LexBlog IP

OCTOBER 30, 2021

Fortunately, copyright law prohibits the unauthorized reproduction of a work. Copyright disputes do not need to escalate into costly and time-consuming litigation. There are a number of options, explored below, for copyright owners to quickly and effectively address online infringement. Litigation.

Copyright Infringement 52

Copyright Infringement Cease and Desist Copyright Social Media 52

Velocity of Content

JULY 22, 2021

In my first post , after touching on the need/wisdom of copyright registration for bloggers (and other creators whose distribution is primarily through social media sites), I went on to discuss the DMCA and how it is a useful first-line-of-defense bit of IP protection for content first appearing on such sites.

Copyright 98

Copyright Social Media Registration Blogging 98

Technology & Marketing Law Blog

JUNE 27, 2023

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. VINDICATED!!! Case citation : Morford v.

Copyright 94

Copyright Artwork Copying Social Media 94

The IP Law Blog

NOVEMBER 12, 2021

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. Although both sides have persuasive arguments, I’m almost certain we won’t see what a trier of fact thinks of the dispute.

Trademark 98

Trademark Social Media IP Intellectual Property 98

Technology & Marketing Law Blog

AUGUST 1, 2023

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. The vast majority of people who post to social media want their posts to be embedded and made available to others.

Blogging 97

Blogging Copying Social Media Copyright 97

IIPRD

OCTOBER 28, 2023

Bregoli instantly became an internet meme worldwide, and her catchphrase gained much media attention, getting her worldwide recognition as the “Catch me outside girl.” This reportedly led her to secure appearances worth $30,000, and widening her social media presence. [i] are generally not protected by copyright law.

Copyright Law 59

Copyright Law Branding Brands Branding 59

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

TorrentFreak

MAY 16, 2022

Neither does the group chase down people who share its music in a friendly way on social media or file-sharing networks. However, if critics (so-called ‘apostates’) use Watch Tower copyrighted content to challenge its authority or practices, bad things can follow. And then things got dark. Really, really dark.

Fair Use 124

Fair Use Copyright Litigation Music 124

Kluwer Copyright Blog

FEBRUARY 2, 2023

We will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.” Registration was refused in August 2019, in line with previous US case law and guidance. We were not aware that the image may have been created by AI” 2.

Copyright 145

Copyright Art Fair Use Registration 145

Velocity of Content

JUNE 16, 2022

It is now therefore part of US copyright law, Title 17. What is the practical effect of these revisions to US copyright law? In the age of social media, perhaps even BigCorps (or, simply, UnScrupleCorps) don’t want to be tagged as # copyrightscofflaws for all to see. I grant those are possibilities.

Law 52

Law Social Media Intellectual Property Law Copyright 52

Copyright Lately

DECEMBER 29, 2021

Here are my personal picks for the copyright opinions from 2021 that, much like the year itself, leave a little something to be desired. 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. Walt Disney Company.

Copyright 113

Copyright Fair Use Social Media Copying 113

SpicyIP

AUGUST 22, 2021

Writing this post in the context of PV Sindhu’s success at the Tokyo Olympics and how that has spurred companies who do not sponsor her to put up congratulatory messages on social media with their brand logos and while using her images, Satchit analyses the discourse on the right to publicity surrounding the issue.

Personality Rights 119

Personality Rights Reporting Social Media Branding 119

The IP Law Blog

JUNE 3, 2021

We recently wrote about a case in the Southern District of New York against Mashable relating to the embedding of content from social media platforms like Instagram.

Social Media 59

Social Media Copyright Infringement Advertising Advertising 59

IPilogue

OCTOBER 28, 2021

Copyright Creeping into Costumes. In general, any clothing, including costumes, is not protected by copyright laws. 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. Copyright Office.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Copyright Lately

MARCH 16, 2023

The court’s March 14 ruling (read here) rejected the defendants’ assertion that copyright terminations served by Bono’s heirs effectively preempted Cher’s state law contract rights. At this rate, the Cher-Bono litigation may end up lasting longer than the couple’s marriage.

Copyright 77

Copyright Music Contracts Settlement 77

Michael Geist

JUNE 17, 2021

I should caution that the solution is not to expand the scope of the bill by covering hyperlinks, which would run counter not only to established law, but create a risk to freedom of expression by limiting the ability to cite to other works. Fourth, the Copyright Board is known for many things, but speed of process is not one of them.

Copyright 65

Copyright Journalism Social Media Government 65

Biswajit Sarkar Copyright Blog

MAY 30, 2022

Jack Dorsey, the CEO of famous social media platform twitter sold an NFT of his first tweet for $2.5 For instance, a seller could offer to turn the token into an actual transfer of copyright ownership of the original work. This technological breakthrough has taken the art and tech world by storm.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

Biswajit Sarkar Copyright Blog

MAY 30, 2022

Jack Dorsey, the CEO of famous social media platform twitter sold an NFT of his first tweet for $2.5 For instance, a seller could offer to turn the token into an actual transfer of copyright ownership of the original work. The post Non-Fungible Tokens (NFT) and Copyright appeared first on Biswajit Sarkar Blog.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

Traverse Legal Blog

APRIL 6, 2021

If you face an Internet law issue, cyber law complaint, website, or e-commerce issue, we have an Internet lawyer ready to help. There are web hosting companies, affiliate marketers, e-commerce agreements, clickwrap agreements, and social media defamation. My name is Internet Law Attorney Enrico Shaefer.

