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 Brands Branding 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 68

Copying Fair Use Copyright Copyright Law 68

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

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.

Fair Use 105

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.

Fair Use 109

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.

Fair Use 52

Fair Use Copyright Law Copyright Law 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 124

Trademark Fair Use Registration Licensing 124

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

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.

Derivative Work 52

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. ”).

Fair Use 137

Fair Use Privacy Copyright Technology 137

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

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 121

Non-Fungible Tokens Trademark Artwork Art 121

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.

Derivative Work 113

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.

Copyright 105

Copyright Cease and Desist Fair Use Publishing 105

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

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

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 115

Copyright Law Copyright Law Copyright Infringement 115

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

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

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

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.

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Fair Use Art Marketing Marketing 40

Kluwer Copyright Blog

MAY 1, 2023

As in Article 5 of the DSMD, no definition of educational establishments is given in Article 21, but the notion is understood to cover primary, secondary, vocational and higher educational establishments recognized by the Greek State. The licenses may cover all the same uses covered by the limitation.

Licensing 98

Licensing Publishing Related Rights Law 98

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.

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