Technology & Marketing Law Blog

OCTOBER 6, 2022

Last week, an Illinois jury awarded tattoo artist Catherine Alexander $3,750 in damages at the conclusion of a copyright infringement trial. 2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use.

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JIPL Online

MARCH 15, 2021

With more content comes the increased possibility that Netflix is engaging in copyright infringement and on the receiving end of copyright infringement claims. [1] 1] This blog will briefly summarize a few of the notable copyright infringement cases Netflix has defended against in the United States.

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LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Goldsmith counterclaimed for copyright infringement. It found that all four fair use factors weighed against fair use. [12]

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Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. Percentage of Original Material Used.

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Biswajit Sarkar Copyright Blog

JULY 19, 2022

What is copyright infringement? Unauthorized use of a work protected by copyright is referred to as copyright infringement. In this blog we will take a look at best practices to avoid copyright infringement. The Purpose of copyright. How to prevent copyright infringement.

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IPilogue

NOVEMBER 11, 2021

This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very first international speaker from outside the United States. It wasn’t until the late 1900s that courts in the UK began to recognize a problem with the tendency towards legal copyright.

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BYU Copyright Blog

SEPTEMBER 6, 2021

In our June 6, 2021, blog post we reported on a lawsuit between two companies that guide prospective college students in their application process. On June 13, 2021, Lehren filed its Answer wherein it admitted that it “copied a limited amount of text.” Plaintiff Ivy Coach, Inc. (“Ivy”)

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Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Although privacy invasion has been the main topic of discussion in this virtual context, there is another issue at hand: copyright infringement. The rights of speakers, organisers, and participants under Indian copyright law will be discussed in this Article, which will explore copyright concerns connected to webinars.

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IPilogue

OCTOBER 26, 2021

The decade-long dispute between Google and Oracle over computer code’s copyrightability finally came to an end on April 5, 2021. It is composed of two phases centering on two legal issues that were trialed separately—the copyrightability of APIs and the fair use doctrine. Oracle appealed successfully.

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IPilogue

SEPTEMBER 29, 2021

The legal question at the center of the dispute is whether Warhol’s series is fair use of Goldsmith’s original photograph. A permissible derivative creation, or fair use, requires transformative changes made to the original. The trial judge John G. The implication of the result will be far-reaching.

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Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. A copyright is a right against the world.

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IPilogue

OCTOBER 1, 2022

Typically, tattoo aftercare instructions include strictly hygienic recommendations, but tattoo artist Kat Von D might have a unique suggestion: prepare to be an exhibit in a copyright infringement lawsuit. for copyright infringement under the Copyright Act of 1976. Sedlik (“Sedlik”) filed a complaint in the U.

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Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? The court then moves on to consider Viacom’s copyright infringement claim.

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IPilogue

FEBRUARY 28, 2023

De Fontbrune held the position that the estate did not have the power to approve such use. At the request of De Fontbrune , in 1998, the police confiscated copies of Wofsy’s book, and De Fontbrune sued for copyright infringement. The plaintiffs argued that the book has a commercial purpose, which weighs against fair use.

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Technology & Marketing Law Blog

MARCH 6, 2022

Babybus runs a competitive channel that Moonbug believes infringes its copyrights. An example: Moonbug submitted takedown notices to YouTube covering at least 70 videos and sued Babybus for copyright infringement. Babybus counterclaimed for 512(f). The court dismisses Bbybus’ counterclaims. Alper Automotive v.

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IPilogue

DECEMBER 9, 2022

In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of the tattoos. was released. Citing Muhammad-Ali v.

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JIPL Online

APRIL 9, 2021

Thus, copyright enforcement mechanisms are out of their league, so to speak, with respect to their application in this new digital world. With this brief background in mind, this blog post explores the implications of copyright protection of memes. Costs Versus Benefits of Copyright Protection. LAW AND ECONOMICS.

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Technology & Marketing Law Blog

JUNE 2, 2022

” As for whether the tattoo is substantially similar to the copyrighted elements of the photo, the court sends the issue to the jury. Nature of Use. “Von D presumably did not need to copy the pose from the Portrait in order express a sentiment of melancholy.” This factor weighs against fair use.

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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. July 17, 2023).

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LexBlog IP

APRIL 18, 2023

Today’s post revisits something discussed several years ago on this blog: fair use. As a quick TL;DR to those previous posts, fair use is a defense to copyright infringement claims for a use of a copyrighted work that would otherwise be considered infringement.