Copyright Infringement 75

Copyright Infringement Artwork Copyright Law Business 75

The IP Law Blog

AUGUST 4, 2022

In this episode of The Briefing by the IP Law Blog , Weintraub attorneys Scott Hervey and Josh Escovedo discuss the impact of Alexis Hunley, et al v. Instagram, LLC on copyright law, and specifically on the Server Test. Watch the video here: Listen to the podcast of this episode on the platform of your choice, here.

Copyright Law 52

Copyright Law Blogging Copyright IP 52

IP and Legal Filings

JANUARY 13, 2023

There are several possible reasons why a de minimis litigation is still pursued. DE MINIMIS IN COPYRIGHT LAW. Wilmot Storage Services [2] , the court laid down the scope and extent of de minimis while stating that it can be used in matter of copying of the copyrighted content instead of just a mere display of such work.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

The IP Law Blog

MARCH 12, 2021

We recently discussed a new trend in celebrity copyright litigation on our YouTube channel and podcast ( The Briefing on YouTube ). Specifically, we discussed celebrities taking a stand and defending copyright claims brought by photographers against celebrities who reposted photos on their social media accounts.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Litigation 52

IP and Legal Filings

DECEMBER 17, 2023

Historical lookback The amendment to the existing copyright law act of 1957 was carried out owing to the sensitization of issue of copyright management and revenue sharing structure that is fair and reasonable to all owners and writers of filmed and recorded works. [i] Magic Mantra Vision. [ii] Author: Harjas Gulati.

Copyright Law 68

Copyright Law Copyright Music Law 68

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

Copyright Lately

AUGUST 2, 2022

Frankly, if Barlow & Bear’s work doesn’t infringe Netflix’s exclusive right to create derivative works under copyright law, I’m not sure what would. Justice Ginsburg upheld the precise “wait and see” approach to copyright litigation adopted by Netflix: It is hardly incumbent on copyright owners.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. But when cases like Deadly Doll do end up in court, hopefully more litigants and judges will take the opportunity to explore the contours of 113(c).

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

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] Why Litigation Threats Do Not Match Realities of the Mod Community.

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

SpicyIP

DECEMBER 6, 2023

The court recorded that the principal question for determination is ‘whether the defendant’s conduct would constitute fair dealing or not under the provisions of the Copyright Act, 1957.’ Whether a Mural is Subject to the Copyright A ct? 52 which exempts certain acts from infringement of copyright.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

Copyright Lately

JULY 17, 2022

Unfortunately for Tammy, in 1984, one year before Jay created his elaborate estate plan, he assigned his song copyrights to “Jay Livingston Music,” a music publishing company owned by Travilyn. Copyright Termination and “Estate-Bumping” It’s not just Tammy. .” Que Sera, Sera, indeed.

Copyright 60

Copyright Music Social Media Publishing 60

Copyright Lately

OCTOBER 24, 2022

But if they appear on film without permission, even fleetingly, they could prompt a copyright infringement lawsuit. copyright law. Don’t upload preexisting reference images unless you own the copyright in those images. You can post a note in the comments section below or @copyrightlately on social media.

Artwork 88

Artwork Copyright Infringement Copyright Art 88

43(B)log

APRIL 7, 2023

YouTube is an OCSSP, but other than that much is unclear—are all different types of social media OCSSPs? The “good guy” theory of EU copyright law: court finds a way around liability for a good faith player, and a way for direct liability if there’s not. OCSSPs are a controversial category in itself.

Copyright Law 40

Copyright Law Law Copyright Art 40

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

TorrentFreak

OCTOBER 1, 2023

In our brave new world where millions of ordinary people are copyright holders of snaps they publish to social media or videos they upload to YouTube, awareness of copyright law is at an all-time high. Created by Ethan and Hila Klein, the channel has over 2.93 million subscribers and almost 1.2 billion views.

Fair Use 96

Fair Use Copyright Copying Copyright Infringement 96

Technology & Marketing Law Blog

JUNE 22, 2023

It simply converts a litigation battle over retaliation into a battle over whether the DJP violated the TOS. Further, unhappy DJPs will still claim that broad TOS provisions were selectively enforced against them due to the platform’s retaliatory intent, so even tricky TOS drafting won’t eliminate the litigation risk.]

Journalism 95

Journalism Social Media Publishing Government 95

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

OCTOBER 3, 2022

From a purely economic standpoint, Alexander’s case was the litigation equivalent of a tattoo fail. The fundamental problem with the court’s ruling and the resulting jury verdict is that it puts copyright law in a very uneasy tension with two other constitutional rights, the right to bodily autonomy and the First Amendment.

Fair Use 80

Fair Use Designs Design Licensing 80

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143