Copyright Lately

SEPTEMBER 26, 2022

In a first-of-its-kind copyright trial, a jury will decide whether tattoo artist Catherine Alexander can effectively control the use of Randy Orton’s likeness in video games. After over four years of litigation and five COVID-related continuances, it’s finally time for the main event.

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Fair Use Licensing Ownership Copying 93

Technology & Marketing Law Blog

JANUARY 25, 2023

Here’s an example of a subject photo from his complaint (which, based on this ruling, I’m now confident he can’t sue me for; plus fair use), with some pretty obvious photography flaws: His copyright claims raise a simple but troubling question: who owns the photos taken with his camera?

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Copyright Fair Use Licensing Ownership 124

SpicyIP

DECEMBER 6, 2023

2(c), the fair use exemption thereof under Sec. 52(1)(t); and (ii) if yes, whether the proviso of the same or ‘fixation requirement’ excludes it from the scope of fair use. Lastly, I will discuss the argument of moral rights of the author in contending the ‘fair use exemption’ of their work.

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Moral Rights Fair Use Art Artistic Work 49

Likelihood of Confusion

AUGUST 5, 2021

We wrote in the past about the bogus “right of publicity” issue and the unsuccessful attempt by major league sports to claim ownership in statistics and grab a piece of. The post More fantasy sports litigation appeared first on LIKELIHOOD OF CONFUSION™.

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Litigation Ownership Fair Use Trademark Law 52

SpicyIP

OCTOBER 9, 2024

Discussing the decision of the US Court of Appeals for the Second Circuit in Hachette Book Group v. Internet Archive, our fellowship applicant Tanishka Goswami explains the implication of the decision on fair use. Through this post, I shall: firstly , examine the Appellate Court’s “fair use” analysis w.r.t.

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Copyright Law Copyright Fair Use Law 104

IP and Legal Filings

MARCH 5, 2025

2] They contended that the defendants are perpetuating gross misinformation by running fraudulent medicinal drug advertisement campaigns through wrongful use of Artificial Intelligence and are creating deepfakes by distorting images, voice, and other personality traits of Rajat Sharma, also infringing upon the registered trademarks of his company.

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Personality Rights Privacy Journalism Copyright 84

TorrentFreak

AUGUST 23, 2022

YouTube’s motion to dismiss the amended complaint failed on a number of fronts including those related to copyright infringement claims, correct registration and ownership of copyrighted works, and allegations that YouTube removed Copyright Management Information (CMI) from content uploaded to its platform.

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Copyright Infringement Copyright Ownership Fair Use 140

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). In the aftermath of cases like Authors Guild v.

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SpicyIP

FEBRUARY 17, 2023

SpicyIP intern Tanvi Agarwal brings us up to date on the last two orders (see here and here ) regarding amendments that the defendants wanted in the written statement, and the dismissal of the application to reject the plaint. Tanvi is a second-year student pursuing BA LLB at the National University of Juridical Sciences.

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Copyright Ownership Publishing Copyright Infringement 98

Technology & Marketing Law Blog

MARCH 29, 2023

It took eight months, but the ownership question of the photographs has been settled. However, it is not what I expected for the first case to be finally determined: Section 512(f) and an ownership dispute between former business partners. Fair Use: From my perspective, the fair use analysis is what I’ve been waiting for.

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Technology & Marketing Law Blog

FEBRUARY 21, 2025

Barrett Financial * 512(f) Once Again Ensnared in an Employment Ownership DisputeShande v. Heldman * Another 512(f) Claim FailsNingbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)Hughes v. New Destiny Church * Reaction Video Protected By Fair UseHosseinzadeh v. Zoox * Surprise!

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Copyright Cease and Desist Fair Use Intellectual Property 40

Copyright Lately

AUGUST 2, 2022

And unlike the vast majority of songwriters and performing artists who have relinquished ownership rights to musical publishers and record labels, Barlow & Bear decided to release “The Unofficial Bridgerton Musical” themselves, which means keeping more of the earnings. A Musical Parody ” and “ Friends!

