TorrentFreak

AUGUST 19, 2021

The Internet Archive (IA) sees things differently, noting that its ‘Controlled Digital Lending’ process operates for purposes including preservation, access and research, therefore meeting ‘fair use’ standards. In parallel, IA believes its liability is limited due to the safe harbor provisions of the DMCA.

Publishing 142

Publishing Fair Use Marketing Marketing 142

IPilogue

OCTOBER 12, 2022

Netflix also holds the position that Barlow and Bear “ copied liberally and nearly identically ” the elements of expression, dialogue, characters, and key plot points from Bridgerton. Perhaps more important for Netflix is the promotion and success of their event “Queen’s Ball,” a Bridgerton experience held across multiple cities.

Intellectual Property 105

Intellectual Property Social Media Fair Use Music 105

Velocity of Content

MARCH 16, 2023

As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents). I speculated that this was an attempt to avoid a messy fair use dispute.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

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.

Fair Use 98

Fair Use Cease and Desist Copying Copyright Infringement 98

Kluwer Copyright Blog

APRIL 22, 2024

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. And why is that?

Copyright 114

Copyright Artwork Moral Rights Non-Fungible Tokens 114

TorrentFreak

SEPTEMBER 7, 2021

. “Anyone who watches the 4/22/21 Podcast can instantly recognize the true purpose of Triller’s [second amended complaint]: retaliation against the 4/22/21 Podcast because it excoriated the Broadcast and its main event – the boxing match between Jake Paul and Ben Askren (the ‘Fight’). Fair Use Defenses.

Copyright 110

Copyright Fair Use Copyright Infringement Copying 110

Copyright Lately

SEPTEMBER 26, 2022

In a first-of-its-kind copyright trial, a jury will decide whether tattoo artist Catherine Alexander can effectively control the use of Randy Orton’s likeness in video games. After over four years of litigation and five COVID-related continuances, it’s finally time for the main event.

Fair Use 86

Fair Use Licensing Ownership Copying 86

IIPRD

JANUARY 8, 2023

Copyright infringement & fair use. To promote fair trade, which will contribute to economic and social development. Copyright is the inherent right of a creator, artist, composer or another creator to prevent the use of their work. One of these exceptions is the Fair Use Doctrine. fair use tenet.

Fair Use 52

Fair Use Copyright Law Intellectual Property 52

TorrentFreak

JULY 14, 2024

The organization’s religious instruction program, marketed as LifeWise Academy, has a curriculum which outlines the religious instruction children receive. He also improperly obtained and posted a digital copy of the entire LifeWise Curriculum.” In general, confidence on the legal aspects is high.

Copyright 107

Copyright Licensing Fair Use Derivative Work 107

TorrentFreak

MAY 8, 2023

Adjusted for inflation, imported Japanese N64s changed hands for the equivalent of $1,400 in today’s money; a copy of Super Mario 64? Imported into the gray market in Europe, US cartridges were cheaper than their Japanese counterparts. A snip at $165. An emulator reference, presumably.

Copying 116

Copying Copyright Licensing Fair Use 116

The IPKat

JULY 27, 2021

One of the major sticking points from these comments and which also appears in other comments and submissions shared by various stakeholder groups is the fair dealing v fair use choice. There is consensus on all sides that South Africa’s current position on the fair dealing ‘line’ is problematic.

Fair Use 78

Fair Use Copyright Copying Publishing 78

TorrentFreak

FEBRUARY 1, 2024

In a matter of weeks, the controversial Jake Paul vs. Ben Askren PPV boxing event will turn three years old and still be remembered for all that went wrong. In summary, H3 says that when it showed the fight along with biting commentary on YouTube, that was fair use, even though the video shown was sourced from a pirated copy of the PPV event.

Copyright Infringement 71

Copyright Infringement Advertising Advertising Copyright 71

JIPL Online

MARCH 15, 2021

3] The suit alleged that Sherlock Holmes’ character traits of warmth and empathy were copied and not yet in the public domain, as these traits only developed in later works that are still protected by copyright. [4] 18] Netflix admitted it had access to and copied the memoir. [19] 5] Netflix and the estate quickly settled. [6].

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

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. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

The IPKat

DECEMBER 20, 2023

In any event, it is worth noting that the decision to delete did not stem from the artificial origin of the music, but rather from the fact that the songs were being used to collect royalties on behalf of fraudulent accounts. AI-generated music has also taken music platforms such as Spotify by storm.

Music 70

Music Social Media Copying Derivative Work 70

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. map on the screen that shows the viewer where the event is taking place; • Both shows also use the same or nearly identical camera angles, motion theory (i.e., A&E Television Networks, LLC v.

Social Media 59

Social Media Copying Fair Use Advertising 59

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

Copyright 59

Copyright Copying Music Fair Use 59

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. The same, in its submission did not intend to impinge on the market of the Plaintiff. Akshat Agrawal.

Fair Use 91

Fair Use Copyright Reporting Licensing 91

Copyright Lately

AUGUST 2, 2022

performances of “The Unofficial Bridgerton Musical”) or other derivative works that might compete with Netflix’s own planned live events,” including the multi-city “ Bridgerton Experience.” While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case.

Music 101

Music Derivative Work Fair Use Cease and Desist 101

IP and Legal Filings

FEBRUARY 17, 2022

Although it is obvious that someone has copied a fictional character if they use identical or substantially similar language to describe them, what happens more frequently is a copying of more abstract character traits and elements that only conjure up a mental image of that character for the reader. THE DOCTRINE OF FAIR USE.

