The IPKat

JULY 17, 2023

The Rogers test has primarily been applied by the courts in situations where a mark is used to perform some form of expressive function rather than designate a work’s source – a topical example being the lawsuit brought by Mattel in the early 2000s in relation to the song Barbie Girl. 7 Brand Tennessee Sour Mash Whiskey” as “The Old No.

Fair Use 52

Fair Use Trademark Designs Design 52

The IPKat

NOVEMBER 29, 2021

Whilst some grin and bear the parody, others are less charmed by a spoof of their creation or persona. The recently issued conclusion (of 8 October 2021) by the Attorney General to the Dutch Supreme Court is worth discussing, as it gives an insightful analysis of a difficult topic: what are the limits to parody?

Law 70

Law Copyright Law Advertising Advertising 70

Kluwer Copyright Blog

JUNE 9, 2022

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. This second part explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive.

Technology 96

Technology Marketing Marketing Copyright 96

IPilogue

DECEMBER 9, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. One defence to copyright infringement is fair dealing for the purpose of parody or satire ( s.29 Cooperstock holds that, to be allowable, parodies that draw on original works must exhibit noticeable differences.

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

The IPKat

DECEMBER 5, 2021

AI is currently the “hot topic” around the globe. The fact that the consultation paper refers AI as a “possible” topic for further discussion shows that there will be an ongoing need to update Hong Kong’s copyright protection regime to keep up with modern developments.

Copyright 122

Copyright Government Reporting Copyright Infringement 122

The IPKat

FEBRUARY 16, 2022

60 does not specifically provide that legitimate uses of content (such as in quotes, reviews or parodies) are excluded from its scope. 17 is the most controversial provision in the Copyright DSM Directive [read The IPKat’s posts on the topic ]. It is also noted that the draft Art. 17, when it was not bound to it.

Art 104

Art Copyright Law Designs 104

The IPKat

MARCH 27, 2022

Topics included the territorial scope of existing marks, the potential need to expand the specifications of trade marks used in the Metaverse, the importance of clearance searches before entering this environment, and the consideration of co-existence agreements to avoid conflicts. Background and outcome are reported by Marks IP.

Blogging 76

Blogging IP Reporting Journalism 76

The IP Law Blog

JUNE 10, 2021

Likewise, a deceased performer’s digital replica may be used in parodies, satire, commentary, criticism, works of political or newsworthy value, and the like. Scott Hervey and Josh Escovedo discuss this topic on The Briefing from the IP Law Blog on YouTube at this link , and on their podcast at this link.

Privacy 85

Privacy Music Law Advertising 85

Garrigues Blog

DECEMBER 14, 2021

The tension between freedom of expression and copyright protection has lately been one of the hottest topics in EU and Portuguese copyright laws. Nobody questions the fact that IP laws need to be enforced on the internet.

Copyright 52

Copyright Related Rights Ownership Copyright Infringement 52

IPilogue

JANUARY 14, 2022

Parody in Trademarks is No Joke. In Subway IP LLC v Budway, Cannabis & Wellness Store , the Federal Court reaffirmed that parody is not a defence against trademark violation. With damages amounting to $40,000, it is clear the courts are unamused by parody in trademarks. Trademark Law.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. Therefore, they are not suitable to ensure the required protection of freedom of expression-based exceptions like parody, criticism and review, as required by Article 17(7). Introduction.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

Biswajit Sarkar Copyright Blog

JULY 13, 2022

Trends now in style and contentious topics in the industry. In this case, the court ruled that the parody accounts could convey two contemporaneous, diametrically opposed meanings. The court rejected the accusations since the defendant’s offering was a parody. Puma vs. Forever 21.

Intellectual Property 52

Intellectual Property Branding Brands Branding 52

Kluwer Copyright Blog

APRIL 26, 2022

paras 85-86] (This topic and its implications will be the subject of a separate blogpost.). Stay tuned for more detailed analysis in this blog and, if you want to join a discussion on the topic, be sure to register for this Communia Salon next Thursday. More from our authors: Law of Raw Data. by Christopher Heath. €

Intellectual Property 99

Intellectual Property Law Designs Design 99

TorrentFreak

MAY 16, 2022

The judge found that McFree’s use of Watch Tower content amounted to parody, criticism and commentary, and was therefore protected under the doctrine of fair use. After reading one of our articles on the topic, attorney Paul Levy at the Public Citizen Litigation Group concluded that it was. Something didn’t sit right.

Fair Use 120

Fair Use Copyright Litigation Music 120

The IPKat

APRIL 25, 2024

Since we last wrote for the IPKat on the topic , additional posts have discussed the Science, Innovation and Technology Select Committee’s inquiry into the impact of AI on the creative industries and the UK House of Lords Inquiry into Large Language Models.

Contracts 73

Contracts Artistic Work Copyright Copyright Law 73

The IPKat

NOVEMBER 2, 2022

The paper may pertain to any topic related to intellectual property law, and may be submitted in French or English. v Lynn Goldsmith et al (article forthcoming) 30 November 2022 – Deep Fake More details of the events can be found here. Read more about the speakers and sign up to the seminar here. More details of the event can be found here.

Intellectual Property 67

Intellectual Property Intellectual Property Law IP Copyright 67

Technology & Marketing Law Blog

JUNE 20, 2023

Barton Beebe’s empirical work on this topic. 569 (1994), in which the Court unanimously held that a raunchy rap-music version of the popular song Pretty Woman (with altered lyrics) was a parody and was likely a fair use. See Ochoa, Dr. Seuss, the Juice and Fair Use: How the Grinch Silenced a Parody , 49 J. of America v.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Kluwer Copyright Blog

NOVEMBER 29, 2021

The Hungarian legislation has finally decided to introduce parody, caricature and pastiche exceptions in their fullest scope. The use of copyright-protected works for the purposes of caricature, parody and pastiche is now expressly permitted in § 51a UrhG (German Copyright Act).