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Music Derivative Work Fair Use Cease and Desist 112

SpicyIP

OCTOBER 14, 2024

Discussing the US decision in Hachette Book Group v. Internet Archive, Tanishka Goswami explains the implication of the decision on fair use and access to information. The defendant did not claim ownership of the “Levi’s” trademark and only denied selling such goods.

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Trademark Registering Trademarks IP Copyright 105

IP Tech Blog

NOVEMBER 29, 2023

Because ownership of original works, like a tattoo, vests with the author (here the tattoo artist), the tattoo artist owned the copyright in the tattoo, even though it was physically on the someone else’s body. Netflix moved to dismiss the complaint on, among other grounds, fair use. Lynn Goldsmith, et al. , Koons , 467 F.3d

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SpicyIP

AUGUST 23, 2024

In the IP context, trolls are also seen as entities that misleadingly or falsely assert ownership of IP rights, with the intent of making money out of duping people. In the present case, these trolls using the name of these firms are misrepresenting themselves to gain profits out of it.

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Kluwer Copyright Blog

OCTOBER 17, 2023

Also, the technical feasibility needs to be confirmed as algorithms can be trained from an immense variety of sources and it might not always be easy to determine precisely which sources have been used. Some strong pressure from rightsholders can surely be expected in this regard on this side of the Atlantic as well.

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Copyright Art Copyright Law Licensing 125

The IPKat

SEPTEMBER 21, 2022

On the subject of EU trade mark law, the panel concluded from the General Court’s decision in T-65/20 Kneissl that the requirements to prove genuine use of a trademark in the EU remains strict and in line with the EUIPO’s (in)famous BIG MAC decision : It is no longer “use it or lose it” but rather “use it – and specifically prove it – or lose it”.

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43(B)log

FEBRUARY 4, 2023

Hughes: increasing registrations for women at the © office compared to other metrics where women are disadvantaged—ownership of stock, real property, presence on corporate boards, patent ownership which then translates to being in a startup. Mailyn Fidler, Cross-Racial Copyright Litigation in Music: Only a Paper Moon?

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43(B)log

AUGUST 9, 2024

Delocalization by brute force: Seen online in other areas where companies don’t bother to localize TOS, just comply with US law which is home country law; that solves the problem for them and they wait for litigation if it materializes. Group one: fair use. Interestingly, Singapore also has fair use.

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CoCal IP Law Institute

NOVEMBER 8, 2023

Please join us on Monday, November 13, 2023 at Noon, where we will discuss the issue of master ownership and the legal copyright conflicts between record labels and artists. Taylor Swift may be the first to make this copyright issue truly public, leaving fans wondering who really owns Swift's music and why. She says she [.]

Copyright Law 52

Copyright Law Copyright Ownership Law 52

IP and Legal Filings

SEPTEMBER 30, 2022

Even presently, user creation and ownership of valuable assets and currencies contribute to developing a unified metaverse, which includes VR Technology, Augmented Reality, virtual currencies, NFTs, and other similar technologies. Notably, this novel method of tracking ownership makes the resale process more structured and viable.

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Trademark Ownership Branding Branding 52

43(B)log

AUGUST 3, 2023

Michael Carroll (w/ Peter Jaszi), Fair Use After Google and Warhol Codification is a big deal; clarifies that fair use is a distinct doctrine, whereas well into 20th century courts were using it as noninfringement. Courts weren’t using four factors before that. A: we have to give meaning to the verbiage.

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IIPRD

FEBRUARY 25, 2022

NFTs have indeed transformed the world of digital assets and ownership, with sales as high as $2.47bn only 6 months into 2021. Tokenisation and Ownership of Digital Assets under NFTs. However, the issues of trademark infringement and fair use are fended off under the garb of interpretation and protection of art.

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Non-Fungible Tokens IP Ownership Intellectual Property 40

SpicyIP

SEPTEMBER 28, 2023

Broad vs. Narrow Interpretation of Use in Trademark Infringement Globally, the interpretation of ‘use’ to examine whether a mark has been infringed by the Google Adword or not seems to range from narrow to broad.

