Marketing 244

Traverse Legal Blog

NOVEMBER 25, 2024

Preventing Accidental Infringement: Respect Copyright: Avoid copying others’ work without permission. the effect of the use upon the potential market. However, courts may reduce damages if you can prove: Unawareness: You were unaware of the infringement and had no reason to suspect it. the purpose and character of your use.

Copyright Infringement 98

Copyright Infringement Copyright Web Design Fair Use 98

Technology & Marketing Law Blog

OCTOBER 6, 2022

But the recent lawsuit against Kat Von D, alleging that she copied a portrait of Miles Davis by photographer Jeff Sedlik, suggests these once-tolerated uses may be under threat. Eric’s Prior Tattoo Copyright Blog Posts. WWE 2K (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

Intellectual Property Law Blog

DECEMBER 18, 2023

In this case, the Federal Circuit determined the sufficiency of evidence to rebut a nexus between objective evidence and non-obviousness; and to establish the objective indicia of copying. Direct evidence of copying is not necessary to establish copying. The Board’s finding of copying is supported by substantial evidence.

Copying 130

Copying Art Marketing Marketing 130

SpicyIP

FEBRUARY 17, 2025

Akshat Agrawal is a Senior Associate at Saikrishna and Associates and has previously written on the blog here. Thomson Reuters argued that Legal Ease’s questions, incorporated by Ross in machine-readable form, essentially copied its creative headnotes. [ This post is authored by Akshat Agrawal and Sneha Jain. Long post ahead. ]

Copying 69

Copying Fair Use Copyright Copyright Law 69

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court then moves on to consider Viacom’s copyright infringement claim.

Blogging 111

Blogging Social Media Television Fair Use 111

Technology & Marketing Law Blog

DECEMBER 11, 2023

As the new threshold test for application of Rogers , courts can’t simply assume trademark use based on the close copying of the plaintiff’s goods. The post Hot Take on the Wavy Baby Decision (Guest Blog Post) appeared first on Technology & Marketing Law Blog. at 156 (citation omitted)”).

Blogging 130

Blogging Trademark Brands Branding 130

Technology & Marketing Law Blog

JUNE 17, 2023

Users retain ownership of content they upload to GitHub, but grant GitHub: the “right to store, archive, parse, and display [the content], and make incidental copies, as necessary to provide the Service, including improving the Service over time.” GitHub (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

Technology & Marketing Law Blog

AUGUST 19, 2024

The Eleventh Circuit agrees, quietly dismissing the case in an unpublished opinion. * * * The short opinion addresses the copying-in-fact element, sidestepping the possibly more interesting copyrightability, wrongful copying, and fair use questions. Cattelan appeared first on Technology & Marketing Law Blog.

Copyright 122

Copyright Fair Use Copying Blogging 122

The IPKat

JANUARY 23, 2022

Although a bleak winter week, the IPKat is here to warm you up with tales of interesting posts from the IP blogs. The summary was published via the Kluwer Copyright Blog. The figures provide interesting data and the Kluwer Copyright Blog provides its commentary. Is overblocking real? Crabtree v.

Blogging 84

Blogging IP Copyright Reporting 84

Technology & Marketing Law Blog

FEBRUARY 11, 2025

Note 2: I don’t have a problem with saying that a collection of headnotes may be subject to a compilation copyright, but I’m not sure ifRoss copied the selection/arrangement/ coordination of the headnote collections.) Ross Copyright Ruling appeared first on Technology & Marketing Law Blog.

Copyright 59

Copyright Fair Use Copying Marketing 59

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

Copying 105

Copying Copyright Law Copyright Social Media 105

Kluwer Copyright Blog

APRIL 4, 2023

Image by C Dustin via Unsplash Despite the increasing use of streaming services, where media content is not stored on local devices, but merely accessed online, the private copying exception (Art 5(2)(b) InfoSoc Directive) remains at the center of European jurisprudence. The CJEU decision C‑433/20 Private copies? Dropbox, iCloud).

