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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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

SEPTEMBER 29, 2024

A screenshot from the (now deleted) social media video at the center of the controversy. In May, State Farm filed a motion to dismiss the lawsuit (read here) , arguing that Atari was “seeking a windfall for the inadvertent and fleeting use of a decades-old arcade game.”

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The IP Law Blog

SEPTEMBER 30, 2022

Posting copyrighted images or photos on your website or social media. Using a copyrighted song, or portion of a song, in a presentation, at an event, on your website, or on social media. Modifying an image or photo and using it in a presentation, brochure, on your website, or on social media.

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IP Intelligence

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § 107(1) asks whether the contested use “is of a commercial nature.” 107 is common practice. Indeed, part of 17 U.S.C. § Acuff-Rose Music, Inc.

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SpicyIP

FEBRUARY 3, 2025

(This post has been co-authored with SpicyIP Intern Aditi Agrawal and Bharathwaj Ramakrishnan) Here is our recap of last weeks top IP developments including summary of the posts on taking stock of ANI vs OpenAI copyright litigation (Part I and II), and Machine Unlearning and the ANI vs OpenAI case. Drop a comment below to let us know.

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LexBlog IP

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § § 107(1) asks whether the contested use “is of a commercial nature.” § 107 is common practice. Indeed, part of 17 U.S.C. §

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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. billion views.

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Copyright Lately

DECEMBER 29, 2021

This is actually the second year in a row that long-running copyright litigation involving Pirates of the Caribbean has made my “worst of” list. Oracle was long billed as the Supreme Court’s “Copyright Case of the Century,” but the culmination of over ten years of litigation resulted in an opinion that’s largely unsatisfying.

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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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43(B)log

APRIL 26, 2023

Creager also alleged that IDT contacted vendors who sell Creager’s products and made defamatory statements; the one that seemed to have an impact was to third party LJD, claiming that Creager was using LJD’s name in “defamatory advertising against my company,” advising that LJD could be “tangled up in litigation.”

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43(B)log

FEBRUARY 18, 2022

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. A: History differs a lot—US foundation for ROP was set much earlier.

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TorrentFreak

MAY 16, 2022

Neither does the group chase down people who share its music in a friendly way on social media or file-sharing networks. However, if critics (so-called ‘apostates’) use Watch Tower copyrighted content to challenge its authority or practices, bad things can follow. Devine Intervention Levels The Playing Field.

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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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Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. Implications This is surely not the last word on the subject because Shah litigated pro se. Still, its implications are wide-ranging.

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Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. This left only the fair use defense remaining for the jury.

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Technology & Marketing Law Blog

APRIL 3, 2023

Professor Farley and I propose a trademark fair use defense that would apply to any informational or expressive use of language or designs claimed by another as a mark in connection with any goods or services. The expense of litigation may chill speech. Grimaldi , and later adopted and expanded by the Ninth Circuit.

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The IP Law Blog

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. The District Court also found that the use was not fair use.

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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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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. Lllllllet’s get ready to litigate!

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Kluwer Copyright Blog

FEBRUARY 2, 2023

Litigation against generative AI started in 2022 with a class action launched against Copilot , an AI trained to generate computer code using examples from Github. It ramped up further in the first weeks of 2023 with a UK action by Getty Images against Stability AI and a class action against Stability AI and others in the US.

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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].

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IP and Legal Filings

MARCH 5, 2024

For trademark owners, litigation was their main option. It gave them the ability to sue in court to stop infringement and recover damages for unapproved use of their marks. Trademark owners frequently used cease and desist letters to pressure infringers to stop using their marks without authorization before taking legal action.

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Kluwer Copyright Blog

JULY 24, 2024

On the first, substantial litigation has already been launched concerning whether the data used to train these models requires payment or opt-in from creatives whose work has been ingested, often without consent. Two key issues have generated much argument, relating respectively to the inputs to and outputs from large models.

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Technology & Marketing Law Blog

AUGUST 29, 2022

How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws? Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v.

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Copyright Lately

SEPTEMBER 12, 2022

In the alternative, Vila asserted that his reproduction of Deadly Doll’s copyrighted work in connection with the photograph of Shayk was protected by the fair use doctrine. But when cases like Deadly Doll do end up in court, hopefully more litigants and judges will take the opportunity to explore the contours of 113(c).

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Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. I’m keeping my fingers crossed this anomaly gets fixed somewhere in this litigation. I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry , Knapke v. Copyright Preemption.

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Copyright Lately

AUGUST 2, 2022

While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. The Musical Parody ,” “The Unofficial Bridgerton Musical” isn’t the type of parody musical that courts have often found to be fair use under the Copyright Act.

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IP Tech Blog

NOVEMBER 29, 2023

As a way to supplement her income, she put on a contest whereby her social media followers would buy gift certificates for future tattoos and would get to vote on one of several funny tattoos that would eventually be tattooed onto the artist’s husband. Netflix moved to dismiss the complaint on, among other grounds, fair use.

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LexBlog IP

SEPTEMBER 30, 2022

Posting copyrighted images or photos on your website or social media. Using a copyrighted song, or portion of a song, in a presentation, at an event, on your website, or on social media. Modifying an image or photo and using it in a presentation, brochure, on your website, or on social media.

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IPilogue

OCTOBER 28, 2021

District Court for the Eastern District of New York ruled that the parodical and satirical use of Fun World’s copyrighted “Ghost Face” mask was permitted under the fair use doctrine. More recently, on September 27, the U.S. DIY Tricks?

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SpicyIP

AUGUST 4, 2024

Play Games 24X7 Private Limited vs R Y Easy Shop Private Limited & Anr on 29 July 2024 (Delhi High Court) The Court ordered that until the next date, the defendant and related parties are restrained from using the mark ‘RUMMYCIRCLE’ in any manner including the logo, domain name, or on social media, etc.

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Copyright Lately

OCTOBER 24, 2022

Fair use and de minimis defenses are often unreliable, and even if you have a solid case, defending copyright infringement lawsuits is an expensive proposition. In 1997, the Second Circuit reversed the district court’s finding that BET made fair use of Faith Ringgold’s “Church Picnic Story” quilt.

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Technology & Marketing Law Blog

AUGUST 1, 2023

In other words, the gist of the case is whether the photographers surrender their right to exclude others by voluntarily posting their own photos to social media. The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use. 3d at 1160.

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LexBlog IP

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. The District Court also found that the use was not fair use.

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JIPEL Copyright Blog

MARCH 9, 2022

The museum industry, it would seem, is taking note of technology’s growing role in its operations, particularly in regards to visitor engagement and staying relevant in a social media-driven society where declining visitation rates have only been exacerbated by the ongoing pandemic.

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JIPEL Copyright Blog

MARCH 21, 2022

Players rallied against Nintendo’s actions, causing #FreeMelee to trend across social media and throughout the gaming world. While these policy considerations could weigh heavily in their favor, it seems unlikely that any TO or group would be willing to risk litigation by hosting a tournament that Nintendo explicitly forbids.

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