IP and Legal Filings

FEBRUARY 17, 2022

The underlying reason for this differing level of protection is that fictional character parallels are typically less definite than those of graphic figures. THE DOCTRINE OF FAIR USE. The fair use defence is both an express provision of the Copyright Act and a set of standards established by judges. Koons , 817 F.

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Fair Use Copyright Television Copying 94

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.

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Fair Use Derivative Work Blogging Licensing 98

43(B)log

AUGUST 9, 2024

Is this relevant to fair use? Satire involves using the same style to clothe different ideas; therefore it shouldn’t infringe (lack of substantial similarity as in the Greatest American Hero case; German case law; perhaps the jury’s reasoning in the Kat von D case). Codifying this definition is risky. What about Congress?

Fair Use 59

Fair Use Marketing Marketing Licensing 59

IP Watchdog

JANUARY 22, 2023

Court of Appeals for the Ninth Circuit’s March 2020 ruling that a “Bad Spaniels” dog toy marketed by VIP Products was an expressive work entitled to First Amendment protections against trademark infringement liability under the Rogers test. The petition filed by Jack Daniel’s appealed the U.S.

Artistic Work 124

Artistic Work Branding Brands Branding 124

SpicyIP

FEBRUARY 17, 2025

The Court has granted summary judgment in respect of 2,830 headnotes belonging to Thomson Reuters and admittedly used by Ross Intelligence to train its Natural Language Processing and Artificial Enabled Legal Research tool, finding Direct Copyright Infringement and rejecting fair use. But, first, Some History!

Copying 69

Copying Fair Use Copyright Copyright Law 69

Technology & Marketing Law Blog

APRIL 6, 2022

While the definition of “Platform” includes “content,” it doesn’t appear to contain “User Content.”. Fair use is also an issue best left for trial : Newsweek also argued fair use. Court Definitively Rejects AFP’s Argument That Posting a Photo to Twitter Grants AFP a License to Freely Use It — AFP v.

Licensing 133

Licensing Fair Use Blogging Copyright 133

Technology & Marketing Law Blog

AUGUST 12, 2021

Fair use : The court also grapples with fair use. Citing to Barcroft and McGucken , the court says that the “photograph itself is the subject of the story” so this weighs in favor of fair use. The third factor cuts against fair use since the entirety of the video was used. United Sports.

Social Media 140

Social Media Copyright Fair Use Licensing 140

TorrentFreak

JUNE 14, 2022

By definition, any lending is controlled and the library simply provides a digital alternative to physical libraries. “The only issue is whether Internet Archive’s massive infringement scheme is fair use under 17 U.S.C. § 107,” the plaintiffs note, adding that the four fair use factors weigh heavily in their favor.

Publishing 135

Publishing Fair Use Copying Editing 135

IPilogue

FEBRUARY 28, 2023

The District Court held that the French decision infringed Wofsy’s freedom of speech and that Wofsy’s books are “ reference works intended for libraries…and such institutions find it an attractive reference due to its price point and that astreinte (monetary damages for copyright infringement) do not apply because of the US’s fair use doctrine.

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Fair Use Copyright Copyright Infringement Copyright Law 105

Copyright Lately

SEPTEMBER 29, 2024

It looks like Jake from State Farm is definitely going to blow through his deductible, as the insurance giant lost its bid to declare game over on a lawsuit brought by video game publisher Atari Interactive. The court found it plausible that State Farm’s unlicensed use of the Crystal Castles artwork could impact this licensing business.

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Fair Use Copyright Artwork Social Media 109

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. Definition. Code, section 107.

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Technology & Marketing Law Blog

OCTOBER 17, 2022

This means the term “emoji” is generic with respect to the dictionary definitions and Emojico’s litigation empire should crumble. Otherwise, “emoji” is at most descriptive of the goods in question, so there should be an air-tight descriptive fair use defense. That’s messed up. How messed up?

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Trademark Fair Use Registration Licensing 124

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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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. Thomson Reuters v.

Fair Use 102

Fair Use Copyright Copying Copyright Infringement 102

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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Fair Use Art Copyright Derivative Work 85

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. As a bar and restaurant, the use is commercial, but is it also transformative?

Blogging 111

Blogging Social Media Television Fair Use 111

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 138

Copyright Copyright Law Fair Use Law 138

Technology & Marketing Law Blog

SEPTEMBER 18, 2021

Court Definitively Rejects AFP’s Argument That Posting a Photo to Twitter Grants AFP a License to Freely Use It — AFP v. Another Court Says Embedding Instagram Photos May Be Fair Use–Boesen v. Instagram appeared first on Technology & Marketing Law Blog. In-Line Linking May Be Copyright Infringement–Goldman v.

