Cease and Desist, Copyright Infringement, Fair Use and Reporting

3 Count: Warhol Battle

Plagiarism Today

OCTOBER 13, 2022

Supreme Court Tackles Andy Warhol Copyright Dispute. First off today, Blake Brittain at Reuters reports that yesterday the Supreme Court heard oral arguments in a case pitting photographer Lynn Goldsmith against the estate of artist Andy Warhol. Lynn sued allegiging that those prints were a copyright infringement.

Cease and Desist

Cease and Desist Copyright Infringement Licensing Fair Use

3 Count: NFT Repeat

Plagiarism Today

DECEMBER 8, 2021

1: YouTuber Hit With 150 Copyright Claims For Reviews Featuring Anime Footage. First off today, Brian Ashcraft at Kotaku reports that YouTuber Mark Fitzpatrick, better known as Totally Not Mark, says that he does not know what is next after the anime studio Toei has filed copyright claims against some 150 of the videos on his channel.

Cease and Desist

Cease and Desist Artwork Fair Use Plagiarism

3 Count: Extrinsic vs. Intrinsic

Plagiarism Today

MAY 16, 2022

1: Supreme Court Leaves in Place Circuit Split Regarding Approach for Assessing Substantial Similarity in Copyrighted Works. 2: Judge Says ‘Vape’ Musical Parody May Go On as ‘Grease’ Copyright Claim Flops. The owners of Grease sent a cease and desist letter in August 2019 that resulted in performances of Vape being cancelled.

Cease and Desist

Cease and Desist Music Public Domain Publishing

Another 512(f) Claim Fails–Moonbug v. Babybus

Technology & Marketing Law Blog

MARCH 6, 2022

Babybus runs a competitive channel that Moonbug believes infringes its copyrights. An example: Moonbug submitted takedown notices to YouTube covering at least 70 videos and sued Babybus for copyright infringement. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Fair Use

Fair Use Cease and Desist Copying Copyright Infringement

Satirical Depiction in YouTube Video Gets Rough Treatment in Court

Technology & Marketing Law Blog

AUGUST 8, 2021

The Television Academies sued Goodman for copyright infringement, trademark infringement and dilution, and defamation. Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use.

Fair Use

Fair Use Television Cease and Desist Copyright

Anti-Circumvention Takedowns Aren’t Covered by 512(f)–Yout v. RIAA

Technology & Marketing Law Blog

OCTOBER 4, 2022

But if they want to be double-sure, send a takedown notice on any grounds other than copyright infringement and voila! Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. You know how this claim went. 512(f) disappears entirely.

Cease and Desist

Cease and Desist Fair Use Copyright Blogging

Nintendo’s ‘Mario Movie’ Leaks: DMCA Used To Suppress Spoiler Discussion

TorrentFreak

APRIL 27, 2022

Rumors relating to the as-yet-unnamed ‘Mario Movie’ are rife on Twitter, Facebook, YouTube, and other platforms, but how does one even begin to separate fact from fiction in these numerous reports? Post Removed By Reddit For Copyright Infringement. Reporting Facts? Spoilers: Are They Copyright Infringement?

Cease and Desist

Cease and Desist Copyright Infringement Fair Use Copyright

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

Intellectual Property Law Blog

JUNE 5, 2023

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use. 107), “when it conveys a different meaning or message from its source material.”

Fair Use

Fair Use Licensing Cease and Desist Derivative Work

Too Rusty For Krusty–Nickelodeon v. Rusty Krab Restaurant (Guest Blog Post)

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? I predict a cease and desist letter”; “I WILL DEFINITELY BE CONTACTING NICKOLODEON TO ASK IF THIS GHETTO PLACE HAVE THE RIGHTS.”.

Blogging

Blogging Social Media Television Fair Use

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. All of these facts placed Defendant on actual notice that it was highly likely that, in fact, Plaintiff’s Sticker Sheet was not infringing the Subject Design.

Registration

Registration Fair Use Copyright Designs

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

LexBlog IP

JUNE 5, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use. Section 107 of the Copyright Act provides that “fair use of a copyrighted work.

Fair Use

Fair Use Licensing Cease and Desist Derivative Work

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

LexBlog IP

MAY 26, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use. Section 107 of the Copyright Act provides that “fair use of a copyrighted work.

Fair Use

Fair Use Licensing Cease and Desist Derivative Work

NFT Update: 5 Recent Lawsuits Show a Glimpse into Future Legal Battles Involving NFTs

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. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens

Non-Fungible Tokens Social Media Contracts Branding

Intellectual Property Pulse

3 Count: Warhol Battle

3 Count: NFT Repeat

Trending Sources

3 Count: Extrinsic vs. Intrinsic

Another 512(f) Claim Fails–Moonbug v. Babybus

Satirical Depiction in YouTube Video Gets Rough Treatment in Court

Anti-Circumvention Takedowns Aren’t Covered by 512(f)–Yout v. RIAA

Nintendo’s ‘Mario Movie’ Leaks: DMCA Used To Suppress Spoiler Discussion

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

Too Rusty For Krusty–Nickelodeon v. Rusty Krab Restaurant (Guest Blog Post)

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

NFT Update: 5 Recent Lawsuits Show a Glimpse into Future Legal Battles Involving NFTs

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