TorrentFreak

MARCH 6, 2024

Many of the large social media platforms stick to these rules but, according to a lawsuit filed by several prominent music companies last year, X is not among them. “It does not appear to be disputed, in this litigation, that X/Twitter users sometimes engage in copyright infringement.

Music 92

Music Copyright Infringement Social Media Copyright 92

43(B)log

SEPTEMBER 15, 2021

They alleged that defendants copied the program and infringed the patent, as well as engaged in a smear campaign against plaintiffs in an effort to steal market share in the pediatric orthopedic industry. I’m only going to discuss the false advertising aspects.

Advertising 59

Advertising Advertising Social Media False Advertising 59

Technology & Marketing Law Blog

JUNE 27, 2023

Copying-in-Fact. If a plaintiff can’t show mechanical copying through direct evidence, it can establish copying inferentially by showing that the defendant had access to the copyrighted work and that it’s improbable the works’ similarities were due to the defendant’s independent creation.

Copyright 95

Copyright Artwork Copying Social Media 95

43(B)log

MARCH 1, 2022

Anyway, Bell goes around suing unauthorized users of the passage, mostly public schools or nonprofits that publish the passage on social media. If that were all, copying the WIN Passage would be qualitatively significant. Not for nothing, the Second Circuit has wisely rejected assessing factor three by counting registrations.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

LexBlog IP

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 52

Copyright Infringement Copyright Social Media Fair Use 52

Michael Geist

APRIL 14, 2023

Using the Access to Information Act, I have now obtained a copy of the government’s internal estimates for the economic and production impact of Bill C-11 ( methodology , memorandum , PPT ), which confirm many of my suspicions.

Government 88

Government Social Media Television Ownership 88

LexBlog IP

OCTOBER 30, 2021

Copyright disputes do not need to escalate into costly and time-consuming litigation. This includes, for example, someone copying, performing, publishing, recording, selling, or distributing your copyrighted work on the internet without your permission. Social Media Complaints and Takedown Policies. Litigation.

Copyright Infringement 52

Copyright Infringement Cease and Desist Copyright Social Media 52

Copyright Lately

DECEMBER 29, 2021

This is actually the second year in a row that long-running copyright litigation involving Pirates of the Caribbean has made my “worst of” list. Judge Rakoff held that the fact that Sinclair didn’t actually possess a copy of Nicklen’s video didn’t mean that Sinclair wasn’t responsible for displaying it. Walt Disney Company.

Copyright 113

Copyright Fair Use Social Media Copying 113

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. Amazon.com, Inc.

Copyright Infringement 98

Copyright Infringement Social Media Licensing Publishing 98

Technology & Marketing Law Blog

DECEMBER 2, 2021

Earlier this year, the Texas legislature enacted HB 20 , a blatant attempt to censor social media service. The opinion emphatically slices through the FUD that’s been generated by pro-censorial forces questioning whether social media services exercise editorial discretion. The Opinion. ” [cite to USTA v.

Social Media 98

Social Media Law Blogging Publishing 98

TorrentFreak

MARCH 4, 2024

“This damages award is a fraction of what it could be if this case were litigated and the full scope of Defendants’ infringement revealed,” the publishers note. Since this amount represents just a small subset of all infringements, the request is reasonable, the publishers note.

Publishing 99

Publishing Social Media Copyright Infringement Copyright 99

43(B)log

DECEMBER 7, 2023

One of the individual defendants is “a social media personality and model who became well-known for her photos and videos, and who has also started an agency to provide management services to other models and influencers.” Bartlett was upset by the use of her image to endorse a company with whom she was also engaged in litigation.”

Web Development 59

Web Development Social Media Copying Copyright 59

The IP Law Blog

OCTOBER 13, 2022

Alexander testified that she declined the offer and advised WWE that she did not grant it any permission to copy, duplicate, or otherwise reproduce any of her designs. Counsel for Alexander is quoted as saying that Alexander’s win at the trial court could “open the floodgates of litigation) and I think I agree with him.

Fair Use 98

Fair Use Copyright Licensing Copying 98

LexBlog IP

MARCH 27, 2023

The second notice included a copy of the first page of the complaint filed against HBL and also threatened suit against any company using or reselling HBL’s Magnetic Cord and Magnetic Clip string light products. before full claim-construction proceedings and/or expert reports). .”

Patent 52

Patent Social Media Patent Infringement Litigation 52

43(B)log

APRIL 18, 2023

Plus, they hadn’t removed existing false advertising from their social media accounts. Defendants assert that “[i]t is impossible for VPX to review and eliminate all of the hundreds of thousands archived and historical social media posts that may include an image of the legacy [BANG] can or logo.”

False Advertising 72

False Advertising Advertising Advertising Social Media 72

TorrentFreak

NOVEMBER 1, 2022

Ironically, Yout then amplified that message by seeking out news coverage of this litigation,” the RIAA notes. Yout’s operator then posted these headlines on social media to promote his service, the RIAA claims. — A copy of RIAA’s motion for attorneys’ fees is available here (pdf).

Music 116

Music Social Media Technology Copying 116

Copyright Lately

MAY 27, 2021

In a nutshell, the lawsuit alleges that the social media app induced and contributed to “widespread copyright infringement” by allowing third parties to embed photos from public Instagram feeds onto their own websites. A copy of the complaint is below. Do the plaintiffs have a case? View Fullscreen.

Copyright Infringement 71

Copyright Infringement Social Media Copying Copyright 71

IPilogue

JANUARY 11, 2023

IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation.

