Technology & Marketing Law Blog

DECEMBER 31, 2021

As required by law, the court clerk issued Bayside’s requested subpoena, and Bayside served it on Twitter. This leaves some evidentiary gaps in the fair use analysis: The tweets at issue consist of statements combined with Bayside’s photos along with hashtags that do not convey an obvious meaning. Maximized Living v.

Fair Use 112

Fair Use Blogging Marketing Marketing 112

Kluwer Copyright Blog

APRIL 22, 2024

Furthermore, it is debatable whether the creation of NFTs can be considered “fair use”, since (i) this generates a “new” public and a new “digital” market for artworks that, to date, only existed in the real world and (ii) it deprives de facto copyright holders of a potential source of income.

Copyright 117

Copyright Artwork Moral Rights Non-Fungible Tokens 117

Technology & Marketing Law Blog

OCTOBER 26, 2021

This fast lane is a historical anachronism; it does little to balance the privacy interests of the alleged infringer. Knowing what we know now about the dangers of unmasking subpoenas, I would like to think that Congress would draft 512(h) with more privacy sensitivity today. The bloggers countered with fair use.

Privacy 114

Privacy Fair Use Blogging Copyright 114

Technology & Marketing Law Blog

AUGUST 29, 2022

I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. Then, due to some personal circumstances [FN], I moved my Internet Law course from Fall to Spring this academic year, so I’m not teaching this Fall either. 2022 Edition of Internet Law: Cases and Materials.

Editing 90

Editing Social Media Blogging Advertising 90

Technology & Marketing Law Blog

JULY 5, 2022

” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ). Nature of the use. The photos were already published, which weighs in favor of fair use. ” This also weighs in favor of fair use (?). Market effect.

Fair Use 95

Fair Use Plagiarism Copyright Marketing 95

The IPKat

NOVEMBER 22, 2023

This report is provided by Aiswarya Deepa Padmakumar , Simon Parayemkuzhiyil Abraham , and Aashish Murali Krishnan who attended the session and are students of mine pursuing their Masters in Law at Brunel University London. She explained that copyright law aims to be technologically neutral to remain relevant even when technologies evolve.

Intellectual Property 95

Intellectual Property Copyright Fair Use Government 95

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The court summarizes: “Meta claims that it raised issues with Plaintiffs, including “nominative fair use,” “commentary,” and “the un-likelihood of confusion based on the appearance of the marks in the actual marketplace, as they will be encountered by consumers.”” Meta Platforms, Inc.

Trademark 93

Trademark Contracts Blogging Fair Use 93

LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” ” (S.

Fair Use 52

Fair Use Licensing Art Music 52

Technology & Marketing Law Blog

OCTOBER 4, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Longarzo. * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Cease and Desist 86

Cease and Desist Fair Use Copyright Blogging 86

IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. emphasis original).

Fair Use 40

Fair Use Licensing Music Art 40

43(B)log

AUGUST 4, 2023

Room 204 Christopher Buccafusco (w/ Joseph Blocher), Firearms, Innovation, and Regulation How do law and markets affect the pace and direction of innovation for firearm related safety in the US? But none reached the market despite millions in R&D from National Institute of Justice. Q: Europe? Q: federalism story?

Copyright 52

Copyright Fair Use Marketing Marketing 52

SpicyIP

OCTOBER 27, 2023

Srijaa is a 4th year law student and Yaggya is a 5th year law student at Vivekananda Institute of Professional Studies, interested in exploring the vast scope of Intellectual Property Rights. This violates copyright laws and may lead to legal actions for copyright infringement. Image by starline on Freepik. They are: 1.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

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

IP Tech Blog

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. NFTs also may embody or use trademarks. Those statistics show increasing awareness of the NFT market and likely some FOMO (or “Fear of Missing Out”) on the part of brand owners.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

LexBlog IP

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. NFTs also may embody or use trademarks. At that point, US trademark applicants have an additional 3 years to begin using the mark in US commerce.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Technology & Marketing Law Blog

DECEMBER 11, 2021

In particular, they are having some success bending Section 230, and this genre offers some interesting considerations for folks paying attention to the privacy/230 borders. The post Yearbook Defendants Lose Two More Section 230 Rulings appeared first on Technology & Marketing Law Blog. Callahan v. PeopleConnect, Inc.,

Advertising 92

Advertising Advertising Social Media Blogging 92

TorrentFreak

APRIL 23, 2024

Lawsuit and Appeal Internet Archive believes that its approach falls under fair use but publishers Hachette, HarperCollins, John Wiley, and Penguin Random House disagree. Among other things, IA argued that its lending activity causes no financial harm is substantially different from the ebook licensing market.

Copyright 115

Copyright Fair Use Copying Publishing 115

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. Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

LexBlog IP

NOVEMBER 17, 2021

3 Unless you have some legal excuse or defense, such as, fair use. The case was really about an Arizona state law that addressed a problem I didn’t know was a problem (beyond generalized concerns about privacy). The Arizona law had an additional, pro-dealer provision. But let’s just not right now, ok?

Copying 52

Copying Copyright Business Licensing 52

Technology & Marketing Law Blog

AUGUST 7, 2023

I’m pleased to announce the 2023 edition (14th edition) of my Internet Law casebook, Internet Law: Cases & Materials. Twitter SCOTUS opinion as an example of what the law looks like if Section 230 doesn’t apply. ACLU case because it’s a foundational and historically significant Internet Law case.

