Technology & Marketing Law Blog

NOVEMBER 23, 2022

Both use Shopify as a service provider. ID Tech believed that Bayam copies too much of its copyrighted website content and pursued a whirlwind of enforcement activity, including filing two lawsuits against Bayam and sending numerous DMCA takedown demands to Shopify. Bayam and ID Tech run rival online jewelry businesses.

Copyright Law 127

Copyright Law Copyright Law Copyright Infringement 127

Plagiarism Today

APRIL 7, 2022

It deals with whether Amazon and/or CCA infringed FDN’s copyrights by scraping descriptions from their website for use as part of Amazon’s product listings. It’s a confusing question with no easy answer, but it’s an issue that puts the copyright registration of every website at risk. Understanding the Case.

Publishing 241

Publishing Registration Social Media Copyright 241

Plagiarism Today

OCTOBER 26, 2021

As we’ve discussed in the past , copyright has played an oddly oversized role in our modern Halloween festivities. However, one of the areas that is generally less talked about is copyright’s impact on Halloween costumes. However, one of the areas that is generally less talked about is copyright’s impact on Halloween costumes.

Copyright 231

Copyright Trademark Cease and Desist Copying 231

Technology & Marketing Law Blog

APRIL 1, 2023

TL;DR: a copyright takedown notice that doesn’t meet the elements of 512(c)(3) cannot give rise to a 512(f) clam. Specifically, the putative copyright owners didn’t send a proper 512(c)(3) takedown notice because: it lacked specific identification of the copyrighted works. ” Cite to ISE v.

Fair Use 101

Fair Use Cease and Desist Contracts Ownership 101

TorrentFreak

APRIL 13, 2023

Last summer, the US Copyright Claims Board (CCB) officially launched. Through this Copyright Office-hosted venue, rightsholders can try to recoup alleged damages outside the federal court system. This includes sites and services that use copyrighted material, such as photos, without obtaining permission from rightsholders.

Copyright 126

Copyright Copyright Infringement Plagiarism Copying 126

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Allegedly on behalf of Barrett, an SEO vendor sent DMCA takedown notices to Google, alleging that Source Capital had copied some of Barrett’s copyrighted material. Source Capital alleges that no copyright violation took place at all. The court brushes aside of all of Source Capital’s claims.

Fair Use 63

Fair Use Cease and Desist Copyright Ownership 63

Technology & Marketing Law Blog

FEBRUARY 22, 2024

As I’ve previously written, for many years after the DMCA passed, everyone assumed that 17 USC 512(a) completely shielded Internet access providers from liability for subscribers’ copyright infringements. If 512(a) provided full immunity, the Copyright Alert System was unnecessary and pernicious to both IAPs and their subscribers.

Music 102

Music Copyright Infringement Copyright Television 102

TorrentFreak

DECEMBER 4, 2022

The Blender Institute develops Blender, a free and open source 3D graphics tool used to create animated films. Free to Use. Sintel and Big Buck Bunny are among Blender’s most recognizable titles and due to Creative Commons licensing (CC BY), they are widely shared, used, remixed and reshared. Free to Change. Free to Share.

Licensing 141

Licensing Music Copyright Public Domain 141

Plagiarism Today

JUNE 2, 2022

Earlier this week, Mike Hiestand at the Student Press Law Center (SPLC) shared the story of an unnamed school newspaper that is facing a legal threat from a “copyright troll” over the use of an image on their site. . This has heightened concerns that using Creative Commons images is risky. So, Who is Right?

Copyright 220

Copyright Licensing Plagiarism Law 220

TorrentFreak

MARCH 13, 2022

Millions of people use VPNs to stay secure and to prevent outsiders from tracking their online activities. Over the past few years, we have seen copyright holders take several ISPs to court, accusing them of failing to disconnect repeat copyright infringers. However, the settlement comes with a twist. TorGuard Responds.

Settlement 130

Settlement Copyright Infringement Privacy Confidentiality 130

TorrentFreak

MARCH 6, 2024

law, online service providers must respond to takedown notices and implement a meaningful policy to terminate the accounts of repeat infringers. In a lawsuit filed at a federal court in Nashville last summer, Universal Music, Sony Music, EMI, and others accused X Corp of “breeding” mass copyright infringement.

