Kashishipr

JUNE 9, 2021

With the onset of the trend wherein users are gradually switching to online streaming to meet their music needs and discarding traditional methods such as radio, television, and music CDs, compulsory licensing for the internet was recognized as a key policy issue by the music industry last year. Background. The Plaintiff, Tips Industries Ltd.,

Music 98

Music Licensing Television Copyright Infringement 98

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. Thomson Reuters v.

Fair Use 92

Fair Use Copyright Copying Copyright Infringement 92

Technology & Marketing Law Blog

OCTOBER 17, 2022

” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety restraints.'” GmbH has registered trademarks in the dictionary word “Emoji.” That’s messed up.

Trademark 111

Trademark Fair Use Registration Licensing 111

LexBlog IP

NOVEMBER 28, 2023

So ubiquitous are they in cultural parlance that a definition for them is barely necessary here. However, commonly overlooked is the fact that the underlying image or media fragment in a meme is someone’s intellectual property, and thus subject to potential legal implications if used improperly. Yes and no.

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

TorrentFreak

JUNE 14, 2022

By definition, any lending is controlled and the library simply provides a digital alternative to physical libraries. Koeltl at the District Court for the Southern District of New York, the plaintiffs say that as leading publishers of tens of thousands of books, they already issue licensed ebook editions to libraries.

Publishing 114

Publishing Fair Use Copying Editing 114

Velocity of Content

MARCH 16, 2023

I speculated that this was an attempt to avoid a messy fair use dispute. As I also mentioned, Microsoft’s lawyers seem to think that fair use excuses copying for AI purposes everywhere, so I would expect Microsoft to try that defense here, given its lack of other arguments. is being used as code. Ltd, et al.-

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court spends more time on its likelihood of confusion analysis.

Blogging 93

Blogging Social Media Television Fair Use 93

Technology & Marketing Law Blog

SEPTEMBER 18, 2021

The plaintiffs gave Instagram a license to display the photos. Court Definitively Rejects AFP’s Argument That Posting a Photo to Twitter Grants AFP a License to Freely Use It — AFP v. Court Rejects Agence France-Presse’s Attempt to Claim License to Haiti Earthquake Photos Through Twitter/Twitpic Terms of Service — AFP v.

Copyright 117

Copyright Copyright Infringement Social Media Licensing 117

Trademark and Copyright Law Blog

APRIL 21, 2021

This dispute concerned Google’s use of Oracle’s “declaring code” – software that provides a list of functions and definitions that specify the parameters of application program interfaces (APIs) – in Google’s Android operating system. The decade-long dispute between Google LLC and Oracle America Inc.

Copying 40

Copying Fair Use Copyright Marketing 40

Technology & Marketing Law Blog

JUNE 20, 2023

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. 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.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

BYU Copyright Blog

JULY 12, 2021

Since we last reported on this case (in May of 2020), the Court of Appeals for the Ninth Circuit has issued its opinion on the matter, concluding that ComicMix, LLC ("ComicMix") cannot successfully claim a fair use defense against claims of copyright infringement by Dr. Seuss Enterprises ("Seuss").

Fair Use 40

Fair Use Intellectual Property Copying Copyright 40

The Art Law Blog

MARCH 27, 2021

On this reading, there's still no way to have any confidence about how any given fair use case will be decided." That would have been a big deal in fair use jurisprudence. There's no support in the Second Circuit opinion for that second reading, so we're back to the first: these Judges saw this particular use differently.

Fair Use 40

Fair Use Art Marketing Marketing 40

Technology & Marketing Law Blog

AUGUST 29, 2022

We are still developing our travel plans (not as much fun in the COVID era), but we will definitely take advantage of our freedom!]. 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb.

Editing 90

Editing Social Media Blogging Advertising 90

SpicyIP

MAY 2, 2022

You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? In response the Defendant claimed, “ fair use” and “ de minimis” use. The same, in its submission did not intend to impinge on the market of the Plaintiff. Akshat Agrawal.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

Copyright Lately

JANUARY 23, 2023

It will learn that tables most commonly have four legs, but not always; that tables found in a dining room are used for seated persons to eat meals, while tables found next to a bed are used to hold objects like alarm clocks; that tables don’t need to be made from any particular material or have a particular color, etc.

Derivative Work 106

Derivative Work Art Copying Fair Use 106

JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. ix] Just a brief glimpse at a meme can demonstrate just how little copyright protected material is used. [x]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

43(B)log

FEBRUARY 18, 2022

b/c standard for proving abandonment is not consistent through US. Standard of focusing on TM owner’s behavior (discontinuance w/ intent not to resume use) ignores goodwill and claimant’s intended use/behavior in the marketplace. Definition should be broader than sale/transportation of goods in commerce.

Trademark 57

Trademark False Advertising Fair Use Branding 57

43(B)log

FEBRUARY 24, 2024

Can enshrine things like notice & takedown in © law, but that has effects on the ability to assert fair use. Adjudicators need to hear about risks of overenforcement, overclaiming; defenses—he gets emails from sellers of used or grey market goods snared in a robotic search. It’s like with CPB. Riddled with errors.

Fair Use 44

Fair Use Branding Brands Branding 44

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” We need to know more about this license. It seems like this license could be dispositive to the case, but the court doesn’t explore it more. ” Wait, what?

Licensing 90

Licensing Copyright Contracts Advertising 90

43(B)log

JUNE 30, 2023

Whether you want a map the size of the territory depends on the goal—is it collective licensing? I guess that’s rarely the big concern of people demanding collective licensing.] Senftleben: we can give a collective licensing mandate if we choose—the only way to get money to individuals. Goal: framework for trustworthy AI.

