BYU Copyright Blog

NOVEMBER 18, 2024

The Complaint alleged that Boston University used and distributed these materials without his consent to promote and run the course, despite a Settlement Agreement from 2019 that purportedly restricted such use. Boghraty's claims focused on copyright infringement and breach of contract.

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Copyright Settlement Fair Use Ownership 52

Copyright Lately

OCTOBER 20, 2024

Yes, there was a copyright infringement claim in the mix, based on Skiplagged’s use of American’s “flight symbol” logo. The court denied summary judgment on American’s trademark infringement and unfair competition claims, citing unresolved factual issues. It sought $94.4 million in disgorged profits.

Copyright 86

Copyright Fair Use Social Media Business 86

Michael Geist

DECEMBER 3, 2024

Canada’s largest media companies, including the Globe and Mail, Toronto Star, Postmedia, CBC, and Canadian Press, came together last week to file a copyright infringement lawsuit against OpenAI, the owners of ChatGPT. Much like Bill C-18, it would not surprise if coverage of the case sided with Canadian media companies.

Settlement 113

Settlement Copyright Licensing Copyright Infringement 113

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. This has important implications for the doctrine of fair use.

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Fair Use Derivative Work Blogging Licensing 98

Technology & Marketing Law Blog

MAY 17, 2024

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well. In 2022, in ML Genius v.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

TorrentFreak

NOVEMBER 18, 2022

Japan does not recognize fair use and even if it did, experts predicted that ‘Fast Movies’ would still cross red lines. “This is a ruling that fully upholds our allegations, and we believe that it should be a great deterrent against copyright infringement in the future,” a joint CODA and JVA statement reads.

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Editing Television Copyright Infringement Advertising 145

Technology & Marketing Law Blog

OCTOBER 6, 2022

Last week, an Illinois jury awarded tattoo artist Catherine Alexander $3,750 in damages at the conclusion of a copyright infringement trial. 2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. Eric’s Prior Tattoo Copyright Blog Posts.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

TorrentFreak

DECEMBER 10, 2021

In short, Defendants seek to capitalize, unilaterally, on Miramax’s rights to Pulp Fiction,” Miramax wrote , demanding damages for breach of contract, copyright infringement and trademark infringement. Taratino Fires Back. As expected, Tarantino isn’t backing down. Affirmative Defenses and Relief.

Non-Fungible Tokens 138

Non-Fungible Tokens Cinema Contracts Fair Use 138

Kluwer Copyright Blog

JUNE 2, 2024

This statement sets out OpenAI’s vison for a ‘social contract for content in AI’. OpenAI’s vision for a fair AI ecosystem The ADAI mentions copyright only in passing, but it is fairly obvious that the desire to ‘deal’ with pending copyright infringement claims (largely in the US) lies at the core of this ambitious statement.

Contracts 84

Contracts Copyright Publishing Business 84

Technology & Marketing Law Blog

JUNE 2, 2022

” As for whether the tattoo is substantially similar to the copyrighted elements of the photo, the court sends the issue to the jury. Nature of Use. 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?

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Copyright Social Media Fair Use Licensing 145

Technology & Marketing Law Blog

SEPTEMBER 29, 2024

Videogames featured Orton and his tattoos, and Alexander sued for copyright infringement. 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.” Alexander inked 6 tattoos on wrestler Randy Orton.

Copyright 116

Copyright Fair Use Licensing Blogging 116

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Although privacy invasion has been the main topic of discussion in this virtual context, there is another issue at hand: copyright infringement. The rights of speakers, organisers, and participants under Indian copyright law will be discussed in this Article, which will explore copyright concerns connected to webinars.

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Fair Use Ownership Licensing Copyright 52

IP and Legal Filings

MARCH 19, 2025

Furthermore, A legal notice had been issued to Nayanthara by Dhanush prior to the usage of the clip, stating the consequence of using the BTS would be a ten-crore lawsuit, which Nayanthara openly neglected by incorporating the said footage in the trailer of the documentary. ” This did not amount to infringement as it was inspired work.

Copyright Law 59

Copyright Law Copyright Law Fair Use 59

Biswajit Sarkar Copyright Blog

JULY 19, 2022

What is copyright infringement? Unauthorized use of a work protected by copyright is referred to as copyright infringement. In this blog we will take a look at best practices to avoid copyright infringement. In this blog we will take a look at best practices to avoid copyright infringement.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

Technology & Marketing Law Blog

OCTOBER 25, 2023

Instead, she gets a 12(b)(6) dismissal based on fair use. Purpose and Character of Use. Plus, the tattoo affected the fair use analysis because it established the impossibility of competitive tension between the tattoo artist and Netflix. WWE 2K Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik

Blogging 98

Blogging Copyright Fair Use Copyright Infringement 98

Technology & Marketing Law Blog

AUGUST 12, 2021

Fair use : The court also grapples with fair use. Citing to Barcroft and McGucken , the court says that the “photograph itself is the subject of the story” so this weighs in favor of fair use. The third factor cuts against fair use since the entirety of the video was used. United Sports.

