The IP Law Blog

OCTOBER 13, 2022

Take-Two Interactive Software found that the depiction of tattoos on wrestler Randy Orton in a video game published by Take Two Interactive infringed the tattoo artist’s copyright in the tattoos. Take Two had good reason to believe in its implied license defense. In this author’s personal opinion, the District Court got it all wrong.

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LexBlog IP

OCTOBER 14, 2021

Wilmott Storage Services, LLC , decided September 9, 2021, the Ninth Circuit clarified the role that the de minimis concept plays in copyright infringement cases. Copyright Office until 2011. Wilmott argued that it was entitled to summary judgment for, among other things, the defense of de minimis use.

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Technology & Marketing Law Blog

FEBRUARY 12, 2024

Larry Philpot is a repeat copyright plaintiff. ” The district court found transformativeness because the defense placed the photo in a new context. ” The district court found transformativeness because the defense placed the photo in a new context. One sign is listening to Ted Nugent. (I The Fourth Circuit reverses.

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Technology & Marketing Law Blog

OCTOBER 6, 2022

Last week, an Illinois jury awarded tattoo artist Catherine Alexander $3,750 in damages at the conclusion of a copyright infringement trial. 2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. by guest blogger Aaron Perzanowski , University of Michigan Law School.

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Blogging Fair Use Copyright Infringement Copyright 133

JD Supra Law

SEPTEMBER 23, 2021

The US Court of Appeals for the Ninth Circuit reversed a district court’s grant of summary judgment in favor of the defendant in a copyright case based on a “minimal usage” or de minimis use defense. Wilmott Storage Services, LLC, et al., 19-55882, -56181 (9th Cir. July 26, 2021) (Wardlaw, J.) Clifton, J., concurring).

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TorrentFreak

AUGUST 23, 2022

YouTube’s motion to dismiss the amended complaint failed on a number of fronts including those related to copyright infringement claims, correct registration and ownership of copyrighted works, and allegations that YouTube removed Copyright Management Information (CMI) from content uploaded to its platform.

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Kluwer Copyright Blog

DECEMBER 17, 2023

The calls for revisiting copyright in the wake of generative AI – with proposals to create new exceptions or design remuneration models for authors – further fortify this “faith,” I believe. The overreliance on fair dealing, I argue, inadvertently expands the scope of copyright law and harms the public domain. Photo evan p.

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LexBlog IP

OCTOBER 13, 2022

Take-Two Interactive Software found that the depiction of tattoos on wrestler Randy Orton in a video game published by Take Two Interactive infringed the tattoo artist’s copyright in the tattoos. Take Two had good reason to believe in its implied license defense. In this author’s personal opinion, the District Court got it all wrong.

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Fair Use Copyright Licensing Copying 52

Copyright Lately

DECEMBER 29, 2021

Remembering another frustrating year with a countdown of 2021’s most unsatisfying copyright rulings. Here are my personal picks for the copyright opinions from 2021 that, much like the year itself, leave a little something to be desired. Walt Disney Company.

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IP Intelligence

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § But the existence of commercialism and website advertisements is not, and should not be, a death knell for a successful fair use defense. 107 is common practice.

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LexBlog IP

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § ” But the existence of commercialism and website advertisements is not, and should not be, a death knell for a successful fair use defense. See Castle v.

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Technology & Marketing Law Blog

OCTOBER 25, 2023

In the early days of the pandemic, tattoo artist Cramer created this tattoo and tattooed it onto her husband: The tattoo depicts Joe Exotic of Tiger King “fame,” a can of Lysol, some coronaviruses, and the words “Quarantine 2020.” ” None of this makes any sense to me. I guess you had to be there. Nature of Work.

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LexBlog IP

MAY 3, 2022

The WIN Passage is subject to a separate copyright registration and he offers licenses for its use. The posts credited Bell as the author but did not include a copyright watermark that Bell imprints on his digital reproductions of the WIN Passage. He markets the books through online retailers and his own website.

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43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

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43(B)log

MARCH 1, 2022

The passage is “separately copyrighted,” by which I take it the court means “separately registered.” F]air use is an affirmative defense that can support Rule 12(b)(6) dismissal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees. Bell sued anyway. “[F]air

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SpicyIP

JULY 31, 2023

Prima facie, it seems like an improvement from the previous drafts which kept the contours of piracy open by limiting it to “authorized places;” however, it actually expands it by subjecting it to “a manner that amounts to the infringement of copyright under the provisions of the Copyright Act, 1957.” see here and here ).

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Copying Copyright Television Copyright Infringement 96

Technology & Marketing Law Blog

AUGUST 31, 2021

McGucken moved for summary judgment on the fair use defense. One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. There is no shortage of articles being generated online, and often those content producers simply canvass the web to find a suitable photo. McGucken v.

