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

43(B)log

AUGUST 11, 2021

Twain thought he should have ownership of his lectures—“my lecture was my property.” 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. Searching for any surviving descendants. Random House (NY Ct App 1968).

Ownership 45

Ownership Moral Rights Copyright Publishing 45

Technology & Marketing Law Blog

JANUARY 25, 2023

Here’s an example of a subject photo from his complaint (which, based on this ruling, I’m now confident he can’t sue me for; plus fair use), with some pretty obvious photography flaws: His copyright claims raise a simple but troubling question: who owns the photos taken with his camera?

Copyright 124

Copyright Fair Use Licensing Ownership 124

SpicyIP

FEBRUARY 17, 2023

SpicyIP intern Tanvi Agarwal brings us up to date on the last two orders (see here and here ) regarding amendments that the defendants wanted in the written statement, and the dismissal of the application to reject the plaint. Tanvi is a second-year student pursuing BA LLB at the National University of Juridical Sciences.

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

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

Technology & Marketing Law Blog

MAY 27, 2023

” I sense the court was overwhelmed by the complexity of music licensing, where there are layers upon layers of agreements over the initial ownership of the work, subsequent ownership transfers, distribution licenses, designations of enforcement agents, and voluntary uploads of the works by one or more people in the chain.

Ownership 81

Ownership Licensing Copyright Fair Use 81

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.

Registration 132

Registration Fair Use Copyright Design 132

SpicyIP

MAY 18, 2022

As is being argued in the Nike case, it may also be argued that virtual goods are nothing but a representation / proof of ownership of a physical product.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

IP and Legal Filings

NOVEMBER 11, 2022

Though your work is automatically protected by copyright the moment it is created, voluntary registration will provide proof of ownership, which can save you time and money in case of a dispute later on. For example, quoting a small portion of a work in a scholarly article is considered non-infringing fair use. Conclusion.

Copyright 52

Copyright Fair Use Registration Ownership 52

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

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Implied-in-Law Contract/Unjust Enrichment. physical property), not intangibles.

Licensing 105

Licensing Copyright Contracts Advertising 105

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

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

CoCal IP Law Institute

NOVEMBER 8, 2023

Please join us on Monday, November 13, 2023 at Noon, where we will discuss the issue of master ownership and the legal copyright conflicts between record labels and artists. Taylor Swift may be the first to make this copyright issue truly public, leaving fans wondering who really owns Swift's music and why. She says she [.]

Copyright Law 52

Copyright Law Copyright Ownership Law 52

Art Law Journal

JUNE 28, 2018

Buying visual art, such as an oil painting, and we may have joint ownership along with its creator. Steve Schlackman. So what did we really buy?

Art 52

Art Ownership Fair Use Copyright Infringement 52

43(B)log

FEBRUARY 4, 2023

Hughes: increasing registrations for women at the © office compared to other metrics where women are disadvantaged—ownership of stock, real property, presence on corporate boards, patent ownership which then translates to being in a startup. Said: ownership records; interview a few repeat players. Would it allow fair use?

Copyright 49

Copyright Editing Settlement Music 49

IIPRD

JUNE 9, 2024

This will give recognition to those persons and provide them with ownership rights for that intellectual activity. That may include decentralized content creation platforms, IP registries on a blockchain, and smart contract licensing systems. These rights are crucial for the development of innovation and intellectual creation.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Design 59

LexBlog IP

SEPTEMBER 15, 2022

NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items. They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer. Remedies: Are current statutory protections adequate to protect rights owners in NFT marketplaces?

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

IIPRD

FEBRUARY 25, 2022

NFTs have indeed transformed the world of digital assets and ownership, with sales as high as $2.47bn only 6 months into 2021. Tokenisation and Ownership of Digital Assets under NFTs. However, the issues of trademark infringement and fair use are fended off under the garb of interpretation and protection of art.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Ownership Intellectual Property 40

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 Brands 52

43(B)log

FEBRUARY 3, 2023

In 1963, Disney expressed skepticism about monopoly aspects of extended term and “expressed doubt that Congress would approve a longer ownership period.” Works almost like a fair use defense. Guy Rub, Revisiting the Copyright-Contract Conflict Most courts said that contracts were never equivalent to © rights.

