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.

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Copyright Law Copyright Law Social Media 92

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 90

Social Media Music Fair Use Copyright Infringement 90

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.

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Fair Use Advertising Advertising Copyright 52

Indiana Intellectual Property Law

FEBRUARY 12, 2024

In a courtroom showdown that has captivated both the art and legal worlds, celebrity tattoo artist Kat Von D emerged victorious in a copyright lawsuit brought against her by photographer Jeffrey Sedlik. For Von D, the decision marked the end of a two-year legal ordeal.

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Fair Use Social Media Art 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. §

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Fair Use Advertising Advertising Copyright 52

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.

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Artwork Copyright Infringement Copyright Art 89

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.

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Copyright Fair Use Social Media Artwork 78

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.

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Technology & Marketing Law Blog

JUNE 2, 2022

Can tattoos infringe copyrights, and if yes, what remedies are appropriate? 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.

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Copyright Social Media Fair Use Licensing 143

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.

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Fair Use Copying Publishing Copyright Infringement 57

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.

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Copyright Lately

OCTOBER 2, 2023

While a flurry of AI copyright lawsuits from prominent authors and artists grab headlines, another case has quietly taken something more important: a head start. This means that a jury could weigh in on some of the thorniest copyright questions involving artificial intelligence as early as May 2024. Thomson Reuters v.

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Fair Use Copyright Copying Copyright Infringement 92

LexBlog IP

MAY 3, 2022

The WIN Passage is subject to a separate copyright registration and he offers licenses for its use. The posts credited Bell as the author but did not include a copyright watermark that Bell imprints on his digital reproductions of the WIN Passage.

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Fair Use Social Media Copyright Marketing 52

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.

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Copyright Infringement Copyright Copyright Law Journalism 52

Intepat

JULY 11, 2024

Introduction The issue came to light when one of the founders of a company named Dorje Teas put up a post on LinkedIn claiming that they have been served a copyright infringement notice by Shark Tank India for the unauthorized use of clips of their pitch on the show to advertise on Youtube and Meta ads.

Copyright 52

Copyright IP Social Media Copyright Law 52

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 130

Copyright Infringement Fair Use Art Copyright 130

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 103

TorrentFreak

MAY 26, 2023

Similar to any other online platform that deals with user-generated content, Instagram processes copyright complaints on a daily basis. Takedown Trouble Triggers Lawsuit This takedown policy is widely accepted as the standard for social media services but every now and then, disputes can arise.

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Social Media Copyright Infringement Ownership Fair Use 118

43(B)log

APRIL 26, 2023

24, 2023) “This case arises out of alleged misuse of copyrighted images, eventually leading to a dispute … that resulted in false business reviews, malicious e-mails, and mutual efforts to interfere with each other’s business.” The ads used the entire images. I Dig Texas, LLC v. Creager Servs., LLC, 2023 WL 3066119, No.

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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.,

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Copyright Social Media Copyright Infringement Publishing 95

Copyright Lately

DECEMBER 29, 2021

Remembering another frustrating year with a countdown of 2021’s most unsatisfying copyright rulings. Here are my personal picks for the copyright opinions from 2021 that, much like the year itself, leave a little something to be desired. Walt Disney Company. Sinclair Broadcast Group, Inc.

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Copyright Fair Use Social Media Copying 112

Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Very few jurisdictions expressly provide for copyright in computer-generated works.

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JIPL Online

APRIL 9, 2021

Memes utilize pop culture content, such as movies, television shows, and other various forms of media, often in a parodic way. Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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. We know that he doesn’t have any copyright in the photos just because he appears in them (that would be an Innocence of Muslims redux ).

Copyright 124

Copyright Fair Use Licensing Ownership 124

Copyright Lately

SEPTEMBER 12, 2022

Exploring Section 113(c) of the Copyright Act, an underutilized defense that could have changed the outcome of a recent infringement case. There’s a provision of the Copyright Act that provides a simple and straightforward defense to an entire category of infringement claims. 17 U.S.C. §

Copyright 95

Copyright Derivative Work Artwork Fair Use 95

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.

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Copyright Copyright Infringement Social Media Licensing 118

SpicyIP

OCTOBER 11, 2021

In a new low for Indian media, Aaj Tak (owned by the media conglomerate Living Media) has allegedly taken to using copyright claims to prevent criticism of its reportage by media watchdog Newslaundry. New Social Media Rules, But No Clarity for Copyright Claims.

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Copyright Social Media Copyright Infringement Copyright Notice 93

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.

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Copying False Advertising Social Media Advertising 94

TorrentFreak

MARCH 19, 2024

NYT vs. OpenAI/Microsoft Late last year The Times sued OpenAI and Microsoft , alleging that its generative AI models were trained on copyrighted news articles. Instead of alleging concrete copyright infringement by end users, the technology itself is framed as copyright-infringing.

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Copyright Infringement Television Copying Copyright 86

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 130

Social Media Fair Use Copyright Infringement Copyright 130

TorrentFreak

APRIL 7, 2024

Two billion copyright claims are processed every year through YouTube’s Content ID platform – a staggering figure that underscores the scale of this content management system. Aside from addressing copyright infringements in an automated fashion, the Content ID system brings in billions of dollars in revenue.

Copying 87

Copying Copyright Infringement Fair Use Social Media 87

IP Tech Blog

NOVEMBER 29, 2023

18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked. In Cramer v. Netflix, Inc. , 3:22-cv-131 (W.D. Koons , 467 F.3d

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. 17 of the Copyright Act, 1957 (the Act). But under Sec.

Copyright 99

Copyright Copyright Law Ownership Copyright Infringement 99

Corsearch

FEBRUARY 15, 2024

X (formerly Twitter) is one of the most popular social media platforms for businesses and individuals, with around 335 million monthly active users worldwide. Unfortunately, this global reach and accessibility to a large audience also attracts bad actors looking to exploit the popularity and features of social media platforms.

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Branding Brands Branding Social Media 59

Kluwer Copyright Blog

OCTOBER 3, 2023

3:23-cv-03440 ) In a recent post we analysed a class action filed in the US against Open AI for unauthorized use of copyright works for training of generative AI tools such as ChatGPT ( here ) (“Generative AI” or “Gen AI”). District Court for the Northern District of California, No.

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Technology & Marketing Law Blog

AUGUST 16, 2024

I added a summary of contributory and vicarious copyright law principles from the Frontier Communications case. Students routinely struggle to understand the interplay between the direct infringer analysis, the principles for secondary infringement, and the DMCA online safe harbor overlay. Social Media People v.

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Editing Law Social Media Contracts 101

IP and Legal Filings

APRIL 19, 2022

The author or creator of any theatrical, literary, creative, or musical work has an exclusive right to copyright. It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Image Source: gettyimages]. What are takedown services?

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Copyright Law Copyright Law Copyright Infringement 74