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. Pornography.

Social Media 97

Social Media Reporting Business Fair Use 97

Technology & Marketing Law Blog

SEPTEMBER 18, 2021

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act. 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. Related posts. Breitbart News.

Copyright 118

Copyright Copyright Infringement Social Media Licensing 118

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 132

Fair Use Privacy Copyright Technology 132

Technology & Marketing Law Blog

AUGUST 1, 2023

Instead, Hunley and Brauer filed a class-action lawsuit against Instagram, alleging that Instagram was vicariously liable for, or was liable for encouraging or contributing to, the alleged direct infringement by others, by providing an “embedding” tool that easily could be used to facilitate public display of their photos. Supreme Court.

Blogging 96

Blogging Copying Social Media Copyright 96

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. Drop me a comment below or @copyrightlately on social media. You’d be wrong. 17 U.S.C. §

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

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

LexBlog IP

OCTOBER 25, 2023

The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before. ” With a mixed bag present on the substantial similarity analysis, the District Court moved on to looking at fair use itself. .” Let’s see why. Inside the curious case of Dawn Dorland v.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

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 45

Fair Use Branding Brands Branding 45

43(B)log

JUNE 30, 2023

His view: some recommender systems should be prohibited AI, if social media use is addictive. Different regulatory structures for different entities—when telcos became broadband providers, had to decide where they would be regulated, which is similar to the Qs raised by definitions of covered AI—regulatory arbitrage.

Law 60

Law Licensing Social Media Copying 60

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

Technology & Marketing Law Blog

MAY 18, 2023

Google cases (as well as decisions in the Warhol copyright fair use case and the Amgen patent enablement case). A quick reminder about the cases: both involve terrorist attacks where the plaintiffs allege that terrorist organizations used social media to post and disseminate their content. Supreme Court [FN].

Social Media 139

Social Media Law Fair Use Blogging 139

43(B)log

FEBRUARY 19, 2022

Gripers and Political Critics Cases involving criticism of ordinary commercial actors provide a fascinating contrast to both noncommercial speech sold in the market and to political and religious conflicts. Thus, it may not even be descriptive fair use to use the name of the religion from which the dissenters have parted.

Trademark Law 72

Trademark Law Trademark Art Branding 72

SpicyIP

DECEMBER 30, 2023

The Court held that “diagnostic” under Section 3(i) should neither be construed narrowly, limited to only in-vivo or definitive diagnosis, nor broadly to include any process “relating to” diagnosis. On March 13, the Delhi High Court granted an ex parte interim injunction in Markets and Markets Research Pvt.

IP 112

IP Copyright Trademark Intellectual Property 112

Technology & Marketing Law Blog

JUNE 21, 2023

As Professor Farley and I discuss in Part II of our paper, several circuits require a commercial use of the mark for infringement (or an exception for noncommercial speech) and dismiss lawsuits without applying all of the likelihood of confusion factors if the unauthorized use of the mark is not commercial speech. Redbubble, Inc. ,

Trademark 101

Trademark Blogging Trademark Law Fair Use 101

43(B)log

NOVEMBER 8, 2023

The Court’s conclusion that a defendant’s use as a trademark obviates the need for any further consideration of the First Amendment makes sense, if at all, only as a strong form of the rule that commercial speech receives significantly less protection that other forms of speech, combined with an incredibly expansive definition of commercial speech.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

OCTOBER 4, 2021

Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. This analysis does make some sense, but raises the question of what the how to identify what counts as a “significant” disadvantage.

IP 94

IP Trademark Advertising Advertising 94

Copyright Lately

MARCH 6, 2023

In September 2021, Coakley issued his “Director’s Statement” on social media to coincide with Runt ‘s official release. Coakley also sent the Bergers mock-ups of movie posters referencing alleged misconduct that Coakley threatened to release on social media to “gauge public reaction.” LFP , Inc. ,

Copyright 80

Copyright Derivative Work Fair Use Social Media 80

43(B)log

APRIL 7, 2023

Criteria favoring a Brussels Effect are market size controlled by regulator—a lot of firms want to compete there; regulatory capacity/institutional expertise; stringent standards. Traditionally supported a highly segmented, explicitly territorial market approach by multinationals. Very sticky. 17 v notice and takedown).

Art 45

Art Copyright Settlement Moral Rights 45