Plagiarism Today

SEPTEMBER 2, 2022

However, before the event happened, Paramount learned of the event and sent a cease and desist letter to JMC requesting that they cease the event. This, in turn, raises questions of fair use and those types of cases are often long, drawn out, expensive and difficult to predict.

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Copyright Cease and Desist Copyright Infringement Fair Use 279

Plagiarism Today

OCTOBER 26, 2021

Besides, even if a rightsholder did decide to target such home uses (which would likely be against their self-interest), it is almost certain that it would be found to be a fair use. However, commercial use of costumes still raises legal questions.

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Trademark Copyright Cease and Desist Copying 279

Likelihood of Confusion

NOVEMBER 22, 2021

I’ve made a career here of tut-tutting the impolitic and brand-negating utterance of baseless cease and desist and other threatening letters based on IP infringement, including this recent post about. The post The unbearable dumbness of threatening appeared first on LIKELIHOOD OF CONFUSION™.

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IP Law 360

OCTOBER 15, 2024

with a cease-and-desist letter claiming that the artificial intelligence startup is unlawfully using its copyrighted news content, while Perplexity contends that its AI search engine is lawfully indexing web pages and surfacing facts as citations. The New York Times has hit Perplexity AI Inc.

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TorrentFreak

NOVEMBER 3, 2023

In an attempt to curtail the abuse, the site sent a cease and desist letter to Google in April, asking the search engine to begin verifying senders of DMCA notices. In addition, YTMP3.nu nu also asked for a litigation hold in anticipation of future legal action. For now, they prefer to take on one battle at a time.

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Cease and Desist Music Copying Fair Use 122

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. The court rejects Goodman’s motion to dismiss.

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Fair Use Television Cease and Desist Copyright 135

TorrentFreak

FEBRUARY 22, 2024

The record labels were aware of this, they allege, as the RIAA sent a cease and desist letter on their behalf but took no further action at the time. The motion is centered around the statute of limitations but IA also stressed the importance of their archiving efforts, hinting that it would be eligible for a fair use defense.

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Copying Licensing Fair Use Cease and Desist 120

TorrentFreak

MAY 16, 2024

However, the Internet Archive sees things differently, believing that the ‘Great 78 Project’ is fair use. While fair use was mentioned, they argued that the lawsuit should be thrown out because it was filed too late. — A copy of U.S.

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Copyright Cease and Desist Music Fair Use 131

TorrentFreak

JANUARY 29, 2024

However, the Internet Archive (IA) sees things differently, believing that the ‘Great 78 Project’ is fair use. Specifically, IA argues that many of the works should be removed from the lawsuit, as the labels failed to take timely action following a cease and desist letter the RIAA sent in 2020.

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Music Cease and Desist Copyright Copyright Law 132

Technology & Marketing Law Blog

MARCH 15, 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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Copyright Fair Use Cease and Desist Litigation 134

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.

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Technology & Marketing Law Blog

AUGUST 18, 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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TorrentFreak

JANUARY 29, 2024

However, the Internet Archive (IA) sees things differently, believing that the ‘Great 78 Project’ is fair use. Specifically, IA argues that many of the works should be removed from the lawsuit, as the labels failed to take timely action following a cease and desist letter the RIAA sent in 2020.

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Music Cease and Desist Copyright Copyright Law 107

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.

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Fair Use Licensing Cease and Desist Derivative Work 52

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.

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Fair Use Licensing Cease and Desist Derivative Work 52

Technology & Marketing Law Blog

OCTOBER 4, 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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Technology & Marketing Law Blog

SEPTEMBER 15, 2024

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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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.

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Fair Use Cease and Desist Copyright Trademark 105

SpicyIP

AUGUST 22, 2022

Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice. The bulk of the judgement focussed on the non-commercial social-commentary aspect of the game to carve out an exception for such use, which may result in future courts holding non-commercial use as a necessary condition.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

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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Marketing Marketing Cease and Desist Fair Use 85

IPilogue

DECEMBER 7, 2021

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.

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Copyright Infringement Art Copyright Cease and Desist 111

Intellectual Property Law Blog

JUNE 16, 2023

7”, the arched logo, the stylized label and distinctive bottle, sent a cease and desist letter demanding that VIP Products LLC (“VIP”) stop selling its “Bad Spaniels” chewable dog toy featuring the descriptive phrase “The Old No. 7 Brand Tennessee Sour Mash Whiskey” into “The Old No. 1125(c)(3)(A).

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Fair Use Trademark Cease and Desist Designs 130

TorrentFreak

APRIL 27, 2022

But would that be illegal under US copyright law? Under the doctrine of fair use, the law allows people to use portions of a copyrighted work without first obtaining permission from the owner. However, since fair use is a defense, conflicts need to be settled in court. Reporting Facts?

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Cease and Desist Copyright Infringement Fair Use Copyright 96

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. ,

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Fair Use Cease and Desist Social Media Art 62

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.

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Fair Use Cease and Desist Contracts Ownership 111

Technology & Marketing Law Blog

MAY 30, 2022

The Rusty Krab court expands upon these points in its subsequent section detailing findings of law, but its discussion is fairly conclusory, mainly comprising maxims about what a parody is and isn’t rather than specific discussion of the defendants’ use and why it fails to qualify.

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Dear Rich IP Blog

FEBRUARY 24, 2023

But if you're mass producing them and the athlete's law firm learns of your activity, you may receive a cease and desist letter. Keep in mind that when the athlete's image is used on merchandise, the right of publicity is not considered (or preempted as) a copyright claim.

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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.

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Copyright Cease and Desist Fair Use Intellectual Property 40

Technology & Marketing Law Blog

DECEMBER 15, 2021

The court also credits the self-serving claim by the successor licensee that it considered fair use by comparing the works and evaluating if the works were being sold commercially or for other purposes. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici. * Biosafe-One v.

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Kluwer Copyright Blog

DECEMBER 14, 2022

At least one medical device manufacturer took issue with the online library and sent iFixit a cease-and-desist letter, citing its exclusive rights under copyright to reproduce and communicate the repair information online. Citing the U.S. Citing the U.S.

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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.

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Ownership Cease and Desist Fair Use Copyright 75

Dear Rich IP Blog

SEPTEMBER 26, 2023

If you can afford it, have an attorney write a cease and desist letter. Some who copy may have fair use defenses. If you can afford it, have an attorney file a copyright suit, or if you are a go-getter with a DIY mindset, consider filing a case in the Copyright Small Claims court. Review the facts before you make threats.

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Copyright Notice Copyright Cease and Desist Copying 59

Copyright Lately

AUGUST 2, 2022

Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page. While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. Just as remarkable as Barlow & Bear’s success was Netflix’s response.

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Music Derivative Work Fair Use Cease and Desist 109

SpicyIP

SEPTEMBER 4, 2023

International IP Developments US Copyright Office seeks public comments on Gen AI to assess whether legislative or regulatory steps in this area are warranted. Eminem sends cease and desist notice to Vivek Ramaswamy. Notorious B.I.G.’s ’s lyrics cited by Judge in Future copyright ruling.

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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.

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Intellectual Property Law Intellectual Property Cease and Desist Law 59

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.

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Fair Use Cease and Desist Copyright Ownership 75

LexBlog IP

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. ,

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Fair Use Cease and Desist Social Media Art 52