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.

Fair Use 105

Fair Use Copyright Copyright Infringement Copyright Law 105

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

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 82

Personality Rights Fair Use Privacy Intellectual Property Law 82

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

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?

Trademark 111

Trademark Fair Use Registration Licensing 111

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 116

Licensing Fair Use Blogging Copyright 116

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 114

Publishing Fair Use Copying Editing 114

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

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

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 98

Fair Use Cease and Desist Copyright Trademark 98

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

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

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 93

Blogging Social Media Television Fair Use 93

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

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. ”).

Fair Use 134

Fair Use Privacy Copyright Technology 134

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

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

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

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

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 117

Copyright Copyright Infringement Social Media Licensing 117

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

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

LexBlog IP

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 52

Copyright Fair Use Copying Public Domain 52

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.

Derivative Work 106

Derivative Work Art Copying Fair Use 106

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.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

Trademark 90

Trademark Social Media Advertising Advertising 90

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.

Copyright 102

Copyright Cease and Desist Fair Use Publishing 102

Technology & Marketing Law Blog

OCTOBER 17, 2023

The court says the defendants waived any fair use defense by briefing it inadequately. We definitely don’t want more copyright doctrines that facilitate pernicious removals. Moon appeared first on Technology & Marketing Law Blog. Another user commented, “Upload it here so no one accidentally gives [Mr.

Copyright Law 96

Copyright Law Copyright Law Copyright Infringement 96

Traverse Legal Blog

MAY 1, 2022

An Acceptable Use Policy (AUP) (also known as a Fair Use Policy) is a set of rules applied by the owner, creator or administrator of a network, website, or service that restricts the ways in which the network, website, or service may be used and sets guidelines as to how it should be used.

Social Media 97

Social Media Reporting Business Fair Use 97

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

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 86

Licensing Copying Blogging Copyright 86

The IPKat

FEBRUARY 26, 2023

She then moved on to considering the issues arising from “upcycling” and fair use. She gave an overview of some US cases and proposed some interesting questions and possible answers on waste management and recycling, as well as the role of IP in the green economy, which implies a right to repair, re-use and recycle.

Intellectual Property 73

Intellectual Property Reporting IP Technology 73

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.

Fair Use 67

Fair Use Copyright Television Copying 67

Kashishipr

JUNE 9, 2021

Broadcast is a species of communicating a sound recording to the public: The court counted upon the definition of ‘broadcast’ under the Copyright Act, which indicated that this activity was a species of communication to the public. It is an attempt to extend the statutory licensing to ‘internet broadcasters.’

Music 98

Music Licensing Television Copyright Infringement 98

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] 29, 2013), [link]. [ii]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Technology & Marketing Law Blog

JANUARY 17, 2024

It doesn’t definitively resolve the issue, but the opinion establishes a high burden for copyright protection of legal documents, and in particular disclosure documents. various places where the disclosure must use magic words to be legally effective). (The William Blair appeared first on Technology & Marketing Law Blog.

Copyright 47

Copyright Copying Copyright Infringement Editing 47