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 120

Social Media Copyright Infringement Ownership Fair Use 120

TorrentFreak

JANUARY 28, 2022

Every week, millions of these requests are sent to hosting platforms and third-party services, including social media networks. This week, Twitter published a new update to its transparency report , highlighting the latest takedown volumes and trends. One notice can flag dozens of tweets and media files, or just one.

Copyright 143

Copyright Social Media Music Reporting 143

TorrentFreak

SEPTEMBER 18, 2023

Musician Eddy Grant filed a complaint against Trump in 2020 and three years later there’s little positivity to report for anyone involved. Use Was Not Fair In October 2021, U.S. District Judge John Koeltl said each of the fair use factors weighed in favor of Grant.

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Fair Use Copyright Registration Music 94

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

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.

Branding 59

Branding Brands Branding Social Media 59

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 Music Fair Use 105

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.

Copyright 95

Copyright Copyright Infringement Fair Use Reporting 95

TorrentFreak

OCTOBER 16, 2022

The scale of infringements sounds pretty outrageous for an independent creator and we were blown away when Clement showed us his daily copyright infringement battle in action. There’s a never-ending stream of infringements across social media platforms that seems impossible to stop, much like the weather.

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Copyright Infringement Copyright Social Media Fair Use 131

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 132

Social Media Fair Use Copyright Infringement Copyright 132

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 91

Copying Copyright Infringement Fair Use Social Media 91

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 86

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.

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Social Media Reporting Business Fair Use 97

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.

Business 99

Business Reporting Social Media Copyright 99

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 Social Media 77

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.

Copyright 93

Copyright Social Media Copyright Infringement Publishing 93

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 80

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].

Social Media 98

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.

Copyright 121

Copyright Social Media Publishing Licensing 121

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

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 136

Technology & Marketing Law Blog

JANUARY 24, 2023

As part of Musk’s ElonJet crackdown, he blocked journalists for reporting on the story. This was always a tough case involving possible conflicts between Section 230 and the Fair Credit Reporting Act. The opinion upheld every aspect of Texas’ social media censorship law. Henderson v.

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Law Social Media Government Privacy 114

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 113

Copyright Fair Use Social Media Copying 113

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?)

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Fair Use Copying Television Social Media 96

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).

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

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 Fair Use Registration 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.

Blogging 92

Blogging Social Media Television Fair Use 92

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 103

Blogging Trademark Fair Use Trademark Law 103

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 71

Fair Use Copying Publishing Copyright 71

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 262

Plagiarism Social Media Copyright Fair Use 262

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 90

Copyright Infringement Television Copying Social Media 90

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.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

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 122

The IPKat

DECEMBER 20, 2023

by Despoina Dimitrakopoulou Recently, the news of reggaeton mega-star Bad Bunny's eloquently put disappointment spread on social media, bringing up interesting questions concerning music creation using AI. Over to Despoina: Bad Bunny shoo shooes anyone liking AI-generated song replicating his style and voice – is he right?

Music 73

Music Social Media Copying Derivative Work 73

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

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 262

Copyright Lately

MAY 21, 2021

The man in the photo, whom Dolezal previously identified as “my dad” in social media posts, was later revealed to be Albert Wilkerson Jr. , After a local Spokane news reporter asked Dolezal point blank “Are you African American?,” who had worked with Dolezal but was not her father.

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

Technology & Marketing Law Blog

DECEMBER 11, 2021

For example, if a third-party poster copies a newspaper article and posts it to their social media page, the court implies that the social media service can never assert Section 230 protection for that article–even if the third-party poster isn’t infringing copyright because of, say, fair use.

Advertising 91

Advertising Advertising Social Media Blogging 91