Copyright Lately

DECEMBER 29, 2024

Ignoring the technical and practical realities of modern online content sharing risks turning every casual social media user into a potential copyright defendant. Chicken Joes earns its spot on my list of the years worst copyright decisions. Fair Use Declawed. law in generalapplies only to domestic rights.

Copyright 116

Copyright Social Media Cease and Desist Fair Use 116

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.

Copyright 102

Copyright Settlement Licensing Litigation 102

Plagiarism Today

SEPTEMBER 28, 2021

In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.” ” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works. Bottom Line.

Fair Use 279

Fair Use Non-Fungible Tokens Copyright Derivative Work 279

Velocity of Content

OCTOBER 27, 2024

As lawsuits mount against AI companies over copyright infringement – most recently with Dow Jones and NY Post suing Perplexity AI for “massive illegal copying,” Microsoft’s CEO Satya Nadella calls for more flexible copyright laws. ” This analogy fundamentally mischaracterizes how LLMs work.

Fair Use 52

Fair Use Copying Copyright Infringement Copyright 52

TorrentFreak

MARCH 27, 2022

Dealing with most claims this way provides efficiency for YouTube but there are times when algorithms get things wrong or complex issues such as determining instances of ‘fair use require input from human beings. Copyright Operations Specialist. To this end, Google/YouTube is now seeking to boost its already massive team.

Copyright 145

Copyright Fair Use Copyright Law Advertising 145

Copyright Lately

OCTOBER 20, 2024

At trial, American focused primarily on its trademark infringement and unfair competition claims, arguing that Skiplagged misled consumers by making itself appear like an authorized agent of the airline, in part by using American’s logo in ways that could cause confusion. Here, the jury sided with the airline, awarding $4.7

Copyright 83

Copyright Fair Use Social Media Business 83

Velocity of Content

OCTOBER 19, 2023

The culmination of a decades-long effort, and well before the Digital Millennium Copyright Act and Copyright Term Extension Act were passed in 1998, the 1976 Copyright Act ushered in a new era of copyright law in the United States. Nation Enterprises.

Copyright 116

Copyright Fair Use Copyright Law Copyright Notice 116

Intepat

DECEMBER 18, 2024

This article explores the essentials of copyright licensing in podcasting, debunks common myths, examines relevant case laws, and provides actionable steps to ensure compliance while maintaining creative freedom. Additionally, if the use does not harm the market value of the original work, it is more likely to be considered fair use.

Licensing 52

Licensing Copyright Public Domain Music 52

Nelligan Law

FEBRUARY 20, 2024

Today, tattoos serve as deeply intimate expressions of identity and selfhood, with each design narrating a unique tale and mirroring the innermost musings, sentiments, and escapades of the wearer. In the realm of tattoo artistry, the tango between creativity and copyright law is a delicate affair, riddled with complexities and nuances.

Copyright 105

Copyright Fair Use Copyright Law Settlement 105

SpicyIP

FEBRUARY 28, 2025

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Though a recipient of widespread international popularity for its cost-effectiveness in accessing varied entertainment, news and sports content, the use of IPTV technology has always been clouded by legal challenges.

IP 59

IP Copyright Infringement Copyright Copyright Law 59

LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

TorrentFreak

DECEMBER 22, 2023

According to the Authors Alliance, IA’s digital ebook library is a prime example of a service that should be permitted to operate as fair use, as it benefits both writers and readers. “Libraries have always been free under copyright law to lend materials they own as they see fit.

Copyright 140

Copyright Fair Use Publishing Marketing 140

The IP Law Blog

APRIL 8, 2021

Finding Google’s copying a fair use, the Supreme Court ended Oracle’s decade-long attempt to recover copyright damages. The battle began between these tech giants when Google designed its Android software platform for mobile devices, such as smartphones. Weighing the fair-use factors, the Court found in Google’s favor.

Fair Use 52

Fair Use Copyright Copying Designs 52

Copyright Lately

JANUARY 23, 2024

A first-of-its-kind copyright infringement trial is scheduled to begin today in Los Angeles. Like the tattoo at issue in the case, the lawsuit is poised to leave a lasting impression, not only on copyright law, but the entire multi-billion-dollar tattoo industry.

Social Media 142

Social Media Fair Use Copyright Infringement Copying 142

Dear Rich IP Blog

AUGUST 3, 2022

But if you can't get permission, you may have a reasonable fair use argument. Reproducing the image without the copyright owner's permission is an infringement unless you can claim fair use. Architectural copyright. If the museum is new (built after 1990), copyright law protects the building's design.

Publishing 97

Publishing Fair Use Artwork Copyright 97

Michael Geist

DECEMBER 3, 2024

The claim is sprinkled with the most obvious reason: the Canadian media companies want a settlement that involves OpenAI paying licence fees for the inclusion of their content in its large language models and the lawsuit is designed to kickstart negotiations. Thus far, many of the lawsuits elsewhere have largely failed: a U.S.

Settlement 112

Settlement Copyright Licensing Copyright Infringement 112

TorrentFreak

FEBRUARY 17, 2022

These videos are often around 10 minutes in length but rather than giving a flavor of a movie to whet the appetite, they are designed to give away entire plotlines and necessarily include spoilers. The other suspects who were arrested last summer all pleaded guilty to criminal breaches of Japan’s copyright law.

