Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. Equally importantly, the court failed to provide the jury with instructions on two other defenses—waiver and implied license. The implied license argument is particularly important here.

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TorrentFreak

FEBRUARY 22, 2023

“We are writing to notify you of, and request your assistance in addressing, the extensive copyright infringement of motion pictures and television shows that is occurring by virtue of the operation of the playlist file, PlutoTV_mr.m3u, which is hosted on and available for download from your repository GitHub Inc.

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Copyright Infringement Television Copyright Advertising 143

Technology & Marketing Law Blog

MAY 30, 2022

Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.

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Blogging Social Media Television Fair Use 111

Erik K Pelton

NOVEMBER 3, 2020

Television advertising. Potential Costs Resulting from Unprotected Brands: Greater chance of being copied inadvertently since the trademark(s) is/are not listed in the USPTO database. Greater chance of being copied intentionally since the ® cannot be used. More challenges to license or franchise the brand.

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Business Trademark Cease and Desist Branding 130

SpicyIP

FEBRUARY 28, 2025

The application relies on the IPTV technology (Internet Protocol over Television) which provides delivery of audio/visual/graphic/textual data over IP-based networks. Firstly , appropriate licensing is the foremost requirement for IPTV applications to operate legally. In this backdrop, how did IPTV Smarters Pro land into trouble?

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IP Copyright Infringement Copyright Copyright Law 58

TorrentFreak

MARCH 10, 2024

When pirated copies of “Grand Theft Auto: San Andreas” came out nearly two decades ago, The Pirate Bay changed its front page logo. Filming Finished The new Pirate Bay series is scheduled to be released on Swedish television later this year. Dynamic Television has acquired the global distribution rights to the series.

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Television Copying Business Music 128

IP and Legal Filings

JANUARY 8, 2023

modification, and other forms of copying of the work fall under this category. Through a licensing agreement, they can give consent for other parties to utilize their creations. The Indian Government enacted The Copyright Act of 1957 to protect the rights of artists from getting copied or pirated. The Tips v.

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Copyright Copyright Infringement Music Copying 98

Velocity of Content

DECEMBER 4, 2024

Professor Paul Goldstein, for example, has argued that, in light of the enumeration, the statutory text is intended primarily to protect certain licensing markets. 785, 851 (2013) (“By copying a master’s work, the ‘pupil’ might at least get a glimpse of the great author’s mind, which would seem like a normatively desirable process.

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Copyright Lately

SEPTEMBER 29, 2024

The court noted that determining whether a use is de minimis involves both quantitative and qualitative assessments—how much of the copyrighted material was copied and how significant that copying was. The court found it plausible that State Farm’s unlicensed use of the Crystal Castles artwork could impact this licensing business.

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Fair Use Copyright Artwork Social Media 109

TorrentFreak

FEBRUARY 8, 2023

“NFTs represent an exciting business opportunity for MPA’s members to promote their core products —motion pictures and television programs — in new ways, expand their merchandise offerings, and connect with their audiences on a deeper level,” the MPA writes. The same applies to the content to which an NFT might provide access.

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Non-Fungible Tokens Cease and Desist Intellectual Property Law Copying 130

Kluwer Copyright Blog

OCTOBER 18, 2023

This part 2 explores the idea of introducing a statutory license for machine learning purposes for generative AI as a compromise solution to secure a vibrant environment for AI development while preserving the central role played by human creators. In the EU, Art. of the CDSM Directive can be found in the fundamental rights framework.

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

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Fair Use Copyright Licensing Copying 98

TorrentFreak

JULY 26, 2023

So-called ‘cam’ copies appear online within hours of movies first appearing in theaters, yet as piracy releases go, cams are unique in their ability to disappoint just about everyone. For the last 40 years the Motion Picture Association has regularly highlighted the damage caused by in-theater recordings of the latest movies.

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Copying Fair Use Cinema Reporting 98

Michael Geist

JULY 20, 2022

The Supreme Court rejected the request, concluding that an additional payment for downloads would violate the principle of technological neutrality, famously stating: In our view, there is no practical difference between buying a durable copy of the work in a store, receiving a copy in the mail, or downloading an identical copy using the Internet.

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Copyright Law Copyright Law Music 145

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. Netflix alleges Barlow and Bear have benefited from their album’s false association with the Bridgerton brand.

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Intellectual Property Social Media Fair Use Music 105

SpicyIP

MAY 2, 2022

It was revealed in Court that the Plaintiff and Defendant had entered into an agreement wherein the Plaintiff had licensed, in a non-exclusive manner, its right to broadcast and exploit the audio-visual song clips, scenes and dialogues/clips to the Defendants’ channels. This agreement was for a period from 1 st July 2019 to 30 th June 2022.

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Fair Use Copyright Reporting Licensing 115

The IP Law Blog

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., As articulated in Perfect 10 , embedding websites that do not “store,” the content do not entirely “communicate a copy” of the content.

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Social Media Copyright Copying Copyright Infringement 98

SpicyIP

JULY 29, 2021

Limitations on storage of copied works in digital formats. Becker has held 10% copying to be fair use in most cases, on top of the flexible ‘ Amount & substantiality ’ factor test in its fair use doctrine. Restricting this photocopying to 10% of the total pages of a book. Bench decision). Concluding thoughts.

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Copyright Reporting Fair Use Copyright Law 118

SpicyIP

JULY 31, 2023

While the Act doesn’t specifically address OTT platforms, it does offer a separate certification for television and “other media,” a category that can be contended to encompass OTT platforms. Given this, the queries regarding the bill’s implications on OTT platforms, which currently lack clarity, require careful consideration.

