Technology & Marketing Law Blog

JULY 12, 2022

For what it’s worth, this year I’ll teach the course in Spring 2023 instead of Fall 2022). e-personation case (an edge case from a different era), and the decade-old social media e-discovery cases (mainstream CivPro by now). Taylor about true threats on social media. Note About Fair Use.

Editing 137

Editing Law Social Media Privacy 137

LexBlog IP

NOVEMBER 29, 2023

18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked. In Cramer v. Netflix, Inc. ,

Fair Use 52

Fair Use Cease and Desist Social Media Art 52

43(B)log

MAY 19, 2023

2023 WL 2433970, -- F. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. Roblox Corp. 22-cv-04476-SI (N.D.

Copying 94

Copying False Advertising Social Media Advertising 94

Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. The court held that the photographer, and not the group or other members, held the copyright, so the group’s posting of the photos to social media could infringe.

Copyright 124

Copyright Fair Use Licensing Ownership 124

Kluwer Copyright Blog

OCTOBER 3, 2023

It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). 2000) (“ copying an entire work militates against a finding of fair use. ”).

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Fair Use Privacy Copyright Technology 132

Technology & Marketing Law Blog

AUGUST 29, 2022

While that is pretty sweet, I will pay for it next year when I teach Internet Law in both Spring and Fall 2023. [FN: 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Blog Posts.

Editing 85

Editing Social Media Blogging Advertising 85

Technology & Marketing Law Blog

APRIL 3, 2023

During oral arguments at the Supreme Court on March 22, 2023 in Jack Daniel’s Properties, Inc. Professor Farley and I propose a trademark fair use defense that would apply to any informational or expressive use of language or designs claimed by another as a mark in connection with any goods or services.

Blogging 98

Blogging Trademark Fair Use Trademark Law 98

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.

Copyright 145

Copyright Art Fair Use Registration 145

43(B)log

JUNE 26, 2023

Big Fish Entertainment, LLC, 2023 WL 4053871, No. 16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. 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.” I’m confused.

Social Media 59

Social Media Copying Fair Use Advertising 59

LexBlog IP

OCTOBER 25, 2023

Dorland counterclaimed for copyright infringement, claiming that Larson’s use of Dorland’s letter was a violation of intellectual property law. The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before. That question recently arose in Sonya Larson v.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

Technology & Marketing Law Blog

AUGUST 1, 2023

Instagram, LLC , 2023 WL 4554649 (9th Cir. July 17, 2023). In other words, the gist of the case is whether the photographers surrender their right to exclude others by voluntarily posting their own photos to social media. The question is whether the same is true as a legal matter.) 3d at 1160. 3d at 1168.)

Blogging 93

Blogging Copying Social Media Copyright 93

Copyright Lately

MAY 1, 2023

billion in the first quarter of 2023 , largely driven by successful releases from Morgan Wallen, Taylor Swift, and the aforementioned Drake. Companies have to obtain permission and execute a license to use copyrighted content for AI training or other purposes, and we’re committed to maintaining these legal principles.”

Music 86

Music Copyright Copying Copyright Law 86

43(B)log

JUNE 30, 2023

Eleonora Rosati: EU Parliament wants to get AI Act to finish line in 2023. His view: some recommender systems should be prohibited AI, if social media use is addictive. Samuelson: but they’re demanding control of the input in the US, not the output (unless it is infringing in the conventional sense). What do we do?

Law 60

Law Licensing Social Media Copying 60

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. These motions were decided in an opinion issued by District Judge John Koeltl on March 24, 2023. Instead, IA argued that its conduct was protected by fair use.

Fair Use 72

Fair Use Copying Publishing Copyright 72

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet.

Copyright 128

Copyright Ownership Social Media Licensing 128

Technology & Marketing Law Blog

MAY 18, 2023

Today was the 2023 Super Bowl of Internet Law at the U.S. Google cases (as well as decisions in the Warhol copyright fair use case and the Amgen patent enablement case). Supreme Court [FN]. SCOTUS issued two eagerly awaited decisions in the Twitter v. Taamneh and Gonzalez v. Twitter, Inc. Taamneh , No.

Social Media 135

Social Media Law Fair Use Blogging 135

Technology & Marketing Law Blog

AUGUST 7, 2023

I’m pleased to announce the 2023 edition (14th edition) of my Internet Law casebook, Internet Law: Cases & Materials. Copyright Copyright Basics (Copyright Office Circular 1) Note About Fair Use Cartoon Network v. Social Media People v. All printed versions come with a free PDF on request.] Hamidi (Cal.

Editing 52

Editing Law Contracts Privacy 52

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

IP 109

IP Copyright Trademark Intellectual Property 109

SpicyIP

NOVEMBER 19, 2023

Filo Edtech Inc vs Union Of India & Anr on 16 November, 2023 (Delhi High Court) A Single Judge Bench of the Delhi High Court re-notified the matter for further hearing on November 21. The defendant argued that since the plaintiff’s work was exhibited in public its reproduction will fall under the ambit of fair use.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. A trial is set to begin February 28, 2023.

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Non-Fungible Tokens Social Media Contracts Branding 52

43(B)log

JULY 21, 2023

2:20-cv-01344-JAD-VCF , |2023 WL 4636917 ( D. 19, 2023) In what seems likely a missed opportunity due to insufficient investment in the defense, the court grants summary judgment against an argument that “Taser” is generic (quick quiz before reading further: what is the generic name for a Taser device?) But is it a nominative fair use?

False Advertising 52

False Advertising Advertising Advertising Social Media 52

Technology & Marketing Law Blog

JUNE 21, 2023

In its June 8, 2023 opinion written by Justice Kagan, a unanimous Court declined to decide whether it is ever appropriate to apply the Rogers test—or any threshold First Amendment filter—in a trademark infringement lawsuit before allowing the case to “proceed to the Lanham Act’s likelihood-of-confusion inquiry.” Redbubble, Inc. ,

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. The defendants are liable for damages because their fair use defense comprehensively fails.

Fair Use 82

Fair Use Cease and Desist Social Media Copyright Infringement 82

Technology & Marketing Law Blog

JANUARY 24, 2023

As bad as 2022 was, 2023 will be worse. and 2023 could officially mark the conclusion of that era. Two recent key developments were the Digital Markets Act and the Digital Services Act. The opinion upheld every aspect of Texas’ social media censorship law. ” A constitutional challenge has been filed.]

Law 110

Law Social Media Government Privacy 110