Technology & Marketing Law Blog

JANUARY 3, 2023

31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense.

Copyright 111

Copyright Social Media Copyright Infringement Publishing 111

JIPL Online

MARCH 15, 2021

20] In another case that did not settle, Netflix won a case when it used eight seconds of the song “Fish Sticks n’ Tater Tots” without permission in its documentary “Burlesque: Heart of the Glitter Tribe.” [21] Based on its fair use win in “Burlesque,” [30] Netflix may try to incorporate more content using the fair use defense.

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

SpicyIP

JULY 5, 2021

It noted that “ despite relevant University Ordinances stipulating access …, the prerogative lies with the University to withhold one such thesis in absolute confidentiality on the grounds of commercial viability and market competition. ”. Fair Use and Public Interest. Assessment. suo moto mandatory disclosures.

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

Traverse Legal Blog

MAY 1, 2022

An Acceptable Use Policy (AUP) (also known as a Fair Use Policy) is a set of rules applied by the owner, creator or administrator of a network, website, or service that restricts the ways in which the network, website, or service may be used and sets guidelines as to how it should be used. Private Information.

Social Media 97

Social Media Reporting Business Fair Use 97

LexBlog IP

NOVEMBER 28, 2023

But wait, shouldn’t the Fair Use Doctrine imputed under the First Amendment apply to an obviously parodied creative work? Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here? Case Law: Instances Where Fair Use Was Not Upheld Andy Warhol Foundation for the Visual Arts, Inc.

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

Velocity of Content

JANUARY 22, 2025

As noted in the paper, Generative AI’s Illusory Case for Fair Use , The use of anthropomorphic language to describe the development and functioning of AI models is distorting because it suggests that once trained, the model operates independently of the content of the works on which it has trained.”

Copyright Law 52

Copyright Law Copyright Business Copying 52

Intepat

DECEMBER 18, 2024

OpenAI defended its actions by invoking the principle of fair use, arguing that it used publicly available content in a manner consistent with legal standards. The court, however, found in favor of ANI, holding that OpenAI’s use of ANI’s content without authorization constituted copyright infringement.

Intellectual Property 52

Intellectual Property Trademark Copyright Television 52

SpicyIP

SEPTEMBER 4, 2023

on 24 August, 2023 (Delhi High Court) The dispute was regarding the Defendant’s violation of the Non-Competitional Confidentiality Agreement. Silvermaple Healthcare Services vs Dr Ajay Dubey & Ors.

Cease and Desist 105

Cease and Desist Patent Prosecution Trademark Derivative Work 105

Kluwer Copyright Blog

JUNE 9, 2022

As we have seen in Part I, the incentives currently driving this market, especially in the EU, point towards other priorities, such as cost reductions, legal certainty and in-house confidential development.

Technology 96

Technology Marketing Marketing Copyright 96

LexBlog IP

DECEMBER 6, 2021

One interesting note on copyright protection is that copyrighted materials are subject to the “fair use” doctrine, meaning that judges hold case-by-case flexibility to determine if the unauthorized uses of copyrighted material are permissible under four guiding factors. Patent Protection for Functionality.

Intellectual Property 52

Intellectual Property Patent Application Invention Brands 52

IIPRD

JANUARY 28, 2023

Second, the difficulty lies in locating an appropriate balance between the interests to confidentiality of data principals and permissible exceptions, particularly in terms of how the government processes personal data. It is extremely difficult for a person who owns copyrights to identify the individual who has used their work.

Privacy 52

Privacy Government Intellectual Property Fair Use 52

SpicyIP

DECEMBER 20, 2023

The issue has often arisen in the context of protecting confidential information through copyright law. Around a decade ago, Google was caught in some similar controversy over its Google Books Library Project where its use was held permissible under fair use. Feels like history is repeating itself.

Personality Rights 58

Personality Rights IP Licensing Copyright 58

43(B)log

APRIL 7, 2023

These agreements are highly confidential, which makes it unclear what counts as “infringement” under this privatized system. Crops up in the US w/fair use—rightsholders don’t like the idea of fair uses. Substitutes for fair use. In part b/c of agreements b/t large platforms and large © owners.

