Copyright Lately

JANUARY 20, 2025

On the same day last week, federal judges in the Southern District of New York issued a pair of decisions that highlight the persistent legal uncertainty publishers and websites in the Second Circuit face when embedding content from social media platforms. Townsquare Media, Inc. Townsquare Media, Inc. In Richardson v.

Copyright 68

Copyright Social Media Fair Use Publishing 68

Copyright Lately

JANUARY 23, 2024

A federal jury is set to decide whether celebrity tattoo artist Kat Von D infringed photographer Jeff Sedlik’s copyright in a Miles Davis portrait by tattooing the image onto her client’s body. A first-of-its-kind copyright infringement trial is scheduled to begin today in Los Angeles.

Social Media 142

Social Media Fair Use Copyright Infringement Copying 142

Copyright Lately

OCTOBER 20, 2024

Yes, there was a copyright infringement claim in the mix, based on Skiplagged’s use of American’s “flight symbol” logo. The court denied summary judgment on American’s trademark infringement and unfair competition claims, citing unresolved factual issues. It sought $94.4 million in disgorged profits.

Copyright 83

Copyright Fair Use Social Media Business 83

TorrentFreak

MAY 26, 2023

The number of removals runs in the hundreds of thousands during a typical month, without getting noticed by the public at large, but if Instagram users continue to post copyright infringing content, they risk losing their accounts. However, as often happens with popular media, pirated footage was readily available too.

Social Media 144

Social Media Copyright Infringement Ownership Fair Use 144

Technology & Marketing Law Blog

JUNE 2, 2022

She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. Here is Sedlik’s photo and Kat Von D’s tattoo rendering on Farmer: Infringement. ” As for whether the tattoo is substantially similar to the copyrighted elements of the photo, the court sends the issue to the jury. .”

Copyright 145

Copyright Social Media Fair Use Licensing 145

IP and Legal Filings

FEBRUARY 15, 2023

The availability of a large variety of information has also increased the risk of Copyright Infringement due to its easy accessibility and dissemination. This has led to varying degrees of copyright infringements in this digital era. However, with more advantages, some disadvantages also come into play.

Copyright Law 98

Copyright Law Copyright Law Social Media 98

Copyright Lately

JULY 15, 2024

The Beastie Boys filed a copyright infringement lawsuit against Chili’s over a ‘Sabotage’ parody, but is it a case of mistaken identity? By now, you’ve probably heard about the copyright infringement and false endorsement lawsuit filed by legendary hip-hop group Beastie Boys against Chili’s Grill & Bar.

Social Media 100

Social Media Music Fair Use Copyright Infringement 100

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.

Fair Use 106

Fair Use Copyright Artwork Social Media 106

TorrentFreak

JANUARY 2, 2022

Copyright infringement disputes come in many shapes and sizes. What is rare, however, is for a copyright infringement dispute to have an air of sadness, especially when that affects both sides, albeit in different ways. Mark believes his work is allowed under fair use but that didn’t seem important to Toei.

Social Media 145

Social Media Fair Use Copyright Infringement Copyright 145

IPilogue

OCTOBER 1, 2022

Typically, tattoo aftercare instructions include strictly hygienic recommendations, but tattoo artist Kat Von D might have a unique suggestion: prepare to be an exhibit in a copyright infringement lawsuit. for copyright infringement under the Copyright Act of 1976. Sedlik (“Sedlik”) filed a complaint in the U.

Copyright Infringement 129

Copyright Infringement Fair Use Art Copyright 129

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. But if they appear on film without permission, even fleetingly, they could prompt a copyright infringement lawsuit.

Artwork 91

Artwork Copyright Infringement Copyright Art 91

Plagiarism Today

OCTOBER 7, 2021

That, in turn, prompted a counterclaim by Dorland for copyright infringement. 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

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 107

Fair Use Social Media Copyright Copyright Infringement 107

Art Law Journal

JULY 31, 2020

Knowing more about copyright and fair use will help you determine what is yours to use and what is off limits. Nicole Martinez.

Fair Use 73

Fair Use Blogging Copyright Social Media 73

IP Intelligence

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § 107(1) asks whether the contested use “is of a commercial nature.” 107 is common practice. Indeed, part of 17 U.S.C. § Acuff-Rose Music, Inc.

