IP and Legal Filings

FEBRUARY 15, 2023

The availability of a large variety of information has also increased the risk of Copyright Infringement due to its easy accessibility and dissemination. This has led to varying degrees of copyright infringements in this digital era. However, with more advantages, some disadvantages also come into play.

Copyright Law 93

Copyright Law Copyright Law Social Media 93

LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

Copyright 79

Copyright Fair Use Social Media Artwork 79

Copyright Lately

OCTOBER 24, 2022

The letter claimed that the director, an ad agency, and a popular theme park had all committed copyright infringement because a panda appeared in the background of their TV commercial. But if they appear on film without permission, even fleetingly, they could prompt a copyright infringement lawsuit.

Artwork 89

Artwork Copyright Infringement Copyright Art 89

Copyright Lately

OCTOBER 2, 2023

It’s time to start paying attention though, because a Delaware District Court judge just ordered this low-profile AI case to trial, largely denying the parties’ motions for summary judgment on copyright infringement and fair use (read the opinion here). These copies, Ross claims, are fair use.

Fair Use 92

Fair Use Copyright Copying Copyright Infringement 92

TorrentFreak

MAY 26, 2023

The number of removals runs in the hundreds of thousands during a typical month, without getting noticed by the public at large, but if Instagram users continue to post copyright infringing content, they risk losing their accounts. However, as often happens with popular media, pirated footage was readily available too.

Social Media 122

Social Media Copyright Infringement Ownership Fair Use 122

IPilogue

OCTOBER 1, 2022

Typically, tattoo aftercare instructions include strictly hygienic recommendations, but tattoo artist Kat Von D might have a unique suggestion: prepare to be an exhibit in a copyright infringement lawsuit. for copyright infringement under the Copyright Act of 1976. Sedlik (“Sedlik”) filed a complaint in the U.

Copyright Infringement 130

Copyright Infringement Fair Use Art Copyright 130

Copyright Lately

JUNE 2, 2022

In a 30-page order, the district court largely denies both parties’ motions for summary judgment, finding triable issues on substantial similarity and fair use. and High Voltage Tattoo) asked the court to determine that the use of Sedlik’s photo as a reference image qualified as a fair use of the copyrighted work.

Fair Use 103

Fair Use Social Media Copyright Copyright Infringement 103

TorrentFreak

APRIL 7, 2024

Aside from addressing copyright infringements in an automated fashion, the Content ID system brings in billions of dollars in revenue. Many rightsholders choose to monetize copyright-infringing videos instead of taking them down, which can be quite lucrative. This approach was initially controversial but not anymore.

Copying 93

Copying Copyright Infringement Fair Use Social Media 93

Technology & Marketing Law Blog

JUNE 2, 2022

She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. Here is Sedlik’s photo and Kat Von D’s tattoo rendering on Farmer: Infringement. ” As for whether the tattoo is substantially similar to the copyrighted elements of the photo, the court sends the issue to the jury. .”

Copyright 143

Copyright Social Media Fair Use Licensing 143

TorrentFreak

MARCH 19, 2024

Instead of alleging concrete copyright infringement by end users, the technology itself is framed as copyright-infringing. “At most, The Times’s allegations establish Microsoft’s awareness that someone could use a GPT-based product to infringe. Instead, it mostly sticks to its original claims.

Copyright Infringement 92

Copyright Infringement Television Copying Copyright 92

IP and Legal Filings

JANUARY 13, 2023

Copyright infringement and De Minimis are often replaced to complement each other. However, de minimis is sometimes used as a defence in a copyright lawsuit. More often than not, the lawsuits filed for copyright infringement are cases of de minimis and thereto, get dismissed on the anvil of frivolity.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

Copyright Lately

DECEMBER 29, 2021

Last year, it was the Ninth Circuit’s reversal of a pleading-stage dismissal by Central District of California Judge Consuelo Marshall, which (correctly in my view) found that similarities in stock and unprotectable pirate genre elements such as battles at gunpoint and jewel-filled caves couldn’t support a viable copyright infringement claim.

Copyright 113

Copyright Fair Use Social Media Copying 113

Copyright Lately

SEPTEMBER 26, 2022

That order actually topped my list of the 5 Worst Copyright Decisions of 2020 because, by sending the case to a jury, the court effectively ruled that anyone with a tattoo is not in control of the uses to which his or her likeness is put. Some of Randy Orton’s tattoos from Catherine Alexander’s copyright applications.

Fair Use 87

Fair Use Licensing Ownership Copying 87

JIPL Online

APRIL 9, 2021

In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale. 511, 523 (2012).

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

OCTOBER 3, 2023

The Common Crawl dataset is owned by a non-profit, which makes the data available to the public for free — but it is intended to be used for research and education and, according to the plaintiffs, it was never intended to be turned into an AI product for commercial use (see here and here ). 4th 1149 (9th Cir. 3d 723, 743 (9th Cir.

Fair Use 134

Fair Use Privacy Copyright Technology 134

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? The court then moves on to consider Viacom’s copyright infringement claim.

Blogging 93

Blogging Social Media Television Fair Use 93

Technology & Marketing Law Blog

SEPTEMBER 18, 2021

In a weird turn, the plaintiffs only pursued a contributory copyright infringement theory against Instagram, where the incorporating websites are the direct infringers and Instagram facilitates their infringement. Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act.

