Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

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Blogging Copying Social Media Copyright 95

Biswajit Sarkar Copyright Blog

FEBRUARY 11, 2022

People have become less dependent on print media and more likely to use a digital medium such as computerized documents of soft copies. Firstly, take the example of social media. With the advent of social media, anyone can post anything on it. Kind of Copyright Infringement. Indian Scenario.

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Copyright Law Copyright Law Social Media 52

The TTABlog

JANUARY 8, 2024

He sold copies of comic books featuring the character and displayed the comic books at a comic convention. He also received some media attention. Andrusiek submitted evidence of such technical trademark use from 2016 and 2017, including displays of comic book covers on Amazon, on YouTube, and in other media.

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Registration Trademark Social Media Designs 73

Kluwer Copyright Blog

NOVEMBER 4, 2021

Social media (aka Facebook) were not a part of the conversation. This raises the question: does the press publishers’ right apply to social media? While social media were not explicitly singled out, they seem to comfortably fall within the ISSP definition. Do social media make content available?

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Social Media Publishing Art Copying 142

TorrentFreak

MAY 30, 2023

Operating from 2016 until 2018, the Flawless IPTV service copied subscription TV broadcasts from official (and unofficial) sources and then restreamed that content to tens of thousands of customers, at a dramatically cut down price. For many UK football fans, Flawless granted access to the sport they love, at a price they could afford.

Social Media 138

Social Media Marketing Marketing Licensing 138

The TTABlog

SEPTEMBER 8, 2022

He sold copies of comic books featuring the character and displayed the comic books at a comic convention. He also received some media attention. Andrusiek submitted evidence of such technical trademark use from 2016 and 2017, including displays of comic book covers on Amazon, on YouTube, and in other media.

Registration 95

Registration Trademark Social Media Copying 95

LexBlog IP

APRIL 19, 2023

A new track by Drake and The Weeknd is going viral on social media and is bound to top the charts. There is nothing “copied” by the AI models and therefore no copyright to infringe. 2016), aff’d, 653 Fed. The song has been hailed as the “banger of the weekend” and was viewed more than 8.5

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Music Privacy Social Media Copyright 52

LexBlog IP

AUGUST 4, 2022

“Embedding” means the process of copying unique HTML code assigned to the location of a digital copy of the photo or video published to the Internet, and the insertion of that code into a target webpage or social media post so that photo or video is linked for display within the target post. Amazon.com, Inc.

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Copyright Infringement Licensing Publishing Social Media 52

43(B)log

JANUARY 19, 2022

Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets. Though I’ll detail the advertising-based claims below, I will also note that the court did dismiss claims based on Facebook’s “Copy, Acquire, Kill” strategy as untimely.

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False Advertising Advertising Advertising Privacy 59

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

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Copying Copyright Law Copyright Social Media 103

The TTABlog

APRIL 28, 2022

The Board explained the several avenues by which an opposer may proffer its registrations, including by attaching status-and-title copies or current TSDR information to the original pleading or to a notice of reliance, or by appropriate identification and introduction during the taking of testimony.

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Designs Design Social Media Registration 68

Copyright Lately

MAY 22, 2023

For the majority, what was important was that “[b]oth Goldsmith and AWF sold images of Prince (AWF’s copying Goldsmith’s) to magazines to illustrate stories about the celebrity, which is the typical use made of Goldsmith’s photographs.” “[T]he first fair use factor. “[T]he first fair use factor.

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Fair Use Licensing Copying Artwork 95

IP Whiteboard

FEBRUARY 8, 2021

g) placing apparent weight on evidence of confusion from social media posts and no weight on the absence of evidence of actual confusion. Justice Katzmann noted that it was difficult to put a great deal of weight on the evidence but found the evidence of the social media posts to “have some probative value”.

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Social Media Branding Brands Branding 52

Copyright Lately

MAY 1, 2023

The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model. It isn’t human-readable and does not contain copies of any audio recordings. But once created, the voice model is just a set of parameters.

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Music Copyright Copying Copyright Law 92

Technology & Marketing Law Blog

DECEMBER 27, 2023

Moreover, contrary to The Satanic Temple’s novel argument, domain registration is not the same as registration for a social media website.” For more on the irrationality of this ethics opinion, see this 2016 paper. ” * Hoffmann Brothers Heating and Air Conditioning, LLC v. March 29, 2023).

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IP Advertising Advertising Copyright 71

IP and Legal Filings

APRIL 19, 2022

In addition, social media intermediaries must appoint a Chief Compliance Officer in accordance with the Act and IT Rules. A violating copy of the work, whether brief or extra storage, should be owned by the complainant and not indicated under Section 52 or any other section of the Copyright Act [1957]. SCIL) (2016) Myspace Inc.

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Copyright Law Copyright Law Copyright Infringement 73

The TTABlog

JUNE 10, 2021

Ghiorse , 119 USPQ2d 1178, 1187 (TTAB 2016). There was no survey evidence, no evidence of intentional copying, and minimal media coverage. The Board then turned to a determination of the degree of descriptiveness, since the more descriptive a term, the more proof required under Section 2(f). The Board was not impressed.