Copying 72

Copying Art Marketing Marketing 72

Kluwer Copyright Blog

MARCH 19, 2025

In ACI Adam , the CJEU introduced lawfulness as a prerequisite for the enjoyment of the private copy exception, when affirming that the benefit of the private copy exception concerns only reproductions made from a lawful source. This line of reasoning was also adopted in the subsequent V ereniging Openbare Bibliotheken v.

Copyright Law 98

Copyright Law Law Copyright Copying 98

Technology & Marketing Law Blog

JULY 4, 2022

” Indeed, the court says “the Deposit Copy reads like a manual, instructing a user how to generate digital messages—and convert those digital messages to analog signals—that Pyrotechnics’s control panel and field module can send and understand.” Pyrotechnics wants to control the market for every component of its system.

Copyright 145

Copyright Copying Registration Marketing 145

Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. A copyright is a right against the world.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

Technology & Marketing Law Blog

JULY 18, 2023

Genius planted tiny mistakes in some of the lyrics it posted, and once those appeared in Google’s information boxes, it argued that Google copied lyrics from Genius. Genius’s “browsewrap,” however, prohibits copying for commercial use, and Genius sued Google for breach of contract.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

IPilogue

NOVEMBER 10, 2022

According to representatives from iRobot, “ Shark’s plan has always been to copy iRobot’s innovations, undercut iRobot on price, and steal iRobot’s market share ”. In selling their vacuums for below half the price of the Roomba, SharkNinja has grown to be the second largest seller in the industry in North America.

Marketing 105

Marketing Marketing Intellectual Property Technology 105

Technology & Marketing Law Blog

DECEMBER 27, 2021

The application of this principle to this case is easy: the elements that Defendants allegedly copied from Coscarelli’s cookbooks are primarily lists of ingredients and directions for combining them. Some Related Blog Posts. Smashburger (Guest Blog Post). Esquared appeared first on Technology & Marketing Law Blog.

Copyright 144

Copyright Social Media Copying Blogging 144

Technology & Marketing Law Blog

FEBRUARY 17, 2022

According to the complaint, when Apple learned of the app, it liked the idea—so much so, in fact, that it copied it. These screenshots (from the complaint) show the alleged copying: I trust the differences are immediately apparent. In my prior blog post, I wrote: this lawsuit could be an example of emoji trolling.

Copyright 145

Copyright Copying Blogging Intellectual Property 145

Technology & Marketing Law Blog

MARCH 11, 2022

I previously blogged this case last year. In response, Newman, the community moderator, copied all of the community’s posts and uploaded them to Dreamwidth–an action we used to call “mirroring” in the old days. ” Market Effect. In 2017, LiveJournal changed its policies. Monsarrat admitted. Third-party Content.

Fair Use 130

Fair Use Copying Copyright Publishing 130

Technology & Marketing Law Blog

OCTOBER 26, 2021

She sent takedown notices to the blog’s “registrar” (this is the court’s word), GoDaddy, which GoDaddy honored. Market effect. Some prior blog posts on 512(h): 512(h) Doesn’t Preempt Doe Unmasking Lawsuits–Strike 3 v. Does (Guest Blog Post). The bloggers did not submit counternotices. Amount taken.

Privacy 124

Privacy Fair Use Blogging Copyright 124

The IPKat

AUGUST 8, 2022

But, for those who are yet to pick up a copy, here is what is in store: The EU legislature adopted Directive 2019/790 on Copyright in the Digital Single Market (DSM) in 2019. It was against this background that the proposal for a Directive on copyright in the Digital Single Market was made in 2016.

Marketing 81

Marketing Marketing Copyright Intellectual Property 81

Technology & Marketing Law Blog

MARCH 29, 2023

Prutton admitted to copying and said that his adult daughter had helped him with his website. (A The fourth factor, impact on the market place, was addressed by Prutton, with the defense that Oppenheimer never licensed the photograph. This Final Determination really opens up the market for photographers to file CCB claims for uses.

