article thumbnail

5th Cir affirms fair use on a motion to dismiss, fee award to D

43(B)log

25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.

article thumbnail

Announcing the 2022 Edition of My Internet Law Casebook

Technology & Marketing Law Blog

e-personation case (an edge case from a different era), and the decade-old social media e-discovery cases (mainstream CivPro by now). Taylor about true threats on social media. The Florida and Texas social media censorship laws and the associated court challenges. Note About Fair Use.

Editing 139
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Trademark Infringement in the Digital Age

IP and Legal Filings

Trademark Infringement in the Digital Landscape The internet and digital technology have enabled new types of trademark infringement through channels such as cybersquatting, keyword advertising, and social media misuse, making it more challenging for companies to safeguard their intellectual property rights. Sifynet Solutions Pvt.

article thumbnail

[Guest Post] Nigerian's new Copyright Act 2022: how libraries can benefit

The IPKat

The Act introduces a new vista in Nigerian copyright law as it repeals the Copyright Act 2004. The reform process is now complete with the recent assent to the Bill, as the Copyright Act 2022, by the Nigerian President. How can libraries in Nigeria benefit from the Copyright Act 2022?

Copyright 127
article thumbnail

Why SNL’s “Muppets” Parody Had Even the Media Fooled

Copyright Lately

And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. Kermit the Frog and Robert De Niro on SNL (2004). Jason Segel and the Muppets on SNL (2011).

article thumbnail

Announcing the 2021 Edition of My Internet Law Casebook

Technology & Marketing Law Blog

I did not add coverage of the Florida social media censorship law or NetChoice v. Note About Fair Use. Then, when the Second Circuit vacated the opinion, I ripped it out of the book. I decided that the revised opinion , though still a good result, had gotten so garbled that it wasn’t worth adding back. 512 [[link].

Editing 145
article thumbnail

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

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.