Technology & Marketing Law Blog

DECEMBER 27, 2021

It has cratered into a fireball of litigation that doomed the restaurant chain (e.g., It’s so complicated that the judge made an appendix recapping the status of dozens of claims: This post focuses on a sliver of the sprawling litigation empire. this article ) and is now generating truckloads of cash for many lawyers.

Copyright 144

Copyright Social Media Copying Blogging 144

Copyright Lately

FEBRUARY 17, 2025

Lawyers on both sides will rely on Ross some to argue that AI training constitutes infringement even when models don’t output copied material, others to distinguish generative LLMs trained on billions of works from Rosss narrow, headnote-specific dataset. And independent creation simply means you created it yourself, without copying.

Fair Use 69

Fair Use Copying Public Domain Copyright 69

The IP Law Blog

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 122

Copyright Infringement Copyright Social Media Fair Use 122

Copyright Lately

OCTOBER 20, 2024

A good example comes from a case I litigated years ago on behalf of Costco. The Bottom Line During the course of the litigation, Skiplagged stopped using American’s flight symbol logo on its website. Let me know in the comments below or @copyrightlately on social media.

Copyright 86

Copyright Fair Use Social Media Business 86

Copyright Lately

SEPTEMBER 29, 2024

A screenshot from the (now deleted) social media video at the center of the controversy. 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.

Fair Use 109

Fair Use Copyright Artwork Social Media 109

Olartemoure Blog

MARCH 16, 2021

Create trademark alerts for your main brands, block them on Google, Twitter, Facebook, Instagram, and other social media. Request verification of your account from social media. Authorities are always curious about your products. Create local accounts in Colombia to connect with local consumers.

Cease and Desist 98

Cease and Desist Social Media Copying Brands 98

Copyright Lately

MARCH 16, 2025

Woodall claimed that the creators of Moana must have copied his work , pointing to overlapping elements like Polynesian mythology, ocean voyages, shape-shifting demigods, and magical necklaces. For those cases, prioritizing access early would save both parties and the courts from years of unnecessary litigation built on conjecture.

Social Media 58

Social Media Litigation Copyright Copying 58

IPilogue

AUGUST 26, 2022

They claimed that Meta, on its social media platforms, has stolen hundreds of their content. Influencer culture and, by extension, content creation on social media, has become increasingly prevalent in recent years. It is interesting that Meta has not taken precautions against such expensive litigation.

Copyright Infringement 104

Copyright Infringement Copyright Music Social Media 104

TorrentFreak

APRIL 16, 2024

The complaint mentioned that Matienzo describes herself as an “archivist” and uses the handle “anarchivist” on social media. ” The defense adds that the similarity between defendant’s social media handle, ‘anarchivist’, and Anna’s Archive is insufficient to support the claims.

Social Media 127

Social Media Publishing Contracts Copying 127

Copyright Lately

DECEMBER 29, 2021

This is actually the second year in a row that long-running copyright litigation involving Pirates of the Caribbean has made my “worst of” list. Judge Rakoff held that the fact that Sinclair didn’t actually possess a copy of Nicklen’s video didn’t mean that Sinclair wasn’t responsible for displaying it. Walt Disney Company.

Copyright 123

Copyright Fair Use Social Media Copying 123

Copyright Lately

FEBRUARY 23, 2025

Now, on Tuesday, a Los Angeles federal courtroom will host another major copyright trial as plaintiff Buck Woodall tries to convince a jury that Moana was copied from his unproduced project, Bucky the Surfer Boy. Meanwhile, last month, Woodall filed a separate lawsuit over Moana 2 , claiming that the sequel also copied Bucky the Surfer Boy.

Copying 66

Copying Copyright Social Media Plagiarism 66

TorrentFreak

MARCH 6, 2024

Many of the large social media platforms stick to these rules but, according to a lawsuit filed by several prominent music companies last year, X is not among them. “It does not appear to be disputed, in this litigation, that X/Twitter users sometimes engage in copyright infringement.

