Blogging, Fair Use and Licensing - Intellectual Property Pulse

Internet Archive: Digital Lending is Fair Use, Not Copyright Infringement

TorrentFreak

DECEMBER 18, 2023

Mass Copyright Infringement or Fair Use? The publishers are not against libraries per se, nor do they object to ebook lending, but ‘authorized’ libraries typically obtain an official license or negotiate specific terms. The Internet Archive has no license. threatens) the traditional ebook lending market.

Fair Use

Fair Use Copyright Infringement Copyright Copying

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

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. ” Market Effect.

Fair Use

Fair Use Licensing Copyright Marketing

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

Copyright Lately

MAY 22, 2023

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.

Fair Use

Fair Use Licensing Copying Artwork

Second Circuit Confirms Fair Use on Motion to Dismiss–Yang v. Mic

Technology & Marketing Law Blog

MARCH 30, 2022

The NY Post licensed the photo for its story, “ Why I won’t date hot women anymore.” The district court granted Mic’s motion to dismiss on fair use grounds. In a memo opinion, the Second Circuit affirms the fair use motion to dismiss. Nature of the Use. As a result, it sparked substantial criticism.

Fair Use

Fair Use Licensing Marketing Marketing

When is it Fair Use to Use a Photo to “Illustrate” an Article?

Technology & Marketing Law Blog

AUGUST 31, 2021

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. These three cases address fair use in this context. McGucken moved for summary judgment on the fair use defense. The second factor weighs slightly against fair use.

Fair Use

Fair Use Journalism Licensing Marketing

Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use

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, Andy Warhol not only used Ms. Goldsmith et al, Case No.

Fair Use

Fair Use Derivative Work Copying Licensing

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

LexBlog IP

JULY 7, 2023

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.

Fair Use

Fair Use Art Licensing Copyright Infringement

Fair Use of Copyright Images in Your Blog

Art Law Journal

JULY 31, 2020

Knowing more about copyright and fair use will help you determine what is yours to use and what is off limits. Nicole Martinez.

Fair Use

Fair Use Blogging Copyright Social Media

Videogame Maker Has Implied License to Depict Copyrighted Tattoos–Hayden v. 2K

Technology & Marketing Law Blog

APRIL 22, 2024

The jury needed only 90 minutes to determine that the defendants had proven their implied license defense, ending the case. Due to the fact-specific nature of doctrines like implied licenses and fair use, it’s possible the Hayden and Orton jury verdicts are consistent with each other. Case citation : Hayden v.

Licensing

Licensing Copyright Blogging Fair Use

Ownership, Licensing, and Fair Use of Copyright for Webinars

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Fair use; webinar recordings. In some situations, even if a person does not receive a licence from the copyright owners of the lectures that makes a webinar or their recording, for the use of lectures/recording does not constitute copyright infringement under Section 52.

Fair Use

Fair Use Ownership Copyright Licensing

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

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] Vanity Fair , in turn, commissioned Warhol to make a silkscreen using Goldsmith’s photograph. He did just that.

Fair Use

Fair Use Derivative Work Art Licensing

X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Technology & Marketing Law Blog

MAY 17, 2024

While this conflict might seem minor (X’s users, after all, are not in the business of granting scraping licenses), the next one was not: Fair use. Judge Alsup suggested that X’s ToS conflict with copyright law by prohibiting scraping irrespective of whether it qualifies as fair use. The post X Corp.

Blogging

Blogging Contracts Fair Use Copyright Law

Can Intellectual Property Rights Safeguard Your Blog?

Kashishipr

MAY 25, 2021

A blog is like any other creative work of literature manifested in a different form. Due to creative and original use of expressions, blogs are deemed to be counted as private property for which Intellectual Property Rights (IPRs) can be sought. Copyright and Blogs. Alternatives to Seeking Copyright Protection.

Intellectual Property

Intellectual Property Blogging Fair Use Registration

Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. WWE 2K (Guest Blog Post)

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. To briefly summarize, the court left the fair use question entirely to the jury, despite its own pre-trial order and the Supreme Court’s recent decision in Google v. An appeal in Alexander v.

Blogging

Blogging Fair Use Copyright Infringement Copyright

This Blog Has Jumped the Shark: I’m Covering a Copyright Opinion About a Tattoo of Tiger King’s Joe Exotic–Cramer v. Netflix

Technology & Marketing Law Blog

OCTOBER 25, 2023

Instead, she gets a 12(b)(6) dismissal based on fair use. Purpose and Character of Use. ” The court doesn’t address the potential licensing market for the tattoo design. It’s nice to see the court use the Goldsmith case to cement the defense’s fair use win. Or the $50k.

Blogging

Blogging Copyright Fair Use Copyright Infringement

The Doctrine of Fair Use in Copyright Law

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.

Fair Use

Fair Use Copyright Law Copyright Law

Photo Licensing Service Qualifies for DMCA Online Safe Harbor–Steinmetz v. ShutterStock

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 ).

Licensing

Licensing Copying Blogging Copyright

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

Technology & Marketing Law Blog

MAY 30, 2022

The Rusty Krab court expands upon these points in its subsequent section detailing findings of law, but its discussion is fairly conclusory, mainly comprising maxims about what a parody is and isn’t rather than specific discussion of the defendants’ use and why it fails to qualify.

Blogging

Blogging Social Media Television Fair Use

Instagram Embedding Cases Continue to Vex the Courts–McGucken v. Newsweek

Technology & Marketing Law Blog

APRIL 6, 2022

Blog post on the prior ruling here.). Was the embed a “display” under the Copyright Act : Newsweek relied on the server test to argue that its use of the embed functionality offered by Instagram did not result in a display of the photograph. The “Platform Policy” appears to grant a broad license to users of the API. For example.

