Kluwer Copyright Blog

APRIL 15, 2024

It covers some of the basics on open source AI focusing on its definition and legal challenges. The exact definition of what constitutes open source AI is still subject to discussion. Finally, the Open Source Initiative (OSI) is currently working on a definition for open source AI. Its “ Open Source AI Definition – draft v.

Licensing 105

Licensing Social Media Contracts Privacy 105

Plagiarism Today

JANUARY 3, 2022

While there are far too many for any single list, here are 5 copyright stories that you should definitely watch in 2022. This came to a head in 2017 when the filmmaker Rick Allen sued the State of North Carolina over alleged illegal copying of footage he shot of Blackbeard’s sunken ship. 1: The Copyright Small Claims Court.

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Copyright Public Domain Registration Social Media 279

Plagiarism Today

APRIL 4, 2022

In some types of programming, especially when there’s only one correct way to do something, copying code isn’t just a shortcut, it’s the norm. Many lawyers also copy and paste heavily in the legal documents in a bid to meet the criteria there. So, what, if anything, can we do? There’s not much that can be done on the macro level.

Plagiarism 279

Plagiarism Social Media Contracts Copying 279

43(B)log

MAY 19, 2023

Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side.

Copying 94

Copying False Advertising Social Media Advertising 94

TorrentFreak

OCTOBER 4, 2022

The French streaming site actively campaigns on social media where it has booked some impressive results. That kind of social media exposure is unprecedented for a pirate site and it definitely helped to get more viewers to the platform. TikTok Views. WishFlix nailed the first part of that equation.

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Social Media Advertising Advertising Copying 143

Erik K Pelton

OCTOBER 28, 2022

Trademark registration is not a necessity, but it’s a real value to protect from someone else trying to come after the name, and gives you tools if someone else copies the name. That is the definition of what a brand is. We find that many musical artists overlook this step and fail to protect, and that can lead to problems.

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Trademark Music Social Media Branding 147

LexBlog IP

OCTOBER 28, 2021

A recent California District Court ruling affirmed that Perfect 10’s ruling applied to the embedding of images from social media onto third party websites. the user name and image, user caption, number of likes, and branding of the social media platform). Amazon.com, Inc., What is Embedding?

Social Media 52

Social Media Copyright Copyright Infringement Copying 52

JIPEL Copyright Blog

APRIL 26, 2021

However, an equally long list of controversies accompanies this list of accomplishments, the majority of which involve alleged copying. This pattern begins as far back as May of 2018, when Bernstein was accused of copying pieces from several smaller jewelry lines for a collaboration she did with Nordstrom.

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Social Media Copying Brands Branding 52

LexBlog IP

AUGUST 17, 2023

This ultimately means that when a copy of an image is not stored on a computer’s servers but merely “embedded” onto a website, search engine, etc., This ultimately means that when a copy of an image is not stored on a computer’s servers but merely “embedded” onto a website, search engine, etc.,

Social Media 52

Social Media Copyright Copying Copyright Infringement 52

Copyright Lately

SEPTEMBER 29, 2024

It looks like Jake from State Farm is definitely going to blow through his deductible, as the insurance giant lost its bid to declare game over on a lawsuit brought by video game publisher Atari Interactive. A screenshot from the (now deleted) social media video at the center of the controversy.

Fair Use 110

Fair Use Copyright Artwork Social Media 110

TorrentFreak

DECEMBER 20, 2023

Watch UFC Free” These people also brazenly advertise on social media platforms to attract viewers to their pirate websites, with slogans on social media sites such as “Watch UFC Free,” McKnight notes. That includes those who register new accounts. law, but that’s not a given.

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Social Media Advertising Advertising Law 125

The TTABlog

JANUARY 9, 2023

The record also included use of the phrase other than in connection with goods included in the subject application: for example, media articles, social media posts, and podcasts. However, the starting point for registration is the statutory definition of a trademark. 15 U.S.C. §§ 1051, 1127.

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Trademark Social Media Registration Copying 140

Copyright Lately

NOVEMBER 3, 2023

Hanagami first sued Epic in March 2022 over the Fortnite emote “ It’s Complicated ,” which Hanagami claims is an unauthorized copy of the choreography he published for the 2017 song “ How Long” by Charlie Puth. As always, let me know what you think in the comments below or @copyrightlately on social media.

