43(B)log

AUGUST 11, 2021

Atlantic Monthly first published Twain’s work, credited to him alone, in 1874. No evidence of express consent; is telling it in front of him implied consent for him to publish it in his name w/no payment? Did Twain make fair use? He also sets the scene, so 20% is that, but 80% is her words as he remembered them.

Ownership 45

Ownership Moral Rights Copyright Publishing 45

JIPL Online

MARCH 19, 2021

On November 11, 2020, the Amazon-owned live streaming platform Twitch quietly published a post titled “Music-Related Copyright Claims and Twitch” to the site’s official blog. [i] In this scenario, content creators disproportionately bear the costs of avoided litigation and asserting their fair use rights.

Music 76

Music Copyright Licensing Fair Use 76

Technology & Marketing Law Blog

AUGUST 7, 2023

I’m pleased to announce the 2023 edition (14th edition) of my Internet Law casebook, Internet Law: Cases & Materials. For my thoughts about self-publishing an ebook casebook, see this article. .” Verio ruling (both the contracts and TTC portions) and the Hamidi ruling. Contracts Meyer v. Uber (2d Cir.)

Editing 52

Editing Law Contracts Privacy 52

43(B)log

FEBRUARY 4, 2023

Hughes: if publisher can’t get sequel rights, then it will insist on getting the film rights and impoverish authors. Said: Framing it as “the woman question” is rhetorically tricky and still positions women as the problem—why not “the copyright question: woman edition”? Sometimes add content warnings instead of edits.

Copyright 64

Copyright Editing Settlement Music 64

Kluwer Copyright Blog

MAY 15, 2024

UpstateNYer, CC BY-SA 3.0 , via Wikimedia Commons The forthcoming article “Creation and Generation Copyright Standards” to be published in NYU JIPEL 2024 (see pre-publication version here ) analyses and critiques the different standards for copyright eligibility between expressive works and generative products in the U.S. copyright law.

Copyright 55

Copyright Fair Use Copyright Law Editing 55

43(B)log

SEPTEMBER 7, 2023

Gannett did not use the screenshot of the Sowers photo on Ad Meter, but instead on webpages promoting Ad Meter. Each publisher defendant separately determined which content it accessed on Presto to use for its websites and in its publications; their webpages that included the screenshot of the Sowers photo would have displayed ads.

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

Kluwer Copyright Blog

MARCH 6, 2023

But training these tools requires the ability to reproduce and mine newspaper articles and other texts written in African languages, which some publishers have refused permission to use. The project is therefore studying their rights to make unauthorized research uses under African copyright law. HathiTrust, 755 F.3d

Copyright 120

Copyright Social Media Publishing Licensing 120

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

Kluwer Copyright Blog

JUNE 26, 2024

courts indicate, one of the crucial issues is whether online content and information, often behind paywalls or otherwise protected by IP, can be used to train large language models (LLMs) and whether AI companies can rely on the fair use doctrine. As dozens of copyright lawsuits filed in U.S.

Copyright 102

Copyright Content Creation Fair Use Technology 102

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Two weeks ago, former President Donald Trump filed a lawsuit against journalist Bob Woodward and his publisher, Simon & Schuster (and its parent company Paramount Global, formerly known as Viacom-CBS), in U.S. The audiobook is also published on CD, and transcripts were published in paperback and ebook formats.)

Copyright 121

Copyright Blogging Publishing Fair Use 121

43(B)log

OCTOBER 4, 2021

The court found that this was nominative fair use, which provides a defense in the Ninth Circuit when a trademarked product or service isn’t readily identifable without use of the mark, the use is no greater than necessary, and the defendant does nothing else to suggest confusion. Example from recent case: Abrahams v.

IP 94

IP Trademark Advertising Advertising 94

LexBlog IP

JANUARY 10, 2024

But, regardless of such international considerations and whether or not interviews were within the scope of presidential duties, the interviews as published may not qualify as such works because they were not “prepared” in the copyright sense by Donald Trump as President, who did not himself fix them in a tangible means of expression.

Ownership 52

Ownership Copyright Government Intellectual Property 52

Technology & Marketing Law Blog

JANUARY 24, 2023

Actualizing the fears of a capricious and thin-skinned Internet publisher calling content moderation shots. I have explained in detail how mandatory editorial transparency laws enable government censorship, both by prospectively channeling publisher behavior and through post hoc enforcement threats. (It’s CA AB 587.

Law 115

Law Social Media Government Privacy 115