Copying 96

Copying Copyright Television Copyright Infringement 96

SpicyIP

JULY 1, 2021

Printed copies, adaptations or publications with new material would only widen the dissemination of these works. If local publishers are not charged hefty royalties or licensing fees, they can make these books available at cheaper prices and reduce their distribution costs. vii), Balbharati Copyright Policy].

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Ownership Copyright Publishing Government 133

TorrentFreak

MARCH 25, 2024

Publishers vs. Internet Archive The self-scanning service offered by the Internet Archive (IA) differs from the licensing agreements entered into by other libraries. “IA’s exploitation of copyrighted books is thus the polar opposite of the copying that was found to be transformative in Google Books and HathiTrust.

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Publishing Copyright Fair Use Intellectual Property Law 144

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.

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Blogging Copying Social Media Copyright 98

Copyright Lately

MAY 7, 2021

He’s the canine film and television star made famous in the 1920’s, which makes him nearly 700 if you’re counting in dog years. Jeff Miller and Sasha Jenson—licensed rights to Warner without Duthie’s participation. Here’s a quick update on a case I first wrote about back in November involving Rin Tin Tin. In 2019, Warner Bros.

Ownership 92

Ownership Copyright Copyright Law Television 92

Intellectual Property Office Blog

JULY 29, 2021

This year, “the most commercialised show on British television” allegedly netted more than £12 million in revenues before the first episode aired on 28 June. According to their Terms of Use, the user owns the copyright to the image posted but automatically agrees to license that image to Instagram.

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IP Branding Branding Brands 86

TorrentFreak

DECEMBER 15, 2023

Does 1-10 are described as the infringing IPTV service’s operators, who knowingly and unlawfully transmit, and publicly perform in the United States, TV channels for which DISH holds or held an exclusive license. A second infringement notice was sent on July 27, 2021, in broadly similar circumstances.

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Cease and Desist Copyright Infringement Branding Brands 122

TorrentFreak

DECEMBER 8, 2022

As one side pays millions to produce or license movies and TV shows, the other only has to worry about when they’re available to copy, so that subscriptions can be sold to the public. “It is illegal television. When compared to packages offered by legal providers, they are more comprehensive and less restrictive.

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Reporting Copyright Infringement Marketing Marketing 144

Copyright Lately

JANUARY 13, 2023

Shortly after his “I Have a Dream” speech was delivered in August 1963, King moved for a preliminary injunction preventing record companies from selling copies of the speech. From time to time, networks like CNN have obtained licenses from the King estate to air the speech in its entirety on Dr. Martin Luther King Jr.

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Copyright Public Domain Copyright Notice Copying 98

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. You Should Probably Read The License. Buying Objects ?

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Derivative Work Licensing Artwork Contracts 94

TorrentFreak

APRIL 19, 2022

From a basic web browser to dedicated media players such as VLC, many tools will do the job, but when users want to access IPTV streams (Internet Protocol Television), they often turn to tools designed for that specific purpose. LaLiga’s full submission, including all of the “illegal” IPTV players can be found here (pdf).

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Reporting Television Trademark Law Advertising 141

SpicyIP

JANUARY 31, 2025

Analysing the complexities of licensing deals for film and television adaptations. However, by submitting their posts for consideration for publication, participants grant SpicyIP the license to publish them anywhere in the world, in any medium, for the full term of copyright. International Public License.

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Blogging Intellectual Property Journalism Social Media 58

Velocity of Content

SEPTEMBER 9, 2021

At present, YouTube certainly has many other aspects, included music, television-like programming, and live streaming, but I am not going to get into those.). For the more easy-going as to rights, there is always the Creative Commons licensing option. This openness was a key selling point from the very beginning of the platform. (At

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Copyright Social Media Licensing Publishing 113

Kluwer Copyright Blog

DECEMBER 26, 2021

The Parliament highlights the need to guarantee fair, appropriate and proportionate remuneration for authors and performers and in the context of territorial licenses points out that, before taking any follow-up measures, there is a need to consider the voices of rightsholders.

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Copyright Law Law Copyright Reporting 121

IP and Legal Filings

APRIL 8, 2023

Image Sources : Shutterstock] Protection Under Copyright Act, Licensing & Contractual Issues for the Celebrities A celebrity is a well-known person. Copyright And Licensing Questions India’s film industry produces the most films in the world, with a national and international audiences.

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Privacy Law Intellectual Property Music 98

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. The first one to go was the de minimis defense, which the court rejected before trial.

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Fair Use Designs Design Licensing 88

Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. Pilgrim Films & Television, Inc. ,

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Blogging Copyright Contracts Cease and Desist 98

The IPKat

APRIL 11, 2022

Along with the DSM Directive, this law also implemented Directive (EU) 2019/789 on online transmissions of broadcasting organisations and retransmissions of television and radio programmes. The new law implements Article 17 of the DSM Directive mostly in a copy-and-paste fashion. The same cannot be said about Article 18.

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Publishing Law Television Licensing 117

Velocity of Content

SEPTEMBER 20, 2021

governments are considering or taking steps to require technology platforms to license the rights to share or display news content from news publishers. Where such efforts are successful – beginning in the EU – collective licensing and payment systems may need to be built from the digital ground up. How might payments be managed?

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Intellectual Property Law Licensing Television Advertising 52