Fair Use 52

Fair Use Advertising Advertising Copyright 52

LexBlog IP

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § § 107(1) asks whether the contested use “is of a commercial nature.” § 107 is common practice. Indeed, part of 17 U.S.C. §

Fair Use 52

Fair Use Advertising Advertising Copyright 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 117

Fair Use Copyright Copying Copyright Infringement 117

LexBlog IP

SEPTEMBER 30, 2022

The lack of a copyright notice does not give you permission to use the work. Copyright infringement occurs when a person or company uses another’s copyrighted work without permission. Examples of copyright infringement include the following when done without permission.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

TorrentFreak

OCTOBER 7, 2023

Copyright complaints kept coming in and increased in volume compared to the same period last year, the site’s latest mid-year transparency report shows. 1169% Increase in User Access Requests Before, going into the copyright infringement report it is worth pointing out a statistic that was directly triggered by the new API policy.

Copyright 126

Copyright Copyright Infringement Fair Use Reporting 126

Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

Copyright 83

Copyright Social Media Fair Use Artwork 83

TorrentFreak

MARCH 19, 2024

Instead of alleging concrete copyright infringement by end users, the technology itself is framed as copyright-infringing. “At most, The Times’s allegations establish Microsoft’s awareness that someone could use a GPT-based product to infringe. Instead, it mostly sticks to its original claims.

Copyright Infringement 122

Copyright Infringement Television Copying Social Media 122

IP Tech Blog

MARCH 28, 2023

A federal district court in New York held that the Internet Archive’s Open Library project was engaging in copyright infringement by publishing digital copies of millions of books online. The court engaged in an extensive analysis of whether the purpose and character of Internet Archive’s use was transformative. of America v.

Fair Use 57

Fair Use Copying Publishing Copyright Infringement 57

LexBlog IP

MAY 3, 2022

Bell waited almost a year to notify the school that two of its social media accounts had infringed the copyright. The school district removed both posts and told Bell it was a “teachable moment” After settlement negotiations broke down, Bell sued for copyright infringement.

Fair Use 52

Fair Use Social Media Copyright Marketing 52

Technology & Marketing Law Blog

SEPTEMBER 18, 2021

In a weird turn, the plaintiffs only pursued a contributory copyright infringement theory against Instagram, where the incorporating websites are the direct infringers and Instagram facilitates their infringement. Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act.

Copyright 126

Copyright Copyright Infringement Social Media Licensing 126

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.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Indiana Intellectual Property Law

FEBRUARY 12, 2024

The jury found that Von D’s tattoo, drawing, and social media posts based on Sedlik’s portrait constituted fair use of the copyrighted work, effectively dismissing the photographer’s claims of infringement. For Von D, the decision marked the end of a two-year legal ordeal.

Fair Use 52

Fair Use Social Media Art Copyright 52

LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Copyright Lately

OCTOBER 2, 2023

It’s time to start paying attention though, because a Delaware District Court judge just ordered this low-profile AI case to trial, largely denying the parties’ motions for summary judgment on copyright infringement and fair use (read the opinion here). These copies, Ross claims, are fair use.

Fair Use 99

Fair Use Copyright Copying Copyright Infringement 99

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 120

Copyright Fair Use Social Media Copying 120

LexBlog IP

NOVEMBER 1, 2023

Businesses looking to capitalize on amusing or interesting videos in social media channels should beware of potential copyright infringement liability and bear in mind that a fair use defense may not be available. Frank Kent moved to dismiss the action, but the U.S. Read more

Fair Use 40

Fair Use Social Media Copyright Copyright Infringement 40

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 111

Copyright Social Media Copyright Infringement Publishing 111

43(B)log

APRIL 26, 2023

Copyright infringement: This was permissible comparative advertising, which is fair use: [I]t is clear that IDT used the images to compare its own Texas post drivers to the Montana post drivers sold by Creager, even if IDT’s advertisement does not include a picture or image of its own product.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

IP and Legal Filings

JULY 31, 2021

and Greenpeace Australia Pacific regarding the dispute between alleged trademark and copyright infringement by Greenpeace. Fair Dealing. The use of AGL’s logo cannot be, in any case, termed as fair use as the logo was primarily being used for defaming the reputation and making it ‘toxic.’.

Social Media 98

Social Media Fair Use Copyright Copyright Law 98

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

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? The court then moves on to consider Viacom’s copyright infringement claim.

Blogging 111

Blogging Social Media Television Fair Use 111

43(B)log

MAY 19, 2023

WowWee’s Vice President of Brand Development & Creative Strategy, Sydney Wiseman, used her WowWee email address to create a Roblox user account and used her Roblox account to promote My Avastars dolls on social media, including videos on her TikTok account.

Copying 94

Copying False Advertising Social Media Advertising 94

Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. Nonetheless, Shah has not alleged authorship under current Seventh Circuit law and the Court dismisses his copyright infringement claim. (To

Copyright 124

Copyright Fair Use Licensing Ownership 124