Technology & Marketing Law Blog

MAY 13, 2024

As I wrote back in December, scraping claims are almost always about unwanted copying and distribution of data. However, scraping generally means “extracting data from a website and copying it into a structured format, allowing for data manipulation or analysis.” citations omitted) X Corp. Bright Data at 21. See hiQ Labs, Inc.

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Blogging Contracts Cease and Desist Social Media 96

The IPKat

FEBRUARY 13, 2022

The IP blogs have been active over the past week bursting with a wide range of different topics. the first-sale doctrine allows libraries to lend physical copies without the author's permission because the initial authorized sale of a copy exhausts the copyright owner's distribution right for that particular copy.

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Blogging IP Copying Copyright 52

Technology & Marketing Law Blog

SEPTEMBER 23, 2022

In 2022, I’ve blogged just one other 512(c) case ( Davis v. The case involves ShutterStock, a photo licensing service. (We We used ShutterStock as the blog’s image provider for several years). Only 2 visitors saw the subject image in ShutterStock’s database and neither licensed it. Pinterest ).

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Licensing Copying Blogging Copyright 85

Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. Equally importantly, the court failed to provide the jury with instructions on two other defenses—waiver and implied license. The implied license argument is particularly important here. An appeal in Alexander v.

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Blogging Fair Use Copyright Infringement Copyright 134

Dragons' Den

MARCH 14, 2024

Trade mark protection I can see from our ‘Search for a trade mark’ function that both Kitty and Marietta have taken the step to register trade marks to protect their brand name from being copied. With licensing he could be a multi-millionaire in years to come” said Peter Jones, watching entrepreneur Bob Gokani leave the Den empty handed.

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Blogging IP Intellectual Property Business 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. Three courts of appeals have answered “no.”

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Blogging Copyright Contracts Cease and Desist 80

Dragons' Den

FEBRUARY 22, 2024

Regular readers of this blog will know how often the subject of brand comes up both inside the Den and here, on our blog. While licensing IP from others can be a very useful business strategy it’s always worth thinking about how best to protect the IP assets already in the business. A perfect pair?

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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. Instagram, LLC , 2023 WL 4554649 (9th Cir.

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Blogging Copying Social Media Copyright 96

Kluwer Copyright Blog

JULY 16, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus.

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Blogging Law IP Fair Use 52

Technology & Marketing Law Blog

DECEMBER 11, 2023

Rather, the quoted language came from an SDNY decision ( Tommy Hilfiger Licensing, Inc. As the new threshold test for application of Rogers , courts can’t simply assume trademark use based on the close copying of the plaintiff’s goods. .’” (The Second Circuit provides the following citation for the quote: “ Id.

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Blogging Trademark Branding Brands 112

SpicyIP

AUGUST 12, 2021

He has also blogged for us in the past and was the SpicyIP Fellow for 2016. Ensuring Access to TB drugs: Is Compulsory License the Way? As pointed out above, the petitioner in the case suggested that compulsory license is the “only way” to ensure accessibility to the drugs in contention. Readers can access posts by Rahul here.

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Licensing Government Reporting Patent Law 134

Biswajit Sarkar Copyright Blog

JULY 28, 2022

What is a Compulsory License? Compulsory licenses are permissions from the government that allows someone else to use the copyright of the owner without his consent. In this article, we will look at compulsory licensing in Copyright and under what conditions a compulsory license is granted in India.

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Licensing Copyright Publishing Government 52

Technology & Marketing Law Blog

JUNE 20, 2023

Similarly, when an artist lawfully creates a derivative work based on a photograph, and copies of that derivative work are reproduced and distributed to the public, ordinarily the owner of copyright in the photograph and the owner of copyright in the derivative work are entitled to royalties. . Figure 1, Slip op.

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Fair Use Derivative Work Blogging Licensing 96

TorrentFreak

DECEMBER 18, 2023

Patrons can also borrow books that are scanned and digitized in-house, with technical restrictions that prevent copying. Staying true to the centuries-old library concept, only one patron at a time can rent a digital copy of a physical book for a limited period. The Internet Archive has no license.

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Fair Use Copyright Infringement Copyright Copying 114

Velocity of Content

JANUARY 9, 2024

An organization must obtain additional copyright permissions from the copyright holder if it intends to share copies with additional users internally, such as colleagues, or externally with regulatory agencies, customers, external businesses, or partners.  It’s important to know, however, there are many types of open-access licenses.

Copyright 98

Copyright Journalism Licensing Copyright Infringement 98

Technology & Marketing Law Blog

JULY 18, 2023

Genius planted tiny mistakes in some of the lyrics it posted, and once those appeared in Google’s information boxes, it argued that Google copied lyrics from Genius. Genius’s “browsewrap,” however, prohibits copying for commercial use, and Genius sued Google for breach of contract.

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Blogging Contracts Copyright Law Copyright 92

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? The bottom line: even if he gets past the implied license problem, Trump still has to survive several other substantive and procedural hurdles to recovery. .

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Copyright Blogging Publishing Fair Use 120

Technology & Marketing Law Blog

MAY 30, 2022

A few other examples demonstrate, if not deception, at least skepticism or uncertainty: “Hope y’all got a licensing rights from Nickolodeon/Viacom cuz if not… they’ll shut your ass down”; “How the heck did she get the licensing for this? Rusty Krab Restaurant (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 92

Blogging Social Media Television Fair Use 92

Technology & Marketing Law Blog

MAY 15, 2024

In my blog post on the case , I praised the decision and predicted “that the Supreme Court will eventually grant a petition … and render a definitive decision regarding the discovery rule.” to license works from the Music Specialist catalog. MGM Domestic Television Distribution, LLC , 39 F.4th 4th 1236 (9th Cir.

