Technology & Marketing Law Blog

JANUARY 18, 2025

Instead, XXL relied on a fair use defense, which works: Nature of use: “the video was the subject of the news story and because the article added new information and context about the contents of the video.” The court also says it can’t consider the evidence that Mediaite used embedding on a motion to dismiss.

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Technology & Marketing Law Blog

MARCH 3, 2022

The school moved to dismiss on fair use grounds, and the district court granted the motion and awarded attorneys’ fees to the school. (I Bell appealed to the Fifth Circuit, which easily affirms the fair use dismissal and attorneys’ fees. Nature of the Use. ” Bell sued anyways. Nature of the Work.

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Copyright Lately

JANUARY 20, 2025

On the same day last week, federal judges in the Southern District of New York issued a pair of decisions that highlight the persistent legal uncertainty publishers and websites in the Second Circuit face when embedding content from social media platforms. Townsquare Media, Inc. Townsquare Media, Inc. In Richardson v.

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IP and Legal Filings

FEBRUARY 15, 2023

In India particularly, the Copyrights Act, 1957 was enacted to prevent copyright infringement and recently the amendment act of 2012 was introduced to combat the changing needs of copyright law. In such provisions, the concept ‘fair use’ of copyrighted work is provided which allows the fair use of some original works in certain cases.

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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.

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Copyright Lately

JANUARY 23, 2024

Like the tattoo at issue in the case, the lawsuit is poised to leave a lasting impression, not only on copyright law, but the entire multi-billion-dollar tattoo industry. One of Kat Von D’s social media posts depicting Jeff Sedlik’s photo of Miles Davis The facts may be simple, but the potential impact is huge.

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JD Supra Law

AUGUST 9, 2022

???????What additional value does a copyright registration confer on a run-of-the-mill neighborhood social media post? Not a lot, it appears. Earlier this year, the First Circuit affirmed the dismissal of a lawsuit brought by one neighbor against another. By: Dorsey & Whitney LLP

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Plagiarism Today

APRIL 4, 2022

The most significant difference between is that copyright is a function of the law. As gray area as the law can be, especially in areas like fair use and determining what is “substantially similar”, the law is codified, written down and has tomes of case law behind it. This has two key benefits.

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Technology & Marketing Law Blog

JUNE 2, 2022

This is a venerable question–I remember evaluating it as a possible law review note topic 30+ years ago. Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. Nature of Use. This factor weighs against fair use.

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Copyright Lately

OCTOBER 20, 2024

At trial, American focused primarily on its trademark infringement and unfair competition claims, arguing that Skiplagged misled consumers by making itself appear like an authorized agent of the airline, in part by using American’s logo in ways that could cause confusion. Let me know in the comments below or @copyrightlately on social media.

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Copyright Lately

JUNE 2, 2022

In a 30-page order, the district court largely denies both parties’ motions for summary judgment, finding triable issues on substantial similarity and fair use. and High Voltage Tattoo) asked the court to determine that the use of Sedlik’s photo as a reference image qualified as a fair use of the copyrighted work.

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Art Law Journal

JULY 31, 2020

Knowing more about copyright and fair use will help you determine what is yours to use and what is off limits. Nicole Martinez.

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The IP Law Blog

SEPTEMBER 30, 2022

Copyright law “protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” Many find it surprising, but there is no requirement to include a copyright notice on a work for the work to be protected by copyright law.

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Copyright Infringement Copyright Social Media Fair Use 122

Plagiarism Today

DECEMBER 14, 2021

As we discussed back in September, the bots of YouTube have largely supplanted copyright law on the site. Rules around fair use, notice and takedown and so forth are replaced by bots that are incapable of understanding the nuances of the law itself. This has put YouTubers in a bind.

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TorrentFreak

MAY 26, 2023

Takedown Trouble Triggers Lawsuit This takedown policy is widely accepted as the standard for social media services but every now and then, disputes can arise. However, as often happens with popular media, pirated footage was readily available too. Alternatively, they may be classified as fair use.

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LexBlog IP

OCTOBER 10, 2023

So if graffiti can be protected, does one need permission from the artist to photograph the work and then “publish” it to a social media platform? What if the social media account is used to promote the account owner’s own goods or services, or a third party’s brand? VARA is part of U.S.

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Velocity of Content

AUGUST 10, 2022

In a much-anticipated report , the UK Intellectual Property Office recommends a major rewriting of UK copyright law, delivering the future of copyright to those using AI and damaging the present and future financial interests of publishers, authors, journalists, and musicians among others. UK to EU to UK. Beware the Fig Leaf.

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The IP Law Blog

JULY 22, 2021

There seems to be a belief that police service, when paired with a musical interlude, will prevent a recording of the interaction from being posted on social media due to algorithms that detect and remove videos incorporating copyrighted music (among other types of content). Why is this happening?

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JD Supra Law

JUNE 6, 2023

Supreme Court found that the purpose and character of the use of “Orange Prince” by the Andy Warhol Foundation for the Visual Arts (AWF) weighed against a finding of fair use of Lynn Goldsmith’s photograph of the artist known as Prince. By: Pillsbury - Internet & Social Media Law Blog

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TorrentFreak

OCTOBER 1, 2023

In our brave new world where millions of ordinary people are copyright holders of snaps they publish to social media or videos they upload to YouTube, awareness of copyright law is at an all-time high. The Klein’s emerged victorious from a lawsuit in 2017 after mounting a successful fair use defense.