Social Media 140

Social Media Copyright Fair Use Licensing 140

Technology & Marketing Law Blog

APRIL 6, 2022

Fair use is also an issue best left for trial : Newsweek also argued fair use. In-Line Linking May Be Copyright Infringement–Goldman v. Court Definitively Rejects AFP’s Argument That Posting a Photo to Twitter Grants AFP a License to Freely Use It — AFP v. Breitbart News. Google and Amazon.

Licensing 133

Licensing Fair Use Blogging Copyright 133

43(B)log

MAY 19, 2023

Roblox sued for copyright infringement, false advertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and false advertising and unfair competition under California law.

Copying 94

Copying False Advertising Social Media Advertising 94

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. All of these facts placed Defendant on actual notice that it was highly likely that, in fact, Plaintiff’s Sticker Sheet was not infringing the Subject Design.

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Registration Fair Use Copyright Design 132

Technology & Marketing Law Blog

APRIL 22, 2024

Due to the fact-specific nature of doctrines like implied licenses and fair use, it’s possible the Hayden and Orton jury verdicts are consistent with each other. WWE 2K Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik Warner Bros. 2K appeared first on Technology & Marketing Law Blog.

Licensing 98

Licensing Copyright Blogging Fair Use 98

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. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. 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

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. Nonetheless, Shah has not alleged authorship under current Seventh Circuit law and the Court dismisses his copyright infringement claim. (To

Copyright 124

Copyright Fair Use Licensing Ownership 124

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. Question 2 gave us some clues.

Copyright 135

Copyright Ownership Social Media Licensing 135

Kluwer Copyright Blog

JANUARY 9, 2023

Goldsmith: The Supreme Court Revisits Transformative Fair Uses by Pamela Samuelson. Supreme Court ruled that Campbell’s creation of a rap parody version of a popular Roy Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message.

Copyright 95

Copyright Blogging Fair Use Reporting 95

SpicyIP

OCTOBER 28, 2022

As reported on Entrackr , Pocket FM has filed a copyright infringement case against Kuku FM before the Delhi High Court. Pocket FM alleges that Kuku FM has violated its copyright by providing audio summaries of books to which Pocket FM has exclusive rights to create audiobooks. Image from here. The matter is still being heard.

Copyright 126

Copyright Copyright Infringement Licensing Fair Use 126

Velocity of Content

MARCH 16, 2023

I speculated that this was an attempt to avoid a messy fair use dispute. As I also mentioned, Microsoft’s lawyers seem to think that fair use excuses copying for AI purposes everywhere, so I would expect Microsoft to try that defense here, given its lack of other arguments. is being used as code.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

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. Bungie’s early attempts to obtain information from Google/YouTube ran into trouble.

IP 145

IP Copyright Copyright Infringement Music 145

Velocity of Content

JANUARY 31, 2023

Also sued were a confusing mishmash of for profit and non-profit related entities all using a variation of the name OpenAI (OpenAI, Inc., A material breach of a copyright license can give rise to an infringement claim, so this is an interesting move. OpenAI, LLC, OpenAI Startup Fund GP I, L.L.C.; you get the picture).

Licensing 98

Licensing Fair Use Journalism Publishing 98

SpicyIP

JANUARY 13, 2025

Do robust defences such as freedom of speech, right to livelihood, public interest, and fair use offer absolute protection against infringements? Lemley and Peter Hendersons recent paper shifts the GenAI debate towards the terms of use attached to these models. DHC Directs CIC to Disclose a Ph.D

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Personality Rights Trademark Registration Artwork 52

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

IP and Legal Filings

JULY 21, 2022

However, copyright laws were enacted with necessary exceptions and limitations to ensure that a balance is maintained between the interests of the owners and of the community. The most universal limitations to the rights of the owner are the right to copy insubstantial parts and the right of fair dealing or use.

Copyright 98

Copyright Licensing Higher Education Copying 98

SpicyIP

FEBRUARY 17, 2023

And Ors v Alexandra Elbakyan and Ors in the Multiverse of Substantive Copyright Arguments Tanvi Agarwal Image from here Back in December 2020, three major publishing houses had filed a copyright infringement suit against ‘Sci-Hub’ and ‘Libgen’ in the Delhi High Court. What about royalties and consideration?

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

Copyright Lately

OCTOBER 6, 2024

In that case, the court ruled in Adjmi’s favor because 3C was a parody of the sitcom and protected by fair use. But the plaintiffs in the Stereophonic case are suing over what they claim is the copying of real-life events, which makes proving copyright infringement much harder.

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Art Copyright Copying Copyright Law 126

Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. The plaintiff gets an expensive lesson in the law of derivative works. * * * UIRC offers bonds using a private placement memorandum (PPM) and an indenture of trust. See, e.g., White v. See also Prof.

Copyright 71

Copyright Copying Copyright Infringement Editing 71

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

But Lewis thought the song was a rip-off of “I Want a New Drug” and asserted a copyright infringement claim against Columbia Pictures. ” 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.

Copyright 145

Copyright Cinema Copying Copyright Infringement 145

SpicyIP

SEPTEMBER 4, 2023

The court held that it cannot decide at an interim stage on the question of whether an injunction can be obtained in the light of Sections 41 and 14 of the Specific Relief Act, read with Section 27 of the Contract Act.

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Cease and Desist Patent Prosecution Trademark Derivative Work 105