JIPL Online

MARCH 15, 2021

3] The suit alleged that Sherlock Holmes’ character traits of warmth and empathy were copied and not yet in the public domain, as these traits only developed in later works that are still protected by copyright. [4] 18] Netflix admitted it had access to and copied the memoir. [19] 5] Netflix and the estate quickly settled. [6].

Copyright Infringement 98

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Technology & Marketing Law Blog

OCTOBER 17, 2023

“Kiwi Farms users provided a Google Drive link to a full copy of Mr. Greer’s book.” The court says these allegations are sufficient for direct copyright infringement: Mr. Greer alleged he discovered the book “had been illegally put onto Kiwi Farms” in January 2018. ” Greer emailed Moon asking to remove the book.

Copyright Law 95

Copyright Law Copyright Law Copyright Infringement 95

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

Fair Use 95

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TorrentFreak

MAY 8, 2023

Adjusted for inflation, imported Japanese N64s changed hands for the equivalent of $1,400 in today’s money; a copy of Super Mario 64? Imported into the gray market in Europe, US cartridges were cheaper than their Japanese counterparts. A snip at $165. An emulator reference, presumably.

Copying 121

Copying Copyright Licensing Fair Use 121

LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts. We were not aware that the image may have been created by AI” 2.

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IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. 1258, (2023).

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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 96

43(B)log

JUNE 26, 2023

16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. Although the court is quite careful, this does seem to be TM/market analysis creeping into copyright.] So they’re in the same online video market. A&E Television Networks, LLC v.

Social Media 59

Social Media Copying Fair Use Advertising 59

IPilogue

AUGUST 3, 2021

Though mass-marketed in a $2 million promotional campaign , Earthbound failed replicate its Japanese success in North America. Copies of the game along with a gamer’s guide packaged in special extra-large cardboard boxes sat unsold on shelves for months. History of Earthbound. This type of video documentation is called “Let’s Play”.

Copyright 112

Copyright Music Licensing Copying 112

JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. ix] Just a brief glimpse at a meme can demonstrate just how little copyright protected material is used. [x] 29, 2013), [link]. [ii]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

LexBlog IP

OCTOBER 25, 2023

As the District Court noted: When Dorland read an online version of The Kindest in 2018, she noted the similarities between her letter and the letter in the story. They also resulted in the Boston Book Festival cancelling its annual One City, One Story event, which had planned to feature The Kindest in 2018. ” Id.

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Velocity of Content

DECEMBER 6, 2023

Copyrighted materials are licensed for AI use directly by rightsholders and collectively through rights aggregators such as CCC. Our current AI-related offerings are focused on the corporate, research, academic and education markets. law has no specific rules governing the use of copyrighted materials to train AI. TVEyes, Inc.,

Copyright 98

Copyright Fair Use Licensing Copying 98

SpicyIP

OCTOBER 27, 2023

False urgency is a marketing tactic that creates a false sense of scarcity to pressure consumers into making a purchase, often resulting in dark patterns, limited stock, and unexpected delivery. The DoCA had illustrated 10 practices as dark patterns. They are: 1.

Intellectual Property 52

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Technology & Marketing Law Blog

MARCH 29, 2023

On June 4, 2018, Oppenheimer found his image on Prutton’s website. Prutton admitted to copying and said that his adult daughter had helped him with his website. (A The claim says hat infringement is ongoing from 2018-present, even though the photo was removed in 2019. Third, Prutton uses the whole image. 2020), cert.

Blogging 95

Blogging Fair Use Copyright Copyright Notice 95

Kluwer Copyright Blog

AUGUST 7, 2023

An example would be an artist copying a previous painting and merely altering the colors to pass it off as a new creation. In the United States, the Copyright Act outlines the concept of fair use – situations where usage does not require authorization. In the case at stake, the U.S.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. GitHub (Guest Blog Post) appeared first on Technology & Marketing Law Blog. 22-cv-7074-JST, ECF No. Corelogic, Inc. , 3d 666, 671 (9th Cir.

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LexBlog IP

JANUARY 5, 2022

Maclean Hunter Market Reports, Inc., 339, 347 (1908) (recognizing that copyright “is an exclusive right to the multiplication of the copies, for the benefit of the author or his assigns, disconnected from the plate, or any other physical existence. .’” Creel, supra , at 31(citing Patlex ). See CCC Info. 1073 (2019).

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

Kluwer Copyright Blog

JANUARY 20, 2022

This news channel had used the (open source) NASA video for its own news video and ended up raising unjustified claims against other copies on YouTube, including NASA’s original video. We are naturally drawn to extreme examples, and they are so easy to recall”, says Hans Rosling in his book Factfulness (2018, p.

Reporting 98

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SpicyIP

DECEMBER 30, 2023

The dispute arose because Oppo did not pay royalties to Nokia for using its SEPs after the expiration of their agreement in 2018 and went on to sell their handsets using Nokia’s SEPs in India. On March 13, the Delhi High Court granted an ex parte interim injunction in Markets and Markets Research Pvt.

IP 124

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Copyright Lately

MARCH 6, 2023

There’s a fair amount to unpack here, so let’s start with the facts, which I’ve compiled from my review of court files in both New York and California. The Sixth Circuit ruled in Balsley’s favor, rejecting Hustler ‘s fair use defense. Virtuoso). .” LFP , Inc. ,

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Copyright Derivative Work Fair Use Social Media 79