Law 58

Law Licensing Social Media Copying 58

43(B)log

FEBRUARY 3, 2023

Hughes: it was the Fairness in Music Licensing Act, not the DMCA, which was intertwined. They definitely donated to many committee members but not unusually so. Part of larger pattern of “shotgun damages,” working definition: damages characterized by inflationary demands for multiplied awards; coercion; scattershot approach.

Copyright 57

Copyright Copying Music Fair Use 57

Technology & Marketing Law Blog

AUGUST 1, 2023

It is certainly within the definition of chutzpah to publicly display your own work on the Internet, visible for anyone to see for free and without further conditions, and then to complain that others are helping people find your work by linking to it. These definitions have also been adopted by the Ninth Circuit, see Fonovisa, Inc.

Blogging 96

Blogging Copying Social Media Copyright 96

43(B)log

AUGUST 11, 2021

Did Twain make fair use? There’s some transformation in organization; used entire work/market substitute so Cord wouldn’t be able to sell her narrative a publisher. If a household worker had listened to Twain tell a story and published it, would we think it was fair use? Crux: was Cord an author?

Ownership 44

Ownership Moral Rights Copyright Publishing 44

43(B)log

FEBRUARY 16, 2024

And the practical burden of showing false connection is probably higher, just because the things that make confusion more likely—having competing goods and services in the market, having a commercial reputation and not just a general reputation—are missing if you don’t sell goods or services yourself. None of those were branding uses.

Trademark 57

Trademark Fair Use Registration False Advertising 57

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 77

Fair Use Art Copyright Social Media 77

43(B)log

OCTOBER 11, 2021

About eighteen months after the parties split up, RCI discovered that the Defendants were using photographs of RCI jewelry alongside RCI’s logo, as well as the name “Roberto Coin,” on Kings Stone’s Instagram feed. Goldsein also sent marketing materials incorporating RCI images to various vendors, including in a PowerPoint presentation.

Marketing 57

Marketing Marketing False Advertising Advertising 57

Technology & Marketing Law Blog

MARCH 29, 2023

The Final Determination notes that Oppenheimer feels entitled to a licensing fee, even though he has not sold this photograph, and suggests that he is entitled to $2,775 a year for the use of the photograph. We also get the declaration of his daughter, Mariana Prutton, who is a licensed marriage and therapy counselor in California.

Blogging 96

Blogging Fair Use Copyright Copyright Notice 96

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. documents, or other files”, a definition that necessarily comprises source code, and hence the Licensed Materials. (As Complaint at 2.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

Kluwer Copyright Blog

MAY 1, 2023

In particular, only 5% of the total extent of a work, an article lawfully published in a newspaper or a periodical, a poem or a work of visual arts, including photographic works, is permitted to be used within the allowed ambit of this limitation. The licenses may cover all the same uses covered by the limitation.

Licensing 98

Licensing Related Rights Publishing Higher Education 98

43(B)log

OCTOBER 20, 2022

pointed out that many of the big data/evidentiary use-type fair use cases are well-described by the idea of a transformative purpose —a purpose orthogonal or unrelated to the expressive content of the original work or works used. Professor Reese’s Transformativeness and the Derivative Work Right , 31 Colum.

Derivative Work 70

Derivative Work Fair Use Art Copying 70

Kluwer Copyright Blog

AUGUST 7, 2023

In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine. In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Kluwer Copyright Blog

MAY 9, 2023

In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. In the aftermath of cases like Authors Guild v. HathiTrust and Authors Guild v.

Copyright 136

Copyright Copyright Law Fair Use Law 136

LexBlog IP

NOVEMBER 17, 2021

3 Unless you have some legal excuse or defense, such as, fair use. It licensed its operating system to its customers only. Peak wasn’t a customer, so it wasn’t entitled to “use” the operating system. You might just be licensing it. But let’s just not right now, ok?

Copying 52

Copying Copyright Business Licensing 52

43(B)log

FEBRUARY 22, 2021

Actors are disintegrated from the Hollywood system they used to live under but have basically no © power—so how do they fit in? Composers may have broadened composition styles in response to ©/market participation. [In But maybe my definition of typography is too constrained!] A: don’t have much historical lens.

Copyright 40

Copyright Art Copying Editing 40

43(B)log

FEBRUARY 22, 2021

Drawn from a variety of legal sources—int’l (not in this paper’s scope), constitutional, statutory, private ordering/open licenses. Persuade courts to keep larger whole in view when interpreting and applying these doctrines; reform doctrines that have been interpreted too narrowly like experimental use in patent.

IP 40

IP Fair Use Copying Intellectual Property 40

43(B)log

FEBRUARY 2, 2024

Peter Karol, What’s the Use: The Structural Flaw Undermining Warhol v. Goldsmith SCOTUS understood the “use” to be the foundation’s commercial licensing. But licensing is neither a © use nor an act of infringement. Incoherent to raise/evaluate fair use as to an act that wasn’t a use or infringement.

Fair Use 48

Fair Use Derivative Work Licensing Marketing 48

43(B)log

DECEMBER 20, 2022

But also, the documentaries weren’t substantially similar, and, “even if the 2013 Documentary is substantially similar to the 2001 Documentary under the fragmented literal similarity test due its use of clips from the 2001 Documentary, Plaintiffs’ claim with respect to this documentary is barred by the fair use doctrine.”

Fair Use 52

Fair Use Trademark Copyright Editing 52