SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

Licensing 105

Licensing Litigation Technology Patent 105

Kluwer Copyright Blog

APRIL 8, 2024

Copy-reliant technologies have banked heavily on that principle over recent years and it wouldn’t be a stretch to say that the principle of non-expressive use has become the legal foundation of how the internet essentially works. Litigation against these models has piled up at the same breakneck speed as they have gained ground.

Fair Use 111

Fair Use Copyright Copying Technology 111

Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. Philpot claims his standard photo licensing fee is $3,500, but reuses of the photo from Wikipedia Commons didn’t require any payment (just attribution). ” Market Effect.

Fair Use 89

Fair Use Licensing Copyright Marketing 89

Velocity of Content

MAY 1, 2024

29 town hall, The Heart of the Matter: Copyright, AI Training and LLMs, presented a comprehensive case that AI systems do infringe copyrights and called for a licensing system to compensate content owners. Thus, it can be said that they have made complete and exact copies of everything they have ingested.

Fair Use 52

Fair Use Copying Licensing Copyright 52

Plagiarism Today

OCTOBER 26, 2021

If the costume isn’t licensed, why is it not infringing regardless of the name change? This means, theoretically, that elements such as the Superman “S” can be protected by copyright because they are separate elements that are merely copied onto the clothing. This isn’t to say there’s been no litigation in this area.

Trademark 241

Trademark Copyright Cease and Desist Copying 241

Technology & Marketing Law Blog

APRIL 6, 2022

The “Platform Policy” appears to grant a broad license to users of the API. As the court notes in a footnote, Instagram has changed its policy since the onset of the litigation. The current terms make clear that platform API users are not automatically granted a license and must independently secure rights in any content they embed.

Licensing 115

Licensing Fair Use Blogging Copyright 115

IP Tech Blog

FEBRUARY 15, 2023

While many see China’s AI policies as a cover to curb freedoms and control society, the reality is that China is an active AI developer in a thriving market for AI applications in both the trade and industrial sectors. licensing, assignment, JVs, cooperation and co-development etc.) China is at the forefront of the AI development race.

Intellectual Property 113

Intellectual Property Due Diligence Ownership IP 113

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 96

Blogging Copying Social Media Copyright 96

Technology & Marketing Law Blog

JANUARY 12, 2024

The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases. The Ninth Circuit fixes that obvious error, saying the chattel in question “are the copies of Plaintiffs’ websites.” The “copies” in question are not copies in the abstract sense.

Copying 75

Copying Ownership Derivative Work Contracts 75

43(B)log

MARCH 1, 2022

Bell continues to market his 1982 72-page book, and also sells merchandise, “including t-shirts and posters that display the passage that was quoted in the tweets.” Bell allegedly offers licenses for its use. If that were all, copying the WIN Passage would be qualitatively significant. Effect on the market: Harm was implausible.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

Technology & Marketing Law Blog

SEPTEMBER 5, 2023

Is it possible that he didn’t keep copies of his own videos? Or was this just a ploy to find any tenable legal theory against YouTube so it could be exploited in future litigation? YouTube appeared first on Technology & Marketing Law Blog. Or did he want the users’ comments for some reason? Google LLC , No.

Copying 89

Copying Blogging Litigation Marketing 89

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 96

Blogging Contracts Cease and Desist Social Media 96

Patently-O

MARCH 31, 2024

Role of Jury Instructions and Objective Indicia In American civil litigation, jury instructions are the set of legal rules and guidelines provided to the jury by the trial judge before the jury begins deliberations. In contrast, commercial success and long-felt need may depend more on post-introduction market reactions over a longer period.

Invention 58

Invention Copying Licensing Art 58

Technology & Marketing Law Blog

JUNE 20, 2023

Similarly, when an artist lawfully creates a derivative work based on a photograph, and copies of that derivative work are reproduced and distributed to the public, ordinarily the owner of copyright in the photograph and the owner of copyright in the derivative work are entitled to royalties. . Figure 1, Slip op.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

TorrentFreak

JUNE 14, 2022

Two Years of Litigation, Both Parties Request Summary Judgment. Koeltl at the District Court for the Southern District of New York, the plaintiffs say that as leading publishers of tens of thousands of books, they already issue licensed ebook editions to libraries. In a June 10 letter to Judge John G.

Publishing 112

Publishing Fair Use Copying Editing 112

Technology & Marketing Law Blog

AUGUST 31, 2021

” Factor four : The court acknowledges that a market exists for plaintiff’s photos, but the transformative nature of defendant’s use “mutes” the degree of market substitution. Factor three : The entirety of the work was copied. Philpot is a serial litigant. McGucken is appealing the ruling against him.

Fair Use 130

Fair Use Journalism Licensing Marketing 130

IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No. Unbeknownst to Ms.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

Copyright Lately

MAY 22, 2023

In a 7-2 decision , the Court ruled that the commercial licensing of Andy Warhol’s “Orange Prince” to Condé Nast to illustrate a story about the late musician shared “substantially the same purpose” as the original Lynn Goldsmith photo from which Warhol’s silkscreen was derived, and therefore weighed against fair use. Goldsmith.

Fair Use 91

Fair Use Licensing Copying Artwork 91

43(B)log

FEBRUARY 4, 2023

Does the status of that work or copy limited subsequent uses of it or transactions about it? Fair use justified by project: multiple copies for classroom use, time shifting vidos, visual search thumbnails, full text search engine, intermediate copying for reverse engineering. Fair use and first sale: in tension?

