43(B)log

MARCH 10, 2023

Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. First, nominative fair use permits only the “truthful use of a mark.” Toyota, 610 F.3d 3d at 1177.

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Fair Use False Advertising Social Media Advertising 69

LexBlog IP

MAY 3, 2022

He markets the books through online retailers and his own website. Bell waited almost a year to notify the school that two of its social media accounts had infringed the copyright. The school district invoked the fair use defense and moved to dismiss the claim for failure to state a claim.

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Fair Use Social Media Copyright Marketing 52

LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

43(B)log

APRIL 26, 2023

The parties compete in the market for skid steer attachments and other products. The nature of the work didn’t disfavor fair use, since they were not particularly “creative or artistic” but were made to sell post drivers. The ads used the entire images. The “most important” factor was market effect, and there was none.

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Fair Use Advertising Advertising False Advertising 64

Copyright Lately

AUGUST 19, 2024

The AI copyright and fair use trial in Thomson Reuters v. On Friday, August 23, jurors are scheduled to hear opening statements in the first trial to test whether using copyrighted data to train an AI program qualifies as fair use. Ross Intelligence may not be glamorous, but it will be groundbreaking.

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Copyright Fair Use Copying Marketing 128

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.

Fair Use 104

Fair Use Social Media Copyright Copyright Infringement 104

Copyright Lately

MARCH 31, 2024

” A screenshot from the (now deleted) social media video at the center of the controversy. Its lawsuit reeks of an opportunistic attempt to profit from State Farm’s mistake rather than a legitimate effort to protect its copyright from real market harm.

Copyright 80

Copyright Fair Use Social Media Artwork 80

Technology & Marketing Law Blog

JUNE 2, 2022

She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. Nature of Use. It wasn’t possible to use only a portion of the photo to depict melancholy, so I guess the court is saying Kat Von D should have picked a different image altogether? This factor weighs against fair use.

Copyright 145

Copyright Social Media Fair Use Licensing 145

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.

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

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.

Social Media 130

Social Media Copyright Infringement Ownership Fair Use 130

IPilogue

OCTOBER 12, 2022

Barlow and Bear went on to become viral sensations on social media and Grammy-winning artists (2022 Best Musical Theatre Album) for their production. Netflix has responded that “ Barlow & Bear’s conduct began on social media, but stretches ‘fan fiction’ well past its breaking point. District Court in D.C.

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Intellectual Property Social Media Fair Use Music 105

Copyright Lately

OCTOBER 2, 2023

It’s time to start paying attention though, because a Delaware District Court judge just ordered this low-profile AI case to trial, largely denying the parties’ motions for summary judgment on copyright infringement and fair use (read the opinion here). These copies, Ross claims, are fair use. Thomson Reuters v.

Fair Use 95

Fair Use Copyright Copying Copyright Infringement 95

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?

Music 104

Music Fair Use Copyright Reporting 104

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.

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Fair Use Art Copyright Derivative Work 79

TorrentFreak

JANUARY 2, 2022

Just recently, Japanese company Toei Animation used Content ID to remove around 150 of his videos claiming that the use of Toei clips infringed their copyrights. Mark believes his work is allowed under fair use but that didn’t seem important to Toei.

Social Media 139

Social Media Fair Use Copyright Infringement Copyright 139

LexBlog IP

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.

Fair Use 52

Fair Use Cease and Desist Social Media Art 52

Copyright Lately

OCTOBER 20, 2024

Skiplagged countered that its use of the logo fell under “ nominative fair use ,” explaining that the logo was used only to identify the airline, not to suggest sponsorship or endorsement. This left the copyright claim over the unauthorized use of American’s flight symbol logo. million in disgorged profits.

Copyright 80

Copyright Fair Use Social Media Trademark 80

Copyright Lately

SEPTEMBER 8, 2024

Internet Archive (read the opinion here) , the court dealt a decisive blow to the Internet Archive, ruling that its practice of scanning and lending digital copies of books doesn’t qualify as fair use under the Copyright Act. Hit me up in the comments below or @copyrightlately on social media. For research.

Publishing 93

Publishing Copying Fair Use Licensing 93

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. As a bar and restaurant, the use is commercial, but is it also transformative?

