43(B)log

APRIL 26, 2023

Creager also alleged that IDT contacted vendors who sell Creager’s products and made defamatory statements; the one that seemed to have an impact was to third party LJD, claiming that Creager was using LJD’s name in “defamatory advertising against my company,” advising that LJD could be “tangled up in litigation.”

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

The IP Law Blog

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 122

Copyright Infringement Copyright Social Media Fair Use 122

IP Tech Blog

NOVEMBER 29, 2023

As a way to supplement her income, she put on a contest whereby her social media followers would buy gift certificates for future tattoos and would get to vote on one of several funny tattoos that would eventually be tattooed onto the artist’s husband. Netflix moved to dismiss the complaint on, among other grounds, fair use.

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

IP and Legal Filings

MARCH 5, 2024

For trademark owners, litigation was their main option. It gave them the ability to sue in court to stop infringement and recover damages for unapproved use of their marks. Trademark owners frequently used cease and desist letters to pressure infringers to stop using their marks without authorization before taking legal action.

Trademark 85

Trademark Social Media Advertising Advertising 85

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

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. Oracle was long billed as the Supreme Court’s “Copyright Case of the Century,” but the culmination of over ten years of litigation resulted in an opinion that’s largely unsatisfying.

Copyright 113

Copyright Fair Use Social Media Copying 113

The IP Law Blog

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. The District Court also found that the use was not fair use.

Fair Use 98

Fair Use Copyright Licensing Copying 98

Technology & Marketing Law Blog

APRIL 3, 2023

Professor Farley and I propose a trademark fair use defense that would apply to any informational or expressive use of language or designs claimed by another as a mark in connection with any goods or services. The expense of litigation may chill speech. Grimaldi , and later adopted and expanded by the Ninth Circuit.

Blogging 108

Blogging Trademark Fair Use Trademark Law 108

Copyright Lately

SEPTEMBER 26, 2022

In a first-of-its-kind copyright trial, a jury will decide whether tattoo artist Catherine Alexander can effectively control the use of Randy Orton’s likeness in video games. After over four years of litigation and five COVID-related continuances, it’s finally time for the main event. Lllllllet’s get ready to litigate!

Fair Use 86

Fair Use Licensing Ownership Copying 86

Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. Implications This is surely not the last word on the subject because Shah litigated pro se. Still, its implications are wide-ranging.

Copyright 124

Copyright Fair Use Licensing Ownership 124

Technology & Marketing Law Blog

AUGUST 29, 2022

How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws? Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v.

Editing 93

Editing Social Media Blogging Advertising 93

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. Devine Intervention Levels The Playing Field.

Fair Use 124

Fair Use Copyright Litigation Music 124

LexBlog IP

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. The District Court also found that the use was not fair use.

Fair Use 52

Fair Use Copyright Licensing Copying 52

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. It ramped up further in the first weeks of 2023 with a UK action by Getty Images against Stability AI and a class action against Stability AI and others in the US.

Copyright 145

Copyright Art Fair Use Registration 145

Copyright Lately

SEPTEMBER 12, 2022

In the alternative, Vila asserted that his reproduction of Deadly Doll’s copyrighted work in connection with the photograph of Shayk was protected by the fair use doctrine. 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

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. The court also credits the self-serving claim by the successor licensee that it considered fair use by comparing the works and evaluating if the works were being sold commercially or for other purposes. A New 512(f) Plaintiff Win!

Registration 117

Registration Fair Use Copyright Designs 117

Copyright Lately

AUGUST 2, 2022

While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. The Musical Parody ,” “The Unofficial Bridgerton Musical” isn’t the type of parody musical that courts have often found to be fair use under the Copyright Act.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

JIPEL Copyright Blog

MARCH 9, 2022

The museum industry, it would seem, is taking note of technology’s growing role in its operations, particularly in regards to visitor engagement and staying relevant in a social media-driven society where declining visitation rates have only been exacerbated by the ongoing pandemic.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

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

Technology & Marketing Law Blog

MARCH 3, 2022

The school moved to dismiss on fair use grounds, and the district court granted the motion and awarded attorneys’ fees to the school. (I Bell appealed to the Fifth Circuit, which easily affirms the fair use dismissal and attorneys’ fees. Nature of the Use. ” Bell sued anyways. Nature of the Work.

