IPilogue

OCTOBER 12, 2022

Barlow and Bear went on to become viral sensations on social media and Grammy-winning artists (2022 Best Musical Theatre Album) for their production. 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.

Intellectual Property 105

Intellectual Property Social Media Music Fair Use 105

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

Takedown Trouble Triggers Lawsuit This takedown policy is widely accepted as the standard for social media services but every now and then, disputes can arise. The TV production is licensed to Sony LIV and was a huge success. However, as often happens with popular media, pirated footage was readily available too.

Social Media 122

Social Media Copyright Infringement Ownership Fair Use 122

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

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. Take Two had good reason to believe in its implied license defense.

Fair Use 98

Fair Use Copyright Licensing Copying 98

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. Implied License and Fair Use Are the Key Remaining Defenses. There’s a lot at stake.

Fair Use 87

Fair Use Licensing Ownership Copying 87

LexBlog IP

SEPTEMBER 30, 2022

Posting copyrighted images or photos on your website or social media. Using a copyrighted song, or portion of a song, in a presentation, at an event, on your website, or on social media. Modifying an image or photo and using it in a presentation, brochure, on your website, or on social media.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

IPilogue

OCTOBER 1, 2022

Sedlik claims that Kat Von D infringed the copyright protection of his iconic photograph of world-famous jazz musician Miles Davis (“Davis”) when she tattooed the image onto a client’s body without authorization and posted photos of the tattoo on social media. Fischer found triable issues on substantial similarity and fair use.

Copyright Infringement 130

Copyright Infringement Fair Use Art Copyright 130

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 spends more time on its likelihood of confusion analysis.

Blogging 93

Blogging Social Media Television Fair Use 93

LexBlog IP

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. Take Two had good reason to believe in its implied license defense.

Fair Use 52

Fair Use Copyright Licensing Copying 52

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 96

Blogging Copying Social Media Copyright 96

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 117

Copyright Copyright Infringement Social Media Licensing 117

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. Essentially, FlowGPT would have fed the copied songs into the system, and that could mean copyright infringement.

Music 70

Music Social Media Copying Derivative Work 70

Copyright Lately

SEPTEMBER 12, 2022

Vila licensed his photo to various online and print publications for use in articles about Shayk. Otherwise, Vila asserted, “no photographer could ever take a picture of any individual wearing any item of apparel or accessories without obtaining licenses or waivers from any and all rightsholders in such apparel or accessories.”

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

Copyright Lately

AUGUST 2, 2022

Multiple times throughout June and July 2022, Netflix informed Barlow & Bear’s lawyers that their July 26 performance wasn’t authorized and would give rise to claims for willful copyright and trademark infringement unless they negotiated a license—which Netflix was willing to do. A Musical Parody ” and “ Friends!

Music 102

Music Derivative Work Fair Use Cease and Desist 102

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.

Copyright 113

Copyright Social Media Licensing Publishing 113

Copyright Lately

JANUARY 23, 2023

It will learn that tables most commonly have four legs, but not always; that tables found in a dining room are used for seated persons to eat meals, while tables found next to a bed are used to hold objects like alarm clocks; that tables don’t need to be made from any particular material or have a particular color, etc.

Derivative Work 106

Derivative Work Art Copying Fair Use 106

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. Scary Issues with Licensing and Trademarks.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions.

Registration 113

Registration Fair Use Copyright Designs 113

Copyright Lately

MAY 1, 2023

Companies have to obtain permission and execute a license to use copyrighted content for AI training or other purposes, and we’re committed to maintaining these legal principles.” It isn’t human-readable and does not contain copies of any audio recordings. Most voice model files are actually quite small.)

Music 84

Music Copyright Copying Copyright Law 84

Copyright Lately

OCTOBER 24, 2022

In that case, artist Lebeus Woods claimed that a torture device used in the Terry Gilliam film had been unlawfully copied from his drawing of a wall-mounted chair. Fair use and de minimis defenses are often unreliable, and even if you have a solid case, defending copyright infringement lawsuits is an expensive proposition.

