Plagiarism Today

APRIL 4, 2022

Both sides took to social media, with Dash claiming that “You have to lose some battles to win a war… Stay tuned” hinting at a possible appeal. For a time, Malibu Media was one of the most prolific copyright litigants in the world. A jury has now ruled in that case and sided with Muddy Water Pictures.

Copyright Infringement 246

Copyright Infringement Social Media Copyright Plagiarism 246

Technology & Marketing Law Blog

DECEMBER 8, 2023

Plaintiffs CAN’T WAIT to sue Internet services using the Texas social media censorship law. Nevertheless, the plaintiffs argued that the law “evidences a strong public policy to protect Texans from wrongful censorship on social media platforms.” But surprise! I hope it doesn’t.

Social Media 98

Social Media Law Litigation Blogging 98

Traverse Legal Blog

SEPTEMBER 20, 2024

“Influencer Marketing” and “Social Media Brand Endorsement” have become big business. Our law firm represents some of the business’s largest social media marketing agencies and influencers. This means they also own and need to license the copyright to the brand.

Social Media 52

Social Media Branding Brands Branding 52

Copyright Lately

JANUARY 20, 2025

On the same day last week, federal judges in the Southern District of New York issued a pair of decisions that highlight the persistent legal uncertainty publishers and websites in the Second Circuit face when embedding content from social media platforms. Townsquare Media, Inc. Lynk Media v. In Richardson v.

Copyright 69

Copyright Social Media Fair Use Publishing 69

Technology & Marketing Law Blog

FEBRUARY 11, 2024

( head nod to Judge Friendly ). * * * The plaintiff licenses a photo database to grocery stores for $12k/yr. Chicken Joe’s, an Albany NY-based restaurant “reposted” @WGNAFM’s post, which apparently included the photo in question, to its “social media” page. All excellent points.

Copyright Infringement 115

Copyright Infringement Social Media Copyright Licensing 115

IP Watchdog

DECEMBER 21, 2021

In the decade since the America Invents Act (AIA) was enacted, patent licensing challenges have increased for many technology companies and independent inventors. From the perspective of the Intangible Investor, 2022 will be a year of new opportunities and transitional growth. grants for the first half of 2021.

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IP Litigation Inventor Licensing 121

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.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

Traverse Legal Blog

APRIL 6, 2022

.” F1 Delta Time lost its trademark license to use F1 / Formula One as part of the F1 Delta Time game. The brand licensing deal apparently had a ‘term’ that expired. F1 did not renew the license. Did the initial NFT buyers even know their NFT license was subject to an upstream license that might expire?

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Licensing Trademark Contracts Branding 98

Copyright Lately

FEBRUARY 2, 2025

Unfortunately, the mere threat of litigation can be just as effective as an actual lawsuitand a whole lot cheaper. Sherlock Holmes and the Case of the Overstretched Copyright Even when claims to copyright protection are weak, the threat of litigation is often enough to make small organizations back down. copyright law.

Public Domain 96

Public Domain Copyright Cease and Desist Publishing 96

IPilogue

AUGUST 26, 2022

They claimed that Meta, on its social media platforms, has stolen hundreds of their content. Influencer culture and, by extension, content creation on social media, has become increasingly prevalent in recent years. It is interesting that Meta has not taken precautions against such expensive litigation.

Copyright Infringement 104

Copyright Infringement Copyright Music Social Media 104

The IPKat

JUNE 21, 2022

In Chapter 4, Beatriz Conde Gallego debates whether owners of standard-essential patents (SEPs) must grant licences in “license to all” or “access to all” approaches. Giuseppe Mazziotti examines, in Chapter 8, the solutions to online music licensing, adopted by the EU.

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Intellectual Property Invention Social Media IP 127

Kluwer Copyright Blog

JULY 24, 2024

On the first, substantial litigation has already been launched concerning whether the data used to train these models requires payment or opt-in from creatives whose work has been ingested, often without consent. Is it a proper copyright ownership or an assigned license? If output works infringe copyright, who is responsible (e.g.

