Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir.

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Fair Use Privacy Copyright Technology 135

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 95

Blogging Social Media Television Fair Use 95

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

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. Getty Images , Newgrounds , and PurplePort ).

Copyright 145

Copyright Art Fair Use Registration 145

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 97

Blogging Copying Social Media Copyright 97

Copyright Lately

SEPTEMBER 12, 2022

In the alternative, Vila asserted that his reproduction of Deadly Doll’s copyrighted work in connection with the photograph of Shayk was protected by the fair use doctrine. 17 U.S.C. § The result, claimed Vila, would be no less than the “demise of photography as an art form.” Paging Section 113(c).

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

Copyright Lately

MAY 1, 2023

” On April 26, UMG held an earnings call in which it reported that revenues rose 11.5% It’s a new issue and there’s been some fresh reporting on it with some recent developments. It isn’t human-readable and does not contain copies of any audio recordings. year over year to $2.71

Music 85

Music Copyright Copying Copyright Law 85

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. Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Registration 115

Registration Fair Use Copyright Designs 115

Technology & Marketing Law Blog

DECEMBER 11, 2021

For example, if a third-party poster copies a newspaper article and posts it to their social media page, the court implies that the social media service can never assert Section 230 protection for that article–even if the third-party poster isn’t infringing copyright because of, say, fair use.

Advertising 94

Advertising Advertising Social Media Blogging 94

43(B)log

FEBRUARY 22, 2022

Designed to be freely available licensed or public domain; we occasionally use fair use images where no free image is available, such as when a famous work has been destroyed. Not only are some services different from social media, one social media platform may differ very much from each other.

Copyright 45

Copyright Fair Use Music Licensing 45

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. The costs of preventing the harm are grandiose when compared to the actual harm that use of copyrighted material in memes causes. 139 (2016). [ix]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IP and Legal Filings

APRIL 19, 2022

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957.

Copyright Law 72

Copyright Law Copyright Law Copyright Infringement 72

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 71

Fair Use Copying Publishing Copyright 71

43(B)log

FEBRUARY 18, 2022

But Consumer Reports and other forced reports have a bell curve distribution. Revenue models almost always end up dependent of firms whose products are reviewed; Consumer Reports is the very rare exception. Intentional copying by D often leads to presumption of secondary meaning.

Copyright 69

Copyright Business Branding Brands 69

43(B)log

FEBRUARY 18, 2022

Even where permission not legally required, thought was better results due to advances in technology—social media influencing: the advertiser wants customized content. A: History differs a lot—US foundation for ROP was set much earlier. You can cluster fair use cases. Video games: want motion capture.

Fair Use 59

Fair Use Contracts Litigation Copying 59

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. This left only the fair use defense remaining for the jury.

Fair Use 80

Fair Use Designs Design Licensing 80

TorrentFreak

OCTOBER 7, 2023

Copyright complaints kept coming in and increased in volume compared to the same period last year, the site’s latest mid-year transparency report shows. 1169% Increase in User Access Requests Before, going into the copyright infringement report it is worth pointing out a statistic that was directly triggered by the new API policy.

Copyright 94

Copyright Copyright Infringement Fair Use Reporting 94

TorrentFreak

DECEMBER 7, 2023

Back in August we reported how Google had received requests to remove one billion allegedly-infringing links from its search results. A few days before we published that report, Google had just processed its seven billionth removal request, having reached six billion less than a year earlier. But that’s only the beginning.

Business 97

Business Reporting Social Media Copyright 97

Plagiarism Today

OCTOBER 7, 2021

This prompted Dorland to first report the alleged plagiarism to a wide variety of groups and worked on getting the story pulled while working through lawyers to demand financial compensation. The Letter: Doorland accuses Larson of copying her donor letter and including significant portions of it, in particular in early versions of the story.

Plagiarism 268

Plagiarism Art Copying Privacy 268

Velocity of Content

AUGUST 10, 2022

Having just read a new report from the UK’s Intellectual Property Office (IPO), this tradition is at serious risk. In this way the law will go much further than US fair use (which looks closely at lost market harm such as licensing revenue — actual and potential) and the laws of the EU, which allow opt-out.

Law 116

Law Licensing Publishing Intellectual Property 116

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. The studio settled quietly out of court, so there’s no reported decision in this one. You can judge for yourself by downloading a copy of “Jap Herron” here.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

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. But there weren’t reported lawsuits against Bollywood films. Around 2010, some studios started enforcing, e.g., Twentieth Century Fox sued over copying of plot of Phone Booth and was successful.

IP 72

IP Copying Marketing Marketing 72

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. , After a local Spokane news reporter asked Dolezal point blank “Are you African American?,” Here’s a copy of Dolezal’s complaint. View Fullscreen.

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

TorrentFreak

DECEMBER 20, 2023

Recurring news that another established and popular content creator faces copyright issues on YouTube is something the world will have to get used to. “NASCAR Community in Shock” An article on Essentially Sports reporting on the complaints begins by stressing the importance of the NASCAR community. What About Fair Use?

Fair Use 86

Fair Use Copyright Social Media Content Creation 86

SpicyIP

DECEMBER 30, 2023

The third category lists notable developments on the legislative and policy side and includes important amendments, proposals for amendments, release of policy notes and reports etc. So, if you have strong opinions on orders/judgements that you think should’ve been included in the top 10 lists, please do share them in the comments below!

IP 124

IP Copyright Trademark Intellectual Property 124

TorrentFreak

JANUARY 28, 2022

Takedown notices are a vital tool for copyright holders who want to make sure that infringing copies of their work are not widely distributed. Every week, millions of these requests are sent to hosting platforms and third-party services, including social media networks. The same is true for content that’s clearly fair use.

Copyright 142

Copyright Social Media Music Reporting 142

TorrentFreak

OCTOBER 16, 2022

Everybody knows that content is copied online but the scope of the problem is truly massive. There’s a never-ending stream of infringements across social media platforms that seems impossible to stop, much like the weather. 44,000 Copies of One Event. The copying problem is quite hard to contain.

Copyright Infringement 129

Copyright Infringement Copyright Social Media Fair Use 129

TorrentFreak

SEPTEMBER 18, 2023

Musician Eddy Grant filed a complaint against Trump in 2020 and three years later there’s little positivity to report for anyone involved. Use Was Not Fair In October 2021, U.S. District Judge John Koeltl said each of the fair use factors weighed in favor of Grant.

Fair Use 92

Fair Use Copyright Registration Music 92

LexBlog IP

APRIL 20, 2022

As described here in a previous post: The United States Court of Appeals for the Second Circuit rejected an artistic intent or purpose test for fair use on March 26, 2021, in The Andy Warhol Foundation v. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. at 7-9) were transformative.,”

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52