Technology & Marketing Law Blog

FEBRUARY 12, 2024

This is what I call a “commercial editorial use”–ad-supported editorial content. Courts routinely split on whether commercial editorial use is commercial for fair use purposes. 6, 2024) The post Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. Case citation : Philpot v.

Fair Use 105

Fair Use Licensing Copyright Marketing 105

Plagiarism Today

APRIL 19, 2022

The court, in this case, rejected the test as well as Newsweek’s fair use arguments. The terms of the settlement have not been disclosed. The case was seen as one of the major challenges to the “server test”, which looks at where an image or piece of content is hosted, not how it appears on the final website.

Social Media 246

Social Media Settlement Fair Use Reporting 246

BYU Copyright Blog

NOVEMBER 18, 2024

The Complaint alleged that Boston University used and distributed these materials without his consent to promote and run the course, despite a Settlement Agreement from 2019 that purportedly restricted such use. Each side agreed to bear its own costs, suggesting that a mutually satisfactory settlement was reached.

Copyright 52

Copyright Settlement Fair Use Ownership 52

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

Plagiarism Today

SEPTEMBER 15, 2021

Fair Use: Since the questions at issue only make up a small portion of the textbooks at issue, Chegg may argue fair use. To make matters worse for Chegg, companies engaged in behavior seen as “unethical” by the courts, often struggle to make fair use arguments.

Copyright Infringement 290

Copyright Infringement Copyright Derivative Work Fair Use 290

TorrentFreak

OCTOBER 23, 2021

That included a number of YouTube channels including the H3 Podcast, which is currently fighting back citing fair use , a defense that Triller says isn’t available. Fair Use, Innocent Infringement, Unclean Hands. The answer from De La Santos cites the doctrine of fair use as an affirmative defense.

Reporting 144

Reporting Settlement Fair Use Copyright Infringement 144

Technology & Marketing Law Blog

JANUARY 18, 2025

Instead, XXL relied on a fair use defense, which works: Nature of use: “the video was the subject of the news story and because the article added new information and context about the contents of the video.” The court also says it can’t consider the evidence that Mediaite used embedding on a motion to dismiss.

Copyright 96

Copyright Social Media Licensing Fair Use 96

IPilogue

OCTOBER 26, 2021

It is composed of two phases centering on two legal issues that were trialed separately—the copyrightability of APIs and the fair use doctrine. It also ordered a second trial to determine whether Google’s use of Java API was acceptable under the fair use doctrine. Oracle appealed successfully.

Copyright Infringement 111

Copyright Infringement Copyright Fair Use Settlement 111

Plagiarism Today

OCTOBER 25, 2021

Next up today, Andy Maxwell at Torrentfreak writes that one of the Triller lawsuits has taken a turn as the defendant accuses Triller of refusing to honor a settlement agreement and operating in bad faith during the early parts of the disagreement. 2: Triller Reportedly Agreed to Settle ‘Jake Paul’ Piracy Claim Then Returned Cash.

Music 246

Music Publishing Fair Use Journalism 246

Technology & Marketing Law Blog

NOVEMBER 16, 2024

The defendant published a bio on Sewell and included one of McDermott’s photos–apparently sourced from an unrelated Instagram account (possibly another infringer, or perhaps that account has a fair use defense?). In 16 months, the bio generated less than 100 views. On the other hand, the plaintiff never sent a C&D.

Copyright 102

Copyright Settlement Licensing Litigation 102

Technology & Marketing Law Blog

NOVEMBER 22, 2022

Three cases have filed a “notice of settlement,” though some of the other dismissals may reflect undisclosed settlements. Of these respondents, 39% would not accept any financial risk for an established fair use, and another 44.4% Among these scholars confident of fair-use, only 3.3%

Copyright 145

Copyright Fair Use Settlement Blogging 145

Technology & Marketing Law Blog

FEBRUARY 24, 2022

[I published this post initially on the Association of Research Libraries blog in celebration of Fair Use Week 2022. Fair use is supposed to protect research bloggers in these circumstances. Defendants have also won fair use-based motions to dismiss over republishing a partial screen shot ( Yang v.

