Technology & Marketing Law Blog

OCTOBER 25, 2023

Instead, she gets a 12(b)(6) dismissal based on fair use. Purpose and Character of Use. ” The court doesn’t address the potential licensing market for the tattoo design. It’s nice to see the court use the Goldsmith case to cement the defense’s fair use win. Or the $50k.

Blogging 84

Blogging Copyright Fair Use Copyright Infringement 84

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.

Copyright 131

Copyright Music Artistic Work Contracts 131

IP and Legal Filings

NOVEMBER 11, 2022

A copyright of a work may belong to its creator or the employer of the creator, as it is defined in the contract between those two parties in advance. In China, certain reasonable or personal use of copyrighted works without permission or remuneration is permitted where the use falls within the scope of fair use.

Copyright 52

Copyright Fair Use Registration Ownership 52

IP and Legal Filings

JULY 21, 2022

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. Here, the Fair use doctrine does not define any boundary within which anything can be put, the list can be endless. No educational institution applied for any licenses till now.

Copyright 90

Copyright Licensing Higher Education Copying 90

Biswajit Sarkar Copyright Blog

NOVEMBER 19, 2021

Works made in one of the Contracting States are afforded the same level of security in all other Contracting States. Then, protection will be denied by other contracting states. In some instances, the copyrighted work is allowed to be used without authorization, in case of remuneration fixed by law.

Contracts 52

Contracts Artistic Work Fair Use Licensing 52

SpicyIP

MAY 2, 2022

You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? In response the Defendant claimed, “ fair use” and “ de minimis” use. Without prejudice, the Defendant also contended de-minimis use as the use was of a clip lasting less than a minute.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

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 claims to have an exclusive license from Manjul Publishing House, the publisher of translated titles, that holds the Hindi rights to these books. Image from here. The matter is still being heard.

Copyright 126

Copyright Copyright Infringement Licensing Fair Use 126

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.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

JIPL Online

MARCH 19, 2021

Given the disparity in negotiating power between a platform the size of Twitch and individual creators, Twitch is better situated to take on the burdens of negotiating a music licensing solution on behalf of all of the creators who drive traffic to their site. [i] million in 2020 from more than 55,000 subscribers. [x]

Music 76

Music Copyright Licensing Fair Use 76

Technology & Marketing Law Blog

DECEMBER 15, 2021

To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions.

Registration 113

Registration Fair Use Copyright Designs 113

Plagiarism Today

MARCH 3, 2022

First off today, Murray Stassen at Music Business Worldwide reports that musician Dua Lipa has been hit with a copyright infringement lawsuit that claims her 2020 hit Levitating is an infringement of an earlier song. However, the lower court tossed the lawsuit, saying that the use was a fair use, and awarded the school some $10,266.37

Settlement 214

Settlement Copyright Infringement Licensing Fair Use 214

43(B)log

AUGUST 11, 2021

Did Twain make fair use? There’s some transformation in organization; used entire work/market substitute so Cord wouldn’t be able to sell her narrative a publisher. If a household worker had listened to Twain tell a story and published it, would we think it was fair use? Crux: was Cord an author?

Ownership 44

Ownership Moral Rights Copyright Publishing 44

Velocity of Content

AUGUST 10, 2022

Having just read a new report from the UK’s Intellectual Property Office (IPO), this tradition is at serious risk. On the other hand, it clearly distinguishes those with an economic copyright interest from those without one while setting forth two clear paths for reuse: licensing for the former, copyright exception for the latter.

Law 116

Law Licensing Publishing Intellectual Property 116

Kluwer Copyright Blog

MARCH 6, 2023

In the same vein, studies by Piotr Przybyła et al and Alison O’Mara-Eves et al show the usefulness of AI and data mining for prioritizing and identification in Systematic Reviews. Many of the projects described below use this basic function of TDM in various specific applications. million abstracts. HathiTrust, 755 F.3d 3d 87 (2d Cir.

Copyright 118

Copyright Social Media Publishing Licensing 118

43(B)log

SEPTEMBER 7, 2023

15, 2023) This is a copyright suit against Gannett for advertising-like use of a photo taken by Campbell of NFL coach Katie Sowers; the photo came from a screenshot of an ad run by Microsoft that played during the Super Bowl. The Microsoft ad was licensed by Campbell and showed the photo at about the 40-second mark.

Advertising 57

Advertising Advertising Copyright Infringement Publishing 57

SpicyIP

AUGUST 30, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? In this guest post , Pragya Jain offers an independent analysis of the law in relation to comparative advertising and nominative fair use and applies it to analyse a recent YouTube commercial by Domex, a Hindustan Unilever Ltd. Other posts.

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

43(B)log

FEBRUARY 4, 2023

Have Black musicians been able to use copyright litigation to push back against cross-racial appropriation (Three Boys), is it equal (Campbell v. Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license. Would it allow fair use? Acuff-Rose), or is it worse? Who sues who?

Copyright 62

Copyright Editing Settlement Music 62

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

Copyright Lately

OCTOBER 25, 2021

The studio settled quietly out of court, so there’s no reported decision in this one. ” 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. ROMERO’S DAWN OF THE DEAD.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

43(B)log

AUGUST 11, 2022

But there weren’t reported lawsuits against Bollywood films. There’s no record of the judgment but there is contemporaneous reporting. Now, Bollywood copies Hollywood, but they use licenses—how does that compare? Banks wouldn’t give loans to filmmakers. Can the NFAI screen the movie? rights so now it can be shown.

IP 70

IP Copying Marketing Marketing 70

43(B)log

JUNE 30, 2023

If so, it would be more helpful to have transparency reports audited rather than risk assessment. Realistically, any audit report will take what companies have been doing as their point of departure and give them feedback on improving. Netflix isn’t covered by the DSA at all—licensed content provided by the producer.

Law 40

Law Licensing Reporting Litigation 40

SpicyIP

DECEMBER 30, 2023

The third category lists notable developments on the legislative and policy side and includes important amendments, proposals for amendments, release of policy notes and reports etc. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment?

Copyright 120

Copyright Blogging Publishing Fair Use 120

43(B)log

OCTOBER 4, 2021

At a more theoretical level, these algorithmically optimized registrations help show why applications have spiked so much—other important institutions, like Amazon and the Chinese government, are using the PTO for their own purposes. Example from recent case: Abrahams v. Simplify Compliance, LLC, 2021 WL 1197732, No. 19-3009 (RDM) (D.D.C.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

APRIL 7, 2023

4) Separating new regulatory expectations from underlying social contract around liability. Crops up in the US w/fair use—rightsholders don’t like the idea of fair uses. The Sony presumption of commercial use being unfair was rolled back in Campbell , but privatized © agreements override Campbell.

Due Diligence 52

Due Diligence Copyright Art Fair Use 52

43(B)log

AUGUST 11, 2022

A lot of exploitation situations occur where WFH is standard in the industry but there was no contract, and then a problem develops, but it would have been exploitative had they signed the standard contract without a legal problem. If objected to Trump use, 10% perceived support due to objection. In other conditions, 5%, 3.5%

Music 54

Music Copyright Ownership Derivative Work 54

Technology & Marketing Law Blog

JANUARY 24, 2023

As part of Musk’s ElonJet crackdown, he blocked journalists for reporting on the story. This was always a tough case involving possible conflicts between Section 230 and the Fair Credit Reporting Act. Actualizing the fears that Internet services will target journalists. Henderson v. Source for Public Data.

Law 115

Law Social Media Government Privacy 115