Music 127

Music Copyright Infringement Social Media Copyright 127

TorrentFreak

NOVEMBER 29, 2021

Ever since it’s been technically possible to distribute pirated copies of movies and TV shows online, the Motion Picture Association has been attempting to stop it. As we have reported on many occasions, not all cases investigated by the MPA and/or ACE will result in a full-blown lawsuit. The Ideal Candidate.

Copyright Infringement 141

Copyright Infringement Social Media Reporting Television 141

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 98

Blogging Copying Social Media Copyright 98

43(B)log

MARCH 1, 2022

Anyway, Bell goes around suing unauthorized users of the passage, mostly public schools or nonprofits that publish the passage on social media. If that were all, copying the WIN Passage would be qualitatively significant. Not for nothing, the Second Circuit has wisely rejected assessing factor three by counting registrations.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

TorrentFreak

NOVEMBER 1, 2022

Ironically, Yout then amplified that message by seeking out news coverage of this litigation,” the RIAA notes. Yout’s operator then posted these headlines on social media to promote his service, the RIAA claims. — A copy of RIAA’s motion for attorneys’ fees is available here (pdf).

Music 143

Music Social Media Technology Copying 143

Michael Geist

APRIL 14, 2023

Using the Access to Information Act, I have now obtained a copy of the government’s internal estimates for the economic and production impact of Bill C-11 ( methodology , memorandum , PPT ), which confirm many of my suspicions.

Government 103

Government Social Media Television Ownership 103

Technology & Marketing Law Blog

JUNE 27, 2023

Copying-in-Fact. If a plaintiff can’t show mechanical copying through direct evidence, it can establish copying inferentially by showing that the defendant had access to the copyrighted work and that it’s improbable the works’ similarities were due to the defendant’s independent creation.

Copyright 98

Copyright Artwork Copying Social Media 98

TorrentFreak

OCTOBER 1, 2023

In our brave new world where millions of ordinary people are copyright holders of snaps they publish to social media or videos they upload to YouTube, awareness of copyright law is at an all-time high. ” and “Is it copyright if nobody knows I copied a song and changed it so it sounds nothing like the original?”

Fair Use 120

Fair Use Copyright Copying Copyright Infringement 120

Technology & Marketing Law Blog

DECEMBER 13, 2024

But the suit, in which 24-year-old influencer Sydney Nicole Gifford accuses another influencer, 22-year-old Alyssa Sheil, of copying both her posts and her style, may have an outsized effect on the law around online content creation. Sydney Nicole LLC v. Alyssa Sheil LLC , 1:24-cv-00423-RP (W.D.

Blogging 64

Blogging Social Media Law IP 64

The IPKat

AUGUST 11, 2021

IPKat readers interested in copyright are well aware of how, over the past several years, the right of communication to the public has gained a top spot in litigation and case law. This makes the scenario very similar to the Renckhoff case, where a re-post occurred after the file was copied to another server.

Copyright Infringement 145

Copyright Infringement Copyright Due Diligence Social Media 145

The IP Law Blog

AUGUST 4, 2022

Embedding” means the process of copying unique HTML code assigned to the location of a digital copy of the photo or video published to the Internet, and the insertion of that code into a target webpage or social media post so that photo or video is linked for display within the target post. Amazon.com, Inc.

Copyright Infringement 98

Copyright Infringement Social Media Licensing Publishing 98

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. For example, Fashion Nova is routinely sued for copying iconic fashion designs, even being sued by Versace over the iconic Jennifer Lopez dress. DIY Tricks?

Intellectual Property 115

Intellectual Property Design Designs Copyright 115

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. I’m keeping my fingers crossed this anomaly gets fixed somewhere in this litigation. I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry , Knapke v. Copyright Preemption.

