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

Copyright Lately

JULY 8, 2023

As Judge Learned Hand once wrote , “Obviously, no principle can be stated as to when an imitator has gone beyond copying the ‘idea,’ and has borrowed its ‘expression.’ This case involved an infringement claim brought by artist Saul Steinberg , who drew the image for The New Yorker magazine cover on the left.

Copyright Infringement 99

Copyright Infringement Copyright Social Media Branding 99

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated art was used for magazine covers, including Cosmopolitan and The Economist. A journalist used Midjourney to illustrate an article in The Atlantic and was attacked on social media for not hiring an illustrator. Some stock imagery libraries, including Adobe and Dreamstime , started to accept AI-generated images.

Copyright 145

Copyright Art Registration Fair Use 145

IPilogue

JANUARY 11, 2023

The Globe and Mail is Canada’s foremost news media company, a nationally-distributed newspaper with one of the largest circulations in Canada. The newspaper’s print and digital formats reach over 6 million readers every week, with Report on Business magazine reaching over 2.5 million readers every issue in print and digital.

Journalism 80

Journalism Privacy Contracts IP 80

Kashishipr

JULY 20, 2022

” In one of the articles published by Fortune Magazine in 1999, journalist Paul Lukas wrote that it is a familiar story when a small fledging company comes up with a brilliant new product – so good that a more powerful and bigger company copies its unique idea. and the so-called rival RealMe. Tencent Holdings Ltd.,

Brands 52

Brands Branding Branding Marketing 52

43(B)log

AUGUST 17, 2021

Facts in the light most favorable to the plaintiffs: Each of the plaintiffs has a significant number of followers on various social media platforms, ranging from greater than ten thousand to several million, and most are “considered social media influencers.” Plaintiffs didn’t show sufficient evidence of recognition.

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Social Media False Advertising Advertising Advertising 45

The TTABlog

JUNE 11, 2021

Sausser Summers also claimed that it “has advertised in print magazines, social media platforms, internet ads, and various other sources across the U.S. Sausser Summers also claimed that it “has advertised in print magazines, social media platforms, internet ads, and various other sources across the U.S.

Social Media 40

Social Media Advertising Advertising Business 40

IP and Legal Filings

SEPTEMBER 12, 2022

Cooper case, a work does not have to be entirely unique in order to be protected by copyright; rather, there needs to be some effort put into it and it cannot be a carbon copy of another person’s work. However, the Courts claimed that since Koons had seen the image in Allure Magazine. According to the Macmillan & Co.

Art 52

Art Copyright Artistic Work Public Domain 52

CopyrightsWorld

JUNE 10, 2021

Do you want to get hired by a fashion magazine? If you have a following on social media, there are some relatively easy ways to make the most of your reach (e.g., Despite some downsides, a portfolio website offers benefits no other media does. Physical copy matters too! doing guest blogging) to get exposure.

Design 98

Design Designs Art Business 98

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. Several had appeared in magazines, advertising campaigns, television episodes, and films. 59 Murray Enters.,

False Advertising 49

False Advertising Social Media Advertising Advertising 49

43(B)log

FEBRUARY 18, 2022

Intentional copying by D often leads to presumption of secondary meaning. RADIO SHACK found to be arbitrary; K2 for skis which is the second highest mountain in the world; MATERNALLY YOURS for maternity clothing; SEVENTEEN for the teen magazine. Suggestive: CITIBANK, DIAL-A-MATTRESS, POM for pomegranate juice.

Copyright 69

Copyright Business Branding Branding 69

43(B)log

JANUARY 18, 2022

At least some stumps shown in social media posts tagged “hammerschlagen” are not WRB stumps. WRB’s word mark registration states that “the English translation of ‘hammer-schlagen’. E.g., “It’s called hammerschlagen where I have played it. Very entertaining to play!” Consumers’ degree of care: hard to say; didn’t favor either party.

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Registration Ownership Social Media Marketing 45

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. Thus, intermediate copying for reverse engineering of software is now a rule. Where permission wasn’t sought it was either due to disregard or ignorance.

Fair Use 45

Fair Use Contracts Litigation Copying 45

Plagiarism Today

OCTOBER 7, 2021

On Tuesday, journalist Robert Kolker published an article in the New York Times Magazine entitled Who is the Bad Art Friend? Those questions come from every angle and include debates about social media, the ethics of organ donation, writers’ ethics when using elements from another person’s life and much, much more.

Plagiarism 321

Plagiarism Art Copying Privacy 321

Copyright Lately

MAY 22, 2023

Meanwhile, by the time the case reached the Court, photographer Lynn Goldsmith had limited her challenge to AWF’s act of licensing Warhol’s work to Condé Nast for use in a magazine commemorating Prince’s death. Put another way, it ain’t what you do, it’s the way that you do it. “[T]he first fair use factor.

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Fair Use Licensing Copying Artwork 102

IPilogue

APRIL 4, 2022

Her story then appeared in newspapers and magazines around the world. The only possibility of finding out who held copyright for the photograph was to ask the publisher if they had kept a copy of the contractual agreement with the photographer. It has now been viewed millions of times, making it impossible for her to be left in peace.

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Privacy Publishing Journalism Copyright 119

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. , This isn’t the first copyright infringement claim Dolezal has brought against the media. Here’s a copy of Dolezal’s complaint. View Fullscreen.

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

LexBlog IP

JULY 7, 2023

5] Prince used both photographs in his New Portraits series, which featured works that Prince created by copying and magnifying posts from Instagram (including “likes” and user comments), then adding a comment of his own. 22] The Court also clarified and arguably narrowed its decision in Campbell v. .”

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Copyright Lately

JANUARY 29, 2024

Let me know what you think in the comments below or @copyrightlately on social media. In the meantime, here’s a copy of the full (human-drafted) complaint. While these claims would probably survive a motion to dismiss, they are still likely to face significant hurdles down the line. Of course, that’s just what I think.

Registration 108

Registration Television Advertising Advertising 108

LexBlog IP

OCTOBER 25, 2023

That is the difference between the court of public opinion in one’s industry and a court of law in a governmental building—”In writing, plagiarismis a straight-up cardinal sin: If you copy, you’re wrong. That New York Times Magazine story about Larson v. ” [Robert Kolker, Who Is the Bad Art Friend?

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

Technology & Marketing Law Blog

MARCH 23, 2025

I didn’t use much social media 20 years ago – and still only primarily use 1 (BlueSky) for personal. I follow (via social and blogs) more independent journalists than I did then – I may not have followed any journalists in 2004. Second, I used to subscribe to many dead-trees printed magazines.

Social Media 52

Social Media Blogging Journalism Law 52

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 92

Copyright Derivative Work Fair Use Social Media 92