Plagiarism Today

OCTOBER 25, 2021

A similar work to that piece was used on the Nirvana Vestibule shirt, also based on Dante’s Inferno. That prompted the lawsuit for copyright infringement. However, a judge has dismissed the lawsuit, arguing that one of the key issues in the case is whether Bundy holds the copyright in question.

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Technology & Marketing Law Blog

NOVEMBER 22, 2022

Three cases have filed a “notice of settlement,” though some of the other dismissals may reflect undisclosed settlements. The difference between liability risk levels of $30,000 (the CASE Act maximum) and $150,000 (the maximum trial award for statutory damages for one act of infringement) was functionally nil, with 2.2%

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Copyright Fair Use Settlement Blogging 145

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. This has important implications for the doctrine of fair use.

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Copyright Lately

OCTOBER 24, 2022

The letter claimed that the director, an ad agency, and a popular theme park had all committed copyright infringement because a panda appeared in the background of their TV commercial. This prompted a quick settlement which allowed the chair to remain in the picture. The parties ultimately settled the case before trial.

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Technology & Marketing Law Blog

FEBRUARY 24, 2022

[I published this post initially on the Association of Research Libraries blog in celebration of Fair Use Week 2022. Publishing these materials can create substantial legal risk for research-focused bloggers, including the risk of copyright infringement. Prayers for Ukraine.]. For example, in Righthaven LLC v.

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TorrentFreak

APRIL 5, 2023

Take-Two Files Copyright Lawsuit In September 2021, Take-Two filed a lawsuit against the programmers, claiming that the aim of the projects was to create and distribute pirated versions of GTA 3 and Vice City. For good measure, Take-Two also demanded damages for alleged misrepresentations in the defendants’ DMCA counternotices.

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JD Supra Law

JUNE 17, 2022

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright infringement dispute between a paparazzo and Emily Ratajkowski, and discuss the settlement’s implications for Fair Use. By: Weintraub Tobin

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Copyright Lately

SEPTEMBER 29, 2024

Atari’s copyright infringement lawsuit against State Farm advances, underscoring the importance of careful clearance in advertising. On Friday, a Texas federal judge dismissed much of the case but kept Atari’s core copyright infringement claim in play.

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LexBlog IP

MAY 3, 2022

The school district removed both posts and told Bell it was a “teachable moment” After settlement negotiations broke down, Bell sued for copyright infringement. The school district invoked the fair use defense and moved to dismiss the claim for failure to state a claim.

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BYU Copyright Blog

SEPTEMBER 2, 2022

The district court that initially heard the case ruled in favor of ComicMix on both issues, finding, in particular, that the use of Seuss's copyrighted expression was excused under the fair use doctrine. Seuss, on the other hand, filed a renewed motion for summary judgement on the issue of copyright infringement.

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Nelligan Law

FEBRUARY 20, 2024

Yet, with this newfound mainstream acclaim and popularity comes a slew of legal and ethical quandaries, as the demarcation between inspiration and infringement grows increasingly hazy. In the realm of tattoo artistry, the tango between creativity and copyright law is a delicate affair, riddled with complexities and nuances.

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Copyright Fair Use Copyright Law Settlement 105

JIPL Online

APRIL 9, 2021

In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale. Minc Law (Sept.

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Copyright Infringement Copyright Intellectual Property Blogging 98

Nelligan Law

MARCH 25, 2024

Reading Time: 2 minutes In a courtroom drama that could rival a Warholian masterpiece, the Andy Warhol Foundation and photographer Lynn Goldsmith have finally put their legal paintbrushes down, reaching a colorful settlement that’s sure to leave both sides seeing the world through a different lens. GOLDSMITH ET AL.,

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Copyright Infringement Fair Use Art Settlement 105

Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. As a result, we’ve seen very, very few successful 512(f) enforcements.

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JD Supra Law

JUNE 17, 2022

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright infringement dispute between a paparazzo and Emily Ratajkowski, and discuss the settlement’s implications for Fair Use. By: Weintraub Tobin

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Copyright Lately

AUGUST 22, 2021

Recent decisions suggest courts are losing patience with those who bring dubious copyright infringement claims as part of their business models. Back in May, I wrote about an overzealous copyright infringement lawsuit filed by Rachel Dolezal , the woman best known for mispresenting her racial background.

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Copyright Fair Use Settlement Design 87

BYU Copyright Blog

NOVEMBER 18, 2024

The Complaint alleged that Boston University used and distributed these materials without his consent to promote and run the course, despite a Settlement Agreement from 2019 that purportedly restricted such use. Boghraty's claims focused on copyright infringement and breach of contract.