Blogging 105

Blogging Fair Use Copyright Copyright Notice 105

Intepat

FEBRUARY 19, 2025

This doctrine is mainly pertinent to the physical copies of copyrighted works, such as books, CDs, and DVDs. Digital content can easily be copied which raises the question of whether this doctrine ought to apply to digital works as well. However, the applicability of this doctrine in the digital era is still a matter of contention.

Copyright 52

Copyright Copying Licensing Ownership 52

Intepat

FEBRUARY 3, 2025

” While countries like China focus on the “first to file” rule, India gives more importance to those who first use a trademark in the market. Because the big company has more resources for marketing and advertising, it overwhelms the smaller business’s brand identity. India Allianz Aktiengesellschaft Holding v.

Brands 59

Brands Branding Branding Trademark 59

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 98

Blogging Copying Social Media Copyright 98

Technology & Marketing Law Blog

FEBRUARY 13, 2025

The court sides with DistroKid: volitional conduct is not shown merely by alleging that a system copied, reformatted, or distributed copyrighted material, even if the system’s functions can be broken down into three separate events. DistroKid appeared first on Technology & Marketing Law Blog.

Copyright Infringement 52

Copyright Infringement Copyright Licensing Copying 52

Technology & Marketing Law Blog

AUGUST 2, 2023

s advertisement for hats, copying Sarony’s Oscar Wilde No. The post How A Century-Old Insight of Photography Can Inform Legal Questions of AI-Generated Artwork (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Ehrich Bros.’s

Artwork 98

Artwork Blogging Art Copyright 98

Technology & Marketing Law Blog

APRIL 23, 2022

Facebook appeared first on Technology & Marketing Law Blog. The plaintiff’s alleged harm is the loss of a decade of photos, but the lack of an explanation didn’t cause that harm (the termination did). ” Protip: Facebook is a terrible cloud storage option. LEXIS 72533 (N.D. April 20, 2022).

Copying 126

Copying Contracts Blogging Law 126

Technology & Marketing Law Blog

SEPTEMBER 29, 2024

Prior blog post. ” Amount Taken “Defendants assert that it was necessary to copy each tattoo in its entirety to depict real life accurately. ” Market Effect This factor weighed in favor of the defense. Take Two appeared first on Technology & Marketing Law Blog. ” Really? .”

Copyright 116

Copyright Fair Use Licensing Blogging 116

TorrentFreak

DECEMBER 18, 2023

Patrons can also borrow books that are scanned and digitized in-house, with technical restrictions that prevent copying. Staying true to the centuries-old library concept, only one patron at a time can rent a digital copy of a physical book for a limited period. threatens) the traditional ebook lending market.

Fair Use 135

Fair Use Copyright Infringement Copyright Copying 135

Technology & Marketing Law Blog

DECEMBER 13, 2024

But the suit, in which 24-year-old influencer Sydney Nicole Gifford accuses another influencer, 22-year-old Alyssa Sheil, of copying both her posts and her style, may have an outsized effect on the law around online content creation. Influencer marketing has become increasingly central to commerce. –Gifford v.

Blogging 64

Blogging Social Media Law IP 64

Kluwer Copyright Blog

SEPTEMBER 19, 2023

The focus of the case is twofold: the scope of application of the private copy exception, on the one hand, and that of the right of communication to the public, on the other. On the one side, it ruled out the inclusion of a specific type of copying systems in the scope of the private copy exception.

Copyright Law 131

Copyright Law Copying Copyright Law 131

Technology & Marketing Law Blog

JUNE 2, 2022

. “Von D presumably did not need to copy the pose from the Portrait in order express a sentiment of melancholy.” Market Effect. “no one has told [Sedlik] they would not buy a copy of the Portrait because they had seen the Tattoo or social media posts about the Tattoo.” Prior Tattoo Copyright Blog Posts.

Copyright 145

Copyright Social Media Fair Use Licensing 145