Fair Use 59

Fair Use Publishing Copyright Infringement Journalism 59

Plagiarism Today

AUGUST 25, 2021

1: Google/Oracle Doesn’t Affect Warhol Fair-Use Ruling, 2nd Circ Says. Recently, the Supreme Court ruled in favor of Google, granting a broader fair use exemption to computer code. In that case, they found that Warhol’s use of her photographs of Prince in an artistic piece was not a fair use.

Fair Use 130

Fair Use Plagiarism Settlement Licensing 130

LexBlog IP

MAY 3, 2022

The school district removed both posts and told Bell it was a “teachable moment” After settlement negotiations broke down, Bell sued for copyright infringement. The school district invoked the fair use defense and moved to dismiss the claim for failure to state a claim.

Fair Use 52

Fair Use Social Media Copyright Marketing 52

JD Supra Law

JUNE 17, 2022

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright infringement dispute between a paparazzo and Emily Ratajkowski, and discuss the settlement’s implications for Fair Use. By: Weintraub Tobin

Fair Use 52

Fair Use Blogging Settlement IP 52

BYU Copyright Blog

SEPTEMBER 2, 2022

The district court that initially heard the case ruled in favor of ComicMix on both issues, finding, in particular, that the use of Seuss's copyrighted expression was excused under the fair use doctrine. The case was then remanded to the lower court.In

Settlement 52

Settlement Fair Use Intellectual Property Copyright Infringement 52

Copyright Lately

SEPTEMBER 29, 2024

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.” The Fair Use Defense The court also denied State Farm’s motion to dismiss Atari’s copyright claim based on the fair use defense.

Fair Use 110

Fair Use Copyright Artwork Social Media 110

TorrentFreak

SEPTEMBER 30, 2021

courts, collecting millions of dollars in settlements. These include misuse of copyright, fair use, unclean hands, and excessive damages. In recent years, adult entertainment outfit Malibu Media has often been described as a copyright-trolling operation. but in recent years this activity ground to a halt. Fifteen in total.

Copyright 145

Copyright Settlement Litigation Fair Use 145

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. 2m+ Settlement Agreed The closure of these services will be governed by a settlement agreement between ACE and three U.S.-based

Settlement 120

Settlement Social Media Public Domain Fair Use 120

Technology & Marketing Law Blog

SEPTEMBER 20, 2021

identifies search results referencing the term “emoji” in the title or description, even if the product, in fact, depicts emojis and would obviously qualify as either non-use or descriptive fair use (see screenshot as one of dozens/hundreds of examples). then voluntarily dismisses the defendants.

Trademark 145

Trademark Fair Use Settlement Blogging 145

Nelligan Law

FEBRUARY 20, 2024

Entertainment furnish invaluable insights into how the subtleties of copyright law and the doctrine of fair use are navigated differently in the context of tattooing, reshaping the legal terrain for artists and copyright custodians alike. Conversely, the confidential settlement reached in S. Victor Whitmill vs. Warner Bros.

Copyright 105

Copyright Fair Use Copyright Law Settlement 105

TorrentFreak

APRIL 5, 2023

In their November 2021 answer to the complaint, the four men denied the copyright infringement allegations and cited fair use among other affirmative defenses. What followed was a series of requests for time extensions and a note to the court on February 6, 2023, indicating that a settlement had been agreed in principle.

Copyright Infringement 145

Copyright Infringement Settlement Reporting Fair Use 145

JIPL Online

MARCH 15, 2021

Then, the post will predict how Netflix may shift its content practices, defense strategies, and settlement tactics as a result of their past litigation successes in copyright actions. SETTLEMENT CASES. 9] Both parties reached an amicable settlement. [10] 9] Both parties reached an amicable settlement. [10] TRIAL CASES.

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

Copyright Lately

AUGUST 22, 2021

The complaint raised concerns that Dolezal was using copyright law to purge the historical record of her controversial past, while seeking substantial monetary damages in the process. The defendant, CBS Interactive, had a solid fair use defense, but never needed to assert it. The settlements are confidential.]

Copyright 95

Copyright Fair Use Designs Design 95

JD Supra Law

JUNE 17, 2022

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright infringement dispute between a paparazzo and Emily Ratajkowski, and discuss the settlement’s implications for Fair Use. By: Weintraub Tobin

Fair Use 40

Fair Use Blogging Settlement IP 40

BYU Copyright Blog

MARCH 21, 2022

Eagle Mountain-Saginaw School District saga reported that a Texas court sided with Eagle Mountain and ruled that its tweets constituted fair use. its February 25, 2022, Opinion, the Fifth Circuit ruled on whether the tweets constituted fair use considering the four factors of fair use.