Copyright 126

Copyright Copyright Infringement Social Media Licensing 126

Technology & Marketing Law Blog

APRIL 29, 2023

The court says those aren’t DMCA takedown notices by definition, because they didn’t assert any copyright interests; so they are outside 512(f)’s scope. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Fair Use 105

Fair Use Cease and Desist Copyright Trademark 105

Velocity of Content

DECEMBER 4, 2024

8 This definition of the right could loosely be used as a definitionof machine-learning when applied to the creation of literary and artistic productions because AI machines can produce literary and artistic content (output) that is almost necessarily “based upon”a dataset consisting of preexisting works. 17 U.S.C. § ↩︎ See id.

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Derivative Work Copyright Moral Rights Copyright Law 52

IP and Legal Filings

JUNE 29, 2024

Certain sections like 2(qq) and 38, define a “performer” and specify whether a person’s personality falls under the definition of a performer, under which a performer’s right may be asserted, hence prohibiting the unapproved marketing of a performer’s work.

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

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 59

Marketing Marketing False Advertising Advertising 59

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. v Stability A.I.

Litigation 98

Litigation Fair Use Copying Derivative Work 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 72

Derivative Work Fair Use Art Copying 72

Kluwer Copyright Blog

OCTOBER 3, 2023

It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). 2000) (“ copying an entire work militates against a finding of fair use. ”).

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Fair Use Privacy Copyright Technology 137

Technology & Marketing Law Blog

FEBRUARY 15, 2025

.” (The court also bizarrely says in a single sentence that the defendant isn’t a service provider, which is surely incorrect because the definition is a “provider of online services”). Also curious: the court doesn’t discuss a fair use defense at all.

Contracts 52

Contracts Copyright Licensing Copyright Notice 52

Technology & Marketing Law Blog

MARCH 29, 2023

The CCB in the Final Determination sidesteps that issue, and looks to Prutton’s two defenses: fair use and unclean hands. Fair Use: From my perspective, the fair use analysis is what I’ve been waiting for. The citations for the basics of fair use do come from 9th circuit cases. 2020), cert.

Blogging 105

Blogging Fair Use Copyright Copyright Notice 105

Kluwer Copyright Blog

FEBRUARY 20, 2023

.” So what is the current legal situation regarding the use of publicly available copyrighted works for the purpose of training ML systems? ” This definition clearly covers current approaches to machine learning that rely heavily on correlations between observed characteristics of training data. The future of copyright?

Copyright 111

Copyright Fair Use Publishing Law 111

IP Intelligence

APRIL 18, 2023

Presumably afraid that a decision one way or the other would move financial markets and have unforeseen consequences, the Court assumed the declaring code was protected by copyright and decided the case on fair use. A fair use of declaring code might not be a fair use of implementing code.

Copyright 98

Copyright Fair Use Copying Public Domain 98

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 98

Editing Social Media Blogging Advertising 98

SpicyIP

MAY 18, 2022

The definition of these terms is unclear. The term ‘digital product’ has been used in certain laws but the term itself has not been defined. Since this is a nascent market, the earlier a name is registered and the more effort trademark holders put into educating the public about selection, endorsement and sponsorship functions (e.g.

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Non-Fungible Tokens Trademark Artwork Art 122

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

Kluwer Copyright Blog

JANUARY 9, 2023

Goldsmith: The Supreme Court Revisits Transformative Fair Uses by Pamela Samuelson. Supreme Court ruled that Campbell’s creation of a rap parody version of a popular Roy Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message.

Copyright 95

Copyright Blogging Fair Use Reporting 95

Copyright Lately

JANUARY 23, 2023

Let’s Talk About Derivative Works Subject to fair use and other defenses, a copyright owner has the exclusive right to prepare derivative works based upon the copyrighted work. The Copyright Act Definition is Broad, But. You might assume that the concept of a “derivative work” under copyright law would be simple to define.

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Derivative Work Art Copying Fair Use 113

Technology & Marketing Law Blog

SEPTEMBER 23, 2022

Reminder: the statutory definition of “service provider” is “provider of online services,” so this is not the place for copyright owners to draw their line in the sand. The court doesn’t discuss fair use, though that was on my mind with the references to a cropped photo. Service Provider.

Licensing 111

Licensing Copying Blogging Copyright 111

Intepat

JANUARY 8, 2024

2) Section 501(a) Copyright Infringement Definition: Section 501(a) of the Copyright Act of 1976 defines an infringer as someone who violates the exclusive right of a copyright owner or an author given under section 106 of the Copyright Act of 1976.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

Kluwer Copyright Blog

DECEMBER 14, 2022

By opening the ability to conduct repairs to everyday people, it seeks to extend product lifespan, reduce waste, encourage market competition, increase consumer choice, and facilitate innovative processes. Citing the U.S.

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Copyright Cease and Desist Fair Use Publishing 105