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.

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Social Media Fair Use Copyright Infringement Copying 142

Plagiarism Today

SEPTEMBER 28, 2021

I understand a lot of you may be upset that I saw a photo on social media and loved it enough to imitate it in a very different style. In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.” 3: The Andy Warhol Ruling. Bottom Line.

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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.

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Copyright Social Media Fair Use Licensing 145

The IP Law Blog

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Further, only a modicum, or small amount, of creativity is required for copyright protection to attach. That is not the case.

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Copyright Infringement Copyright Social Media Fair Use 122

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. Let me know in the comments below or @copyrightlately on social media.

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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.

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Fair Use Social Media Copyright Copyright Infringement 107

Plagiarism Today

DECEMBER 14, 2021

As we discussed back in September, the bots of YouTube have largely supplanted copyright law on the site. Rules around fair use, notice and takedown and so forth are replaced by bots that are incapable of understanding the nuances of the law itself. This has put YouTubers in a bind.

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Plagiarism Social Media Copyright Fair Use 279

IP and Legal Filings

APRIL 19, 2022

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957.

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LexBlog IP

OCTOBER 10, 2023

So if graffiti can be protected, does one need permission from the artist to photograph the work and then “publish” it to a social media platform? What if the social media account is used to promote the account owner’s own goods or services, or a third party’s brand? VARA is part of U.S.

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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. The Klein’s emerged victorious from a lawsuit in 2017 after mounting a successful fair use defense.

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Fair Use Copyright Copying Copyright Infringement 117

The IP Law Blog

JULY 22, 2021

There seems to be a belief that police service, when paired with a musical interlude, will prevent a recording of the interaction from being posted on social media due to algorithms that detect and remove videos incorporating copyrighted music (among other types of content). Why is this happening?

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Music Fair Use Copyright Reporting 104

SpicyIP

JANUARY 31, 2025

Analysing the intersection of journalistic privilege and copyright law. The role of IP law in combating the spread of misinformation and disinformation. Analysing the impact of Indian copyright law on fair use in academic and critical writing.

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Blogging Intellectual Property Journalism Social Media 59

IP and Legal Filings

JULY 31, 2021

Even more so, Greenpeace’s website also uses the tagline “Australia’s Greatest Liability” in its website, social media posts, posters, banners, and other paraphernalia using the AGL’s logo and even an altered version of its logo. Fair Dealing. Defense of Fair dealing. Image Source: gettyimages].

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Social Media Fair Use Copyright Copyright Law 98

The IPKat

APRIL 3, 2023

The IPKat has received and is pleased to host a guest contribution by Desmond Oriakhogba on the new Copyright Act 2022 signed into law by Nigeria's President. The reform process is now complete with the recent assent to the Bill, as the Copyright Act 2022, by the Nigerian President.

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Copyright Lately

DECEMBER 29, 2021

Instead of directly deciding whether the Java API declaring code copied by Google to create its Android smartphone platform was even subject to copyright protection in the first place, the court shoehorned the copyrightability question into a fair use analysis. Wilmott Storage Services. Am I totally off base?

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Copyright Fair Use Social Media Copying 120

The IP Law Blog

NOVEMBER 5, 2021

In this episode of the Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo provide an update on a copyright lawsuit against model Emily Ratajkowski, for sharing images taken of her by paparazzi on her social media accounts. Watch this episode on the Weintraub YouTube Channel, here.

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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.

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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.

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SpicyIP

DECEMBER 6, 2023

Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 2(c), the fair use exemption thereof under Sec. Whether a Mural is Subject to the Copyright A ct?

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SpicyIP

OCTOBER 11, 2021

New Social Media Rules, But No Clarity for Copyright Claims. To an extent, the misuse of notice and takedown procedures is a function of the strange evolution of copyright takedowns and intermediary liability issues in India (which we have covered extensively here).

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Copyright Social Media Copyright Infringement Copyright Notice 105

Technology & Marketing Law Blog

JANUARY 3, 2023

31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense.

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Copyright Social Media Copyright Infringement Publishing 111

TorrentFreak

AUGUST 16, 2024

The realm of content protection may yet have an AI savior waiting in the wings, but until a model can accurately determine fair use and conduct complex, error-free investigations, humans retain the upper hand. In most cases, settlements require domains used in connection with pirate services to be signed over to the MPA.

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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. This left only the fair use defense remaining for the jury.

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Copyright Lately

SEPTEMBER 8, 2024

Internet Archive (read the opinion here) , the court dealt a decisive blow to the Internet Archive, ruling that its practice of scanning and lending digital copies of books doesn’t qualify as fair use under the Copyright Act. Hit me up in the comments below or @copyrightlately on social media. For research.

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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. Did SNL go too far?

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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. The local news could then take photos of the shirt to use in a story about what a lousy dad I am. You get the idea. Paging Section 113(c).

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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.

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Copyright Lately

AUGUST 2, 2022

While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. The Musical Parody ,” “The Unofficial Bridgerton Musical” isn’t the type of parody musical that courts have often found to be fair use under the Copyright Act.

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Music Derivative Work Fair Use Cease and Desist 109

LexBlog IP

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Further, only a modicum, or small amount, of creativity is required for copyright protection to attach. That is not the case.

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Copyright Infringement Copyright Social Media Fair Use 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.

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Fair Use Copying Publishing Copyright 75

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. When used in a manner that is commercial or public, the Output might not even qualify as fair use, unless it is sufficiently transformative.

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Copyright Copyright Law Ownership Copyright Infringement 105

Olartemoure Blog

AUGUST 18, 2023

Using a photo without permission infringes upon these rights. Commercial use red flags: Using a photo for profit without consent might breach copyright law. Social media challenges: In the fast-paced realm of the internet, constant sharing complicates copyright management.

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Intellectual Property Social Media Fair Use Copyright Law 52

SpicyIP

FEBRUARY 17, 2025

Drop a comment below to let us know. Highlights of the Week ANI vs OpenAI: Indias Copyright Act is outdated. India’s copyright law does not envision an exception permitting LLM trainings from copyrighted materials. Anything we are missing out on? Can it Deal with New Legal Conundrums?

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Trademark Copyright Registration Personality Rights 59

Kluwer Copyright Blog

SEPTEMBER 26, 2022

freedom of expression-based exceptions and limitations, which might be covered by fair use in the US) or they were not clear enough on the practical application of those flexibilities (e.g., For example, users of social media platforms (e.g., Technical protection measures were strictly applied in many cases.

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Art Social Media Licensing Law 103

Intepat

JULY 11, 2024

These companies have disclosed that Google and Meta have flagged their social media posts for copyright infringement and in some cases, even suspended their accounts. Companies can share images and videos provided by the show on social media, but cannot use the show’s or Sony’s logos, fonts, or videos elsewhere.

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Copyright IP Social Media Copyright Law 52

LexBlog IP

JULY 22, 2021

There seems to be a belief that police service, when paired with a musical interlude, will prevent a recording of the interaction from being posted on social media due to algorithms that detect and remove videos incorporating copyrighted music (among other types of content). Why is this happening?

Music 52

Music Fair Use Copyright Reporting 52

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. The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use. 3d at 1160.

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