TorrentFreak

FEBRUARY 20, 2022

Some of McFree’s critical videos use copyrighted material owned by Watch Tower so in 2018, the group filed an application for a DMCA subpoena which asked a court to compel YouTube/Google to hand over his details. ” Fair Use Considerations. Overall then, the first factor weighs in favor of fair use.

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Technology & Marketing Law Blog

FEBRUARY 12, 2024

This is what I call a “commercial editorial use”–ad-supported editorial content. Courts routinely split on whether commercial editorial use is commercial for fair use purposes. The ridiculously low economic stakes of this case are what the CCB was designed to handle. Amount Taken.

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Velocity of Content

OCTOBER 27, 2024

As lawsuits mount against AI companies over copyright infringement – most recently with Dow Jones and NY Post suing Perplexity AI for “massive illegal copying,” Microsoft’s CEO Satya Nadella calls for more flexible copyright laws. ” This analogy fundamentally mischaracterizes how LLMs work.

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Copyright Lately

DECEMBER 29, 2024

In a January 2024 report and recommendation later adopted by the court , the magistrate judge found that the repost infringed the plaintiff’s display right simply because it shows a copy of the photo on Chicken Joes social media account. Fair Use Declawed. For that reason, Prepared Food Photos v. Netflix, Inc.

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Technology & Marketing Law Blog

FEBRUARY 11, 2025

[A surprising ruling from Judge Bibas (sitting as a district court judge by designation) in the Thompson Reuters v. 4) I disagree with the court’s application of the fair use transformative standard. Ross case, because he reverses himself on numerous points (all in favor of the copyright owner).

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Copyright Lately

AUGUST 19, 2024

The AI copyright and fair use trial in Thomson Reuters v. On Friday, August 23, jurors are scheduled to hear opening statements in the first trial to test whether using copyrighted data to train an AI program qualifies as fair use. Ross Intelligence may not be glamorous, but it will be groundbreaking.

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Plagiarism Today

OCTOBER 26, 2021

Costumes are considered “useful articles” and, similar to most of the fashion industry , does not qualify for any kind of copyright protection. . First, design elements that are “physically or conceptually separate” from the article can be protected. However, commercial use of costumes still raises legal questions.

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Copyright Lately

JANUARY 23, 2024

She’s actually listed as a witness for both sides: Sedlik plans to call Von D to testify regarding the copying of his photograph and her use of the resulting Miles Davis tattoo on social media. She’ll also testify that she had no reason to believe that using a photo as a tattoo could constitute copyright infringement.

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43(B)log

MAY 19, 2023

Its TOS provide that users will not use Roblox content outside of the Roblox Platform, monetize Roblox content, or imply an association with Roblox for their businesses outside of the Roblox Platform. Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.”

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Copyright Lately

OCTOBER 20, 2024

At trial, American focused primarily on its trademark infringement and unfair competition claims, arguing that Skiplagged misled consumers by making itself appear like an authorized agent of the airline, in part by using American’s logo in ways that could cause confusion. Here, the jury sided with the airline, awarding $4.7

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The IP Law Blog

APRIL 8, 2021

Finding Google’s copying a fair use, the Supreme Court ended Oracle’s decade-long attempt to recover copyright damages. The battle began between these tech giants when Google designed its Android software platform for mobile devices, such as smartphones.

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Copyright Lately

SEPTEMBER 29, 2024

In May, State Farm filed a motion to dismiss the lawsuit (read here) , arguing that Atari was “seeking a windfall for the inadvertent and fleeting use of a decades-old arcade game.” The Fair Use Defense The court also denied State Farm’s motion to dismiss Atari’s copyright claim based on the fair use defense.

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Michael Geist

DECEMBER 3, 2024

The claim is sprinkled with the most obvious reason: the Canadian media companies want a settlement that involves OpenAI paying licence fees for the inclusion of their content in its large language models and the lawsuit is designed to kickstart negotiations. This isn’t me speculating.

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Technology & Marketing Law Blog

AUGUST 8, 2021

Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use. The Crony graphic also doesn’t qualify for fair use: Nature of Use. Multimedia System Design , 2021 WL 3271829 (S.D.N.Y.

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TorrentFreak

DECEMBER 22, 2023

According to the Authors Alliance, IA’s digital ebook library is a prime example of a service that should be permitted to operate as fair use, as it benefits both writers and readers. Instead of allowing libraries to own copies, they have to license them, which makes it impossible to add them to the permanent archive.

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Technology & Marketing Law Blog

MARCH 6, 2022

” With respect to whether Babybus’ baby character infringed Moonbug’s baby, Babybus claimed that the alleged copying related to generic features found in nature. . Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

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Fair Use Cease and Desist Copying Copyright Infringement 111

Olartemoure Blog

NOVEMBER 29, 2023

Say No to Copycats: Letting others know your content is protected deters them from copying it. Copyright Protection: Protect your original works like photos, videos, and posts, so you can freely distribute and exploit them, but others will need your permission or a license to use it, unless “fair use” applies.