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Copyright Copying Social Media Music 119

TorrentFreak

MARCH 12, 2025

Of the notices that were sent to online services such as social media platforms, 98% resulted in suspensions of the pirated streams. The lack of definition for other providers could use more context, for example. For Dedicated Server Providers, which received the most notices, the suspension rate is notably lower: 11%.

Reporting 57

Reporting Social Media Copyright Copyright Infringement 57

Michael Geist

MARCH 14, 2023

Canadian Heritage Minister Pablo Rodriguez is on the defensive as he tries to defend Bill C-18 in the wake of both Google and Facebook signalling that they may remove Canadian news from search results and social media sharing in light of the government’s approach that creates mandated payments for links.

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Social Media Government Copying Business 98

TorrentFreak

DECEMBER 17, 2022

On social media platforms and elsewhere, Z-Library users openly discussed what to do next. is behind this request but it’s definitely unusual, as pirate sites generally don’t hold copyrights to the content they host. “This Website is copying my client’s content daily without any consent.

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Social Media Copying Reporting Copyright 133

Copyright Lately

FEBRUARY 23, 2025

Now, on Tuesday, a Los Angeles federal courtroom will host another major copyright trial as plaintiff Buck Woodall tries to convince a jury that Moana was copied from his unproduced project, Bucky the Surfer Boy. Meanwhile, last month, Woodall filed a separate lawsuit over Moana 2 , claiming that the sequel also copied Bucky the Surfer Boy.

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Copying Copyright Social Media Plagiarism 67

Copyright Lately

SEPTEMBER 12, 2021

But in 2018, Bell ran a Google reverse image search in an effort to locate unauthorized copies of his photo. He found that a copy was located in a VisitUSA database folder. For some strange reason, the photo was in a folder containing images of Mobile, Alabama, not Indianapolis, which only underscores how hidden the image really was.

Copying 107

Copying Social Media Copyright Copyright Infringement 107

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court then moves on to consider Viacom’s copyright infringement claim.

Blogging 111

Blogging Social Media Television Fair Use 111

TorrentFreak

MARCH 6, 2024

Many of the large social media platforms stick to these rules but, according to a lawsuit filed by several prominent music companies last year, X is not among them. “Any feature that makes a service easier for all of its users will, by definition, also make the service easier for bad actors.

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Music Copyright Infringement Social Media Copyright 127

Technology & Marketing Law Blog

SEPTEMBER 18, 2021

” Perhaps the plaintiffs were concerned that Instagram has insufficient “volition” for the copies made by its servers; or perhaps Instagram can claim the 512 safe harbor for any embedded user-uploaded files (but the 512 safe harbor also applies to contributory infringement, so this theory isn’t very plausible).

Copyright 126

Copyright Copyright Infringement Social Media Licensing 126

Copyright Lately

NOVEMBER 21, 2021

.” Based on his reserved screenplay publication rights, there’s no question that Tarantino is permitted to sell copies of the “Pulp Fiction” screenplay. A used copy will set you back $1.09; for reasons unknown, a new copy is going for $113.03—In You can buy one right now on Amazon. (A

Copying 129

Copying Non-Fungible Tokens Contracts Copyright 129

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. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 98

Blogging Copying Social Media Copyright 98

TorrentFreak

DECEMBER 8, 2022

” The company doesn’t believe that its service is a cyberlocker under the Commission’s own definitions. A copy of the European Commission’s third Counterfeit and Piracy Watch List is available here (pdf). Social media. Mega had no opportunity to correct their misunderstandings.” Cyberlockers.

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Music Reporting Social Media Publishing 144

Copyright Lately

MARCH 6, 2022

levitating by dua lipa is a copy of don diablo by miguel bose and you can’t change my mind. As a result, coincidental copying is, in fact, a thing. And experts hired by the parties are of limited value because they’re, by definition, advocating on behalf of one side or the other. — elizabeth ?

