43(B)log

MAY 19, 2023

Its TOS provide that users will not use Roblox content outside of the Roblox Platform, monetize Roblox content, or imply an association with Roblox for their businesses outside of the Roblox Platform. Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.”

Copying 94

Copying False Advertising Social Media Advertising 94

Copyright Lately

OCTOBER 20, 2024

He dismissed American’s claims for breach of user agreement, conditions of carriage (the rules governing air travel), and tortious interference with contract, ruling they were barred by the statute of limitations. This left the copyright claim over the unauthorized use of American’s flight symbol logo.

Copyright 86

Copyright Fair Use Social Media Business 86

Michael Geist

DECEMBER 3, 2024

Unlike the NY Times, which focused on both the inputs (the materials used to train ChatGPT) and the outputs (allegations ChatGPT occasionally provides copyright infringing results), the Canadian claim only target the inputs with no allegation that ChatGPT results are infringing. This isn’t me speculating.

Settlement 113

Settlement Copyright Licensing Copyright Infringement 113

43(B)log

AUGUST 9, 2024

Is this relevant to fair use? Satire involves using the same style to clothe different ideas; therefore it shouldn’t infringe (lack of substantial similarity as in the Greatest American Hero case; German case law; perhaps the jury’s reasoning in the Kat von D case). Writing ad copy, which authors need to sell their works.

Fair Use 59

Fair Use Marketing Marketing Licensing 59

Technology & Marketing Law Blog

AUGUST 12, 2021

means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.”. Fair use : The court also grapples with fair use. Is Embedding a Display?

Social Media 140

Social Media Copyright Fair Use Licensing 140

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Does it work differently in the US where there is a separate ROP? When, how and why would you seek permission to use persona.

Fair Use 45

Fair Use Contracts Litigation Copying 45

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

Technology & Marketing Law Blog

JUNE 2, 2022

Nature of Use. “Von D presumably did not need to copy the pose from the Portrait in order express a sentiment of melancholy.” It wasn’t possible to use only a portion of the photo to depict melancholy, so I guess the court is saying Kat Von D should have picked a different image altogether? ” Huh?

Copyright 145

Copyright Social Media Fair Use Licensing 145

Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. To briefly summarize, the court left the fair use question entirely to the jury, despite its own pre-trial order and the Supreme Court’s recent decision in Google v. Warner Bros. Copyright in Tattoos.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

According to section 17 , the creator of a work is the first copyright owner, but if the work is created as part of a contract of service, the employer is the first copyright owner unless the contract states otherwise (under section 17(c )). Fair use; webinar recordings. written in advance).

Fair Use 52

Fair Use Ownership Licensing Copyright 52

The IP Law Blog

JANUARY 19, 2023

In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. We’ll start with Andy Warhol Foundation v.

Copyright 97

Copyright Trademark Fair Use Contracts 97

Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. I speculated that this was an attempt to avoid a messy fair use dispute. is being used as code.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

IP and Legal Filings

FEBRUARY 9, 2023

i] It required the contracting parties to implement limitations and exceptions to their national law of copyright in their country for permitting the production, distribution, and accessibility of published work in such a format that is convenient as well as permission to exchange such copyright works across borders and serve the beneficiaries. [ii]

Copyright 98

Copyright Contracts Copying Licensing 98

Technology & Marketing Law Blog

SEPTEMBER 29, 2024

The denial of fair use stands, but the damages get zeroed out. Fair Use Nature of Use “Defendants’ use of the tattoos was clearly commercial.” The videogame made a commercial editorial use of the tattoo. ” I could see the fair use analysis going the other way on appeal.

Copyright 116

Copyright Fair Use Licensing Blogging 116

Copyright Lately

OCTOBER 6, 2024

A new lawsuit over Broadway’s Stereophonic tests copyright’s limits, as Fleetwood Mac’s former sound engineer claims the hit play copies his real-life story about working on the Rumours album. In that case, the court ruled in Adjmi’s favor because 3C was a parody of the sitcom and protected by fair use.

Art 126

Art Copyright Copying Copyright Law 126

Technology & Marketing Law Blog

APRIL 6, 2022

Whether Instagram granted Newsweek an implied sublicense : An implied license exists where someone (1) creates content (2) at another’s request and (3) handed it over, intending the other party copy and distribute it. Fair use is also an issue best left for trial : Newsweek also argued fair use. Google and Amazon.

Licensing 133

Licensing Fair Use Blogging Copyright 133

Technology & Marketing Law Blog

APRIL 1, 2023

As for the tortious interference claim, App Star alleges that by submitting the DMCA notification to service providers, Bar-Z interfered with App Star’s contracts with certain chambers of commerce. Here, the Court has already found that Bar-Z had a legal right to interfere with App Star’s contracts with the chambers of commerce.

Fair Use 111

Fair Use Cease and Desist Contracts Ownership 111

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Registration 132

Registration Fair Use Copyright Designs 132

Velocity of Content

AUGUST 10, 2022

By way of background, the EU, as part of its Digital Single Market Copyright Directive , looked at the then-extant UK copyright exception for the making of copies of copyrightable works to perform text and data mining (TDM) in a non-commercial context. The music industry has already fired a shot about the new TDM exception.