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IPilogue

OCTOBER 12, 2022

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Barlow and Bear went on to become viral sensations on social media and Grammy-winning artists (2022 Best Musical Theatre Album) for their production. Additionally, fan fiction must be non-commercial and cannot result in profits for the creator.

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Indiana Intellectual Property Law

FEBRUARY 12, 2024

The jury found that Von D’s tattoo, drawing, and social media posts based on Sedlik’s portrait constituted fair use of the copyrighted work, effectively dismissing the photographer’s claims of infringement. For Von D, the decision marked the end of a two-year legal ordeal.

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IP Tech Blog

MARCH 28, 2023

Even though the Internet Archive and participating libraries purchased print copies of the books and, for the most part, made them available to borrowers on a one-to-one basis, the court rejected the Internet Archives’ fair use defense. The court also rejected Internet Archives arguments that its use was entirely non-commercial.

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SpicyIP

JANUARY 31, 2025

The Centre for Intellectual Property Research and Advocacy [CIPRA] of Symbiosis Law School, Hyderabad is organizing its first blog writing competition in collaboration with us on the theme of Literature, Journalism and IP. Kickstarting February with some exciting news for our readers! Founded in 2005 by renowned legal scholar Prof.

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The IP Law Blog

NOVEMBER 5, 2021

In this episode of the Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo provide an update on a copyright lawsuit against model Emily Ratajkowski, for sharing images taken of her by paparazzi on her social media accounts. Listen to the podcast version of this episode on your favorite platform or online, here.

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IPilogue

OCTOBER 1, 2022

Ariel Goldberg is a 1L JD Candidate at Osgoode Hall Law School. Sedlik claims that Kat Von D infringed the copyright protection of his iconic photograph of world-famous jazz musician Miles Davis (“Davis”) when she tattooed the image onto a client’s body without authorization and posted photos of the tattoo on social media.

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JD Supra Law

JULY 25, 2023

Every second of every day, social media and internet users repost or link to copyrighted content from other websites, or other posts. It may seem strange to even think about whether such use might be found to be other than fair.

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Technology & Marketing Law Blog

MAY 18, 2023

Today was the 2023 Super Bowl of Internet Law at the U.S. Google cases (as well as decisions in the Warhol copyright fair use case and the Amgen patent enablement case). The Supreme Court says that the term “aiding and abetting” in the statute should be interpreted using the common law. Twitter, Inc.

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43(B)log

APRIL 26, 2023

Copyright infringement: This was permissible comparative advertising, which is fair use: [I]t is clear that IDT used the images to compare its own Texas post drivers to the Montana post drivers sold by Creager, even if IDT’s advertisement does not include a picture or image of its own product. The ads used the entire images.

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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. The court spends more time on its likelihood of confusion analysis.

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Copyright Lately

DECEMBER 29, 2021

Instead of directly deciding whether the Java API declaring code copied by Google to create its Android smartphone platform was even subject to copyright protection in the first place, the court shoehorned the copyrightability question into a fair use analysis. Wilmott Storage Services. Am I totally off base?

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Copyright Lately

MARCH 31, 2024

” A screenshot from the (now deleted) social media video at the center of the controversy. State Farm Plans, the Internet Laughs That said, if you’re going to pander to gamers on social media, you have to expect scrutiny and snarky comments.

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Copyright Fair Use Social Media Artwork 86

IP and Legal Filings

JULY 31, 2021

Even more so, Greenpeace’s website also uses the tagline “Australia’s Greatest Liability” in its website, social media posts, posters, banners, and other paraphernalia using the AGL’s logo and even an altered version of its logo. Fair Dealing. Defense of Fair dealing. Image Source: gettyimages].

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Kluwer Copyright Blog

OCTOBER 3, 2023

We have also noted that this was not the only class action filed in the US against Open AI, since a parallel class action was based on alleged data breach ( here ). 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir. 3d 723, 743 (9th Cir. 2019); Worldwide Church of God vs Phila.

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SpicyIP

FEBRUARY 3, 2025

Is training of GenAI models fair use? Can ‘Machine Unlearning’ ensure compliance with copyright laws? The defendants were accused of illegally uploading copyrighted works online on social media and other online private groups. Will Section 52(1)((iii) come in for OpenAI’s rescue?

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The IPKat

APRIL 3, 2023

The IPKat has received and is pleased to host a guest contribution by Desmond Oriakhogba on the new Copyright Act 2022 signed into law by Nigeria's President. The Act introduces a new vista in Nigerian copyright law as it repeals the Copyright Act 2004. How can libraries in Nigeria benefit from the Copyright Act 2022?

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43(B)log

FEBRUARY 18, 2022

Does it work differently in the US where there is a separate ROP? When, how and why would you seek permission to use persona. Influence of law, desire to contract, social norms. Results: fear of potential litigation motivates permission seeking even when free speech rules would likely allow the use, e.g. in movies.

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