Due Diligence 52

Due Diligence Copyright Art Fair Use 52

SpicyIP

FEBRUARY 23, 2025

A quick glance at last week – Madras HC accepts a US District Court’s Letter Rogatory to furnish confidential information, a look at Functional Fallacies in Thomson Reuters vs Ross Intelligence and many more. However, the Court seemingly overlooked the nature and specifics of the information sought.

Confidentiality 58

Confidentiality Trademark Copyright Infringement Music 58

Copyright Lately

AUGUST 19, 2024

The AI copyright and fair use trial in Thomson Reuters v. On Friday, August 23, jurors are scheduled to hear opening statements in the first trial to test whether using copyrighted data to train an AI program qualifies as fair use. Ross Intelligence may not be glamorous, but it will be groundbreaking.

Copyright 137

Copyright Fair Use Copying Marketing 137

SpicyIP

FEBRUARY 23, 2025

Softgel: The Errors of Comity The Madras High Court accepted a Letter Rogatory from The US District Court in Delaware directing India-based Softgel Healthcare to furnish confidential information to the US Court. However, the Court seemingly overlooked the nature and specifics of the information sought.

Confidentiality 52

Confidentiality Trademark Copyright Infringement Music 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. 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. Federici. * Biosafe-One v.

Registration 132

Registration Fair Use Copyright Design 132

Technology & Marketing Law Blog

JUNE 8, 2024

Still, there should be many circumstances where descriptive fair use permits the defendant to use the term “Texas tamale” in the ad copy. OxBlue * Want To Know Amazon’s Confidential Settlement Terms For A Keyword Advertising Lawsuit? in the Adler v. McNeil case.

Trademark 129

Trademark Advertising Advertising False Advertising 129

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?

Cease and Desist 96

Cease and Desist Copyright Infringement Fair Use Copyright 96

SpicyIP

JULY 11, 2021

He evaluates the various applicable laws to argue that a thesis is a ‘public document’, the right to access which is available to the public as a matter of public interest, as well as through fair use under Section 52 of Copyright Act and also the RTI Act. Other Posts.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

Indiana Intellectual Property Law

DECEMBER 2, 2022

According to the Complaint, on April 8, 2021 and December 22, 2021 the Defendants entered into Franchise Agreement, Non-compete Agreement, Confidentiality Agreement, Non-Disclosure and Operating Agreements, along with a Principal Owner’s Guaranty and Assumption of Obligations Agreement with Honest Abe.

Confidentiality 52

Confidentiality Design Designs Business 52

SpicyIP

DECEMBER 30, 2023

Orders on Confidential Information This year many orders protecting the confidential information of the parties were passed by the Indian courts. on March 30, the Court underscored the importance of specific details in examining confidentiality claims. Nirtech Private Limited & Ors. , Acko General Insurance.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

APRIL 20, 2022

It has been noted as to the US Supreme Court’s requirement that it render before its summer break decisions in all cases argued in the current term and dispose of as many cert. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. at 7-9) were transformative.,” ’ (Op.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52

Copyright Lately

MARCH 6, 2023

Cameron Boyce ( Runt ) Wagging Tails claims that the threatened disclosures would violate Coakley’s confidentiality agreement. The Sixth Circuit ruled in Balsley’s favor, rejecting Hustler ‘s fair use defense. Are Coakley’s Materials Infringing Derivative Works or Protected Fair Use?

Copyright 89

Copyright Derivative Work Fair Use Social Media 89

43(B)log

FEBRUARY 3, 2024

Prince: “Prince testified his purpose was simply to ‘make art’ and ‘have fun’”—rejecting fair use, repeatedly emphasized in opinion. Harry Potter Lexicon: “Perhaps b/c [D] is such a Harry Potter enthusiast, the Lexicon often lacks restraint in using Rowling’s original expression” Salinger v.

IP 59

IP Marketing Marketing Patent 59

Copyright Lately

OCTOBER 23, 2023

For someone accused of treating classified documents with about the same care as old CVS receipts , Donald Trump is going to great lengths to keep his deposition testimony in a long-running copyright infringement case confidential, redacted, and permanently under seal. What was the purpose of this Tweet or Retweet?

Copyright 106

Copyright Fair Use Music Social Media 106