Fair Use 75

Fair Use Settlement Blogging Copyright 75

SpicyIP

MARCH 1, 2025

In light of Amazon’s decision to disable the ‘Download or Transfer via USB’ feature from their Kindle devices, Arnav Kaman discusses DRMs/TPMs, the rights of the user, what users can do with their ebooks within the fair use doctrine, and the future of ebooks in this guest post.

Copying 59

Copying Editing Licensing Copyright 59

SpicyIP

AUGUST 22, 2022

His order does not restrain Mattel from filing an infringement suit which is probably why the studio decided to change the songs name as part of a settlement deal with Mattel. The Indian counterpart of fair use in trademark law is embodied in Section 30 of the Trade Marks Act, 1999. C) Any non-commercial use of a mark.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

TorrentFreak

MAY 16, 2022

McFree filed a motion to quash, arguing that any use of Watch Tower material was protected under the doctrine of fair use. The judge found that McFree’s use of Watch Tower content amounted to parody, criticism and commentary, and was therefore protected under the doctrine of fair use.

Fair Use 134

Fair Use Copyright Litigation Music 134

Technology & Marketing Law Blog

MARCH 29, 2023

At an initial conference on January 23, 2023, the parties reached a settlement and asked to dismiss the claim. The CCB in the Final Determination sidesteps that issue, and looks to Prutton’s two defenses: fair use and unclean hands. Fair Use: From my perspective, the fair use analysis is what I’ve been waiting for.

Blogging 105

Blogging Fair Use Copyright Copyright Notice 105

Nelligan Law

MARCH 25, 2024

Reading Time: 2 minutes In a courtroom drama that could rival a Warholian masterpiece, the Andy Warhol Foundation and photographer Lynn Goldsmith have finally put their legal paintbrushes down, reaching a colorful settlement that’s sure to leave both sides seeing the world through a different lens. GOLDSMITH ET AL.,

Copyright Infringement 105

Copyright Infringement Fair Use Art Settlement 105

LexBlog IP

NOVEMBER 28, 2023

But wait, shouldn’t the Fair Use Doctrine imputed under the First Amendment apply to an obviously parodied creative work? Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here? Yes and no. All meme-like images in this article are properly licensed. What about meme generators?

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

Greenspoon Marder LLP

JANUARY 9, 2017

It is believed there were productive settlement discussions and that the Studios were working on guidelines for amateur, nonprofessional filmmakers to help avoid similar disputes in the future. One major area of dispute between the parties is whether Axanar’s works fall under copyright law’s “fair use doctrine.”

Fair Use 52

Fair Use Derivative Work Settlement Copyright 52

SpicyIP

FEBRUARY 17, 2025

Granules India, the Delhi HC recorded a settlement after Granules’ undertaking for exemption under Section 107A a.k.a 1 had entered into a settlement with the plaintiff and the other defendants did not participate in the proceedings. Read for more on this update! the Bolar provision. Defendant No.

Trademark 59

Trademark Copyright Registration Personality Rights 59

IP Law 360

AUGUST 11, 2021

has reached a settlement to end a copyright lawsuit against a startup that created a "virtual" version of iPhone to detect potential bugs, months after a judge ruled that the research tool was a fair use.

Copyright 40

Copyright Fair Use Settlement 40

BYU Copyright Blog

SEPTEMBER 6, 2021

However, Lehren claims that it would characterize the copied text “as limited and immaterial[,]” and asserts that the, "copying falls within the Fair Use exception to infringement."Lehren On June 13, 2021, Lehren filed its Answer wherein it admitted that it “copied a limited amount of text.”

Copying 52

Copying Fair Use Advertising Advertising 52

BYU Copyright Blog

MAY 13, 2024

Chegg presented several defenses, including fair use, copyright misuse, express license, and equitable estoppel. They argued that their use of Pearsons textbook questions constituted fair use under 17 U.S.C. This process may continue further down the road if the parties do not reach a settlement by then.

Fair Use 52

Fair Use Derivative Work Settlement Copyright 52