IP and Legal Filings

JANUARY 13, 2023

Copyright infringement and De Minimis are often replaced to complement each other. However, de minimis is sometimes used as a defence in a copyright lawsuit. More often than not, the lawsuits filed for copyright infringement are cases of de minimis and thereto, get dismissed on the anvil of frivolity.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

Technology & Marketing Law Blog

JUNE 2, 2022

Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. Nature of Use. This factor weighs against fair use.

Copyright 143

Copyright Social Media Fair Use Licensing 143

IP and Legal Filings

APRIL 19, 2022

It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Copyright infringement cases on the internet have increased because the internet has become more widely available. Legal Framework governing take down notice.

Copyright Law 74

Copyright Law Copyright Law Copyright Infringement 74

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

TorrentFreak

APRIL 7, 2024

Aside from addressing copyright infringements in an automated fashion, the Content ID system brings in billions of dollars in revenue. Many rightsholders choose to monetize copyright-infringing videos instead of taking them down, which can be quite lucrative. This approach was initially controversial but not anymore.

Copying 93

Copying Copyright Infringement Fair Use Social Media 93

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. LAW AND ECONOMICS. iv] First, it must identify which of the competing uses is more socially valuable.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IP and Legal Filings

JULY 31, 2021

and Greenpeace Australia Pacific regarding the dispute between alleged trademark and copyright infringement by Greenpeace. Fair Dealing. Its large-scale use of energy and less reliance on renewable sources only garnered 10% of the power supply in 2020 with its planning to switch on to renewable sources by 2048.

Social Media 98

Social Media Fair Use Copyright Copyright Law 98

Technology & Marketing Law Blog

JANUARY 3, 2023

” However, Wallshoppe does not allege Defendant knew of the specific acts of infringement at issue here—Sienna Lewis selling products featuring the Palm Design on Defendant’s website. Jury awards nearly $50M in damages against Internet access provider for user-caused copyright infringement. Verizon Media, Inc.,

Copyright 94

Copyright Social Media Copyright Infringement Publishing 94

Kluwer Copyright Blog

OCTOBER 3, 2023

The Common Crawl dataset is owned by a non-profit, which makes the data available to the public for free — but it is intended to be used for research and education and, according to the plaintiffs, it was never intended to be turned into an AI product for commercial use (see here and here ). 4th 1149 (9th Cir. 3d 723, 743 (9th Cir.

Fair Use 134

Fair Use Privacy Copyright Technology 134

SpicyIP

OCTOBER 11, 2021

Fair dealing requirements under Indian law are quite broad, but one would assume they are purpose built for circumstances like this, where short clips from Aaj Tak have been taken and critical commentary added to it by Newslaundry. New Social Media Rules, But No Clarity for Copyright Claims.

Copyright 105

Copyright Social Media Copyright Infringement Copyright Notice 105

IP Tech Blog

AUGUST 15, 2022

copyright infringement by MoneyBags). Then, the court must balance the equities by weighing the potential harm to the party seeking disclosure against the speaker’s interest in anonymity, in light of the strength of the underlying copyright infringement claim. If the use is fair, it is not infringement.

Fair Use 62

Fair Use Copyright Infringement Copyright Marketing 62

Copyright Lately

DECEMBER 29, 2021

Last year, it was the Ninth Circuit’s reversal of a pleading-stage dismissal by Central District of California Judge Consuelo Marshall, which (correctly in my view) found that similarities in stock and unprotectable pirate genre elements such as battles at gunpoint and jewel-filled caves couldn’t support a viable copyright infringement claim.

Copyright 113

Copyright Fair Use Social Media Copying 113

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. Vila later filed a lawsuit for copyright infringement against Deadly Doll based on the unauthorized reproduction and distribution of his photo. .

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

TorrentFreak

MAY 16, 2022

Neither does the group chase down people who share its music in a friendly way on social media or file-sharing networks. However, if critics (so-called ‘apostates’) use Watch Tower copyrighted content to challenge its authority or practices, bad things can follow. Copyright battles can be one-sided affairs.

Fair Use 123

Fair Use Copyright Litigation Music 123

Copyright Lately

MAY 17, 2021

Parody is tricky, both as an art form and as a matter of copyright law. And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement.