Journalism 80

Journalism Privacy Contracts IP 80

IPilogue

OCTOBER 28, 2021

In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. For example, Fashion Nova is routinely sued for copying iconic fashion designs, even being sued by Versace over the iconic Jennifer Lopez dress. DIY Tricks?

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. I’m keeping my fingers crossed this anomaly gets fixed somewhere in this litigation. I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry , Knapke v. Copyright Preemption.

Advertising 97

Advertising Advertising Social Media Blogging 97

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. Lllllllet’s get ready to litigate!

Fair Use 86

Fair Use Licensing Ownership Copying 86

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. This makes the scenario very similar to the Renckhoff case, where a re-post occurred after the file was copied to another server.

Copyright Infringement 145

Copyright Infringement Copyright Due Diligence Social Media 145

IP Tech Blog

MARCH 28, 2023

A federal district court in New York held that the Internet Archive’s Open Library project was engaging in copyright infringement by publishing digital copies of millions of books online. And, in any event, such evidence could not overcome the wholesale copying that the court ruled was not transformative.

Fair Use 57

Fair Use Copying Publishing Copyright Infringement 57

Kluwer Copyright Blog

FEBRUARY 2, 2023

Litigation against generative AI started in 2022 with a class action launched against Copilot , an AI trained to generate computer code using examples from Github. A journalist used Midjourney to illustrate an article in The Atlantic and was attacked on social media for not hiring an illustrator.

Copyright 145

Copyright Art Fair Use Registration 145

43(B)log

AUGUST 17, 2021

Facts in the light most favorable to the plaintiffs: Each of the plaintiffs has a significant number of followers on various social media platforms, ranging from greater than ten thousand to several million, and most are “considered social media influencers.” Plaintiffs didn’t show sufficient evidence of recognition.

Social Media 59

Social Media False Advertising Advertising Advertising 59

Indiana Intellectual Property Law

AUGUST 4, 2021

Per the Complaint, Crepini’s new packaging has created actual consumer confusion based on social media comments indicating Egglife products can be purchased at Costco, when in fact, Crepini’s “egg wraps” are sold in Costco stores. 1125(a).

Social Media 52

Social Media Branding Brands Branding 52

Garrigues Blog

OCTOBER 19, 2021

weigh up and anticipate what a litigation case entails in the big picture and in light of your business. Successful products and services are likely to have their trademarks copied. Therefore, before emabarking on any enforcement action, you need to gather as much information as possible on the entity copying your trademark(s).

Trademark 59

Trademark Cease and Desist Registration Litigation 59

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Note that Florida’s social media censorship law has relevance to the lost data question, because it says services must “allow a user who has been deplatformed to access or retrieve all of the user’s information, content, material, and data for at least 60 days.” Bonne chance.”).

Contracts 98

Contracts Social Media Advertising Advertising 98

LexBlog IP

OCTOBER 13, 2022

Alexander testified that she declined the offer and advised WWE that she did not grant it any permission to copy, duplicate, or otherwise reproduce any of her designs. Counsel for Alexander is quoted as saying that Alexander’s win at the trial court could “open the floodgates of litigation) and I think I agree with him.

Fair Use 52

Fair Use Copyright Licensing Copying 52

IP Tech Blog

JULY 18, 2023

At least one judge has defined the boundaries for litigants appearing in his court. Getty alleges that Stability’s image generator, with its uncanny ability to turn text into images, copied millions of photographs from Getty Images’ collection without permission from or compensation to Getty Images.

Business 52

Business Law Social Media Reporting 52

43(B)log

JANUARY 19, 2022

Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets. Though I’ll detail the advertising-based claims below, I will also note that the court did dismiss claims based on Facebook’s “Copy, Acquire, Kill” strategy as untimely.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

Copyright Lately

MAY 22, 2023

A lot of ink has been spilled ( mine included, if you need a refresher ) on litigation that ultimately boiled down to whether it was fair use for AWF to license the right to publish Warhol’s artwork based on Goldsmith’s Prince photo. Goldsmith. Put another way, it ain’t what you do, it’s the way that you do it.

Fair Use 91

Fair Use Licensing Copying Artwork 91

LexBlog IP

APRIL 19, 2023

A new track by Drake and The Weeknd is going viral on social media and is bound to top the charts. There is nothing “copied” by the AI models and therefore no copyright to infringe. The song has been hailed as the “banger of the weekend” and was viewed more than 8.5 million times on TikTok.

Music 52

Music Privacy Social Media Copyright 52

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! So what did it win?

Registration 117

Registration Fair Use Copyright Designs 117

43(B)log

OCTOBER 8, 2021

image from complaint EK toy and comparison to EK EK Daredevil Stunt Set 70s TV ad (I love that the plaintiffs grabbed it off social media) Toy Story 4 featured a new character, Duke Caboom, who rides a Canadian-flag-colored motorcycle and dresses in a white jumpsuit, helmet, and cape with Canadian insignia.

Advertising 59

Advertising Advertising Social Media Licensing 59

43(B)log

JUNE 30, 2023

His view: some recommender systems should be prohibited AI, if social media use is addictive. Senftleben: use of collecting societies/levies can be a better regulatory answer than a cascade of opt-out and then a transparency rule to control whether opt-out is honored and then litigation on whether it’s sufficiently explained.

Law 60

Law Licensing Social Media Copying 60

LexBlog IP

DECEMBER 3, 2021

Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Nearly every mainstream marketplace and social media platform has Acceptable Use Policies, which provide procedures for reporting intellectual property infringements.

Branding 52

Branding Brands Branding Intellectual Property 52