LexBlog IP

JULY 12, 2023

The new social media platform Threads was launched on July 5, 2023. Reports indicate that within the first day of launch, more than 30 million users have signed up. Although social media activity is largely concentrated on a few major platforms, new networks have continued to pop up and compete for users.

Social Media 52

Social Media Branding Brands Branding 52

TorrentFreak

JANUARY 2, 2022

I’m referring to the hugely controversial battle between Toei Animation and popular YouTuber Totally Not Mark we reported early December. 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.

Social Media 145

Social Media Fair Use Copyright Infringement Copyright 145

Copyright Lately

JULY 15, 2024

The complaint ( read here ) accuses Chili’s operator Brinker International of using the band’s 1994 hit song “Sabotage” in an unauthorized social media video to promote the restaurant. But is Chili’s the real victim of sabotage here? Novak and Michelin-starred chef Tim Hollingsworth.

Social Media 100

Social Media Music Fair Use Copyright Infringement 100

The IP Law Blog

JULY 22, 2021

For example, Vice reported on a Beverly Hills police officer breaking out his phone and playing over a minute of Sublime’s “Santeria” when the officer discovered that his interaction with a well-known LA-area activist was being live-streamed by the citizen via Instagram. Why is this happening?

Music 104

Music Fair Use Copyright Reporting 104

Plagiarism Today

DECEMBER 14, 2021

According to YouTube’s Copyright Transparency Report , the site receives more than 4 million copyright claims every day. 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.

Plagiarism 279

Plagiarism Social Media Copyright Fair Use 279

Plagiarism Today

OCTOBER 7, 2021

This prompted Dorland to first report the alleged plagiarism to a wide variety of groups and worked on getting the story pulled while working through lawyers to demand financial compensation. However, as details of the case unfolded, Dorland learned that a donor’s letter she had written appeared in The Kindest , at least in part.

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Plagiarism Art Copying Privacy 321

TorrentFreak

OCTOBER 7, 2023

Copyright complaints kept coming in and increased in volume compared to the same period last year, the site’s latest mid-year transparency report shows. 1169% Increase in User Access Requests Before, going into the copyright infringement report it is worth pointing out a statistic that was directly triggered by the new API policy.

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Copyright Copyright Infringement Fair Use Reporting 126

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.

Intellectual Property 105

Intellectual Property Social Media Fair Use Music 105

43(B)log

APRIL 26, 2023

Creager sent a letter to third party Semper Fi, an IDT consignee, stating that the owner “got in bed with a snake” and his recent bad decisions would “put [his] life in turmoil,” referring to a “tax thing” that Semper Fi’s owner interpreted as a threat to report him to the IRS for tax evasion. The ads used the entire images.

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Fair Use Advertising Advertising False Advertising 64

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. Acceptable Internet Use.

Social Media 97

Social Media Reporting Business Fair Use 97

Copyright Lately

DECEMBER 29, 2021

But the Ninth Circuit held that expert testimony “would be particularly useful” in determining the extent to which the plaintiffs’ claimed similarities were in fact “pirate-movie tropes” and remanded the case. Wilmott Storage Services. I wrote back in September about the Ninth Circuit’s ruling in Bell v.

Copyright 120

Copyright Fair Use Social Media Copying 120

TorrentFreak

APRIL 7, 2024

Fingerprint, Find, and Report New York-based tech company WebKyte recognizes the potential and has developed a technology that might be able to fill the gap one day. However, they all aim to operate legally and, if rightsholders report pirated content, the platforms will take it down.

Copying 120

Copying Copyright Infringement Fair Use Social Media 120

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. The focus of the article is Ms.

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Copyright Social Media Copyright Infringement Publishing 111

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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Social Media Fair Use Copyright Copyright Law 98

Kluwer Copyright Blog

MARCH 6, 2023

The firm analyzed “a variety of information sources, including chomping through 100,000 news reports in 65 languages a day” to recognize patterns between health outbreaks and travel (see also here ). HathiTrust, 755 F.3d 3d 87 (2d Cir.

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Copyright Social Media Publishing Licensing 126

TorrentFreak

DECEMBER 7, 2023

Back in August we reported how Google had received requests to remove one billion allegedly-infringing links from its search results. 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. But that’s only the beginning.

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Business Reporting Social Media Copyright 122

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. Getty Images , Newgrounds , and PurplePort ).