Advertising 111

Advertising Advertising Social Media Blogging 111

TorrentFreak

MARCH 4, 2024

“This damages award is a fraction of what it could be if this case were litigated and the full scope of Defendants’ infringement revealed,” the publishers note. Since this amount represents just a small subset of all infringements, the request is reasonable, the publishers note.

Publishing 123

Publishing Social Media Copyright Infringement Copyright 123

The IP Law Blog

OCTOBER 13, 2022

Alexander testified that she declined the offer and advised WWE that she did not grant it any permission to copy, duplicate, or otherwise reproduce any of her designs. Counsel for Alexander is quoted as saying that Alexander’s win at the trial court could “open the floodgates of litigation) and I think I agree with him.

Fair Use 98

Fair Use Copyright Licensing Copying 98

Kluwer Copyright Blog

FEBRUARY 2, 2023

Litigation against generative AI started in 2022 with a class action launched against Copilot , an AI trained to generate computer code using examples from Github. A journalist used Midjourney to illustrate an article in The Atlantic and was attacked on social media for not hiring an illustrator.

Copyright 145

Copyright Art Registration Fair Use 145

43(B)log

SEPTEMBER 15, 2021

They alleged that defendants copied the program and infringed the patent, as well as engaged in a smear campaign against plaintiffs in an effort to steal market share in the pediatric orthopedic industry. I’m only going to discuss the false advertising aspects.

Advertising 45

Advertising Advertising Social Media False Advertising 45

Copyright Lately

MAY 27, 2021

In a nutshell, the lawsuit alleges that the social media app induced and contributed to “widespread copyright infringement” by allowing third parties to embed photos from public Instagram feeds onto their own websites. A copy of the complaint is below. Do the plaintiffs have a case? View Fullscreen.

Copyright Infringement 77

Copyright Infringement Social Media Copying Licensing 77

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Note that Florida’s social media censorship law has relevance to the lost data question, because it says services must “allow a user who has been deplatformed to access or retrieve all of the user’s information, content, material, and data for at least 60 days.” Bonne chance.”).

Contracts 119

Contracts Social Media Advertising Advertising 119

LexBlog IP

OCTOBER 30, 2021

Copyright disputes do not need to escalate into costly and time-consuming litigation. This includes, for example, someone copying, performing, publishing, recording, selling, or distributing your copyrighted work on the internet without your permission. Social Media Complaints and Takedown Policies. Litigation.

Copyright Infringement 52

Copyright Infringement Cease and Desist Copyright Social Media 52

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

SpicyIP

AUGUST 4, 2024

However, to safeguard the interest of the respondent, the Court directed the appellant to place the copy of the GST invoices on the record within ten days of the sale. The DB held that prejudice would be caused to the appellant if such is not allowed. The defendants misrepresented themselves to be an extension of the plaintiff.

Social Media 105

Social Media Trademark Licensing Music 105

The IPKat

SEPTEMBER 30, 2024

The company supported its claims by using screenshots of social media posts, including hyperlinks. IP Job opportunities, Events, and Reports Eleonora Rosati notified the patent-focussed IPKat readers about the upcoming 3-day Pharma & Biotech Patent Litigation Summit to be held in Amsterdam.

Intellectual Property 69

Intellectual Property Design Designs IP 69

Copyright Lately

SEPTEMBER 26, 2022

After over four years of litigation and five COVID-related continuances, it’s finally time for the main event. 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. Lllllllet’s get ready to litigate!

Fair Use 93

Fair Use Licensing Ownership Copying 93

Copyright Lately

OCTOBER 3, 2022

From a purely economic standpoint, Alexander’s case was the litigation equivalent of a tattoo fail. In addition, in granting Alexander’s motion for partial summary judgment, the court found that Alexander held valid copyrights in the tattoo designs at issue and that defendants copied those works.

Fair Use 88

Fair Use Design Designs Licensing 88

IPilogue

JANUARY 11, 2023

IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation.

Journalism 80

Journalism Privacy Contracts IP 80