Copyright 135

Copyright Ownership Social Media Licensing 135

Technology & Marketing Law Blog

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

Technology & Marketing Law Blog

MARCH 21, 2022

First, this wasn’t a typical pro se suit; actual licensed lawyers were involved. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. Are Social Media Services “State Actors” or “Common Carriers”?

Social Media 145

Social Media Blogging Government Publishing 145

Copyright Lately

SEPTEMBER 29, 2024

A screenshot from the (now deleted) social media video at the center of the controversy. Effect on the market : Atari alleged that it has an active licensing business extending its brand into advertising, merchandising, and other areas. Social media doing what it does best.

Fair Use 109

Fair Use Copyright Artwork Social Media 109

Olartemoure Blog

MARCH 16, 2021

Create trademark alerts for your main brands, block them on Google, Twitter, Facebook, Instagram, and other social media. Request verification of your account from social media. Take advantage on this to request purchasing licenses. Authorities are always curious about your products.

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Cease and Desist Social Media Copying Branding 98

Technology & Marketing Law Blog

MARCH 25, 2024

If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. Anti-SLAPP laws are a crucial bulwark against such abuses, especially by billionaires who embrace Pyrrhic litigation with the goal of draining their opponents’ bank accounts. We need more of that.

Litigation 105

Litigation Contracts Advertising Advertising 105

Technology & Marketing Law Blog

MARCH 10, 2022

Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. Moore, Find Out Who Your Friends Are: A Framework for Determining Whether Employees’ Social Media Followers Follow Them to A New Job, 39 CAMPBELL L. See generally, Christopher A.

Social Media 98

Social Media Contracts Ownership Business 98

The IPKat

AUGUST 11, 2021

IPKat readers interested in copyright are well aware of how, over the past several years, the right of communication to the public has gained a top spot in litigation and case law. Pinterest allows users to upload images (“pins”) and share them with other users. Background In the Hamburg case (case No. 3(1) of the Copyright Directive ).

Copyright Infringement 145

Copyright Infringement Copyright Due Diligence Social Media 145

Technology & Marketing Law Blog

MARCH 3, 2022

When the alleged infringement involves a chunk that could qualify for copyright protection on a standalone basis, those courts usually consider the standalone licensing market for that chunk and say the purported marketing activity still requires a license. Implications.

Fair Use 116

Fair Use Marketing Marketing Litigation 116

43(B)log

MARCH 1, 2022

Bell allegedly offers licenses for its use. Anyway, Bell goes around suing unauthorized users of the passage, mostly public schools or nonprofits that publish the passage on social media. The passage is “separately copyrighted,” by which I take it the court means “separately registered.” But that’s not plausible.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

Technology & Marketing Law Blog

JANUARY 25, 2023

Implications This is surely not the last word on the subject because Shah litigated pro se. For a more convincing ruling, we need to see how a well-trained copyright litigator navigates this legal issue. Still, its implications are wide-ranging. This case covers similar ground as the uncited Hubay v.

Copyright 124

Copyright Fair Use Licensing Ownership 124

The IP Law Blog

NOVEMBER 12, 2021

This was announced without acquiring the IP from the roller derby team and without securing any sort of coexistence agreement or license. It also has a reasonable argument that consumers may ultimately be confused when they are deciding to visit one of the team’s websites or looking to tag one of the teams on social media.

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Trademark Social Media IP Intellectual Property 98

Technology & Marketing Law Blog

DECEMBER 27, 2022

2, 2022): Nor does personal jurisdiction arise out of the Film Defendants’ so-called “advertising strategy,” which allegedly “featured a significant push on social media[ ] targeting Washington, DC residents via Instagram and Facebook.” targeted social media advertising. Parker, 2022 WL 17403220 (D.D.C.