Copyright Infringement 94

Copyright Infringement Copyright Music Social Media 94

Biswajit Sarkar Copyright Blog

FEBRUARY 11, 2022

People have become less dependent on print media and more likely to use a digital medium such as computerized documents of soft copies. Firstly, take the example of social media. With the advent of social media, anyone can post anything on it. Kind of Copyright Infringement. Indian Scenario.

Copyright Law 52

Copyright Law Copyright Law Social Media 52

IP and Legal Filings

JANUARY 27, 2025

AI has increasingly been used to create literary, artistic and musical works, circulating all over social media, and it has become the gateway for the general public to the domain of AI. Therefore, under this definition, the person who created the prompt for the AI shall be given the title of the owner.

Intellectual Property 104

Intellectual Property Music Art IP 104

Kluwer Copyright Blog

SEPTEMBER 28, 2022

Starting from those technical definitions, the notion of portability made its way into the 2016 General Data Protection Regulation (GDPR). Think of social media or cloud storage services that involve uploading and sharing original texts, images, music or audio-visual clips. But often does not mean always!

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IP Contracts Social Media Copying 94

Copyright Lately

JANUARY 23, 2023

Stable Diffusion Doesn’t Store Copies of Training Images The complaint also mischaracterizes Stable Diffusion by asserting that images used to train the model are “stored at and incorporated” into the tool as “compressed copies.” None of it includes copies of images. The Copyright Act Definition is Broad, But.

Derivative Work 113

Derivative Work Art Copying Fair Use 113

43(B)log

SEPTEMBER 8, 2021

True, “generic” and “descriptive” are separate legal definitions along the distinctiveness spectrum. Even if this evidence were relevant, the definitions of “generic” and “descriptive” were overlapping and confusing. By the Poret Survey’s own definition, those terms are therefore generic.

Copying 83

Copying Marketing Marketing Social Media 83

Copyright Lately

FEBRUARY 6, 2022

From an archived copy of HitPiece’s FAQ. A number of the executives’ social media posts also appear to have been deleted, including photos of a launch party HitPiece held at Art Basel in Miami, for which it hired Artz, Busta Rhymes, Noreaga and MurdaBeatz to perform. I’d love you get your take.

Music 99

Music Artwork Social Media Intellectual Property 99

IPilogue

AUGUST 16, 2022

August asserts that the Defendant, AirG Inc, a Canadian social media brand, committed copyright infringement by reproducing six of Pugliese’s Jennifer Lopez photos on their website without permission. They sought $22,412.45 in damages, which is the total license fee for the photos.

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

Velocity of Content

SEPTEMBER 9, 2021

In this post, I’m looking at the vast domain of the YouTube video & social media platform —which, lest we forget, is a major division of Google/Alphabet — and how its copyright aspect manifests in options for individual contributors (“YouTubers,” in the jargon). YouTube is no different in that respect.

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Copyright Social Media Licensing Publishing 113

Kluwer Copyright Blog

OCTOBER 3, 2023

2000) (“ copying an entire work militates against a finding of fair use. ”). To create its product, Clearview scraped billions of publicly available photos from websites and social media platforms. Such class actions can be considered part of the evolution of the regulatory landscape dedicated to Generative AI.

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Fair Use Privacy Copyright Technology 137

Copyright Lately

AUGUST 10, 2021

The court rejected H/E’s assertion (as well as those of its expert witnesses) that the new mascot costume was a “slavish copy” that wasn’t original enough to qualify as a derivative work. As always, if you have any comments, feel free to drop me a line below or on your favorite social media platform @copyrightlately.

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Derivative Work Copyright Reporting Settlement 106

Copyright Lately

MAY 6, 2022

The first thing that’s important to understand is that buying a copy of a creative work, even if it happens to the only copy in existence, doesn’t give you any copyright interest in the work. So, if you buy a copy of “Dune,” you can read it. Definitely. Buying Objects ? Buying Copyrights.

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Derivative Work Licensing Artwork Contracts 95

Technology & Marketing Law Blog

DECEMBER 27, 2023

Moreover, contrary to The Satanic Temple’s novel argument, domain registration is not the same as registration for a social media website.” But none of those cases outright hold that there is a blanket rule for whether using a mark in a keyword purchase is definitively infringement or definitively not infringement.

IP 98

IP Advertising Advertising Copyright 98