Remove Cease and Desist Remove Fair Use Remove Public Domain Remove Publishing
article thumbnail

3 Count: Extrinsic vs. Intrinsic

Plagiarism Today

The case looked at whether You Raise Me Up was similar to a 1977 Icelandic song Söknuður , which is owned by Johannsongs-Publishing, Ltd. The owners of Grease sent a cease and desist letter in August 2019 that resulted in performances of Vape being cancelled. 3: ComicMix To Publish Lost Dr Seuss Stories, Out Of Copyright.

article thumbnail

Guest Book Review: The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity

The IPKat

The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Why Netflix’s “Bridgerton” Lawsuit is Good for Fan Fiction

Copyright Lately

Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page. “ [W]hy sign a label deal and not own all of our masters and publishing? ,” Bear told The New York Times shortly after the pair’s Grammy win. Even better, it’s in the public domain.

Music 102
article thumbnail

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

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.

article thumbnail

Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)

Technology & Marketing Law Blog

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 100