Copyright 117

Copyright Copyright Infringement Social Media Licensing 117

Copyright Lately

MAY 17, 2021

And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. The Supreme Court’s seminal fair use decision, Campbell v.

Fair Use 96

Fair Use Copying Television Social Media 96

SpicyIP

OCTOBER 11, 2021

Fair dealing requirements under Indian law are quite broad, but one would assume they are purpose built for circumstances like this, where short clips from Aaj Tak have been taken and critical commentary added to it by Newslaundry. New Social Media Rules, But No Clarity for Copyright Claims.

Copyright 105

Copyright Social Media Copyright Infringement Copyright Notice 105

IP Tech Blog

AUGUST 15, 2022

copyright infringement by MoneyBags). Then, the court must balance the equities by weighing the potential harm to the party seeking disclosure against the speaker’s interest in anonymity, in light of the strength of the underlying copyright infringement claim. If the use is fair, it is not infringement.

Fair Use 62

Fair Use Copyright Infringement Copyright Marketing 62

The IPKat

DECEMBER 20, 2023

by Despoina Dimitrakopoulou Recently, the news of reggaeton mega-star Bad Bunny's eloquently put disappointment spread on social media, bringing up interesting questions concerning music creation using AI. Did the track infringe Bad Bunny's rights? Bad Bunny was also disappointed.

Music 70

Music Social Media Copying Derivative Work 70

Copyright Lately

SEPTEMBER 12, 2022

Unfortunately, however, Section 113(c) is like the Generation X of copyright law—it’s remarkably useful, underrated, and largely overlooked—even by copyright lawyers and judges. Vila later filed a lawsuit for copyright infringement against Deadly Doll based on the unauthorized reproduction and distribution of his photo. .

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. July 17, 2023).

Blogging 96

Blogging Copying Social Media Copyright 96

IPilogue

OCTOBER 28, 2021

In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. The Act defines a “useful article” as having a utilitarian function, which encompasses most clothing. DIY Tricks?

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? The current Stable Diffusion model uses about 5 gigabytes of data. None of it includes copies of images. Stability AI Ltd.

Derivative Work 106

Derivative Work Art Copying Fair Use 106

43(B)log

JUNE 26, 2023

16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. Media critics allegedly readily observed that the new show was “a clone of A&E’s Live PD,” and that “On Patrol: Live is Live PD.” Fan reactions on social media included “Ok.

Social Media 57

Social Media Copying Fair Use Advertising 57

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.

Registration 113

Registration Fair Use Copyright Designs 113

Kluwer Copyright Blog

FEBRUARY 2, 2023

A journalist used Midjourney to illustrate an article in The Atlantic and was attacked on social media for not hiring an illustrator. Text and data mining There is wide disparity in the scope of exceptions in national copyright laws permitting copying for the use of training AI.

Copyright 145

Copyright Art Fair Use Registration 145

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. It’s usually on the receiving end of the “I came up with it first!”

Music 102

Music Derivative Work Fair Use Cease and Desist 102

IP and Legal Filings

APRIL 19, 2022

It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Copyright infringement cases on the internet have increased because the internet has become more widely available. Legal Framework governing take down notice.

Copyright Law 74

Copyright Law Copyright Law Copyright Infringement 74

The IPKat

JULY 9, 2023

Chapter 3 is entitled "Copyright within the street art and graffiti circles". This chapter examines whether street artists and writers are interested in copyright. Would they be prepared to take legal action for copyright infringement if someone exploited or copied one of their works?

Art 56

Art Copyright Moral Rights Cease and Desist 56

Copyright Lately

AUGUST 2, 2021

That’s because, according to Instagram, embedding doesn’t constitute an act of direct copyright infringement in the first place. Providing these HTML instructions, per the server test, isn’t equivalent to displaying a “copy” of the image. Therefore, there’s no direct infringement. In the meantime, a copy of Nicklen v.

Copying 98

Copying Copyright Technology Licensing 98

LexBlog IP

OCTOBER 25, 2023

Larson also sought a declaration that she owns the copyright to The Kindest and that the letter in the short story does not infringe Dorland’s copyright. Dorland counterclaimed for copyright infringement, claiming that Larson’s use of Dorland’s letter was a violation of intellectual property law.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

Copyright Lately

MAY 1, 2023

The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model. It isn’t human-readable and does not contain copies of any audio recordings. But once created, the voice model is just a set of parameters.

Music 84

Music Copyright Copying Copyright Law 84

SpicyIP

DECEMBER 20, 2023

With further ado, here’s what I found in Novembers: Database Protection in India: Since Prof Basheer’s 2005 post about the inaccurate implication of the theft of data as copyright infringement, to 2023, not much seems to have changed. The Indian courts have further clarified this issue. Feels like history is repeating itself.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

TorrentFreak

OCTOBER 1, 2023

In our brave new world where millions of ordinary people are copyright holders of snaps they publish to social media or videos they upload to YouTube, awareness of copyright law is at an all-time high. ” and “Is it copyright if nobody knows I copied a song and changed it so it sounds nothing like the original?”

Fair Use 95

Fair Use Copyright Copying Copyright Infringement 95