Cease and Desist Designs Fair Use Litigation 
Technology & Marketing Law Blog
MARCH 15, 2022
The court says the takedown notices are covered by the litigation privilege: “Since the statements at issue here were made to Amazon during the notice and takedown period, they are absolutely privileged. That’s by design–the DMCA was designed to resolve matters outside of court. Defamation.
Technology & Marketing Law Blog
AUGUST 8, 2021
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. The Crony graphic also doesn’t qualify for fair use: Nature of Use. Multimedia System Design , 2021 WL 3271829 (S.D.N.Y.
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Technology & Marketing Law Blog
AUGUST 16, 2023
The litigants are an employer and former employee. By design, it seeks to push questions over ownership to court, rather than have the intermediary service try to resolve those question. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.
Plagiarism Today
OCTOBER 26, 2021
Costumes are considered “useful articles” and, similar to most of the fashion industry , does not qualify for any kind of copyright protection. . First, design elements that are “physically or conceptually separate” from the article can be protected. However, commercial use of costumes still raises legal questions.
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.
Technology & Marketing Law Blog
AUGUST 18, 2022
400 in damages after 4 years of litigation won’t put a smile on anyone’s face. 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.
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.
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