Fair Use 96

Fair Use Copying Television Social Media 96

SpicyIP

MARCH 10, 2023

It is capable of writing articles, translating, summarizing and answering follow-up questions and can also create content that can be protected under copyright law. There is a higher probability of such Output being considered as infringing by the courts, when a user uses ChatGPT’s Output for commercial purposes.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

Kluwer Copyright Blog

FEBRUARY 2, 2023

We will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.” Registration was refused in August 2019, in line with previous US case law and guidance. We were not aware that the image may have been created by AI” 2.

Copyright 145

Copyright Art Fair Use Registration 145

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

IPilogue

OCTOBER 28, 2021

Copyright Creeping into Costumes. In general, any clothing, including costumes, is not protected by copyright laws. 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.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. It’s usually on the receiving end of the “I came up with it first!”

Music 102

Music Derivative Work Fair Use Cease and Desist 102

Technology & Marketing Law Blog

AUGUST 1, 2023

In other words, the gist of the case is whether the photographers surrender their right to exclude others by voluntarily posting their own photos to social media. Therefore, Perfect 10 has made a prima facie case that Google’s communication of its stored thumbnail images directly infringes Perfect 10’s display right. 3d at 1160.

Blogging 96

Blogging Copying Social Media Copyright 96

Copyright Lately

MAY 1, 2023

First of all, in terms of copyright, to reiterate our very clearly articulated position. sophisticated generative AI that’s enabled by large language models, which trains on our intellectual property, violates copyright law in several ways. copyright law really doesn’t seem to give UMG a ton of options.

Music 84

Music Copyright Copying Copyright Law 84

SpicyIP

DECEMBER 20, 2023

With further ado, here’s what I found in Novembers: Database Protection in India: Since Prof Basheer’s 2005 post about the inaccurate implication of the theft of data as copyright infringement, to 2023, not much seems to have changed. The Indian courts have further clarified this issue. Feels like history is repeating itself.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? Inputs When it comes to potentially infringing actions committed by the developers of AI tools, the most likely candidate is the initial scraping (i.e.

Derivative Work 106

Derivative Work Art Copying Fair Use 106

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs also may embody or use trademarks. This is highlighted in the case of Hermès International v.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

The IPKat

JULY 9, 2023

As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This book should not be perceived as a classic manual on the application of copyright to these art forms. Chapter 3 is entitled "Copyright within the street art and graffiti circles".

Art 56

Art Copyright Moral Rights Cease and Desist 56

LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs also may embody or use trademarks. This is highlighted in the case of Hermès International v.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

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. Full credits go to the copyright owner. No copyright infringement intended.”

Fair Use 95

Fair Use Copyright Copying Copyright Infringement 95

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. Skull arm design.

Fair Use 81

Fair Use Designs Design Licensing 81

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. Instead, IA argued that its conduct was protected by fair use. A New York federal judge has ruled in favor of four leading U.S.

Fair Use 72

Fair Use Copying Publishing Copyright 72

Copyright Lately

APRIL 19, 2022

Over the past quarter-century, transformative use has become shorthand for fair use itself. When I first heard that the Supreme Court had agreed to take up the fair use fight over Andy Warhol’s “Prince Series,” my first reaction was “Oh wow.”. Fair use is supposed to be about balance and flexibility.

Fair Use 77

Fair Use Art Copyright Social Media 77

Copyright Lately

MAY 21, 2021

Earlier this week, she filed a lawsuit for copyright infringement against CBS Interactive over a photograph CBS used in a 2015 Entertainment Tonight Online article about her scandal. This isn’t the first copyright infringement claim Dolezal has brought against the media.

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

JIPEL Copyright Blog

MARCH 21, 2022

Players rallied against Nintendo’s actions, causing #FreeMelee to trend across social media and throughout the gaming world. ROMs which are possessed or distributed without the copyright holders’ permission likely violate copyright law in various ways. The second issue comes from Slippi itself.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

Copyright Lately

OCTOBER 25, 2021

But Lewis thought the song was a rip-off of “I Want a New Drug” and asserted a copyright infringement claim against Columbia Pictures. Following trial, the court found that the similarities between the parties’ websites weren’t substantial enough to constitute copyright infringement. ” 13.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

NOVEMBER 8, 2023

This language, as others have noted, is very similar to its previous statement in Eldred that fair use and the idea/expression distinction internal to copyright law provide all the First Amendment protection necessary in the context of copyright infringement. But products can be expressive, some will say!

False Advertising 73

False Advertising Advertising Advertising Trademark 73

Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. There’s a fair amount to unpack here, so let’s start with the facts, which I’ve compiled from my review of court files in both New York and California.

Copyright 80

Copyright Derivative Work Fair Use Social Media 80