Cease and Desist 115

Cease and Desist Copyright Government Publishing 115

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. Introduction Generative AI is one of the hot topics in copyright law today. Content moderation is a topic dealt with elsewhere in EU law by the Digital Services Act (DSA) and, for copyright protect content, in inter alia Article 17 CDSM Directive.

Copyright 138

Copyright Fair Use Copyright Law Law 138

LexBlog IP

OCTOBER 11, 2021

I imagine significantly fewer are familiar with “Mom’s Spaghetti,” the underrated and amusing parody to “Lose Yourself.” Assuming there is no opposition, the USPTO issues a Notice of Allowance, which signals that the mark is ready to register once the applicant can provide a specimen of use (see our previous blog post on this topic).

Music 52

Music Blogging Trademark Publishing 52

The IPKat

AUGUST 24, 2021

In the area of exceptions, new fair dealing purposes were added for quotation (a significant expansion on the existing exception for criticism and review), as well as for caricature, parody and pastiche. It is a compact and no-nonsense guide to the often complex interrelations between the visual arts and intellectual property law.

Art 98

Art Copyright Editing Publishing 98

Kluwer Copyright Blog

JANUARY 7, 2024

Generative AI, Copyright and the AI Act by João Pedro Quintais Generative AI is one of the hot topics in copyright law today. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in 2019.

Blogging 78

Blogging Copyright Copyright Law Technology 78

LexBlog IP

JUNE 5, 2023

These were the hot topics in the recently decided Supreme Court case of Andy Warhol Foundation for the Visual Arts, Inc. Koons admitted to having copied the image intentionally, but attempted to claim fair use by parody. On the issue of fair use, the court rejected the parody argument. Andy Warhol. And Prince, the Purple One. (Or

Fair Use 52

Fair Use Derivative Work Art Licensing 52

The IPKat

DECEMBER 21, 2021

In Chapter 4 Rendas considers how the provisions in Article 5 score when assessed using these criteria, taking the exceptions for temporary reproduction, private copying, teaching and research, parody and quotation as examples. He also considers Article 5(5) and the way in which the CJEU has interpreted these provisions.

Copyright Law 113

Copyright Law Law Copyright Fair Use 113

Technology & Marketing Law Blog

JULY 5, 2021

Defendant simply thought that the topic of pickleball on cruise ships would be interesting to the relatively few readers who visited his website. 29, 2020): Defendant did not reproduce the Article to attempt to gain a financial benefit to Plaintiff’s detriment or for any nefarious reason. Stebbins v.

IP 85

IP Social Media Fair Use Branding 85

SpicyIP

NOVEMBER 13, 2023

In this month’s edition, he looks into topics including copyright and education, transparency and clinical trial data, Google ad-word cases, and more! The dispute pertained to alleged infringement and disparagement of Patanjali trademark by the defendant who had uploaded a parody video on Youtube.

Trademark 59

Trademark Copyright IP Registration 59

Copyright Lately

APRIL 19, 2022

And while looking at whether a defendant used the plaintiff’s work “in a different manner or for a different purpose than the original” may be straightforward enough in a parody case like Campbell , how useful is that analysis in a case involving contemporary art like Warhol ? Oracle ), largely functional software.

Fair Use 79

Fair Use Art Copyright Social Media 79

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co.

IP 124

IP Copyright Trademark Intellectual Property 124

The IPKat

AUGUST 11, 2022

KECOBO's advisory on memes and copyright law The advisory defined a meme as "an image, video or text used in social media for humorous or political banter and illustrative of a line of thought on a topic under discussion".

Social Media 93

Social Media Copyright Copyright Law Due Diligence 93

Technology & Marketing Law Blog

JANUARY 28, 2022

Our first post on this topic, blogging the dispute over the @OMGFacts Twitter account , was over ten years ago!) Creating Parody Social Media Accounts Doesn’t Violate Computer Fraud & Abuse Act – Matot v. When Does A Parody Twitter Account Constitute Criminal Identity Theft?–Sims

Social Media 89

Social Media Ownership Contracts Privacy 89

43(B)log

OCTOBER 13, 2021

This was less-favored satire rather than parody, and “defendants have offered no justification for their extensive borrowing.” Confirming that the court is making its commerciality finding dependent on its transformativeness finding, the court reiterates that the video wasn’t parodying the song or using it for commentary, unlike the Nader ad.

Fair Use 83

Fair Use Music Marketing Marketing 83

Patently-O

DECEMBER 12, 2021

But the PTO also denies registration to marks under this provision even if they constitute political commentary, parody, or other public discourse at the heart of the First Amendment. Rather, the PTO bars registration whether the mark praises, criticizes, ridicules, parodies, or is neutral toward the famous person.

Registration 69

Registration Government Advertising Advertising 69

43(B)log

FEBRUARY 3, 2024

Expected to find a lot of talking around the topic of pleasure, but surprised to find a lot of hostility to, especially, defendants’ enjoyment of their own conduct. Gets the market failure explanation for protecting parody and dissent, but the flipside is that joy and pleasure become commodities owned by IP proprietors. Moralistic?

IP 59

IP Marketing Marketing Patent 59

Kluwer Copyright Blog

OCTOBER 22, 2021

The topic of the liability of internet intermediaries has never been so contentious. In doing so, intermediaries should ensure they account for the protection of some copyright exceptions, such as for criticism, quotation and parody. Internet platforms have enjoyed immunity both in EU law and overseas.

Social Media 136

Social Media Copyright Copyright Infringement Technology 136