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TorrentFreak

FEBRUARY 1, 2024

After the H3 Podcast aired a short clip of the event on YouTube, featuring a fight that lasted just 119 seconds, Triller filed a copyright infringement lawsuit against creators Ethan and Hila Klein. Ben Askren PPV boxing event will turn three years old and still be remembered for all that went wrong. Last week, Ted Entertainment, Inc.

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TorrentFreak

MAY 16, 2022

McFree filed a motion to quash, arguing that any use of Watch Tower material was protected under the doctrine of fair use. After three years of legal dispute in that matter, in 2021 Watch Tower filed a parallel copyright infringement lawsuit against McFree for the same alleged infringements.

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Technology & Marketing Law Blog

NOVEMBER 16, 2024

The defendant published a bio on Sewell and included one of McDermott’s photos–apparently sourced from an unrelated Instagram account (possibly another infringer, or perhaps that account has a fair use defense?). McDermott, represented by the Sanders Law Group, sued KMC for copyright infringement.

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LexBlog IP

NOVEMBER 28, 2023

But wait, shouldn’t the Fair Use Doctrine imputed under the First Amendment apply to an obviously parodied creative work? Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here? Yes and no. All meme-like images in this article are properly licensed. What about meme generators?

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SpicyIP

JULY 1, 2024

In light of the recent settlement between Youtuber Dhruv Rathee and Dabur in a trademark and copyright infringement dispute, SpicyIP intern Aarav Gupta writes on how use of a mark in commentaries and critiques should not amount to infringement and highlights the larger public interest in such commentaries/ critiques.

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Technology & Marketing Law Blog

MARCH 29, 2023

At an initial conference on January 23, 2023, the parties reached a settlement and asked to dismiss the claim. Oppenheimer’s attorney emailed me suggesting that we agree to present the claim to the copyright claims board in lieu of trial. Fair Use: From my perspective, the fair use analysis is what I’ve been waiting for.

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BYU Copyright Blog

SEPTEMBER 6, 2021

However, Lehren claims that it would characterize the copied text “as limited and immaterial[,]” and asserts that the, "copying falls within the Fair Use exception to infringement."Lehren Lehren asserts multiple affirmative defenses to Ivy's claims, including copyright misuse and unclean hands.

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The IPKat

MARCH 7, 2024

The Case of Upcycling”, Irene Calboli and Siroos Tanner address the IP dimension of upcycling and explore ways to prevent this environmentally friendly practice from being hindered by claims of potential trademark and copyright infringement. The analysis concludes with a review of recent US cases.

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Technology & Marketing Law Blog

DECEMBER 27, 2024

Bell has filed at least 25 copyright lawsuits. Two prior blog posts on Bell’s litigation efforts: Fair Use Protects High Schools Use of Inspirational MemeBell v. Eagle Mountain School District [this is a key precedent for this case] Can a Retweet Constitute Copyright Infringement?

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Plagiarism Today

AUGUST 18, 2021

First off today, Joseph Menn at Reuters reports that, despite a recent settlement, Apple has appealed a lower court decision in its ongoing lawsuit against the security firm Corellium. Apple sued the company, alleging that it violated both their copyright and their rights under the Digital Millennium Copyright Act.

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Copyright Lately

DECEMBER 12, 2022

“Clean,” “Pretty” and Fair. In 1994, allegations of copyright infringement, not obscenity, landed 2 Live Crew at the steps of the U.S. ” The Court held that 2 Live Crew’s version qualified as a non-infringing fair use because it was a parody that sufficiently transformed the Orbison original.

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TorrentFreak

SEPTEMBER 15, 2024

As Donald Trump used every available resource to ensure his tenancy at the most recognizable house in the United States was extended, some social media platforms had adopted an unorthodox approach to his accounts. Or even negotiating the terms of the settlement Grant offered in August 2020 before filing the lawsuit. Instead, U.S.

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Copyright Lately

OCTOBER 23, 2023

Trump is actively litigating a copyright infringement lawsuit over the Eddy Grant song “Electric Avenue” while trying to keep relevant deposition testimony in the case permanently under seal. Trump, have either you or any of your 15· ·entities been plaintiffs in copyright infringement 16· ·actions?

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Copyright Fair Use Music Copyright Infringement 93

The IPKat

DECEMBER 9, 2022

Truth be told, the answer is simple – use of a copyright work requires its rightholder’s permission, unless an exception is applicable. Politicians keep using the “fair use” defence, arguing that the political use of the works serves a noncommercial purpose or falls within the parody exception.

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