Copyright Lately

SEPTEMBER 26, 2022

That order actually topped my list of the 5 Worst Copyright Decisions of 2020 because, by sending the case to a jury, the court effectively ruled that anyone with a tattoo is not in control of the uses to which his or her likeness is put. Implied License and Fair Use Are the Key Remaining Defenses. There’s a lot at stake.

Fair Use 87

Fair Use Licensing Ownership Copying 87

43(B)log

JUNE 26, 2023

In 2020, as America reckoned with police brutality after the death of George Floyd, the show was taken off the air.” Media critics allegedly readily observed that the new show was “a clone of A&E’s Live PD,” and that “On Patrol: Live is Live PD.” Fan reactions on social media included “Ok. I’m confused. I missed it!”

Social Media 59

Social Media Copying Fair Use Advertising 59

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. Anthony, 2020 WL 11206863 (N.D. OK, I guess, but this is a reminder of how hard it is to win 512(f).

Registration 108

Registration Fair Use Copyright Design 108

43(B)log

MAY 2, 2022

In 2020, WGACA added the disclaimer: “WHAT GOES AROUND COMES AROUND IS NOT AN AUTHORIZED RESELLER NOR AFFILIATED WITH ANY [sic] THE BRANDS WE SELL.” WGACA also advertises its products using a combination of its marks and the marks of all of the luxury fashion houses that it sells. Nominative fair use factors: Also for a factfinder.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Technology & Marketing Law Blog

DECEMBER 11, 2021

In the wake of the 2020 Lukis v. For example, if a third-party poster copies a newspaper article and posts it to their social media page, the court implies that the social media service can never assert Section 230 protection for that article–even if the third-party poster isn’t infringing copyright because of, say, fair use.

Advertising 87

Advertising Advertising Social Media Blogging 87

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] 277 (2020). [iv]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Technology & Marketing Law Blog

AUGUST 1, 2023

In 2020, BuzzFeed “embedded” one of Hunley’s Instagram posts, featuring one of her photos of a Black Lives Matter protest, in its entirety (again, preserving her username, caption, and hashtags). The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use.

Blogging 93

Blogging Copying Social Media Copyright 93

Copyright Lately

APRIL 3, 2023

The future of “controlled digital lending” is in doubt after a court rules that the Internet Archive’s online library is not protected by fair use. In March 2020, the Covid-19 pandemic closed libraries nationwide and, by IA’s estimate, took 650 million print books out of circulation.

Fair Use 72

Fair Use Copying Publishing Copyright 72

Technology & Marketing Law Blog

JULY 5, 2021

Some interesting discussion on the use of Google and Twitter to determine genericness: Plaintiffs also offered evidence of Google searches and social media mentions on Twitter to support their position that PRETZEL CRISPS is not generic. A company used [competitortrademark].com Whole Foods Market Service, Inc.,

IP 84

IP Social Media Fair Use Branding 84

IP and Legal Filings

SEPTEMBER 30, 2022

In addition to supporting gaming and social media, the Metaverse combines sectors of the economy, digital identity, decentralized democratic accountability, and other applications. Instead of shipping the product itself, which is regularly traded in the market among consumers after each sale, users can easily sell and transfer an NFT.

Trademark 52

Trademark Ownership Branding Brands 52

Technology & Marketing Law Blog

JUNE 21, 2023

While the Court did not disapprove of application of the Rogers test, it also did not approve of use of this speech-protective test (unlike the Congressional members of the House Judiciary Committee: see the “Balancing First Amendment concerns” section of the legislative history for the Trademark Modernization Act of 2020 ).

Trademark 96

Trademark Blogging Trademark Law Fair Use 96

TorrentFreak

SEPTEMBER 15, 2024

As Donald Trump used every available resource to ensure his tenancy at the most recognizable house in the United States was extended, some social media platforms had adopted an unorthodox approach to his accounts. Or even negotiating the terms of the settlement Grant offered in August 2020 before filing the lawsuit.

Fair Use 82

Fair Use Cease and Desist Social Media Copyright Infringement 82

The IPKat

JULY 7, 2024

case concerning the creation and dissemination of a meme on social media saw the Court of Appeals clarify that “the fact that everyone else is doing it is not a particularly compelling justification” for the fair use doctrine under 17 U.S.C. § Now, adding one more nail to the coffin of the #SaveOurMemes movement, a U.S.

Fair Use 70

Fair Use Social Media Privacy Copyright 70

Copyright Lately

SEPTEMBER 13, 2024

Trump’s fair use argument fails as the musician wins a copyright battle over the unlicensed use of “Electric Avenue” in a viral video from the 2020 campaign. Second, he rejected Trump’s fair use defense as a matter of law. The court’s ruling is below.

Fair Use 130

Fair Use Copyright Cease and Desist Music 130

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function.

IP 94

IP Trademark Advertising Advertising 94

Copyright Lately

MARCH 6, 2023

Coakley’s Certificate of Engagement (from court files) Allegations of On-Set Misconduct Emerge Runt premiered at the Mammoth Film Festival in February 2020 , where the film took home the festival’s Audience Award for Best Feature Film. The Sixth Circuit ruled in Balsley’s favor, rejecting Hustler ‘s fair use defense.

Copyright 80

Copyright Derivative Work Fair Use Social Media 80

LexBlog IP

APRIL 20, 2022

As described here in a previous post: The United States Court of Appeals for the Second Circuit rejected an artistic intent or purpose test for fair use on March 26, 2021, in The Andy Warhol Foundation v. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. 2020-2205, slip op.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52

Technology & Marketing Law Blog

JANUARY 27, 2022

First, governments can never successfully operate a social media service. Of course, mobs, riots, rebellions, pogroms, lynchings, and other coordinated killings have taken place throughout human history, well before social media existed. social media has played an outsized role in finding and prosecuting the insurrection.

Social Media 122

Social Media Law Privacy Government 122

Copyright Lately

SEPTEMBER 2, 2024

Then, on Friday, September 6, Trump’s team will appear in a New York courtroom to argue a summary judgment motion over their use of Eddy Grant’s 1983 anthem “Electric Avenue” in a video that dates back to the 2020 campaign. Eddy Grant, Photo by Stuart Sevastos, modifications by Austin512, CC BY-SA 2.0

Copyright 97

Copyright Fair Use Music Social Media 97

Technology & Marketing Law Blog

SEPTEMBER 14, 2024

Scavino testified that he saw the Video on a Trump supporter’s social media page either on the same day or the day before he posted the Tweet. … The plaintiffs allege that the Video was a campaign video attempting to denigrate the Democratic Party’s 2020 nominee, Current President Joseph Biden. .”…

Fair Use 77

Fair Use Social Media Marketing Marketing 77

Technology & Marketing Law Blog

JANUARY 24, 2023

Two recent key developments were the Digital Markets Act and the Digital Services Act. On the heels of the mandatory editorial transparency provisions in Florida and Texas’ social media censorship laws, the California legislature thought it could one-up those states by passing a law with at least 161 different disclosure requirements.

Law 110

Law Social Media Government Privacy 110