Editing 52

Editing Law Contracts Privacy 52

Kluwer Copyright Blog

MAY 15, 2024

copyright law. The authors and copyright holders would like to receive a fair and equitable remuneration, while the AI-service providers would like to have access to high-quality data, such as copyrighted works, so that they can further improve their LLMs and promote the progress of innovation.

Copyright 55

Copyright Fair Use Copyright Law Editing 55

Kluwer Copyright Blog

APRIL 25, 2024

Lawyer Maya Madeiros explained to the Committee that copyright law had the potential to become a serious obstacle to AI’s development: AI learns to think by reading, listening and viewing data, which can include copyrighted works such as images, video, text and other data.… data —reside).

Copyright 67

Copyright Government Copyright Law Reporting 67

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. What about fragmented literal similarity based on use of clips from the 2001 Documentary (no clips from the 2003 Documentary were allegedly used)?

Fair Use 52

Fair Use Trademark Copyright Editing 52

SpicyIP

JULY 11, 2021

He evaluates the various applicable laws to argue that a thesis is a ‘public document’, the right to access which is available to the public as a matter of public interest, as well as through fair use under Section 52 of Copyright Act and also the RTI Act. Other Posts. For further details, please see the announcement.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

Technology & Marketing Law Blog

AUGUST 15, 2022

In another instance of the bizarre fad of judges concurring with themselves, the opinion writer wrote a separate special concurrence (joined by 3 other judges) lamenting Section 230 because of the ruling’s impact on “the privacy interests of a minor.” Huffington Post appeared first on Technology & Marketing Law Blog.

Publishing 104

Publishing Privacy Blogging Intellectual Property Law 104

43(B)log

FEBRUARY 24, 2023

UCLA School of Law Mark Janis: 1 st day of TM: students’ experience of brands as used by owners & 3 rd parties is so disconnected from the historical traditions of TM. Or is it just the messiness of common law adjudication + rapid tech change? Is merchandising really the outlier or is it now really the model of TM law.

Trademark 48

Trademark Branding Brands Branding 48

43(B)log

FEBRUARY 22, 2021

Reputation based on case-law national level—including education, expertise/experience with patent cases, career path (career judges v. JPO also participates—interesting but are there rule of law issues? Connected to AU’s work on user’s rights in int’l and comparative law. A leap of faith; distrust is not necessarily bad.

IP 40

IP Fair Use Copying Intellectual Property 40

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. 3) reasonable measures to safeguard privacy interests. (4)

Social Media 52

Social Media Fair Use Advertising Advertising 52

43(B)log

FEBRUARY 25, 2023

Changes in Trademark Law and Evidentiary Rules Introduction: Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. Instead of surveys, can we look at things like Google results or large text databases reflective of use in a particular community? Some objections go to the weight of the evidence.

Trademark 70

Trademark Marketing Marketing Advertising 70

The IPKat

JULY 7, 2024

Several years ago, the IPKat stated that the creation and distribution of GIFs does not necessarily appear to be a safe bet from a copyright perspective under the laws of the EU member states, as it would constitute a prima facie infringement given the closed list of exceptions and limitations. Kats are always right! 107 to apply.

Fair Use 70

Fair Use Social Media Privacy Copyright 70

Technology & Marketing Law Blog

MARCH 4, 2022

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law. This provision of the federal trademark law known as the Lanham Act is codified in 15 USC 1052.) These laws can also protect consumers against deception regarding a product’s source.

Registration 120

Registration Blogging Trademark Privacy 120

Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. There’s a fair amount to unpack here, so let’s start with the facts, which I’ve compiled from my review of court files in both New York and California. .” In one notable case, Balsley v.

Copyright 80

Copyright Derivative Work Fair Use Social Media 80

43(B)log

APRIL 7, 2023

But there are EU inconsistencies: Prevailing interpretations of local laws may stick around—not clear that Germany will repeal NetzDG/change interpretation of law. Digital Single Market was supposed to harmonize rules. 17 goes further in staydown. We’re better off than that! Keller: does DMCA have lessons?

Art 67

Art Litigation Law Reporting 67

43(B)log

APRIL 7, 2023

Moderator: Martin Senftleben, University of Amsterdam Copyright Law and/or/vs. a ‘Brussels Effect’ for the Digital Services Act Jennifer Urban, Berkeley Law School The Brussels Effect claim is descriptive, not predictive—can it apply to the DSA? Anupam Chander, Georgetown Law School Imagine the DSA of Brazil, India, Nigeria, or Putin.

Art 44

Art Copyright Settlement Moral Rights 44

Technology & Marketing Law Blog

JANUARY 27, 2022

This is my annual review of the Internet Law highlights of the prior year. I’ve posted a 2021 year-in-review post for emoji law , and I will post a separate Section 230 year-in-review soon. Both laws euphemistically targeted “social media censorship.” Both laws were quickly enjoined in court.

Social Media 127

Social Media Law Privacy Government 127

Patently-O

DECEMBER 12, 2021

Ernst , Professor of Law, Golden Gate University School of Law. The PTO’s asserted justification for this total ban on registration is “to protect the intellectual property right of privacy and publicity that a living person has in his/her identity.” [10] Guest Post by Samuel F. The Lanham Act seems to say no, and the U.S.

Registration 69

Registration Government Advertising Advertising 69