43(B)log

MARCH 1, 2022

25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

Copyright Lately

SEPTEMBER 8, 2024

A court win against the Internet Archive has publishers celebrating, but what does it mean for the future of public libraries and digital access? It’s a clear win for publishers, but for public libraries—and the millions who rely on them for access to digital books—the ruling may signal more troubling times ahead. Hachette v.

Publishing 100

Publishing Copying Fair Use Licensing 100

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’s a creative photo, but it was published. Amount Used. This factor weighs against fair use. However, the court says the jury can decide if the defendants profited from their social media posts.

Copyright 145

Copyright Social Media Fair Use Licensing 145

Copyright Lately

SEPTEMBER 29, 2024

It looks like Jake from State Farm is definitely going to blow through his deductible, as the insurance giant lost its bid to declare game over on a lawsuit brought by video game publisher Atari Interactive. A screenshot from the (now deleted) social media video at the center of the controversy.

Fair Use 109

Fair Use Copyright Artwork Social Media 109

Plagiarism Today

APRIL 4, 2022

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. In April 2021, researcher Jess L Gregory published an article entitled “ Plagiarism as a Social Contract, a New Way to Approach Plagiarism ”.

Plagiarism 279

Plagiarism Social Media Contracts Copying 279

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 109

Fair Use Social Media Copyright Copyright Infringement 109

Plagiarism Today

OCTOBER 7, 2021

On Tuesday, journalist Robert Kolker published an article in the New York Times Magazine entitled Who is the Bad Art Friend? Those questions come from every angle and include debates about social media, the ethics of organ donation, writers’ ethics when using elements from another person’s life and much, much more.

Plagiarism 321

Plagiarism Art Copying Privacy 321

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.” Kingsport Publish. 107 is common practice. Indeed, part of 17 U.S.C. § See Castle v.

Fair Use 52

Fair Use Advertising Advertising Copyright 52

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?

Social Media 52

Social Media Art Fair Use Moral Rights 52

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.” Kingsport Publish. § 107 is common practice. See Castle v.

Fair Use 52

Fair Use Advertising Advertising Copyright 52

IP Tech Blog

MARCH 28, 2023

A federal district court in New York held that the Internet Archive’s Open Library project was engaging in copyright infringement by publishing digital copies of millions of books online. The court engaged in an extensive analysis of whether the purpose and character of Internet Archive’s use was transformative. of America v.

Fair Use 57

Fair Use Copying Publishing Copyright Infringement 57

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.

Copyright 135

Copyright Fair Use Copying Marketing 135

LexBlog IP

MAY 3, 2022

Keith Bell published a book in 1982 entitled Winning Isn’t Normal which provides strategies for success in athletics. The school district did not seek his permission before publishing the tweets. Bell waited almost a year to notify the school that two of its social media accounts had infringed the copyright.

Fair Use 52

Fair Use Social Media Copyright Marketing 52

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.

Fair Use 120

Fair Use Copyright Copying Copyright Infringement 120

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. The top two entries will be awarded with some cash prizes and also with a chance to be published on the blog!

Blogging 59

Blogging Intellectual Property Journalism Social Media 59

SpicyIP

FEBRUARY 3, 2025

Drop a comment below to let us know. Highlights of the Week Taking Stock of ANI vs OpenAI Copyright Litigation- Part I With interventions from book and digital publishers in the ANI vs OpenAI copyright litigation, the Delhi HC will begin hearing arguments in the ANI-OpenAI Copyright dispute from February 21.

Copyright 95

Copyright Litigation Trademark Copyright Infringement 95

LexBlog IP

NOVEMBER 1, 2023

Businesses looking to capitalize on amusing or interesting videos in social media channels should beware of potential copyright infringement liability and bear in mind that a fair use defense may not be available. Frank Kent moved to dismiss the action, but the U.S. Read more

Fair Use 40

Fair Use Social Media Copyright Copyright Infringement 40

Kluwer Copyright Blog

MARCH 6, 2023

Other TDM projects have examined social media and other online sources to track and explain COVID-19 vaccination hesitancy, and to identify High-Risk COVID-19 patients. The project is therefore studying their rights to make unauthorized research uses under African copyright law. HathiTrust, 755 F.3d 3d 87 (2d Cir.