Music 85

Music Copyright Infringement Social Media Copyright 85

Plagiarism Today

NOVEMBER 9, 2022

The Copyright Claims Board (CCB) is the new small claims court for copyright disputes in the United States. Passed as part of the Copyright Alternative in Small-Claims Enforcement Act (CASE Act) in December 2020, it threw open its doors in June of this year. However, that doesn’t mean that cases aren’t being closed.

Copyright 160

Copyright Settlement Plagiarism Registration 160

Technology & Marketing Law Blog

MARCH 6, 2022

Babybus runs a competitive channel that Moonbug believes infringes its copyrights. An example: Moonbug submitted takedown notices to YouTube covering at least 70 videos and sued Babybus for copyright infringement. Babybus counterclaimed for 512(f). The court dismisses Bbybus’ counterclaims. Material Misrepresentations.

Fair Use 95

Fair Use Cease and Desist Copying Copyright Infringement 95

Biswajit Sarkar Copyright Blog

JULY 25, 2022

However, this poses an important question to copyright owners whose songs, games and other copyrightable subject matter are used without giving any monetary compensation to the the owner. This is where the concept of user generated content comes in which protects these users from infringing such copyright. Who owns UGC.

Copyright 52

Copyright Social Media Branding Brands 52

Corsearch

FEBRUARY 15, 2024

Provide steps on how to manually remove counterfeits and infringing content from the platform. Showcase how Corsearch can help you automate this process and tackle counterfeits at scale. These accounts may use similar usernames, logos, and content to deceive users into believing they are interacting with the legitimate brand.

Branding 59

Branding Brands Branding Social Media 59

TorrentFreak

MARCH 7, 2023

In May 2022, Elon Musk declared overzealous use of the DMCA a “plague on humanity.” ” As CEO of Twitter, Musk understands that his platform has certain obligations if it wishes to maintain protection from liability under copyright law. The two people at the heart of the original dispute are both Twitter users.

Copyright 134

Copyright Copying Business Licensing 134

TorrentFreak

NOVEMBER 25, 2021

Some copyright holders have tried to go after individual pirates in court but, increasingly, third-party intermediaries are targeted as well. There are several lawsuits pending in US courts where rightsholders accuse Internet providers of not doing enough to stop piracy. As such, they want to hold WOW!

Confidentiality 142

Confidentiality Copyright Infringement Music Copyright 142

CopyrightsWorld

FEBRUARY 15, 2021

Copyright infringement and how to stop it is a question in the minds of most of us these days. The law that is our reference for answering this question is the Digital Millennium Copyright Act (DMCA). Along with Google, most social media have their own services for copyright infringement and takedown requests.

Copyright Infringement 75

Copyright Infringement Licensing Social Media Copyright 75

Copyright Lately

APRIL 30, 2021

Nirvana has been sued for using an illustration from a 1949 translation of Dante’s “Inferno” on band merchandise. Here’s why determining the copyright status of old foreign works can be a hellish undertaking. copyright law. without a copyright notice. Move over smiley face. Nirvana LLC.

Public Domain 84

Public Domain Copyright Copyright Notice Publishing 84

The TTABlog

NOVEMBER 13, 2023

Respondent Jacobson & John obtained its registration under Section 2(f) based only upon a declaration of at least five years of continuous and substantially exclusive use prior to making the statement. The specimens in the file history of the challenged registration, without testimony, are not evidence of how Respondent used the mark.

Registration 58

Registration Law Business Copyright 58

JIPL Online

APRIL 9, 2021

Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] ii] Existing copyright law is ineffective in its application to new forms of digital media. i] Memes are also a form of communication that distinguishes generations.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Technology & Marketing Law Blog

OCTOBER 31, 2021

In this ruling, the court says Walmart may have imposed a binding arbitration clause on gift card buyers–even though it never used a proper call-to-action or demonstrated that the buyers took any affirmative steps to agree to the terms. This is a standard issue about layered notices. Zeidenberg and the 23andMe litigation.

Contracts 111

Contracts Litigation Blogging Law 111

Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

Copyright 145

Copyright Art Fair Use Registration 145

Technology & Marketing Law Blog

JANUARY 30, 2024

Printify facilitates interactions between merchants who create new items to sell (using storefronts like Etsy, Shopify, or eBay) and third-party printers/manufacturers. Aside from the “small percentage” of merchants who use Printify Pop-Up Shops, the products are not sold on Printify-operated websites. Redbubble, Inc.