Blogging 104

Blogging Social Media Television Fair Use 104

43(B)log

MAY 19, 2023

WowWee’s Vice President of Brand Development & Creative Strategy, Sydney Wiseman, used her WowWee email address to create a Roblox user account and used her Roblox account to promote My Avastars dolls on social media, including videos on her TikTok account.

Copying 94

Copying False Advertising Social Media Advertising 94

Kluwer Copyright Blog

MARCH 6, 2023

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. 243, 244), seek to protect the ability of text and data mining researchers to use copyrighted content in their work. 3 and 4) and in Singapore’s new Copyright Act (Art. HathiTrust, 755 F.3d 3d 87 (2d Cir.

Copyright 117

Copyright Social Media Publishing Licensing 117

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). 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? Blog Posts.

Editing 97

Editing Social Media Blogging Advertising 97

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

Copyright Lately

APRIL 3, 2023

The future of “controlled digital lending” is in doubt after a court rules that the Internet Archive’s online library is not protected by fair use. Instead, IA argued that its conduct was protected by fair use. A New York federal judge has ruled in favor of four leading U.S.

Fair Use 72

Fair Use Copying Publishing Copyright 72

TorrentFreak

AUGUST 16, 2024

The realm of content protection may yet have an AI savior waiting in the wings, but until a model can accurately determine fair use and conduct complex, error-free investigations, humans retain the upper hand. With piracy close to ubiquitous, work opportunities exist, to put it mildly. And that’s just the lucky ones.

Settlement 109

Settlement Social Media Public Domain Fair Use 109

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. Grimaldi , and later adopted and expanded by the Ninth Circuit.

Blogging 113

Blogging Trademark Fair Use Trademark Law 113

Technology & Marketing Law Blog

JULY 5, 2021

Some interesting discussion on the use of Google and Twitter to determine genericness: Plaintiffs also offered evidence of Google searches and social media mentions on Twitter to support their position that PRETZEL CRISPS is not generic. A company used [competitortrademark].com Whole Foods Market Service, Inc.,

IP 85

IP Social Media Fair Use Branding 85

Copyright Lately

MAY 17, 2021

And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. The Supreme Court’s seminal fair use decision, Campbell v.

Fair Use 97

Fair Use Copying Television Social Media 97

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. The court held that the photographer, and not the group or other members, held the copyright, so the group’s posting of the photos to social media could infringe.

Copyright 124

Copyright Fair Use Licensing Ownership 124

TorrentFreak

APRIL 7, 2024

Several of these services have been listed in the USTR’s overview of notorious piracy markets. Errors and Nuance Upload filters are not perfect and generally lack ability to factor-in the nuances of copyright law, such as fair use.

Copying 107

Copying Copyright Infringement Fair Use Social Media 107

Intepat

JULY 11, 2024

These companies have disclosed that Google and Meta have flagged their social media posts for copyright infringement and in some cases, even suspended their accounts. Companies can share images and videos provided by the show on social media, but cannot use the show’s or Sony’s logos, fonts, or videos elsewhere.

Copyright 52

Copyright IP Social Media Copyright Law 52

Copyright Lately

SEPTEMBER 26, 2022

Implied License and Fair Use Are the Key Remaining Defenses. With the de minimis defense out of play, this leaves defendants to argue implied license, fair use, waiver and estoppel. Defendants also plan to assert that the use of Orton’s likeness in WWE 2K (tattoos and all) is a protected fair use of Alexander’s designs.

Fair Use 87

Fair Use Licensing Ownership Copying 87

Technology & Marketing Law Blog

JANUARY 3, 2023

31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense.

Copyright 105

Copyright Social Media Copyright Infringement Publishing 105

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet.

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Copyright Ownership Social Media Licensing 130

Technology & Marketing Law Blog

SEPTEMBER 18, 2021

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act. Another Court Says Embedding Instagram Photos May Be Fair Use–Boesen v. Instagram appeared first on Technology & Marketing Law Blog. Case citation: Hunley v. Instagram LLC , 21-cv-03778-CRB (N.D. The complaint. Related posts.

Copyright 125

Copyright Copyright Infringement Social Media Licensing 125

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 142

Social Media Law Fair Use Blogging 142

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. ”).

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Fair Use Privacy Copyright Technology 134