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Copyright Lately

SEPTEMBER 12, 2021

The Ninth Circuit took a overly minimalist view of copyright’s de minimis defense, finding that a photo stored on an inaccessible web server doesn’t qualify. De Minimis non curat lex: The law does not concern itself with trifles. Except of course, when it does. Wilmott Storage Services, LLC.

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Copying Social Media Copyright Copyright Infringement 97

LexBlog IP

NOVEMBER 17, 2021

Normally, you don’t need anyone’s permission to use a copyrighted work. Since there’s an exclusive right to public display, you actually need to rely on a version of the first-sale doctrine to display copyrighted works in public. 3 Unless you have some legal excuse or defense, such as, fair use. Weird, right?

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Copyright Lately

OCTOBER 24, 2022

The letter claimed that the director, an ad agency, and a popular theme park had all committed copyright infringement because a panda appeared in the background of their TV commercial. But if they appear on film without permission, even fleetingly, they could prompt a copyright infringement lawsuit.

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Artwork Copyright Infringement Copyright Art 88

43(B)log

JUNE 30, 2023

Chair: João Quintais Samuelson: Joel Reidenberg’s Lex Informatica is a foundational text worth revisiting. Riffs off of the concept of law of trade; what happened was that people engaged in inter-area commerce made up sales law through their practices. Commission has tried to invent these new tools. We used Common Crawler”?

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SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? In response the Defendant claimed, “ fair use” and “ de minimis” use.

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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. What Happened. Oracle , should have been decided by the trial judge.

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Copyright Lately

DECEMBER 28, 2022

Remembering another lousy year with a countdown of the most ill-considered, unsatisfying and wrongly-decided copyright rulings of 2022. So what better way to commemorate 2022 than with a look at the worst copyright decisions from coast to coast? Remember: the smaller the numbers, the bigger the misses.

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Kluwer Copyright Blog

OCTOBER 11, 2022

The principle of ‘de minimis’ is a common law principle that has been derived from the Latin maxim ‘ De Mimimis Non-Curat Lex’ , which essentially means that the law does not care for, nor take notice of, very small or trifling matters, and therefore does not require judicial scrutiny. Ltd & Ors.

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Technology & Marketing Law Blog

MARCH 3, 2022

Bell has separately registered a copyright in the passage. Bell has filed at least 25 copyright lawsuits. Because two of the three subfactors weighed for the defense, the court says this factor overall weighs for the defense. Instead, courts usually let the copyright owners decide how best to do marketing for their works.

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Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Copyright How would you define copyright? The word ‘copyright’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. Copyright is by nature a very narrow protection. Another important exception to copyright is facts or universal truths.

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Copyright Artistic Work Copyright Infringement Ownership 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Copyright How would you define copyright? The word ‘ copyright ’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. Copyright is by nature a very narrow protection. Another important exception to copyright is facts or universal truths.

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Artistic Work Ownership Copyright Infringement Copyright 52

IP Watchdog

SEPTEMBER 10, 2021

This week in Other Barks & Bites: Senators Thom Tillis and Patrick Leahy ask the USPTO’s Drew Hirshfeld what the agency will do to enforce patent disclosure requirements at other federal agencies on patent applicants; the Fifth Circuit affirms sovereign immunity for Texas A&M’s athletic department but nixes a qualified immunity defense for (..)

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Technology & Marketing Law Blog

JUNE 11, 2022

Apparently the “de minimis” defense to copyright infringement doesn’t exist at all in the 9th Circuit. Apple also seeks summary judgment on whether it can be held liable for copyright infringement for “making available”—as opposed to actually selling—the compositions. 26, 2021).

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Copyright Copying Copyright Infringement Copyright Law 110

SpicyIP

SEPTEMBER 11, 2023

AI and Copyright: More Developments – Human Prompts are Not ‘Direct Instructions’ After the Thaler case, the US Copyright Office passed another interesting order on AI-generated works, this time refusing the registration due to the work’s failure to meet the de-minimis threshold. Case Summaries Global Music v.

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Technology & Marketing Law Blog

JULY 25, 2022

Eleven days ago, the Ninth Circuit reaffirmed that: (1) the discovery rule of accrual applies to the Copyright Act’s three-year statute of limitations; and (2) when the discovery rule applies, the copyright owner is not limited to damages for acts occurring within three years before the date of filing the lawsuit. 21-55379 (9th Cir.

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Kluwer Copyright Blog

DECEMBER 8, 2021

In a previous post on this Blog, we analysed the EU case law relating to the emerging services of Cloud Service Providers ( C-265/16 , V-CAST), as well as the impact of the new EU Directive on copyright in the Digital Single Market (CDSM). Introduction. The Austro-Mechana case and the right to claim private copying levy.

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