Technology & Marketing Law Blog

MARCH 6, 2022

“Plaintiff’s takedown letters and supporting document establish facially plausible claims of infringement, and Babybus does not allege a plausible basis for a fair use defense.” Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use 111

Fair Use Cease and Desist Copying Copyright Infringement 111

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

Technology & Marketing Law Blog

OCTOBER 4, 2022

[I’ll blog the Supreme Court’s cert grant in Gonzalez v. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici. * Biosafe-One v.

Cease and Desist 96

Cease and Desist Fair Use Copyright Blogging 96

Technology & Marketing Law Blog

SEPTEMBER 15, 2024

But the sender’s dereliction in this case really got to me, so it’s worth the blog post. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Fair Use 105

Fair Use Cease and Desist Ownership Licensing 105

Technology & Marketing Law Blog

APRIL 29, 2023

Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

Fair Use 105

Fair Use Cease and Desist Copyright Trademark 105

IPilogue

DECEMBER 7, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. Dorland and her lawyer sent various cease and desist letters to Larson and her publishers, but it wasn’t until Dorland happened upon an audio recording of an earlier iteration of “The Kindest” that she decided to take action.

Copyright Infringement 111

Copyright Infringement Art Copyright Cease and Desist 111

Technology & Marketing Law Blog

DECEMBER 5, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein. * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

Marketing 85

Marketing Marketing Cease and Desist Fair Use 85

Technology & Marketing Law Blog

DECEMBER 15, 2021

As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure. A few plaintiffs have won default judgments (including one I blog below). Some other 512(f) cases I’ve not previously blogged: * Paul Rudolph Foundation v. Diebold from 2004, which led to a $125k damages award.

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Registration Fair Use Copyright Design 132

Technology & Marketing Law Blog

APRIL 1, 2023

Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

Fair Use 111

Fair Use Cease and Desist Contracts Ownership 111

Technology & Marketing Law Blog

FEBRUARY 21, 2025

Heldman * Another 512(f) Claim FailsNingbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)Hughes v. New Destiny Church * Reaction Video Protected By Fair UseHosseinzadeh v. Klein * 9th Circuit Sides With Fair Use in Dancing Baby Takedown CaseLenz v. Federici * Biosafe-One v.

Copyright 40

Copyright Cease and Desist Fair Use Intellectual Property 40

IP Tech Blog

NOVEMBER 29, 2023

The twists and turns of the case have some fun details, including Plaintiff demanding $10 million from Netflix in a pre-filing cease and desist letter (Netflix declined to pay), but we will focus on the legal issues. Netflix moved to dismiss the complaint on, among other grounds, fair use. Lynn Goldsmith, et al. ,

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

Technology & Marketing Law Blog

AUGUST 16, 2023

Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

Ownership 75

Ownership Cease and Desist Fair Use Copyright 75

Kluwer Copyright Blog

DECEMBER 14, 2022

The InfoSoc Directive’s non-mandatory exception for the “uses in connection with the repair or demonstration of equipment” suggests an avenue for enabling wider access to repair information. doctrine of fair use, iFixit and the Electronic Frontier Foundation (EFF) refused to take down the manuals and have since stood by their stance.

Copyright 105

Copyright Cease and Desist Fair Use Publishing 105

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

Fair Use 75

Fair Use Cease and Desist Copyright Ownership 75

SpicyIP

SEPTEMBER 4, 2023

Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. International IP Developments US Copyright Office seeks public comments on Gen AI to assess whether legislative or regulatory steps in this area are warranted. Notorious B.I.G.’s

Cease and Desist 105

Cease and Desist Patent Prosecution Trademark Derivative Work 105

JIPEL Copyright Blog

MARCH 21, 2022

scene in the past, things seemed to come to a head in November 2020 when Nintendo sent a cease-and-desist letter to the Tournament Organizers (TOs) of the Big House, an upcoming streamed Melee tournament, and subsequently forced them to cancel the event. Melee , know this better than anyone.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

JIPL Online

NOVEMBER 1, 2021

This blog will argue that copyright law should not be leveraged to destroy donation-based mods the way it has done so to paywalled mods. First, this blog will explain the reason that mods have turned to crowdfunding by discussing the history of mod monetization. 6] Mod creators are not always deterred by these setbacks. [7]

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. As a result, SuperFarm cancelled the auction. [5]

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Brands 52

IPilogue

MARCH 2, 2022

They seek monetary damages, an injunction to bar the further use of Hermès’ marks, a transfer of Rothschild’s metabirkins.com domain, and delivery of all unauthorized products and advertisements. . Is this Fair Use? Several barriers may preclude Rothschild from successfully claiming fair use.

Cease and Desist 105

Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105

Technology & Marketing Law Blog

FEBRUARY 12, 2025

Heldman * Another 512(f) Claim FailsNingbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)Hughes v. New Destiny Church * Reaction Video Protected By Fair UseHosseinzadeh v. Klein * 9th Circuit Sides With Fair Use in Dancing Baby Takedown CaseLenz v. Federici * Biosafe-One v.

Cease and Desist 59

Cease and Desist Fair Use Copyright Ownership 59

Technology & Marketing Law Blog

JANUARY 11, 2025

In those circusmtances, copyright law is an especially attractive tool to the pugilists, with its strict liability standards, amorphous fair use boundaries, high defense costs, and effectiveness of takedown notices. Levy argued that Kilgore didn’t consider fair use before sending the takedown notices.

Copyright 40

Copyright Fair Use Cease and Desist Copyright Law 40

Technology & Marketing Law Blog

JUNE 21, 2023

As Professor Farley and I discuss in Part II of our paper, several circuits require a commercial use of the mark for infringement (or an exception for noncommercial speech) and dismiss lawsuits without applying all of the likelihood of confusion factors if the unauthorized use of the mark is not commercial speech. Redbubble, Inc. ,

Trademark 105

Trademark Blogging Trademark Law Fair Use 105

Copyright Lately

APRIL 6, 2025

Naturally, I followed that announcement by not writing a single blog post for the next three weeks. Bibas Kicks It Upstairs The first case to directly address fair use in AI training is now heading to a federal appeals court, as Judge Stephanos Bibas has decided to certify an interlocutory appeal in Thomson Reuters v.

Editing 62

Editing Copyright Cease and Desist Music 62

Technology & Marketing Law Blog

MARCH 4, 2022

Other commentators have provided an excellent summary of the Federal Circuit’s opinion, see, e.g. , Rebecca Tushnet , Jennifer Rothman , and John Welch , so this blog post will focus on the implications of the decision rather than provide a detailed summary of it.

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Registration Blogging Trademark Privacy 126

Technology & Marketing Law Blog

JANUARY 14, 2025

Capitol Records (the successor to EMI) sent its first cease-and-desist letter to Vimeo in 2008 and sued Vimeo for copyright infringement in 2009. Plaintiffs argument goes too far; it would require Vimeo employees to assume that uses of copyrighted material are never fair use.” ” (emphasis added).

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Music Fair Use Copyright Cease and Desist 92