Law 116

Law Licensing Publishing Intellectual Property 116

IP and Legal Filings

JULY 21, 2022

Among the other solutions, the most easy and feasible way to come out of the problem of unavailability and unaffordability was to start copying the books, study materials, and video lectures with the help of different mechanisms. The exceptions in fair dealing have been stated in general terms and the list is not exhaustive.

Copyright 98

Copyright Licensing Higher Education Copying 98

TorrentFreak

APRIL 11, 2023

‘Clearly Not Clearly Illegal’ Also, Uberspace couldn’t find any claims from YouTube itself that their content has effective copy protection. For example, GitHub eventually concluded that youtube-dl wasn’t violating US copyright law, a decision that was based on input from the legal experts at EFF.

Music 145

Music Fair Use Copyright Law Law 145

SpicyIP

JUNE 19, 2022

Being born into this ‘social contract’ is the equivalent of clicking ‘I accept’ in terms of conditions on websites. You have the right to free speech, but not to copy someone else’s texts because of copyright laws. You have the right to free speech, but not to copy someone else’s texts because of copyright laws.

IP 119

IP Fair Use Invention Copyright 119

Velocity of Content

DECEMBER 4, 2024

14 It can be argued that the massive copying of protected works to train and fine-tune LLMs constitutes a significant market for licensing, a matter to which the article returns below. LSB10922, Generative Artificial Intelligence and Copy. ↩︎ It is not necessary to show that the defendant intended to copy a specific work.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

Velocity of Content

JANUARY 31, 2023

The making of copies to perform text and data mining, machine learning, and AI training (collectively “TDM”) without additional licensing is authorized for commercial and non-commercial purposes under CC BY , and for non-commercial purposes under CC BY-NC. OpenAI, LLC, OpenAI Startup Fund GP I, L.L.C.; you get the picture).

Licensing 98

Licensing Fair Use Journalism Publishing 98

Kluwer Copyright Blog

FEBRUARY 13, 2022

For instance, the category for libraries includes the question of whether the exception allowed unauthorized reproduction to provide copies for other libraries. General Exception, Including Fair use. Personal or Private Uses. Temporary Copies for Technological Processes. Protection Against Supremacy of Contracts.

Copyright 98

Copyright Copyright Law Technology Fair Use 98

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. But I think this might have more to do with the way the lawyers pleaded this issue rather than the quality of the potential breach of contract claim here.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

SpicyIP

OCTOBER 28, 2022

While pleadings are not uploaded online by the Delhi High Court, Entrackr has obtained copies of the pleadings and has discussed some of the key facts and arguments here. We are not aware of the exact terms of this contract and the specific rights licensed to Pocket FM. The matter is still being heard.

Copyright 126

Copyright Copyright Infringement Licensing Fair Use 126

LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1]

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. ” They argued that had Twain really written the book, Clemens’ estate would own the copyright and Harper would have the exclusive right under contract to publish it. A Nightmare on My Street.

Copyright 145

Copyright Cinema Copying Copyright Infringement 145

The IPKat

FEBRUARY 3, 2023

This said, different contractual conditions and policies were found leading to uncertainty and, as a result, giving rise to transaction costs. The introduction of a specific E&L for TDM has also featured in Hong Kong copyright reform discourse [see IPKat here ].

Government 141

Government Related Rights Copyright Law 141

Technology & Marketing Law Blog

SEPTEMBER 23, 2022

Instead, the plaintiff complained about the lingering backend copies and copies cached in third-party databases. The DMCA takedown notices never gave a URL for the backend copies, and ShutterStock had no responsibility for flushing the third-party caches. I can see future problems from the court’s approach.

Licensing 111

Licensing Copying Blogging Copyright 111

Technology & Marketing Law Blog

JANUARY 17, 2024

There was no question about the copying–the revised William Blair documents sloppily retained references to UIRC). Instead, it copied much of the language from the Idaho materials. This case expands the canon of copyright protection for lawyer-drafted documents such as legal briefs and contracts. See, e.g., White v.

Copyright 71

Copyright Copying Copyright Infringement Editing 71

TorrentFreak

JUNE 23, 2022

In addition to damages relating to the fraudulent notices, the company piled on with additional claims for copyright infringement, false designation, business defamation, breach of contract, and violations of consumer protection law. 241), traceable to Consolidated Communications, a residential ISP serving Rocklin, California.

IP 145

IP Copyright Copyright Infringement Music 145

LexBlog IP

JANUARY 19, 2023

In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. Next, we have Abitron Austria GmbH v.

Copyright 52

Copyright Trademark Fair Use Contracts 52

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

Copyright 45

Copyright Copying Music Fair Use 45

Biswajit Sarkar Copyright Blog

JULY 19, 2022

A person authorises the use of the space for the transmission, sale, distribution, or display of an unauthorised work unless they know or have good reason to suspect that doing so will result in a copyright violation. With today’s technology, it is very simple to copy and share the original works of other people.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

43(B)log

FEBRUARY 4, 2023

Justin Koo, Exporting Fair Use to Developing Copyright Systems Difficult to grow when the law doesn’t have flexibility—across the Commonwealth Carribean. Either involuntarily imposed on us or adopted from UK w/o adaptation to local needs/lack of resources in former colonies. Will importing fair use solve any problems?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59