Copyright 45

Copyright Copying Music Fair Use 45

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

AUGUST 4, 2023

RT: [So one factor that might be silent here is outsourcing/contracting: b/c the military no longer makes its own stuff and seems institutionally incapable of imagining that it might, it is dependent on outside contractors, and if they won’t do it, too bad. Many uses are noninfringing but not subject of direct case law.

Copyright 52

Copyright Fair Use Marketing Marketing 52

43(B)log

AUGUST 11, 2022

Our notions of contract/markets out of which the current rules arise are themselves influenced by androcentric notions. Social Uses of TM Stephanie Plamondon Bair, Clark Asay, and LaReina Hingson Early stage research on use of “TM” in casual social discourse. Relatedly: emphasize corporate aspects of a concept, e.g., Real ™.

IP 56

IP Copying Marketing Marketing 56

IIPRD

JANUARY 18, 2022

It has the ability to be one-of-a-kind and unrepeatable token that cannot be split but may be used to represent real or virtual world things, as well as the token’s own qualities and ownership, all while remaining within a blockchain representation. This endows NFTs with the unique qualities that make them so desirable.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Brands 40

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Implications: too much memorization undermines arguments in favor of fair use.

Social Media 40

Social Media Fair Use Advertising Advertising 40

SpicyIP

JANUARY 7, 2025

Image from here There is a certain hypocrisy in arguing that training models on the publics data is fair use but then seeking to prevent others from doing the same thing. The terms of use clarify the ownership of the output generated and how such output can (and cannot) be used. USA , Germany , Canada ).

Fair Use 59

Fair Use Copyright Ownership Contracts 59

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 105

Copyright Content Creation Fair Use Technology 105

IP and Legal Filings

DECEMBER 20, 2024

In contrast, a tussle on fair use and free speech would be activated if companies contest ownership in respect to trademarking hashtags. Parody and Fair Use A lot of social media culture is meme and parody related where creative distortion of trademarks occurs.

Social Media 102

Social Media Trademark Brands Branding 102

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

Copyright Lately

MARCH 6, 2023

The company also asserts copyright ownership in two “director’s statements” written by Coakley about the alleged on-set bullying, as well as in Coakley’s planned derivative project about the making of Runt. The Sixth Circuit ruled in Balsley’s favor, rejecting Hustler ‘s fair use defense.

Copyright 87

Copyright Derivative Work Fair Use Social Media 87

43(B)log

AUGUST 11, 2022

common ownership are reciprocal. And it’s not really joint ownership in the real property sense b/c there is always a way out of joint ownership—severance to turn it into tenancy in common, which limits the costs that holdout joint owners can impose on each other. Benefits: it’s about copyright, not contract, law.

Music 56

Music Copyright Ownership Derivative Work 56

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Third, is Trump’s claim of ownership barred by 17 U.S.C. 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? Issue 3: Is Trump’s claim of ownership barred by 17 U.S.C. This strikes me as the wrong result.

Copyright 131

Copyright Blogging Publishing Fair Use 131

Intepat

JANUARY 17, 2025

This instability has fostered skepticism toward copyright laws and calls for reforms to expand “fair use” criteria. It determines cases and limits of free use of the work for informational, scientific, educational, or cultural purposes. Thus, the contract is void.

Copyright 52

Copyright Copyright Infringement Copyright Law Publishing 52

LexBlog IP

JANUARY 10, 2024

That then plays off the rest of the title’s allusions to separating “subjects” from the “predicates” of copyright ownership, themselves words connoting the foundational elements of both “ any complete sentence ” and at times a court’s jurisdiction over infringement matters. ’” Id.

Ownership 52

Ownership Copyright Government Intellectual Property 52