IPilogue

NOVEMBER 11, 2021

This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very first international speaker from outside the United States. That anyone’s use of a copyright-protected work infringes the copyright owner’s property.

Fair Use 110

Fair Use Copyright Law Copyright Intellectual Property 110

Technology & Marketing Law Blog

DECEMBER 15, 2021

In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. Diebold from 2004, which led to a $125k damages award. As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure.

Registration 112

Registration Fair Use Copyright Designs 112

Velocity of Content

JUNE 8, 2022

Peter and the Starcatchers (2004 novel, the first in a series). Their reuse of the underlying materials may (in theory) be excused under the doctrine of fair use, including parody , or what is increasingly referred to as ‘ transformative use’ – a concept itself derived from the four fair use factors called out in Title 17 (Section 107).

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

IP and Legal Filings

MARCH 5, 2024

Trademark Law Before pre-digitalization The US Trademark Office (USPTO) defines a trademark as a word, phrase, design, or symbol that serves to identify and distinguish the products or services you sell apart from those of others. This seriously threatens the financial interests and intellectual property rights of enterprises.

Trademark 86

Trademark Social Media Advertising Advertising 86

43(B)log

AUGUST 4, 2021

Jacob Victor, Copyright’s Law of Dissemination: trying to disaggregate dissemination from use of a work in new creativity/e.g., transformative fair use. Judicial: Google Books/utility expanding fair use; Sony v. Digital TV: operating outside © failed, and Aereo also failed to get a §119 compulsory cable license.

Copyright 45

Copyright Licensing Fair Use Contracts 45

Technology & Marketing Law Blog

JANUARY 27, 2022

Apple claimed it designed the system to reduce the privacy invasion, but Apple could not guarantee that (1) governments wouldn’t compel Apple to do client-side scanning for the government’s benefit, or (2) the compelled scanning would only target CSAM. The COVID Pandemic. Mahanoy School District v.

Social Media 127

Social Media Law Privacy Government 127

LexBlog IP

SEPTEMBER 29, 2022

1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23). 1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23). In the US, other sound marks include Law & Order ’s ca-chung chung (as Reg. 3137680), the lightsaber sound from Star Wars (as Reg. ” as that early quoted commentator also noted.

Trademark 52

Trademark Registration Music Intellectual Property 52