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Technology & Marketing Law Blog

AUGUST 8, 2021

The Television Academies sued Goodman for copyright infringement, trademark infringement and dilution, and defamation. Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use.

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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.” Greer sued Moon and Kiwi Farms for contributory copyright infringement and other claims. The district court dismissed the contributory claim because the defendants didn’t materially contribute to the infringement.

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Technology & Marketing Law Blog

OCTOBER 26, 2021

The proposal, manuscript, and 2 photos were previously unpublished and not registered; the other 20 photos were covered by a copyright registration. She sent takedown notices to the blog’s “registrar” (this is the court’s word), GoDaddy, which GoDaddy honored. The bloggers countered with fair use.

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TorrentFreak

MAY 26, 2023

The number of removals runs in the hundreds of thousands during a typical month, without getting noticed by the public at large, but if Instagram users continue to post copyright infringing content, they risk losing their accounts. Alternatively, they may be classified as fair use.

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Technology & Marketing Law Blog

AUGUST 12, 2021

Under the Copyright Act, display. means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.”. Fair use : The court also grapples with fair use.

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Technology & Marketing Law Blog

OCTOBER 4, 2022

[I’ll blog the Supreme Court’s cert grant in Gonzalez v. One weird piece: the court implies that a copyright owner can enforce violations of access control limits deployed by third parties, i.e., RIAA could sue Yout for Yout’s violation of YouTube’s access control technology. Google probably later this week.].

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IP Tech Blog

AUGUST 15, 2022

copyright infringement by MoneyBags). Then, the court must balance the equities by weighing the potential harm to the party seeking disclosure against the speaker’s interest in anonymity, in light of the strength of the underlying copyright infringement claim. If the use is fair, it is not infringement.

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Plagiarism Today

JULY 8, 2021

If @GitHub (Microsoft) truly believes copilot isn't infringing on anyone's work, I want to offer them a chance to prove it: I'll donate $50k to a charity of their choice (or @EFF if we can't agree) if they release a Copilot version trained solely on Windows kernel source. Is it so short that its use is a fair use?

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Technology & Marketing Law Blog

APRIL 6, 2022

This is a summary judgment ruling in a case where a photographer (McGucken) argues that embedding by a third party (Newsweek) of a photo posted to Instagram is an unauthorized display and therefore infringing. Blog post on the prior ruling here.). Fair use is also an issue best left for trial : Newsweek also argued fair use.

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Technology & Marketing Law Blog

JULY 5, 2022

” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ). ” For example, when speakers have made many posts against multiple targets, and the alleged infringement would expose the author indiscriminately. Nature of the use.

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Technology & Marketing Law Blog

SEPTEMBER 18, 2021

In a weird turn, the plaintiffs only pursued a contributory copyright infringement theory against Instagram, where the incorporating websites are the direct infringers and Instagram facilitates their infringement. Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act. Breitbart News.

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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).

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IPilogue

DECEMBER 20, 2021

While most creators support fandoms, with some even regularly appearing at fan conventions , the line between appreciating a creator’s work and copying can be blurred. What may seem like a harmless activity in the spirit of fandom can at times give rise to copyright infringement. .

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Copyright Lately

SEPTEMBER 12, 2022

This means that if Alyssa has sold her hula hooping cat t-shirts to the public, I could take my own photographs of one of the shirts in order to list them on eBay without infringing Alyssa’s copyright in the underlying design. The local news could then take photos of the shirt to use in a story about what a lousy dad I am.

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Technology & Marketing Law Blog

DECEMBER 15, 2021

The DMCA’s main counterbalance to copyright owner overreach was supposed to be 512(f). In theory, 512(f) makes copyright owners do their homework and think carefully before they weaponize a copyright takedown notice. As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure.

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Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. The plaintiff gets an expensive lesson in the law of derivative works. * * * UIRC offers bonds using a private placement memorandum (PPM) and an indenture of trust. See, e.g., White v. See, e.g., White v.

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Michael Geist

FEBRUARY 21, 2023

In doing so, they have relied on a steady diet of misleading claims about the state of the law, the licensing practices of Canadian educational institutions, the importance (or lack thereof) of copying of materials in course packs, and the effects of fair dealing. The addition of “education” was hardly an overhaul.

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