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Music Blogging Copyright Ownership 95

Plagiarism Today

MAY 18, 2022

These articles come from a variety of sources including publishing blogs , sites that help those that run churches and even sites that help photographers enforce their images. In addition, there are concerns that many stock photography sites provide limited licenses to users and many unwittingly overstep them.

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Licensing Copying Public Domain Copyright 302

Plagiarism Today

JULY 27, 2021

The composer of Towering Catastrophe , Nakamura Kojo, took to his personal blog and addressed the issue. However, this turned out to be more of a licensing than a traditional plagiarism issue. The most likely cause for this similarity was simply Garcia using either the same or a very similar melody to the one he licensed to Luca.

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Technology & Marketing Law Blog

MARCH 29, 2023

Prutton admitted to copying and said that his adult daughter had helped him with his website. (A The Final Determination notes that Oppenheimer feels entitled to a licensing fee, even though he has not sold this photograph, and suggests that he is entitled to $2,775 a year for the use of the photograph. Oppenheimer sent him a letter.

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Blogging Fair Use Copyright Copyright Notice 96

TorrentFreak

MAY 10, 2024

While Nealy was doing time, his former partner licensed the Music Specialist catalog to Warner Chappell. That release sold millions of copies reaching the Billboard chart’s top ten. For example, those who use reverse image search tools to discover ‘copyright infringing’ images in old blog posts. “An

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Copyright Infringement Copyright Music Copying 111

Technology & Marketing Law Blog

JULY 25, 2022

In a previous blog post , I criticized the Second Circuit’s ruling as inherently self-contradictory. My previous blog post contains detailed information about the Copyright Act’s three-year statute of limitations [ 17 U.S.C. § If it’s still unclear, go back and read my previous blog post on Sohm for a more detailed explanation.).

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Blogging Copyright Licensing Copyright Infringement 86

Kashishipr

JUNE 9, 2021

With the onset of the trend wherein users are gradually switching to online streaming to meet their music needs and discarding traditional methods such as radio, television, and music CDs, compulsory licensing for the internet was recognized as a key policy issue by the music industry last year. Background. The Plaintiff, Tips Industries Ltd.,

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Music Licensing Television Copyright Infringement 98

SpicyIP

MAY 1, 2023

Her previous posts on the blog can be viewed here , here , here , here. Licensing of training datasets The licensing of datasets – for the concerned rights under Sec. Licensing of training datasets The licensing of datasets – for the concerned rights under Sec.

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IP Licensing Fair Use Moral Rights 129

IPilogue

DECEMBER 9, 2022

Take-Two licensed Randy Orton’s likeness from WWE. The Defendants also filed a motion for partial summary judgement on the basis of three defences : 1) de minimus, 2) fair use doctrine and 3) implied license. The court opined that the dispute to copying does not arise as the defendants had admitted to copying the tattoo.

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Fair Use Copying Licensing Copyright 112

Technology & Marketing Law Blog

FEBRUARY 12, 2024

We’ve blogged some of his cases before ( 1 , 2 ), including the lower court ruling in this case. In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. IJR argued that Philpot provided free licenses to the work. Nature of the Work.

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Fair Use Licensing Copyright Marketing 89

Technology & Marketing Law Blog

APRIL 6, 2022

Blog post on the prior ruling here.). The “Platform Policy” appears to grant a broad license to users of the API. The current terms make clear that platform API users are not automatically granted a license and must independently secure rights in any content they embed. For example. Case citation : McGucken v. 21, 2022).

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Licensing Fair Use Blogging Copyright 115

Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

The producers have broadened monetization prospects with separate licensing agreements with traditional broadcasters and OTT platforms. If viewers are able to access these contents for free then the amount of revenue generated from licensing of intellectual property will be far below estimations.

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Cease and Desist Licensing Intellectual Property Copyright 85

Technology & Marketing Law Blog

JUNE 2, 2022

“Von D presumably did not need to copy the pose from the Portrait in order express a sentiment of melancholy.” “no one has told [Sedlik] they would not buy a copy of the Portrait because they had seen the Tattoo or social media posts about the Tattoo.” Prior Tattoo Copyright Blog Posts. Amount Used.

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Copyright Social Media Fair Use Licensing 143

Technology & Marketing Law Blog

AUGUST 12, 2021

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.”. Use of content posted to social media has generated many posts on this blog, starting with AFP v.

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Social Media Copyright Fair Use Licensing 140

Technology & Marketing Law Blog

JANUARY 12, 2024

My angst-filled blog post on that ruling. In a framing case, the plaintiffs’ web servers aren’t the affected chattel because the plaintiffs’ web servers delivered the web pages directly to users’ devices, after which the framer (Google) superimposed its frame on the web pages once the copies were in users’ RAM.

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Copying Ownership Derivative Work Contracts 75

The IP Law Blog

SEPTEMBER 30, 2022

It also protects images, photos, videos, and other written work, such as blog posts. Making a copy of a video or audio recording. Save the written permission, whether it is an email, letter, license, or other form. Do not copy things from the internet or anywhere else for your own use.

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Copyright Infringement Copyright Social Media Fair Use 122

IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No. Unbeknownst to Ms.

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Fair Use Derivative Work Copying Licensing 57

Intellectual Property Office Blog

OCTOBER 15, 2021

In this blog, I will endeavour to answer the most frequently asked questions from the show, to provide you with the tools to protect your works and alleviate any concerns you may have. This means that a user will usually need your permission if they want to perform certain acts, such as copying your image or sharing it on the internet.

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Biswajit Sarkar Copyright Blog

JUNE 23, 2022

This will make the AV recording an illegal copy (unless the creation of it is authorised under Section 52 ), and the person producing the recording will have no copyright over that recording, even if they are its effectuator, due to Section 13(3).

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