Copyright 126

Copyright Social Media Publishing Licensing 126

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. UMG Recordings, Inc., Wright v.

Copyright 111

Copyright Social Media Copyright Infringement Publishing 111

Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

Copyright 86

Copyright Fair Use Social Media Artwork 86

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.

Fair Use 85

Fair Use Art Copyright Derivative Work 85

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.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

Kluwer Copyright Blog

FEBRUARY 2, 2023

A journalist used Midjourney to illustrate an article in The Atlantic and was attacked on social media for not hiring an illustrator. Text and data mining There is wide disparity in the scope of exceptions in national copyright laws permitting copying for the use of training AI.

Copyright 145

Copyright Art Registration Fair Use 145

The IP Law Blog

OCTOBER 13, 2022

Take-Two Interactive Software found that the depiction of tattoos on wrestler Randy Orton in a video game published by Take Two Interactive infringed the tattoo artist’s copyright in the tattoos. The District Court also found that the use was not fair use. However, the jury did get instructions on fair use.

Fair Use 98

Fair Use Copyright Licensing Copying 98

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

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. While the lawsuit takes issue with IA’s entire digital library project, it seems pretty clear that NEL was the poke that prompted publishers to take legal action.

Fair Use 78

Fair Use Copying Publishing Copyright 78

The IPKat

APRIL 3, 2023

Selected key innovations of the Copyright Act 2022 The official copy of the Copyright Act 2022 will be published in due course in the Official Gazette. 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?

Copyright 128

Copyright Intellectual Property Fair Use Copyright Law 128

Velocity of Content

AUGUST 10, 2022

In the aftermath of Brexit, many publishers were wondering if the UK — with its strong tradition of supporting the rights of publishers, authors, and artists — would provide another voice in defense of copyright. The need remains for high quality, validated news unavailable from social media. Reprinted with permission.

Law 116

Law Licensing Publishing Intellectual Property 116

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

Velocity of Content

SEPTEMBER 9, 2021

In this post, I’m looking at the vast domain of the YouTube video & social media platform —which, lest we forget, is a major division of Google/Alphabet — and how its copyright aspect manifests in options for individual contributors (“YouTubers,” in the jargon). Also, I am not focusing on how people make money on YouTube.

Copyright 113

Copyright Social Media Licensing Publishing 113

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. ” Notice how this legal standard skips a step in the publication process, because it was likely not the initial authors/publishers who submitted the yearbooks to PeopleConnect. Ancestry , Knapke v.

Advertising 111

Advertising Advertising Social Media Blogging 111

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.

Editing 98

Editing Social Media Blogging Advertising 98

TorrentFreak

MAY 16, 2022

For years the Watch Tower Bible and Tract Society, the supervising body and publisher for the Jehovah’s Witness religious group, has used the cheap DMCA subpoena process to identify anonymous people said to have infringed their copyrights, usually in music or videos. DMCA Subpoenas Are Cheap and Powerful.

Fair Use 134

Fair Use Copyright Litigation Music 134

TorrentFreak

DECEMBER 7, 2023

A few days before we published that report, Google had just processed its seven billionth removal request, having reached six billion less than a year earlier. Social media platform Facebook also reports huge numbers of takedowns to the EC. Those listed below represent just a small sample.

Business 125

Business Reporting Social Media Copyright 125

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!

Music 112

Music Derivative Work Fair Use Cease and Desist 112

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. “These books behind me don’t just make the office look good, they’re filled with useful legal tidbits just like that!”.

Copyright 105

Copyright Derivative Work Artwork Fair Use 105

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