Advertising, Copyright, Fair Use and Settlement

Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. IJR

Technology & Marketing Law Blog

FEBRUARY 12, 2024

Larry Philpot is a repeat copyright plaintiff. The IJR “article generated approximately $2 to $3 in advertising revenue for IJR based on the number of page views it received.” Nature of Use. “IJR has less of a case for ‘transformative’ use than the Andy Warhol Foundation did in Warhol.

Fair Use

Fair Use Licensing Copyright Marketing

5th Cir affirms fair use on a motion to dismiss, fee award to D

43(B)log

MARCH 1, 2022

He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees. The passage is “separately copyrighted,” by which I take it the court means “separately registered.” I hope it modifies the training program to talk about fair use!] Factor four favors fair use.

Fair Use

Fair Use Social Media Licensing Marketing

Text Written So Well That It Needs To Be Copied?

BYU Copyright Blog

SEPTEMBER 6, 2021

However, Lehren claims that it would characterize the copied text “as limited and immaterial[,]” and asserts that the, "copying falls within the Fair Use exception to infringement."Lehren Lehren asserts multiple affirmative defenses to Ivy's claims, including copyright misuse and unclean hands.

Copying

Copying Fair Use Advertising Advertising

SpicyIP Weekly Review (8 April- 14 April)

SpicyIP

APRIL 15, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the India- EFTA TEPA, AP High Court’s curious findings on fair use, and Delhi High Court’s order imposing INR 1 lakh as damages on Google for failing to disclose information about their corresponding foreign applications. Read on to know more.

Fair Use

Fair Use Licensing Trademark Patent Application

Book Review and Discount: Propriété intellectuelle et développement durable / Intellectual Property & Sustainable Development

The IPKat

MARCH 7, 2024

The Case of Upcycling”, Irene Calboli and Siroos Tanner address the IP dimension of upcycling and explore ways to prevent this environmentally friendly practice from being hindered by claims of potential trademark and copyright infringement. The analysis concludes with a review of recent US cases.

Intellectual Property

Intellectual Property False Advertising Editing Settlement

Jake Paul PPV Boxing Piracy Amnesty Misled The Public, Lawsuit Claims

TorrentFreak

FEBRUARY 1, 2024

After the H3 Podcast aired a short clip of the event on YouTube, featuring a fight that lasted just 119 seconds, Triller filed a copyright infringement lawsuit against creators Ethan and Hila Klein. Claire, sent a press release to various media outlets that advertised and promoted Triller’s amnesty program.

Copyright Infringement

Copyright Infringement Advertising Advertising Copyright

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

Technology & Marketing Law Blog

DECEMBER 15, 2021

A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. The DMCA’s main counterbalance to copyright owner overreach was supposed to be 512(f).

Registration

Registration Fair Use Copyright Designs

IT’S THE COPYRIGHT INFRINGEMENT FOR ME: WHY CLAIMS AGAINST MEME CONTENT SHOULD NOT MATTER

JIPL Online

APRIL 9, 2021

Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] ii] Existing copyright law is ineffective in its application to new forms of digital media. i] Memes are also a form of communication that distinguishes generations.

Copyright Infringement

Copyright Infringement Copyright Intellectual Property Blogging

Fair Use Protects High School’s Use of Inspirational Meme–Bell v. Eagle Mountain School District

Technology & Marketing Law Blog

MARCH 3, 2022

Bell has separately registered a copyright in the passage. Bell has filed at least 25 copyright lawsuits. The school moved to dismiss on fair use grounds, and the district court granted the motion and awarded attorneys’ fees to the school. (I Nature of the Use. Bell published a short book in 1982.

Fair Use

Fair Use Litigation Marketing Marketing

IP and NFTs: Where are We?

LexBlog IP

SEPTEMBER 15, 2022

Indeed, the directors of the US Patent and Trademark Office and US Copyright Office are in the process of conducting a joint study to untangle the various interests at play, having promised Sens. On September 8, 2022, the parties filed a notice of settlement. Roc-A-Fella Records, Inc. Dash , Case No. 1:21-cv-05411, U.S.

IP

IP Non-Fungible Tokens Artwork Intellectual Property

USC IP year in review, TM/ROP

43(B)log

OCTOBER 4, 2021

For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about false advertising. The court or appeals also commented that relying on IIC might change the available damages and relief—but how exactly?

IP

IP Trademark Advertising Advertising

Inside Donald Trump’s Super-Secret Copyright Defense

Copyright Lately

OCTOBER 23, 2023

Trump is actively litigating a copyright infringement lawsuit over the Eddy Grant song “Electric Avenue” while trying to keep relevant deposition testimony in the case permanently under seal. ” So much for Trump having a basic understanding of copyright law. 14· · · · · Q.· ·Mr. 17· · · · · A.· ·I I don’t know.·

Copyright

Copyright Fair Use Music Copyright Infringement

27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA: Panel 2: Will the DSA Achieve a “Brussels Effect”?

43(B)log

APRIL 7, 2023

Moderator: Martin Senftleben, University of Amsterdam Copyright Law and/or/vs. copyright: (1) Food/chemicals (physicality, unlike ©; easy to establish stringent rules b/c it’s allowed v. 3) competition and (4) digital economy—copyright is potentially an aspect of both of those; DSA also relevant. Copyright holders/fair users?

Art

Art Copyright Settlement Moral Rights

[Guest post] Does election rhyme with copyright protection?

The IPKat

DECEMBER 9, 2022

Here’s what they write: Does election rhyme with copyright protection? Dear Katreaders, hold on tight and brace yourselves for a very technical and legal analysis of the legal use of copyright works in political campaigns. The Danish liberal party “Venstre” had used Laid Back’s hit “ Sunshine Reggae ” in their campaign.

Copyright

Copyright Music Fair Use Settlement

Intellectual Property Pulse

Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. IJR

5th Cir affirms fair use on a motion to dismiss, fee award to D

Trending Sources

Text Written So Well That It Needs To Be Copied?

SpicyIP Weekly Review (8 April- 14 April)

Book Review and Discount: Propriété intellectuelle et développement durable / Intellectual Property & Sustainable Development

Jake Paul PPV Boxing Piracy Amnesty Misled The Public, Lawsuit Claims

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

IT’S THE COPYRIGHT INFRINGEMENT FOR ME: WHY CLAIMS AGAINST MEME CONTENT SHOULD NOT MATTER

Fair Use Protects High School’s Use of Inspirational Meme–Bell v. Eagle Mountain School District

IP and NFTs: Where are We?

USC IP year in review, TM/ROP

Inside Donald Trump’s Super-Secret Copyright Defense

27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA: Panel 2: Will the DSA Achieve a “Brussels Effect”?

[Guest post] Does election rhyme with copyright protection?

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