2018 Copyright Infringement Fair Use Social Media 
LexBlog IP
JULY 7, 2023
A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.
Copyright Lately
DECEMBER 29, 2021
Last year, it was the Ninth Circuit’s reversal of a pleading-stage dismissal by Central District of California Judge Consuelo Marshall, which (correctly in my view) found that similarities in stock and unprotectable pirate genre elements such as battles at gunpoint and jewel-filled caves couldn’t support a viable copyright infringement claim.
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JIPL Online
APRIL 9, 2021
In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale. 277 (2020). [iv]
Technology & Marketing Law Blog
JANUARY 27, 2022
First, governments can never successfully operate a social media service. Of course, mobs, riots, rebellions, pogroms, lynchings, and other coordinated killings have taken place throughout human history, well before social media existed. social media has played an outsized role in finding and prosecuting the insurrection.
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. What Happened. Oracle , should have been decided by the trial judge.
Technology & Marketing Law Blog
DECEMBER 15, 2021
The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. The wranglings caused the registrant’s sticker to be removed from Amazon for a total of 44 days in 2018 across several different incidents.
Technology & Marketing Law Blog
MAY 30, 2022
Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? The court then moves on to consider Viacom’s copyright infringement claim.
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