Editing 145

Editing Cinema Copyright Law Copyright 145

Technology & Marketing Law Blog

MAY 17, 2024

But it won on a different and, in many respects, much broader legal theory: conflict preemption with copyright law. A Brief Recap on Contract Preemption To appreciate the significance of this opinion, let’s revisit the law of copyright preemption. The Copyright Act includes an express preemption clause, 17 U.S.C. §

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

Copyright Lately

AUGUST 22, 2021

Back in May, I wrote about an overzealous copyright infringement lawsuit filed by Rachel Dolezal , the woman best known for mispresenting her racial background. The complaint raised concerns that Dolezal was using copyright law to purge the historical record of her controversial past, while seeking substantial monetary damages in the process.

Copyright 93

Copyright Fair Use Settlement Designs 93

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. Skull arm design. Bible verse design. Upper back design.

Fair Use 85

Fair Use Designs Design Licensing 85

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. This is how her picture might look on some useful articles: Who doesn’t love a hula-hooping cat? You get the idea. Vila’s Claim.

Copyright 102

Copyright Derivative Work Artwork Fair Use 102

Technology & Marketing Law Blog

NOVEMBER 21, 2021

The board says the unregistrable emoji animations “include a familiar heart design and some very minimal amount of motion, which is de minimis and thus unprotectable by U.S. copyright law. The red color adds to the familiar and predictable nature of the heart designs. As the heart breaks, it tilts to the right.

Copyright 126

Copyright Registration Fair Use Designs 126

IP and Legal Filings

SEPTEMBER 29, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

IP and Legal Filings

OCTOBER 4, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

Copyright Law 52

Copyright Law Copyright Law Fair Use 52

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

Fair Use 40

Fair Use Art Licensing Derivative Work 40

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 82

Fair Use Art Copyright Derivative Work 82

Velocity of Content

JANUARY 25, 2024

“Is offshoring the training of AI a credible and efficient response to minimize copyright compliance risks or is offshoring merely a theoretical argument designed to both influence lawmakers and for government relations purposes?” Artificial Intelligence (AI) is global, and copyright laws are national.

Copyright 98

Copyright Copyright Law Copyright Infringement Government 98

Copyright Lately

OCTOBER 6, 2024

That’s because copyright law poses significant hurdles when it comes to real-life stories, and the line between fact and fiction isn’t always as clear-cut as it may seem. In that case, the court ruled in Adjmi’s favor because 3C was a parody of the sitcom and protected by fair use.

Art 125

Art Copyright Copying Copyright Law 125

SpicyIP

OCTOBER 14, 2024

Other Posts Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? Discussing the US decision in Hachette Book Group v. Internet Archive, Tanishka Goswami explains the implication of the decision on fair use and access to information.

Trademark 105

Trademark Registering Trademarks IP Copyright 105

Technology & Marketing Law Blog

SEPTEMBER 15, 2024

As a result, UMG apparently makes the blanket assumption that it owns every element of a sound recording in its catalog, leading to overenforcements like this one where it apparently is enforcing its status as a non-exclusive licensee of the beat (which copyright law doesn’t permit). Federici * Biosafe-One v.

Fair Use 105

Fair Use Cease and Desist Ownership Licensing 105

Intepat

DECEMBER 18, 2024

Pidilite contended that the defendant’s mark and packaging were designed to mislead consumers into believing there was an association with Pidilite’s products, thereby benefiting from Pidilite’s established goodwill. Design Trademarks in Fashion and Sports: Adidas India v. Novi Digital Entertainment Pvt.

Intellectual Property 52

Intellectual Property Trademark Copyright Television 52

Patently-O

AUGUST 25, 2021

In Google , the Supreme Court found fair-use but did not decide the issue of copyrightability. I’ll note that a parallel copyright claim was rejected by the U.K. copyright law.” Separately, SAS also previously litigated this copyright case in North Carolina federal court.

Copyright 126

Copyright Copyright Infringement Copying Fair Use 126

Kashishipr

OCTOBER 27, 2021

However, the idea of protecting the API through the medium of a trade secret goes against the very idea of conceptualizing and designing an API. Copyright and APIs. Copyright is the most obvious and preferred choice for protecting an API due to the basic reasons that it is permissible within the copyright laws of different nations.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Law Fair Use 98

Dear Rich IP Blog

SEPTEMBER 17, 2024

Is it still considered copyright infringement to use them? How do you tell if materials are public domain or fit under fair use? Attribution is a thoughtful gesture, but providing the authors name or source will not excuse someone from a charge of infringement (or qualify the use as a fair use).

Public Domain 52

Public Domain Fair Use Copying Copyright Notice 52

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. Craigslist, circa 1999.

Fair Use 75

Fair Use Copying Publishing Copyright 75

Technology & Marketing Law Blog

APRIL 1, 2023

Additionally, App Star argues that the applications are denied copyright protection and that “Bar-Z knew or should have known that the design elements cited in the DMCA Notification” are not subject to protection under copyright law. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v.

Fair Use 111

Fair Use Cease and Desist Contracts Ownership 111

Likelihood of Confusion

JANUARY 4, 2024

The remaining issues in the case, you may recall, were copyright infringement and Arizona unfair competition. The post Designer Skin v. Here is the status per this morning’s minute entry in the court’s electronic case. S&L Vitamins trial update appeared first on LIKELIHOOD OF CONFUSION™.

Designs 52

Designs Design Copyright Infringement Copyright 52