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

LexBlog IP

DECEMBER 15, 2021

Copyright Office and you find someone has infringed your copyright by copying substantial portions of your book. Let’s further suppose that you cannot prove that the infringement caused you lost sales, lost opportunities to license, or diminution in the value of the copyright. The answer to all these questions is YES!

Copyright Infringement 52

Copyright Infringement Copyright Licensing Registration 52

Technology & Marketing Law Blog

AUGUST 30, 2023

“Nursing CE Central” is a descriptive mark with “a weak secondary meaning… the plaintiff makes no meaningful showing that the public, or even those in the market in which it competes, readily recognizes its name.” The litigants directly compete. ” Marketing channel. ” Relatedness of goods.

Advertising 86

Advertising Advertising False Advertising Trademark 86

IP and Legal Filings

JANUARY 8, 2023

modification, and other forms of copying of the work fall under this category. Contingent liabilities, or funds saved in case of a potential litigation, may result from infringement instances. Through a licensing agreement, they can give consent for other parties to utilize their creations. Image Sources : Shutterstock].

Copyright 75

Copyright Copyright Infringement Music Copying 75

IPilogue

OCTOBER 18, 2022

After a test copy of New Genesis was leaked online, WOTC took issue with development company TSR LLC’s use of their IP rights in the game. The context surrounding the litigation shows that protecting business interests is not trademark law’s sole function. . We will be following the outcome of this dispute as litigation continues.

Trademark 101

Trademark Trademark Law Intellectual Property Law Publishing 101

The IP Law Blog

MARCH 2, 2023

According to Getty Images, Stability copied Getty’s photographs with associated text and metadata to train its Stable Diffusion model, which uses AI to generate computer-synthesized images in response to text prompts. Getty Images generates revenue by licensing the right to use its assets to businesses and consumers.

Copyright Infringement 104

Copyright Infringement Copyright Fair Use Technology 104

Kluwer Copyright Blog

AUGUST 22, 2023

We are interested in exploring whether in the EU Arts 3 and 4 of the Copyright in the Digital Single Market Directive (CDSMD) played a role in shaping the contractual practices in selected industry sectors in relation to the licensing of works as training data. In this fragmented landscape, self-regulation (e.g., Pexels and Pixabay).

Publishing 98

Publishing Art Licensing Copying 98

43(B)log

OCTOBER 13, 2021

The use of the song itself in the video was “best described as a wholesale copying of music to accompany a political campaign ad.” Really sad that GvO didn’t address this—there seems to me no chance that the current textualist Court would accept this conflation of a factor one consideration with factor four’s market inquiry.]

Fair Use 83

Fair Use Music Marketing Marketing 83

Copyright Lately

SEPTEMBER 26, 2022

After over four years of litigation and five COVID-related continuances, it’s finally time for the main event. As the parties wait in their respective corners for the opening bell to ring, here’s what you need to know: Alexander Has Already Established Ownership and Copying. Implied License and Fair Use Are the Key Remaining Defenses.

Fair Use 86

Fair Use Licensing Ownership Copying 86

Olartemoure Blog

MARCH 16, 2021

Some may say you are telling counterfeiters how to better copy your brand, but the truth is most Colombian consumers don’t want to be caught by friends using counterfeits. Many cases remain under the radar if you do not have local counsel helping you know the market. Take advantage on this to request purchasing licenses.

Cease and Desist 98

Cease and Desist Social Media Copying Branding 98

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market. Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. This means that no one else can copy or distribute their creations without permission.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No. ” Unbeknownst to Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

IPilogue

SEPTEMBER 29, 2021

The series was originally commissioned by Vanity Fair after it bought the license of the photo portrait from Goldsmith. The appellate court’s decision partly considered Goldsmith’s weakened ability to license and profit from her work used by the Warhol series. The implication of the result will be far-reaching.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

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. This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. A New 512(f) Plaintiff Win! assertions.

Registration 112

Registration Fair Use Copyright Designs 112

43(B)log

AUGUST 3, 2023

Musicologists in litigation: (1) identify formal similarities—instrumentation, chord progression; (2) opine on how aesthetically similar/significant those similarities are; (3) opine about the rarity of similar features; (4) opine that copying did or didn’t occur. Musicology articles talk about copying all the time.

Music 52

Music Art Copying Licensing 52

43(B)log

AUGUST 3, 2023

Harper & Row gets litigated as a First Amendment/free press case by Floyd Abrams; Court relies on Nimmer. Court chose to rule quite narrowly in part b/c of concessions during litigation. It participates in the same conventionalized market. A: b/c it’s not a substitute—it appeals to a different market.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

The IPKat

OCTOBER 7, 2021

Merpel wonders where we are headed on the FRAND licensing level debate, and who is in the driver's seat? SEP Litigation Demonstrates Licensing Component Suppliers Would Increase Efficiency Some SEP owners have argued against licensing component suppliers under the pretext that it is more efficient to license end users.

Licensing 57

Licensing Litigation Technology Patent 57

BYU Copyright Blog

SEPTEMBER 12, 2022

This dispute concerned an image shared under a Creative Commons license, which was allegedly used by the law firm Meyer, Suozzi, English & Klein, P.C. the "Plaintiff") in an article it produced without complying with the attribution requirements of the license. Higbee et alWe previously reported on this case here.

Settlement 52

Settlement Licensing Publishing Reporting 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves?

Copyright 120

Copyright Blogging Publishing Fair Use 120