Privacy 116

Privacy Marketing Marketing Social Media 116

Technology & Marketing Law Blog

JUNE 5, 2024

First, Voyager Labs allegedly created “thousands of fake accounts to scrape, then sell, platform users’ social media data.” — I suspect we’re entering an era of nuance when it comes to web-scraping litigation. a UK-based surveillance company. — The opinion was short and focused on a few key facts.

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Blogging Social Media Contracts Technology 97

Copyright Lately

FEBRUARY 17, 2025

The court recognized that artists routinely create rough versions of new works before seeking licenses, and that restricting this practice would limit creativity and stifle innovation in the music industry. He also questioned whether Thomson Reuters would actually use or license its data for AI training. Ross Intelligence, Inc.

Fair Use 69

Fair Use Copying Public Domain Copyright 69

Technology & Marketing Law Blog

JULY 30, 2024

This case also highlights the stakes of the individualized explanations requirement in the TX and FL social media censorship laws if those survive constitutional scrutiny. (We don’t know if this is a false positive, but obviously the user claims it is and cares enough to take it to court).

Social Media 107

Social Media Contracts Blogging Litigation 107

The IP Law Blog

AUGUST 4, 2022

“Embedding” means the process of copying unique HTML code assigned to the location of a digital copy of the photo or video published to the Internet, and the insertion of that code into a target webpage or social media post so that photo or video is linked for display within the target post.

Copyright Infringement 98

Copyright Infringement Social Media Licensing Publishing 98

Technology & Marketing Law Blog

FEBRUARY 27, 2022

Knowing well that litigation in the Northern District of Texas is not in its best interests, TPG filed a declaratory judgment in Delaware hoping to take advantage of the first-to-file rule. With all that, the first battle in this litigation will be the question of where to litigate it. Power Ventures, Inc. Facebook v.

Cease and Desist 124

Cease and Desist Blogging Contracts Social Media 124

Technology & Marketing Law Blog

JUNE 7, 2022

” * In re: Marriott International Customer Data Security Breach Litig., ” * In re Waste Management Data Breach Litigation, 2022 WL 561734 (SDNY Feb. The same rule applies to communications in-person or by letter, email, or telephone, or through social media, such as Facebook. 2022 WL 822925 (D. Gershfeld v.

Privacy 122

Privacy Social Media Litigation Business 122

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. Diebold from 2004, which led to a $125k damages award.

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Registration Fair Use Copyright Designs 132

IP Close Up

JANUARY 11, 2022

In the decade since the adoption of the America Invents Act (AIA) patent licensing has become more arduous for many technology companies and independent inventors. Continue reading.

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Inventor Patent Licensing Invention 120

The IP Law Blog

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. Take Two had good reason to believe in its implied license defense.

Fair Use 98

Fair Use Copyright Licensing Copying 98

Technology & Marketing Law Blog

AUGUST 29, 2022

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. Wouldn’t It Be Great if Internet Services Had To License Technologies Selected by Hollywood?

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Editing Social Media Blogging Advertising 98

SpicyIP

AUGUST 4, 2024

Other Posts DHC strikes the Right Chord Clarifying that a Pending Compulsory License Application Will Not Justify Allegedly Infringing Activity to Continue In a big relief for PPL, the DHC by two back to back orders clarified that a pending compulsory license application will not justify unauthorised use of sound recordings.

Social Media 105

Social Media Trademark Licensing Music 105

SpicyIP

JANUARY 6, 2025

Here is our recap of last weeks top IP developments including summaries of the posts on Indias Top IP Developments in 2024, a potential trade secret litigation at the Delhi HC and Screenwriters Rights Association of Indias registration as Copyright Society. This and a lot more in this weeks SpicyIP Weekly Review.

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IP Confidentiality Registration Copyright 59

IP and Legal Filings

DECEMBER 17, 2023

Image Sources: Shutterstock] The earliest examples of unsolicited sharing of works without proper licensing pertains to the development of Napster in the early 21 st century. obtained without express due permission from the license holder). They believe in subscription-based music sales that don’t include direct (i.e.,

Copyright Law 96

Copyright Law Copyright Music Law 96