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Advertising Advertising Social Media Marketing 52

Technology & Marketing Law Blog

DECEMBER 29, 2022

The Supreme Court’s Mahanoy decision left many issues for the lower courts to resolve about when schools can discipline students for social media posts. This opinion from the Ninth Circuit starts to fill in some of the gaps. The case involves several Albany High students, including Epple and Chen.

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Blogging Social Media Copying Licensing 91

LexBlog IP

OCTOBER 25, 2023

That is the difference between the court of public opinion in one’s industry and a court of law in a governmental building—”In writing, plagiarismis a straight-up cardinal sin: If you copy, you’re wrong. Now social media has allowed for PSRs with reality TV celebrities, Instagram influencers, and the like.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

SpicyIP

DECEMBER 20, 2023

He also discussed the ‘license of rights’ system for GM patents in light of “Licensing and Formats for GM Technology Agreements Guidelines, 2016” (see also ). To get an overall picture, see Prashant’s post “ The Rs. 400 crore war between Monsanto and Indian seed companies with threats of price control and compulsory licensing of patents.”

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Personality Rights IP Licensing Copyright 59

LexBlog IP

JULY 7, 2023

5] Prince used both photographs in his New Portraits series, which featured works that Prince created by copying and magnifying posts from Instagram (including “likes” and user comments), then adding a comment of his own. 22] The Court also clarified and arguably narrowed its decision in Campbell v. .”

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Fair Use Art Licensing Copyright Infringement 52

JIPL Online

APRIL 9, 2021

Basically, corporations must employ someone willing to scour the internet and report such infringing content by either filing Digital Millennium Copyright Act (DMCA) takedown notices, reporting such individual posts via the methods provided by social media platforms, or both. 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat?

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

SEPTEMBER 28, 2022

Starting from those technical definitions, the notion of portability made its way into the 2016 General Data Protection Regulation (GDPR). Think of social media or cloud storage services that involve uploading and sharing original texts, images, music or audio-visual clips. But often does not mean always!

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IP Contracts Social Media Copying 94

43(B)log

FEBRUARY 21, 2024

Facebook advertising for the 2014 app continued until 2016 or 2019 and remained available for download; even though the Pebble Watch was discontinued in late 2016, WCT’s principal testified that “there remains a loyal following among the Pebble Watch community.” But the app was not updated after 2016 and was removed from WCT’s website.

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Marketing Marketing Trademark Branding 59

The IPKat

MARCH 27, 2022

By 2016, employees of the House of Bruar were aware of Fairfax & Favor. Those conversations continued into 2016, but did not lead to sales. In 2016, the sales agent sent House of Bruar's ladieswear buyer (Mrs Meikle) a Fairfox & Favor brochure which included the Heeled Regina boot.

Designs 52

Designs Design Copying Art 52

IIPRD

FEBRUARY 8, 2024

Surveillance and analysis of IP-related activities on the internet, such as domain name registration, web crawling, social media monitoring, and online marketplace scanning which can help detect potential IP infringement cases, such as cybersquatting, phishing, counterfeiting, piracy, and plagiarism. 299, 33 I.L.M.

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Intellectual Property IP Government Technology 52

TorrentFreak

OCTOBER 26, 2021

In 2016, a series of impressive performances on Dancing With The Stars brought her into the mainstream and today she is reportedly making more by posting her racy images online than she ever did with the world’s premier martial arts organization. Paige Wants Personal Contact With Pirates. “It has come to the attention of Ms.

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Social Media Copyright Publishing Reporting 110

Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. You can judge for yourself by downloading a copy of “Jap Herron” here. This prompted a lawsuit by Don Post Studios, which asserted that the Cinema Secrets mask was a copy of its own mask.

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Copyright Cinema Copying Copyright Infringement 145

SpicyIP

DECEMBER 30, 2023

The judgement was passed collectively in an appeal against 4 orders (two impugning the 2016 Ericsson v. Controller General of Patents and Designs (passed on September 15), the Court clarified that the 2016 CRI Guidelines’ requirement of assessing the CRI in conjunction with novel hardware has now been removed from the 2017 CRI Guidelines.

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IP Copyright Trademark Intellectual Property 124

43(B)log

AUGUST 11, 2021

Courts don’t do really prong one beyond assessing access (not independently assessing copying). Prior attempts to measure tarnishment: Buccafusco et al 2016 focused on porn parodies, found burnishing except among very conservative consumers. Possibly related to internet adoption. Share of 9 th Circuit opinions also exploded in 2006.

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Trademark Copyright Branding Brands 72

LexBlog IP

APRIL 20, 2022

(For a more detailed discussion of these issues, you can also see Diane Nelson’s excellent article in The New York State Bar Association’s March/April 2022 Journal, entitled ‘ We’re Gonna Rock Down To’ Copyright Protection: The Unauthorized Use Of Popular Music In Political Campaigns During The Social Media Era).

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Intellectual Property Music Copyright Fair Use 52