Artwork 89

Artwork Copyright Infringement Copyright Art 89

Copyright Lately

AUGUST 2, 2021

The test is premised upon the technical difference between a website that displays a copy of an image hosted on the site’s own server and a site that uses HTML instructions to direct a user’s browser to another server that stores the image. In the meantime, a copy of Nicklen v. Therefore, there’s no direct infringement.

Copying 98

Copying Copyright Technology Licensing 98

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

43(B)log

MAY 22, 2023

Appellants, current and former professional models, appealed their summary judgment loss on a variety of claims arising from the use of their images in social media posts promoting a “gentlemen’s club” operated by EIE. Their social media footprints range from several thousand to a few million followers.

False Advertising 48

False Advertising Social Media Advertising Advertising 48

43(B)log

FEBRUARY 22, 2022

Unique expertise on code too; code is different from photos, music, videos; some of the most valuable code on GitHub is licensed openly. Remediation not removal is often the goal—changes to the code rather than removing often resolves the problem, e.g. addressing violation of open source license by adding attribution etc.

Copyright 44

Copyright Fair Use Music Licensing 44

43(B)log

JUNE 30, 2023

Whether you want a map the size of the territory depends on the goal—is it collective licensing? I guess that’s rarely the big concern of people demanding collective licensing.] His view: some recommender systems should be prohibited AI, if social media use is addictive. Goal: framework for trustworthy AI.

Law 58

Law Licensing Social Media Copying 58

SpicyIP

DECEMBER 20, 2023

Notably, Monsanto’s matter had several layers including the State Governments seeking to regulate IP licensing fees, and the Indian seed companies who previously licensed technology from Monsanto, refusing to pay royalties to Monsanto. To get an overall picture, see Prashant’s post “ The Rs. Feels like history is repeating itself.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. This is demonstrated by corporations repeatedly using memes and meme culture, albeit to varying degrees of success.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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?

Fair Use 72

Fair Use Copying Publishing Copyright 72

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. What Happened. Oracle , should have been decided by the trial judge.

Fair Use 81

Fair Use Designs Design Licensing 81

Velocity of Content

AUGUST 10, 2022

By way of background, the EU, as part of its Digital Single Market Copyright Directive , looked at the then-extant UK copyright exception for the making of copies of copyrightable works to perform text and data mining (TDM) in a non-commercial context. I am loath to declare all news content buyers “winners” here, however.

Law 116

Law Licensing Publishing Intellectual Property 116

Kluwer Copyright Blog

SEPTEMBER 26, 2022

This post enriches the body of work in this area by summarizing the key findings of our two-phase empirical research on end-user flexibilities and end-user license agreements (EULAs) of online content-sharing service providers (OCSSPs). For example, users of social media platforms (e.g.,

Art 99

Art Social Media Licensing Copyright Law 99

Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. You can judge for yourself by downloading a copy of “Jap Herron” here. In 1999, Cinema Secrets licensed the right to sell a Michael Myers Halloween mask from the film’s copyright owner.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

JIPEL Copyright Blog

MARCH 21, 2022

This means that TOs have been tasked with getting enough GameCubes, Wiis, copies of the game, and clunky CRT TVs to play on. Players rallied against Nintendo’s actions, causing #FreeMelee to trend across social media and throughout the gaming world. Players, for most of the game’s competitive existence, have played in person.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

Copyright Lately

DECEMBER 28, 2022

” But in McGucken , the court denied summary judgment, not only as to the server test, but on Newsweek’s implied license and fair use defenses too. Simply put, the ruling calls into question the ability of tattoo owners to control the right to make or license realistic depictions of their own likenesses.

Copyright 83

Copyright Art Licensing Social Media 83

43(B)log

AUGUST 11, 2022

Easiest way to make money was to make a film likely to succeed, and copying a successful foreign plot was a good way to do so. Around 2010, some studios started enforcing, e.g., Twentieth Century Fox sued over copying of plot of Phone Booth and was successful. In this case, certain gags had been copied from Knock on Wood.

IP 70

IP Copying Marketing Marketing 70

Copyright Lately

MAY 21, 2021

The man in the photo, whom Dolezal previously identified as “my dad” in social media posts, was later revealed to be Albert Wilkerson Jr. , CBS’ use of her photo almost certainly qualifies as fair use, if she even owns the copyright in the first place. Weaponizing Copyright. View Fullscreen.

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98