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Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

Technology & Marketing Law Blog

Nicklen “urged his social media followers to consider the ‘haunting’ and ‘soul-crushing scene’ and to take steps to mitigate the harms of climate change.” The court also notes that the server rule distinguishes between a copy “possessed by the infringer and showing a copy possessed by someone else.”.

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Let’s Go Hazy: Making Sense of Fair Use After Warhol

Copyright Lately

Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. Andy Warhol Foundation v.

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District Court Rules Internet Archive’s Open Library Project is Not Fair Use

IP Tech Blog

A federal district court in New York held that the Internet Archive’s Open Library project was engaging in copyright infringement by publishing digital copies of millions of books online. The court engaged in an extensive analysis of whether the purpose and character of Internet Archive’s use was transformative. of America v.

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Fair Use: Graham v. Prince and Warhol v. Goldsmith

LexBlog IP

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

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Too Rusty For Krusty–Nickelodeon v. Rusty Krab Restaurant (Guest Blog Post)

Technology & Marketing Law Blog

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court spends more time on its likelihood of confusion analysis.

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Tips for Avoiding Copyright Infringement

The IP Law Blog

It also protects images, photos, videos, and other written work, such as blog posts. Posting copyrighted images or photos on your website or social media. Using a copyrighted song, or portion of a song, in a presentation, at an event, on your website, or on social media. That is not the case.

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Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik v. Kat Von D

Technology & Marketing Law Blog

She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. Nature of Use. Amount Used. “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. Nature of the Work.

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