Remove 2020 Remove Advertising Remove Contracts Remove Fair Use
article thumbnail

New(s) Questions and Fair Use: Using Copyright to Curtail Expression?

SpicyIP

You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? It was however terminated at the instance of the Defendant with effect from 1 st August 2020. In response the Defendant claimed, “ fair use” and “ de minimis” use. Akshat Agrawal.

Fair Use 116
article thumbnail

X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Technology & Marketing Law Blog

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well. In 2022, in ML Genius v.

Blogging 127
Insiders

Sign Up for our Newsletter

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

article thumbnail

WIPIP 2022, Session 3 (ROP/TM, (c) fair use)

43(B)log

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Does it work differently in the US where there is a separate ROP? When, how and why would you seek permission to use persona.

article thumbnail

YouTubers Must Pay $3.5m Damages For Uploading 10-Minute Movie Edits

TorrentFreak

Japan does not recognize fair use and even if it did, experts predicted that ‘Fast Movies’ would still cross red lines. People generating advertising revenue from ‘Fast Movies’ certainly wouldn’t improve things either.

Editing 137
article thumbnail

This Blog Has Jumped the Shark: I’m Covering a Copyright Opinion About a Tattoo of Tiger King’s Joe Exotic–Cramer v. Netflix

Technology & Marketing Law Blog

In the early days of the pandemic, tattoo artist Cramer created this tattoo and tattooed it onto her husband: The tattoo depicts Joe Exotic of Tiger King “fame,” a can of Lysol, some coronaviruses, and the words “Quarantine 2020.” Instead, she gets a 12(b)(6) dismissal based on fair use. Or the $50k.

article thumbnail

My “Summer” 2022 Activities

Technology & Marketing Law Blog

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). I posted a chapter from the book: Online Contracts. Blog Posts.

Editing 91
article thumbnail

SpicyIP Weekly Review (August 23 – 29)

SpicyIP

Domex Advertisement: Product Disparagement or Nominative Fair Use? In this guest post , Pragya Jain offers an independent analysis of the law in relation to comparative advertising and nominative fair use and applies it to analyse a recent YouTube commercial by Domex, a Hindustan Unilever Ltd. Other posts.