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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Plagiarism Today

SEPTEMBER 28, 2021

” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works. In addition to the above fair use issues, there is also one other to consider: The Digital Millennium Copyright Act (DMCA). 3: The Andy Warhol Ruling.

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Plagiarism Today

MARCH 3, 2022

However, the lower court tossed the lawsuit, saying that the use was a fair use, and awarded the school some $10,266.37 3: Oracle, NEC Resolve Contract, Copyright Dispute Over Database Software. 3: Oracle, NEC Resolve Contract, Copyright Dispute Over Database Software.

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Plagiarism Today

SEPTEMBER 21, 2022

The judge also allowed overlapping breach of contract claims to move forward, setting the stage for a possible trial down the road. However, the court ruled that there are several elements in the case that could constitute infringement, setting the stage for a trial. 2: ISP Hopes to Defeat Record Labels’ Piracy Liability Claims at Trial.

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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.

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Blogging Contracts Fair Use Copyright Law 130

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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Plagiarism Today

AUGUST 2, 2021

In the case, Nicklen argued that a photographer or videographer that uses Facebook or Instagram to promote their content should not automatically give up the right to license it to third parties, such as Sinclair. The judge also ruled against Sinclair on the issue of fair use, saying that it was too early in the case to rule on that issue.

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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). W/o fair use, these tools are far more limited.

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Technology & Marketing Law Blog

JANUARY 18, 2025

Instead, XXL relied on a fair use defense, which works: Nature of use: “the video was the subject of the news story and because the article added new information and context about the contents of the video.” The court also says it can’t consider the evidence that Mediaite used embedding on a motion to dismiss.

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Plagiarism Today

APRIL 4, 2022

As gray area as the law can be, especially in areas like fair use and determining what is “substantially similar”, the law is codified, written down and has tomes of case law behind it. In April 2021, researcher Jess L Gregory published an article entitled “ Plagiarism as a Social Contract, a New Way to Approach Plagiarism ”.

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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.

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Kluwer Copyright Blog

JUNE 2, 2024

This statement sets out OpenAI’s vison for a ‘social contract for content in AI’. OpenAI expresses that it believes that learning constitutes fair use (see here ), referring to (unnamed) legal precedents, and implying that machine learning is equivalent to human learning processes (which it arguably is not, see here ).

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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.

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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).

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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.

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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.

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Copyright Law Copyright Law Fair Use 59

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.

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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.

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Blogging Fair Use Copyright Infringement Licensing 144

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.

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Technology & Marketing Law Blog

JUNE 2, 2022

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? This factor weighs against fair use. Also, see Q2 of my 2005 contracts law exam and the sample answer. Market Effect.

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Copyright Social Media Fair Use Licensing 145

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. The aim is to keep the storyline more or less intact yet despite obvious drawbacks, millions of people enjoy watching them. Fast Movie Crackdown.

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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.

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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.

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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.

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Blogging Copyright Contracts Cease and Desist 98

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.

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Fair Use Cease and Desist Contracts Ownership 111

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. For this, Cramer demanded $10M dollars from Netflix (later dropped to $50k).

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Blogging Copyright Fair Use Copyright Infringement 98

Technology & Marketing Law Blog

APRIL 6, 2022

Fair use is also an issue best left for trial : Newsweek also argued fair use. Another Court Says Embedding Instagram Photos May Be Fair Use–Boesen v. The court notes that McGucken tried to introduce evidence of a quote from an “unidentified” Instagram representative made to Ars Technica. Google and Amazon.

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Licensing Fair Use Blogging Copyright 133

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.

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IP Law 360

FEBRUARY 11, 2025

The investigation by OpenAI and Microsoft into DeepSeek's artificial intelligence model raises interesting legal concerns involving intellectual property and contract law, including potential trade secret appropriation and fair use questions, say Saishruti Mutneja and Raghav Gurbaxani.

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Law Fair Use Intellectual Property Contracts 52

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]

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Copyright Contracts Copying Licensing 98

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.

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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. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. Warner Bros.

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Licensing Copyright Blogging Fair Use 98

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The court summarizes: “Meta claims that it raised issues with Plaintiffs, including “nominative fair use,” “commentary,” and “the un-likelihood of confusion based on the appearance of the marks in the actual marketplace, as they will be encountered by consumers.””

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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.

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Technology & Marketing Law Blog

DECEMBER 15, 2021

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. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici. * Biosafe-One v.

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The IPKat

APRIL 4, 2024

The disproportionate remuneration stemmed from contracts entered into with dominant players, especially in the music industry, and this has over time been a major source of worry for the South African government. The MITT and CRC found the Copyright Act to be inadequate in addressing the issues.

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TorrentFreak

APRIL 11, 2023

“We also got ourselves informed about ‘fair use’ under German law. We even appointed a lawyer, at our own cost, who did his own research and also came to the conclusion that what youtube-dl does is perfectly legal and covered by fair use,” Uberspace’s owner tells us.

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