Copyright 145

Copyright Art Registration Fair Use 145

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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Blogging Social Media Television Fair Use 111

43(B)log

FEBRUARY 18, 2022

Even where permission not legally required, thought was better results due to advances in technology—social media influencing: the advertiser wants customized content. A: History differs a lot—US foundation for ROP was set much earlier. You can cluster fair use cases. Video games: want motion capture.

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Fair Use Contracts Litigation Copying 45

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. Are you sensing a pattern yet?)

Fair Use 97

Fair Use Copying Television Social Media 97

Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir.

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Fair Use Privacy Copyright Technology 137

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 82

Fair Use Art Copyright Derivative Work 82

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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Fair Use Designs Design Licensing 85

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. 17 U.S.C. § The result, claimed Vila, would be no less than the “demise of photography as an art form.” Paging Section 113(c).

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Copyright Derivative Work Artwork Fair Use 102

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 116

Blogging Trademark Fair Use Trademark Law 116

The IPKat

JULY 9, 2024

A model car manufacturer continued selling Bulli models in packaging stating that they were "officially licenced" after its licence agreement was terminated, but raised questions of "genuine use" of the mark during the infringement proceedings. 107 to apply to the creation and dissemination of a meme on social media.

Social Media 64

Social Media Fair Use Designs Design 64

TorrentFreak

MAY 16, 2022

After researching thousands of DMCA notices and reporting on hundreds of copyright lawsuits, more often than not it takes just a few seconds or minutes to broadly establish the purpose of any action. Neither does the group chase down people who share its music in a friendly way on social media or file-sharing networks.

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Fair Use Copyright Litigation Music 132

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. based IPTV operators.

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Settlement Social Media Public Domain Fair Use 117

IP and Legal Filings

MARCH 5, 2024

Trademark Infringement in the Digital Landscape The internet and digital technology have enabled new types of trademark infringement through channels such as cybersquatting, keyword advertising, and social media misuse, making it more challenging for companies to safeguard their intellectual property rights.

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Trademark Social Media Advertising Advertising 98

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. You can find the full report here.

Copyright 135

Copyright Ownership Social Media Licensing 135

SpicyIP

AUGUST 22, 2022

The bulk of the judgement focussed on the non-commercial social-commentary aspect of the game to carve out an exception for such use, which may result in future courts holding non-commercial use as a necessary condition. The Indian counterpart of fair use in trademark law is embodied in Section 30 of the Trade Marks Act, 1999.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

TorrentFreak

MARCH 19, 2024

As reported yesterday , the decision was cited in the ongoing legal battle between book publishers and the Internet Archive. “At most, The Times’s allegations establish Microsoft’s awareness that someone could use a GPT-based product to infringe. Instead, it mostly sticks to its original claims.

Copyright Infringement 122

Copyright Infringement Television Copying Social Media 122

Velocity of Content

AUGUST 10, 2022

Having just read a new report from the UK’s Intellectual Property Office (IPO), this tradition is at serious risk. In this way the law will go much further than US fair use (which looks closely at lost market harm such as licensing revenue — actual and potential) and the laws of the EU, which allow opt-out.

Law 116

Law Licensing Publishing Intellectual Property 116

Corsearch

FEBRUARY 15, 2024

X (formerly Twitter) is one of the most popular social media platforms for businesses and individuals, with around 335 million monthly active users worldwide. Unfortunately, this global reach and accessibility to a large audience also attracts bad actors looking to exploit the popularity and features of social media platforms.

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Branding Brands Branding Social Media 59

Technology & Marketing Law Blog

DECEMBER 15, 2021

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. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

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Registration Fair Use Copyright Designs 132

SpicyIP

FEBRUARY 17, 2025

However, the announcement was made through a social media post by the Minister and no official statement has been published on the website. The Court noted inconsistencies in the plaintiff’s claims since no expert report was presented to substantiate the infringement claim. Read for more on this update! Defendant No.

Trademark 59

Trademark Copyright Registration Personality Rights 59

LexBlog IP

JULY 22, 2021

For example, Vice reported on a Beverly Hills police officer breaking out his phone and playing over a minute of Sublime’s “Santeria” when the officer discovered that his interaction with a well-known LA-area activist was being live-streamed by the citizen via Instagram. Why is this happening?

Music 52

Music Fair Use Copyright Reporting 52