Fair Use 101

Fair Use Litigation Marketing Marketing 101

Copyright Lately

OCTOBER 24, 2022

Fair use and de minimis defenses are often unreliable, and even if you have a solid case, defending copyright infringement lawsuits is an expensive proposition. In 1997, the Second Circuit reversed the district court’s finding that BET made fair use of Faith Ringgold’s “Church Picnic Story” quilt.

Artwork 88

Artwork Copyright Infringement Copyright Art 88

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 Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use. 3d at 1160.

Blogging 97

Blogging Copying Social Media Copyright 97

LexBlog IP

OCTOBER 25, 2023

The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before. ” With a mixed bag present on the substantial similarity analysis, the District Court moved on to looking at fair use itself. .” Let’s see why.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

IPilogue

OCTOBER 28, 2021

District Court for the Eastern District of New York ruled that the parodical and satirical use of Fun World’s copyrighted “Ghost Face” mask was permitted under the fair use doctrine. More recently, on September 27, the U.S. DIY Tricks?

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

43(B)log

FEBRUARY 3, 2024

Are courts just mistaking the nature of the consumer or just ignoring it and using other factors? Laura Heymann Thinking about how consumers view their interactions with companies both as a matter of branding and as a matter of contracts, specifically on social media. Sometimes you’re discussing litigation level v.

False Advertising 49

False Advertising Contracts Branding Brands 49

43(B)log

FEBRUARY 24, 2024

Can enshrine things like notice & takedown in © law, but that has effects on the ability to assert fair use. We know that automated systems designed to flag infringements get lots of false positives b/c they can’t recognize fair use; may also be false negatives, though that’s not the focus.

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

FEBRUARY 18, 2022

When, how and why would you seek permission to use persona. Influence of law, desire to contract, social norms. Results: fear of potential litigation motivates permission seeking even when free speech rules would likely allow the use, e.g. in movies. A: History differs a lot—US foundation for ROP was set much earlier.

Fair Use 59

Fair Use Contracts Litigation Copying 59

JIPL Online

NOVEMBER 1, 2021

4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] 5] The mere threat of litigation is enough to shut most fan projects down entirely. [6] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5]

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 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

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. The Klein’s emerged victorious from a lawsuit in 2017 after mounting a successful fair use defense. billion views.

Fair Use 96

Fair Use Copyright Copying Copyright Infringement 96

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. This left only the fair use defense remaining for the jury.

Fair Use 80

Fair Use Designs Design Licensing 80

IP and Legal Filings

JANUARY 13, 2023

There are several possible reasons why a de minimis litigation is still pursued. De minimis in copyright can be used for different reasons such as for fair use analysis, substantial similarity analysis [7] , among its other such uses. Viacom 18 Motion Picture & Ors [6]., Conclusion.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

Technology & Marketing Law Blog

MAY 18, 2023

Google cases (as well as decisions in the Warhol copyright fair use case and the Amgen patent enablement case). A quick reminder about the cases: both involve terrorist attacks where the plaintiffs allege that terrorist organizations used social media to post and disseminate their content. Supreme Court [FN].

Social Media 140

Social Media Law Fair Use Blogging 140

43(B)log

FEBRUARY 19, 2022

While Rogers rejected any consideration of whether the speaker had adequate alternatives to using the plaintiff’s trademark because speakers are entitled to choose their own ways of speaking, the religious cases embrace the concept of adequate alternatives. Seems more Lanham Act like. What do we do with that? What to do next?

Trademark Law 72

Trademark Law Trademark Art Branding 72

JIPEL Copyright Blog

MARCH 21, 2022

Players rallied against Nintendo’s actions, causing #FreeMelee to trend across social media and throughout the gaming world. While these policy considerations could weigh heavily in their favor, it seems unlikely that any TO or group would be willing to risk litigation by hosting a tournament that Nintendo explicitly forbids.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

Copyright Lately

DECEMBER 28, 2022

” But instead of actually discouraging NOCO from using litigation as an anti-competitive business tactic, the decision only ensures that Topdon will need to continue spending money to either settle or defend this baseless lawsuit. Gregorini v. .” Alexander v. Take-Two Interactive. Now it’s your turn to weigh in.

Copyright 83

Copyright Art Licensing Social Media 83

LexBlog IP

APRIL 13, 2022

Although this case has yet to reach a resolution, it draws attention to the potential for litigation surrounding the copyright rights required to mint NFTs. Grimaldi , [30] which establishes that the use of another’s trademark is not infringing if it is artistically relevant and does not explicitly mislead about its source or content. [31]

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52