Technology & Marketing Law Blog

MARCH 3, 2022

The school moved to dismiss on fair use grounds, and the district court granted the motion and awarded attorneys’ fees to the school. (I Bell appealed to the Fifth Circuit, which easily affirms the fair use dismissal and attorneys’ fees. Nature of the Use. ” Bell sued anyways. Nature of the Work.

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Copyright Lately

MAY 22, 2023

Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. Andy Warhol Foundation v.

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Copyright Lately

FEBRUARY 17, 2025

Ross Intelligence will get plenty of second looks from courts deciding fair use in generative AI copyright cases. Those were some of the phrases legal commentators used to describe Andy Warhol Foundation for the Visual Arts v. Goldsmith in the days following the Supreme Courts 2023 landmark fair use decision.

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Copyright Lately

JANUARY 23, 2024

Photographer Jeff Sedlik will ask a federal jury to find that celebrity tattoo artist Katherine Von Drachenberg (aka Kat Von D) infringed the copyright in his iconic portrait of Miles Davis by reproducing the photo in a tattoo and then displaying images of her handiwork on social media.

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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.

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Plagiarism Today

APRIL 19, 2022

First off today, Joe Tidy at the BBC reports that the City of London Police have arrested three people and shuttered the website of a group that was running an unauthorized clone of Club Penguin, the Disney social media site/game that shuttered in 2017. The terms of the settlement have not been disclosed.

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JD Supra Law

JANUARY 30, 2023

Supreme Court heard arguments regarding whether pop artist Andy Warhol’s artwork made fair use of a photo of a music legend, Prince, in Andy Warhol Foundation for the Visual Arts, Inc. This case is important because it may provide additional guidance in the very murky area of transformative use under copyright law.

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JD Supra Law

AUGUST 9, 2022

???????What additional value does a copyright registration confer on a run-of-the-mill neighborhood social media post? Not a lot, it appears. Earlier this year, the First Circuit affirmed the dismissal of a lawsuit brought by one neighbor against another. By: Dorsey & Whitney LLP

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Plagiarism Today

SEPTEMBER 28, 2021

I understand a lot of you may be upset that I saw a photo on social media and loved it enough to imitate it in a very different style. ” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works. Bottom Line.

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The Illusion of More

DECEMBER 8, 2023

In my last post, I focused on the hypothetical fair use defense of generative AI under the principles articulated in the Google Books decision of 2014.

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Art Law Journal

JULY 31, 2020

Knowing more about copyright and fair use will help you determine what is yours to use and what is off limits. Nicole Martinez.

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43(B)log

NOVEMBER 15, 2023

It may well be true that nominative fair use often entails just using a word, not a logo, but courts occasionally recognize that there are situations where the logo/trade dress is actually an important means of communicating and should still fall within nominative fair use.

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IP Watchdog

DECEMBER 10, 2021

Copyright Office is studying and requesting comment on a proposal to defer registration examination; a bipartisan group of Senators introduce a new bill that would require social media companies to provide data to NSF-vetted independent researchers; Toyota Motor announces that it will shutdown production at two Japanese facilities due to labor and (..)

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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.

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Copyright Lately

SEPTEMBER 29, 2024

A screenshot from the (now deleted) social media video at the center of the controversy. 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.”

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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.

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LexBlog IP

JULY 12, 2023

The new social media platform Threads was launched on July 5, 2023. Although social media activity is largely concentrated on a few major platforms, new networks have continued to pop up and compete for users. Acquiring social media handles that are owned by other people can be difficult (and sometimes expensive).

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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.

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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.

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TorrentFreak

OCTOBER 31, 2024

Today’s social media users see copyright conflicts on a regular basis, but probably due to the way copyright is enforced, tend to view images and text as faiir game when compared to movies and music. In Japan, where the concept of fair use isn’t recognized, there’s arguably less cause for confusion.

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Copyright Lately

DECEMBER 29, 2024

The trouble began when Albany radio station WGNA asked its social media followers to vote for the regions best fried chicken and tagged a few contenders, including Chicken Joes, which retweeted the stations original post. Fair Use Declawed. The retweet that started the chicken wars. Whyte Monkee Productions, LLC v.

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The IP Law Blog

SEPTEMBER 30, 2022

Posting copyrighted images or photos on your website or social media. Using a copyrighted song, or portion of a song, in a presentation, at an event, on your website, or on social media. Modifying an image or photo and using it in a presentation, brochure, on your website, or on social media.

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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.” 107 is common practice. Indeed, part of 17 U.S.C. § Acuff-Rose Music, Inc.

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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?

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43(B)log

MARCH 10, 2023

First, nominative fair use permits only the “truthful use of a mark.” Toyota, 610 F.3d 3d at 1177. Defendants contended that one axe “meet[s] WATL Regulations” and that another “meets WATL Regulations with a slight modification that is commonly made.”

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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.

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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.” § 107 is common practice. Indeed, part of 17 U.S.C. §

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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 ”.

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IP and Legal Filings

FEBRUARY 15, 2023

However, it is not so and such use will be unauthorized unless and until the permission of the owner has been taken, or he has been referenced or if the information has been made available by the government. Also, the privacy and security matters on the social media make it much difficult to prevent the duplication of copyrighted works.

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Indiana Intellectual Property Law

FEBRUARY 12, 2024

The jury found that Von D’s tattoo, drawing, and social media posts based on Sedlik’s portrait constituted fair use of the copyrighted work, effectively dismissing the photographer’s claims of infringement. For Von D, the decision marked the end of a two-year legal ordeal.

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JD Supra Law

JUNE 6, 2023

Supreme Court found that the purpose and character of the use of “Orange Prince” by the Andy Warhol Foundation for the Visual Arts (AWF) weighed against a finding of fair use of Lynn Goldsmith’s photograph of the artist known as Prince. By: Pillsbury - Internet & Social Media Law Blog

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Plagiarism Today

DECEMBER 14, 2021

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. Social media silos like Twitter, Facebook and TikTok dominate the landscape. This has put YouTubers in a bind. Since then, the internet has become much more consolidated.

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LexBlog IP

MAY 3, 2022

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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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?

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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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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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IP Tech Blog

MARCH 28, 2023

Even though the Internet Archive and participating libraries purchased print copies of the books and, for the most part, made them available to borrowers on a one-to-one basis, the court rejected the Internet Archives’ fair use defense. The court also rejected Internet Archives arguments that its use was entirely non-commercial.

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