2017, Fair Use, Marketing and Ownership - Intellectual Property Pulse

512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Zoox

Technology & Marketing Law Blog

AUGUST 16, 2023

This paradigm, however, breaks down when copyright ownership is contested. In that circumstance, the takedown notice becomes a proxy battle for a larger and likely fact-dependent war over ownership, which the service in the middle isn’t in a good position to resolve. Benjamin * How Have Section 512(f) Cases Fared Since 2017?

Ownership

Ownership Cease and Desist Fair Use Copyright

512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. McCandless

Technology & Marketing Law Blog

DECEMBER 5, 2022

Case Citation : Digital Marketing Advisors v. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Weiner. * Fair Use – It’s the Law (for what it’s worth)–Lenz v.

Marketing

Marketing Marketing Cease and Desist Fair Use

Andy Warhol, Prince, and the First Amendment: U.S. Supreme Court Grants Review of Questions Concerning “Fair Use” Under Copyright Act

LexBlog IP

APRIL 18, 2022

Supreme Court recently granted a petition for writ of certiorari (docket, here ) to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. When Prince died in 2016, Vanity Fair’s parent company sought permission from the Andy Warhol Foundation for the Visual Arts, Inc.

Fair Use

Fair Use Copyright Art Copyright Law

You’re a Fool if You Think You Can Win a 512(f) Case–Security Police and Fire Professionals v. Maritas

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership. BONUS 2: Barz Adventures Inc.

Fair Use

Fair Use Cease and Desist Contracts Ownership

Satirical Depiction in YouTube Video Gets Rough Treatment in Court

Technology & Marketing Law Blog

AUGUST 8, 2021

Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use. The Crony graphic also doesn’t qualify for fair use: Nature of Use. ” Market Effect. ” Amount Taken.

Fair Use

Fair Use Television Cease and Desist Copyright

Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps

Technology & Marketing Law Blog

APRIL 29, 2023

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin * How Have Section 512(f) Cases Fared Since 2017? Federici * Biosafe-One v.

Fair Use

Fair Use Cease and Desist Copyright Trademark

512(f) Doesn’t Restrict Competitive Gaming of Search Results–Source Capital v. Barrett Financial

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Prior Posts on Section 512(f) * 512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use

Fair Use Cease and Desist Copyright Ownership

Another 512(f) Claim Fails–Moonbug v. Babybus

Technology & Marketing Law Blog

MARCH 6, 2022

“Plaintiff’s takedown letters and supporting document establish facially plausible claims of infringement, and Babybus does not allege a plausible basis for a fair use defense.” Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use

Fair Use Cease and Desist Copying Copyright Infringement

Anti-Circumvention Takedowns Aren’t Covered by 512(f)–Yout v. RIAA

Technology & Marketing Law Blog

OCTOBER 4, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici. * Biosafe-One v.

Cease and Desist

Cease and Desist Fair Use Copyright Blogging

Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Chen

Technology & Marketing Law Blog

MARCH 15, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici. * Biosafe-One v.

Copyright

Copyright Fair Use Cease and Desist Litigation

11th Circuit UPHOLDS a 512(f) Plaintiff Win on Appeal–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

AUGUST 18, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici. * Biosafe-One v.

Fair Use

Fair Use Cease and Desist Copyright Blogging

Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)

Technology & Marketing Law Blog

MARCH 29, 2023

It took eight months, but the ownership question of the photographs has been settled. However, it is not what I expected for the first case to be finally determined: Section 512(f) and an ownership dispute between former business partners. The picture at issue was taken in 2017, and was registered with the U.S. 2020), cert.

Blogging

Blogging Fair Use Copyright Copyright Notice

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

Technology & Marketing Law Blog

DECEMBER 15, 2021

The court also credits the self-serving claim by the successor licensee that it considered fair use by comparing the works and evaluating if the works were being sold commercially or for other purposes. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? in damages stemming from Defendants’ violations of the DMCA.

Registration

Registration Fair Use Copyright Designs

Algorithmic propagation: do property rights in data increase bias in content moderation? – Part II

Kluwer Copyright Blog

JUNE 9, 2022

In interpreting these provisions, the Commission’s Guidance (COM/2021/288 final) states that information is considered “relevant” if it is at least “accurate about the rights ownership of the particular work or subject matter in question”. fingerprinting” and “metadata-based solutions”).

Technology

Technology Marketing Marketing Copyright

A Look Back at India’s Top IP Developments of 2023

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP

IP Copyright Trademark Intellectual Property

“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey’s Reaction To Sovereign Immunity, Intellectual Property, & Takings

LexBlog IP

JANUARY 5, 2022

26 , rejected the claim that taking away, or ignoring, the ability-to-control indicia of ownership amounts to a taking: Similarly, property rights, including copyright, have been described as ownership of a bundle of rights or interests. 1933, 1942 (2017) (citing Chicago Burlington & Q.R.C. Nation Enters., 2218, 85 L.Ed.2d

Intellectual Property

Intellectual Property Government Invention Copyright

WIPIP SESSION 9.B. — Copyrights

43(B)log

FEBRUARY 22, 2021

Actors are disintegrated from the Hollywood system they used to live under but have basically no © power—so how do they fit in? Composers may have broadened composition styles in response to ©/market participation. [In Pezza: Civil law legal systems don’t require fixation; UK CDPA requires works to be “recorded”; US requires fixation.

Copyright

Copyright Art Copying Editing

Intellectual Property Pulse

512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Zoox

512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. McCandless

Trending Sources

Andy Warhol, Prince, and the First Amendment: U.S. Supreme Court Grants Review of Questions Concerning “Fair Use” Under Copyright Act

You’re a Fool if You Think You Can Win a 512(f) Case–Security Police and Fire Professionals v. Maritas

Satirical Depiction in YouTube Video Gets Rough Treatment in Court

Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps

512(f) Doesn’t Restrict Competitive Gaming of Search Results–Source Capital v. Barrett Financial

Another 512(f) Claim Fails–Moonbug v. Babybus

Anti-Circumvention Takedowns Aren’t Covered by 512(f)–Yout v. RIAA

Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Chen

11th Circuit UPHOLDS a 512(f) Plaintiff Win on Appeal–Alper Automotive v. Day to Day Imports

Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)

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

Algorithmic propagation: do property rights in data increase bias in content moderation? – Part II

A Look Back at India’s Top IP Developments of 2023

“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey’s Reaction To Sovereign Immunity, Intellectual Property, & Takings

WIPIP SESSION 9.B. — Copyrights

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