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Advertising Advertising Trademark Marketing 109

CoCal IP Law Institute

JANUARY 15, 2024

Please join us at noon Monday, January 22, 2024 where we will view a video describing copyright issues surrounding the James Bond movies and books. If you will be joining us, please RSVP to [.] video link here Guy Cumberbatch, of counsel to SoCalIP, will present. This activity is approved for 1 hour of MCLE credit.

Litigation 40

Litigation Copyright Fair Use Ownership 40

LexBlog IP

APRIL 13, 2022

2] Dash originally planned to use SuperFarm, an NFT website, to mint and sell the NFT of the album. [3] Although this case has yet to reach a resolution, it draws attention to the potential for litigation surrounding the copyright rights required to mint NFTs. However, Damon lacked any individual interest in the copyright. [2]

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Non-Fungible Tokens Social Media Contracts Brands 52

43(B)log

FEBRUARY 22, 2021

Should consider public space art, in some circumstances, as a common good, with ownership interests at least in part in people who live in the area. Pezza: Civil law legal systems don’t require fixation; UK CDPA requires works to be “recorded”; US requires fixation. Every year there are disputes, but never any litigation.

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Copyright Art Copying Editing 40

Technology & Marketing Law Blog

AUGUST 16, 2023

This paradigm, however, breaks down when copyright ownership is contested. In that circumstance, the takedown notice becomes a proxy battle for a larger and likely fact-dependent war over ownership, which the service in the middle isn’t in a good position to resolve. The litigants are an employer and former employee.

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Ownership Cease and Desist Fair Use Copyright 75

Technology & Marketing Law Blog

AUGUST 8, 2021

Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use. The Crony graphic also doesn’t qualify for fair use: Nature of Use. The court rejects Goodman’s motion to dismiss.

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Fair Use Television Cease and Desist Copyright 135

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The court also credits the self-serving claim by the successor licensee that it considered fair use by comparing the works and evaluating if the works were being sold commercially or for other purposes. A New 512(f) Plaintiff Win!

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Registration Fair Use Copyright Designs 132

Technology & Marketing Law Blog

MARCH 15, 2022

The court says the takedown notices are covered by the litigation privilege: “Since the statements at issue here were made to Amazon during the notice and takedown period, they are absolutely privileged. So extending the litigation privilege to DMCA takedown notices seems like an overreach. Defamation. Federici. * Biosafe-One v.

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Copyright Fair Use Cease and Desist Litigation 134

Technology & Marketing Law Blog

SEPTEMBER 15, 2024

Despite UMG’s lack of ownership in the beat, UMG’s “content protection specialist” found the song Oi! It’s not like UMG had some colorable reason to think it owned the beat; its takedown notice was the direct and foreseeable consequence of its own incomplete tracking of its asset ownership and licensing status.

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Fair Use Cease and Desist Ownership Licensing 105

Technology & Marketing Law Blog

AUGUST 18, 2022

400 in damages after 4 years of litigation won’t put a smile on anyone’s face. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

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Fair Use Cease and Desist Copyright Blogging 122

Technology & Marketing Law Blog

MARCH 6, 2022

“Plaintiff’s takedown letters and supporting document establish facially plausible claims of infringement, and Babybus does not allege a plausible basis for a fair use defense.” Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

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Fair Use Cease and Desist Copying Copyright Infringement 111

Technology & Marketing Law Blog

APRIL 1, 2023

Construing these allegations as true and in Service’s favor, Service subjectively believed that he possessed an ownership interest and that he never approved the Comedy Dynamics deal. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership. Federici * Biosafe-One v.

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Fair Use Cease and Desist Contracts Ownership 111

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. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein. * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

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Cease and Desist Fair Use Copyright Blogging 96

Technology & Marketing Law Blog

APRIL 29, 2023

Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

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Fair Use Cease and Desist Copyright Trademark 105