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Velocity of Content

OCTOBER 19, 2023

The 1976 Act was the first major revision of US copyright law since the 1909 Act , which was passed during the era of Mark Twain, ragtime, player pianos, and early silent films. Harper & Row brought suit and The Nation argued that publishing the excerpts was a fair use.

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Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. Skull arm design. Bible verse design. Upper back design. Tribal design.

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Technology & Marketing Law Blog

MARCH 15, 2022

That’s by design–the DMCA was designed to resolve matters outside of court. Now, imagine the rightsowner also overclaimed trade dress protection for its sage leave design. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

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LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. copyright law. Copyright law in the U.S.

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Copyright Lately

SEPTEMBER 26, 2022

As the parties wait in their respective corners for the opening bell to ring, here’s what you need to know: Alexander Has Already Established Ownership and Copying. Skull arm design. Bible verse design. Upper back design. Tribal design. Implied License and Fair Use Are the Key Remaining Defenses.

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IP Intelligence

SEPTEMBER 20, 2023

If restrictions are placed on the fair use defense and/or a compulsory licensing regime implemented for models that used copyrighted content, such restrictions might apply to computer vision models that enable surgical robotics and autonomous vehicles. AI authorship rules apply regardless of the nature of the claimant.

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Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

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43(B)log

FEBRUARY 18, 2022

Celebrities may collaborate on designing the product. Glynn Lunney: Examples in the US seem to fall under common regimes—what about where the law clearly doesn’t cover the use, such as use of a photo on the cover of a magazine when there’s reporting about the subject. You can cluster fair use cases.

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Technology & Marketing Law Blog

OCTOBER 6, 2022

Alexander claimed that Take-Two Interactive infringed the tattoo designs she inked on her client, professional wrestler Randy Orton, when the company produced and distributed a video game featuring a realistic in-game depiction of Orton. Oracle , which stressed the trial judge’s role in the ultimate fair use determination.

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Intepat

DECEMBER 18, 2024

This principle is key for podcasters, as it means that if Podcaster A accuses Podcaster B of copying their interview format, the claim would likely fail because formats and factual content are not copyrightable. Additionally, if the use does not harm the market value of the original work, it is more likely to be considered fair use.

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Copyright Lately

OCTOBER 6, 2024

A new lawsuit over Broadway’s Stereophonic tests copyright’s limits, as Fleetwood Mac’s former sound engineer claims the hit play copies his real-life story about working on the Rumours album. The set of Stereophonic , which Caillat claims mirrors the vantage point he described in Making Rumours.

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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. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

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The IP Law Blog

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. The District Court also found that the use was not fair use.

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TorrentFreak

DECEMBER 21, 2022

Most parties agree that it’s impossible to design an error-free takedown process but disagree on what error rate is acceptable when takedowns are automated. Opponents of filtering technology warn that fair use and First Amendment rights are at stake. Tweaking the DMCA.

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Copyright Lately

MARCH 31, 2024

The Legal Stuff The De Minimis Defense As I’ve discussed before , there’s a whole doctrine with a fancy Latin name reserved for situations in which copying is insignificant enough to fall below the threshold of substantial similarity— de minimis non curat lex (“The law does not concern itself with trifles.”) The Gap, Inc.

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IP Intelligence

APRIL 18, 2023

Many people were disappointed when the most-watched copyright case of the past 10 years, Oracle’s lawsuit against Google over Google’s copying Java application programming interface (API) code, failed to yield better guidance on the scope of copyright protection for computer programs. Many Internet pundits have interpreted Oracle v.

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Plagiarism Today

AUGUST 17, 2021

The lawsuit was brought James’ Designworks, an aggressive litigant that has brought many similar lawsuits over alleged infringement of its floor plans and home designs. This sends the case back to the district court where other defenses, most notably fair use, will have to be weighed next.

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Copyright Lately

APRIL 3, 2023

The future of “controlled digital lending” is in doubt after a court rules that the Internet Archive’s online library is not protected by fair use. When the electronic version is “checked out,” the physical copy is taken out of circulation. ” What is Controlled Digital Lending?

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Copyright Lately

SEPTEMBER 12, 2022

While these sorts of objects typically aren’t themselves eligible for copyright protection, they often contain pictures or designs which are protectable. Section 113(c) would also allow me to use my photos in a blog post talking about how I flipped the t-shirts for a profit because Alyssa priced them too low. Vila’s Claim.

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SpicyIP

FEBRUARY 28, 2025

These include restrictions on the number of copies that can be made by a legitimate user, specification of particular softwares/devices that may be used to access the content, encryption, etc. DRM refers to strategies and tools employed to safeguard copyrighted digital content from being shared, sold, accessed illegally.

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