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. That $3,750 works out to a measly $71 for each month the case has been pending.

Fair Use 80

Fair Use Designs Design Licensing 80

JIPEL Copyright Blog

MARCH 21, 2022

Players rallied against Nintendo’s actions, causing #FreeMelee to trend across social media and throughout the gaming world. ROMs which are possessed or distributed without the copyright holders’ permission likely violate copyright law in various ways. tournament circuit beginning in 2022.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

Copyright Lately

MAY 1, 2023

First of all, in terms of copyright, to reiterate our very clearly articulated position. sophisticated generative AI that’s enabled by large language models, which trains on our intellectual property, violates copyright law in several ways. copyright law really doesn’t seem to give UMG a ton of options.

Music 85

Music Copyright Copying Copyright Law 85

JIPL Online

NOVEMBER 1, 2021

Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] 11] Physical mods of game hardware are considered derivative. [12]

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

Technology & Marketing Law Blog

AUGUST 1, 2023

How are photographers supposed to get the attention of those publishers without displaying samples of their work? In other words, the gist of the case is whether the photographers surrender their right to exclude others by voluntarily posting their own photos to social media. 3d at 1160. 3d at 1168.)

Blogging 96

Blogging Copying Social Media Copyright 96

IP Tech Blog

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. 277 (2020). [iv] iv] Maxwell L.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

LexBlog IP

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Copyright Lately

OCTOBER 25, 2021

The judge rejected BMG’s fair use defense, holding that the defendants took more elements from the “Nightmare on Elm” street films than they needed to accomplish any parodic purpose. Bottom line is that the masks were equally freaky, but not substantially similar as a matter of copyright law.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144