Fair Use 67

Fair Use Copyright Television Copying 67

JIPL Online

APRIL 9, 2021

Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] ix] Just a brief glimpse at a meme can demonstrate just how little copyright protected material is used. [x] 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat?

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

LexBlog IP

OCTOBER 25, 2023

” So, while writers have a compulsion to use what they know from life to create their works of imagined lives, they will draw not only on events central and personal to themselves but on many things intersecting or tangential to the writer’s own life. They have to look and see, that’s all. Then they have to write.”

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

Patently-O

DECEMBER 11, 2023

In our view, the FTC plays a vital role in keeping markets open and honest, and we have long been admirers of the intelligence and energy that the agency brings to that task. More specifically, we recognize the usefulness of examining intellectual property issues through the lenses of competition and consumer protection.

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95

43(B)log

FEBRUARY 18, 2022

Your project could fit into the role of probabalistic judgments in law generally: maybe we just should be honest that we are willing to sanction particular interventions in the info market b/c we think they’re wrong (or that it’s not worth taking the risk of this particular effect on reputation). Legally: Falwell v.

Copyright 69

Copyright Business Branding Brands 69

43(B)log

AUGUST 3, 2023

Michael Carroll (w/ Peter Jaszi), Fair Use After Google and Warhol Codification is a big deal; clarifies that fair use is a distinct doctrine, whereas well into 20th century courts were using it as noninfringement. Courts weren’t using four factors before that. We don’t even get into the market stuff.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

Technology & Marketing Law Blog

MARCH 29, 2023

Prutton admitted to copying and said that his adult daughter had helped him with his website. (A The CCB in the Final Determination sidesteps that issue, and looks to Prutton’s two defenses: fair use and unclean hands. Fair Use: From my perspective, the fair use analysis is what I’ve been waiting for.

Blogging 97

Blogging Fair Use Copyright Copyright Notice 97

Copyright Lately

DECEMBER 24, 2023

Netflix was decided after the Supreme Court managed to make fair use even more complicated in Andy Warhol Foundation v. In addition, the plaintiff hadn’t alleged that the market for her tattoo was in any way affected by Netflix’s blink-and-you’ll-miss-it use of her work. Even though Cramer v.

Copyright 104

Copyright Copyright Infringement Music Fair Use 104

43(B)log

DECEMBER 20, 2022

The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. So too with unjust enrichment, which was based on defendants’ copying.

Fair Use 52

Fair Use Trademark Copyright Editing 52

The IPKat

DECEMBER 21, 2021

A prominent feature of the debate has been the comparison between the fair use provision contained in section 107 of the US Copyright Act 1976 and the more detailed exceptions and limitations contained in legislation such as the UK Copyright, Designs and Patents Act 1988.

Copyright Law 111

Copyright Law Law Copyright Fair Use 111

The IPKat

AUGUST 6, 2023

To mark this milestone, we organized an event in London in June 2023 [Katreports here , here , here and here ] and Kats Hayleigh and Eleonora put together a collection of chapters authored by current and past IPKat Team Members, as well as some eminent Katfriends. That, I suspect, is in the eye of the beholder.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Copyright Law 52

43(B)log

FEBRUARY 4, 2023

But socially valuable innovations can be difficult to marketize/commodify. Restrict derivative right to adaptations/forms of representations that change medium, not works in same primary market. Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license. Would it allow fair use?

Copyright 64

Copyright Editing Settlement Music 64

Kluwer Copyright Blog

JANUARY 20, 2022

NASA uploaded a video of this historic event onto YouTube. It was taken down after one hour, as it was subject to a copyright notice by a news channel relying on the US DMCA. A commentator noted that “NASA’s new rover arrives on Mars, crash lands in YouTube’s DMCA hell”.

Reporting 98

Reporting Copyright Art Copyright Infringement 98

SpicyIP

DECEMBER 30, 2023

Fantasy Sports [Delhi High Court] In a suit alleging copyright infringement, HULM Entertainment argued that Fantasy Sports’ “MyFab11” sports fantasy app copies the trading and stock features and GUI of its “Exchange 22” app. On March 13, the Delhi High Court granted an ex parte interim injunction in Markets and Markets Research Pvt.

IP 112

IP Copyright Trademark Intellectual Property 112

TorrentFreak

OCTOBER 16, 2022

Everybody knows that content is copied online but the scope of the problem is truly massive. 44,000 Copies of One Event. In March he purchased the rights to two videos of the event, adding them to his copyright management system. And that’s just for a single weather event, and only on Facebook.

Copyright Infringement 129

Copyright Infringement Copyright Social Media Fair Use 129

Technology & Marketing Law Blog

FEBRUARY 13, 2023

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? Absent consent, fair use, or a First Amendment defense, publishing the interviews without Trump’s consent is therefore a violation of his copyright.

Copyright 121

Copyright Blogging Publishing Fair Use 121

Copyright Lately

MARCH 6, 2023

.” Coakley DM to Harvey Berger (from court files) After Coakley’s monetary demands were refused, Berger received an email from an unknown individual claiming to be a “friend” of Coakley’s, who threatened that a copy of Runt would be “leaked online” if Coakley’s pilot project wasn’t funded.

Copyright 80

Copyright Derivative Work Fair Use Social Media 80

LexBlog IP

APRIL 20, 2022

As one participant noted , “It is the UK’s single biggest environmental mass participation event and sees volunteers from across the country make more than one million miles of British outdoor spaces cleaner and greener.” ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52