Publishing 74

Publishing Trademark Designs Design 74

IP and Legal Filings

FEBRUARY 2, 2022

The plaintiff is a California-based company that has millions of subscribers on YouTube and other Social Media handles, which is significant to understand the popularity of its various trademarks and copyrights with licenses for various sorts of merchandise. The plaintiff found much merchandise which violated their IP Rights.

IP 90

IP Social Media Copyright Infringement Trademark 90

TorrentFreak

MARCH 31, 2022

Problems are also reported with the Roscomnadzor-controlled ‘TSPU’ Deep Packet Inspection (DPI) system embedded into the networks of around 80 local ISPs and recently used to restrict Tor , VPNs and Twitter traffic. It isn’t going to plan. But, like the invasion itself, things aren’t going to plan here either.

Reporting 145

Reporting Copyright 145

Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

This sector has vast potential as they observe the behaviour and choices of their consumers through their programming that uses cutting-edge technologies like- Machine Learning (ML) and Artificial Intelligence (AI). Unauthorized usage, storage and sharing of unsolicited copyrighted content is a threat to human creativity.

Cease and Desist 85

Cease and Desist Licensing Intellectual Property Copyright 85

The TTABlog

JUNE 12, 2023

Notice of the incident (set out below) was sent to the listed contact in these affected applications. You are receiving this notice because your email address is listed as the contact for the trademark owner in at least one of these applications. This helps us determine if applicants are required to hire a U.S.-licensed

Trademark 72

Trademark Privacy Trademark Law Licensing 72

Plagiarism Today

NOVEMBER 18, 2021

Their main product, Streamlabs OBS (often abbreviated to SLOBS) is built on top of the open-source application OBS it’s been accused of creating confusion by using such a similar name for a commercial product. ” Near the launch of SLOBS, @streamlabs reached out to us about using the OBS name. WAIT HOLY S**T!

Plagiarism 235

Plagiarism Web Development Copying Copyright Notice 235

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

In addition to destroying online marketplaces, this bill provides the template for how rightsowners want to reform the DMCA online safe harbor to make that functionally impossible to achieve as well. In this respect, the SHOP SAFE Act portends how Congress will accelerate the end of the Web 2.0 era of user-generated content. * * *.

Trademark 135

Trademark False Advertising Advertising Advertising 135

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. Don’t Panic”.

Copyright 98

Copyright Social Media Registration Blogging 98

TorrentFreak

AUGUST 7, 2021

To counter this, some use cheaper domestic subscriptions instead while others go flat-out with a pirate set-top box. Top level football is massive business in the UK, generating money from turnstiles, merchandising and lucrative broadcasting rights. Needless to say, this doesn’t sit well with companies such as Sky. ” it continues.

Business 132

Business Reporting Copyright Copyright Infringement 132

TorrentFreak

AUGUST 31, 2023

IIPA aims to improve copyright protection and enforcement in overseas markets with high levels of piracy. The general idea is for those countries to recognize how relations with the United States might improve if those platforms were no longer in business, and then act accordingly.

Marketing 94

Marketing Marketing Government Registration 94

LexBlog IP

OCTOBER 30, 2021

It is also an increasingly popular medium for infringers to illegally source and share copyrighted materials. Fortunately, copyright law prohibits the unauthorized reproduction of a work. Copyright disputes do not need to escalate into costly and time-consuming litigation. What is Copyright? How is Copyright Infringed?

Copyright Infringement 52

Copyright Infringement Cease and Desist Copyright Social Media 52

Canadian Intellectual Property Blog

OCTOBER 28, 2020

With the ever-increasing presence of social media, including websites like YouTube where content can generate income, copyright infringement is escalating at alarming rates. Unfortunately, it is no secret that the cost of enforcing copyright through the courts is expensive.

Social Media 52

Social Media Copyright Cease and Desist Copyright Infringement 52

TorrentFreak

NOVEMBER 19, 2023

In the unlikely event people haven’t noticed, the internet isn’t what it used to be. StreamSafely: How it All Began The people who came up with the StreamSafely campaign and still run it today are collectively known as Ctam Cable Marketing Association Inc. , So what are those goals? or CTAM for short. .”

Marketing 96

Marketing Marketing Privacy Intellectual Property 96

Copyright Lately

DECEMBER 4, 2023

Oh Mickey, you’re so fine—but you’re not alone: An avalanche of copyrighted works will enter the public domain in the United States on January 1, 2024. Before you accuse me of being some sort of Disney shill, I’m not advocating for longer copyright terms. copyright lapse for A. copyright terms.

Public Domain 120

Public Domain Music Copyright Publishing 120