LexBlog IP

FEBRUARY 28, 2022

But unbeknownst to Goldsmith, he also created fifteen additional works (including silkscreen prints and pencil drawings) using the Prince Photograph for his own artistic purposes. That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.” [20]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Copyright Lately

AUGUST 14, 2023

Kat Von D’s Motion In its previous ruling on the parties’ motions for summary judgment , the court found triable issues of fact with respect to both the first fair use factor (purpose and character of the use) and the fourth (effect of the use upon the potential market).

Fair Use 85

Fair Use Social Media Licensing Marketing 85

TorrentFreak

MAY 17, 2022

Whether it always performs as advertised is up for debate but there are videos showing it in action on Amazon and other platforms quickly downloading files, rather than attempting to record the screen. Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality.

Copying 116

Copying Social Media Licensing Technology 116

JIPL Online

APRIL 9, 2021

x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 139 (2016). [ix]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Copyright Lately

MAY 1, 2023

Chrissy has created an unauthorized derivative work of the SpongeBob track (which probably won’t make Sire Records happy), but she likely hasn’t implicated any copyright interests in the UMG-owned Drake recordings that were used by Janet to train the original model. .” ” VMG Salsoul, LLC v. Ciccone , 824 F.3d

Music 87

Music Copyright Copying Copyright Law 87

43(B)log

AUGUST 11, 2021

Derivative works? Prior attempts to measure tarnishment: Buccafusco et al 2016 focused on porn parodies, found burnishing except among very conservative consumers. Marketing literature may show appropriate methods to evaluate trademark reputation, or potential harms or unfair advantages. Courts take that as a truism.

Trademark 72

Trademark Copyright Branding Brands 72

LexBlog IP

JULY 21, 2021

” That is because religion is big business, as the Washington Post noted in detailing a 2016 empirical study on the socio-economic contribution of religion to American society. provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. society at over $1 trillion annually.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52