Licensing

Licensing Fair Use Blogging Copyright

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

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. But fair use isn’t a defense to a breach of contract claim.

Blogging

Blogging Copyright Contracts Cease and Desist

Statutory Licensing in India in the Age of Online Music Streaming: A Comment on Tips vs. Wynk

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.,

Music

Music Licensing Television Copyright Infringement

Another shot for Rango (but, incidentally, the “fair use” defence in Italy has been shot too): Rome Appeal Court confirms there is no misappropriation nor infringement of the “Man With No Name” character

The IPKat

SEPTEMBER 12, 2022

This blog has already covered the decision of the Rome Court of First Instance concerning a copyright infringement claim concerning a fictional character. The Rome Court of First Instance, which also considered (and applied) the US doctrine of fair use, eventually dismissed the action.

Fair Use

Fair Use Copyright Infringement Copyright Blogging

People Don’t Come to See the Tattoo, They Come to See the Show

IP Tech Blog

NOVEMBER 29, 2023

Netflix moved to dismiss the complaint on, among other grounds, fair use. In finding in defendant’s favor, the Court weighed the different factors of the Fair Use Doctrine. Accordingly, the court found against the tattoo artist because Netflix’s use was “fair use.” Lynn Goldsmith, et al. ,

Fair Use

Fair Use Cease and Desist Social Media Art

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

Technology & Marketing Law Blog

JUNE 2, 2022

Nature of Use. It wasn’t possible to use only a portion of the photo to depict melancholy, so I guess the court is saying Kat Von D should have picked a different image altogether? This factor weighs against fair use. Prior Tattoo Copyright Blog Posts. Market Effect. ” This is another jury issue. .”

Copyright

Copyright Social Media Fair Use Licensing

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

Technology & Marketing Law Blog

AUGUST 12, 2021

Fair use : The court also grapples with fair use. Citing to Barcroft and McGucken , the court says that the “photograph itself is the subject of the story” so this weighs in favor of fair use. The third factor cuts against fair use since the entirety of the video was used. United Sports.

Social Media

Social Media Copyright Fair Use Licensing

Tips for Avoiding Copyright Infringement

The IP Law Blog

SEPTEMBER 30, 2022

It also protects images, photos, videos, and other written work, such as blog posts. It is important to remember that use of any music, text, videos, images, or portions thereof, without explicit permission, is usually copyright infringement. do not use it without obtaining written permission. See here. That is not the case.

Copyright Infringement

Copyright Infringement Copyright Social Media Fair Use

Are Memes Dangerous?

LexBlog IP

NOVEMBER 28, 2023

But wait, shouldn’t the Fair Use Doctrine imputed under the First Amendment apply to an obviously parodied creative work? All meme-like images in this article are properly licensed. Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here? Yes and no. What about meme generators?

Fair Use

Fair Use Intellectual Property Settlement Business

Tattoo Trouble for Video Game Creators

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.

Fair Use

Fair Use Copying Licensing Copyright

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

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. This has important implications for the doctrine of fair use.

Fair Use

Fair Use Derivative Work Blogging Licensing

If the Word “Emoji” is a Protectable Trademark, What Happens Next?–Emoji GmbH v. Schedule A Defendants

Technology & Marketing Law Blog

OCTOBER 17, 2022

” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety restraints.'” GmbH has registered trademarks in the dictionary word “Emoji.” That’s messed up.

Trademark

Trademark Fair Use Registration Licensing

If You Ask Your Friend to Take Your Photo Using Your Camera, Who Owns the Copyright?–Shah v. NYP

Technology & Marketing Law Blog

JANUARY 25, 2023

Here’s an example of a subject photo from his complaint (which, based on this ruling, I’m now confident he can’t sue me for; plus fair use), with some pretty obvious photography flaws: His copyright claims raise a simple but troubling question: who owns the photos taken with his camera? As I joked (?) The complaint.

Copyright

Copyright Fair Use Licensing Ownership

Moral Rights in Copyright: Lin-Manuel Miranda sues Texas Church for unauthorized performances of “Hamilton”

IPilogue

SEPTEMBER 28, 2022

First, Hamilton the Musical did not grant performers rights to use its unique content and had only granted licensing to touring companies to perform the musical in various cities around the world. Lin-Manuel Miranda’s lawyers can consider several measures to protect his intellectual property.

Moral Rights

Moral Rights Copyright Fair Use Music

Take-Two Interactive Gets RKO’d in Court Decision

Intellectual Property Brief

APRIL 24, 2021

The District Court of the Southern District of Illinois rejected Take-Two Interactive’s Motion for Summary Judgement and the defenses of implied license, fair use, and de minimis use in the company’s battle against Randy Orton’s former tattoo artist.

Fair Use

Fair Use Licensing Blogging Copyright

Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Technology & Marketing Law Blog

AUGUST 1, 2023

On the other hand, professional photographers have to make a living by licensing their photos to publishers (and other intermediaries) who are willing to pay them to reproduce and display those photos. The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use.

Blogging

Blogging Copying Social Media Copyright

Olympics’ Copyright Issue Highlights the IOC’s Outdated IP Licensing Approach

LexBlog IP

OCTOBER 11, 2021

The live streamer is claiming that the content at issue should not have been taken down because it is fair use, considering that xQc was adding his own commentary and reactionary content to the clip. Now, with legal representation , xQc is taking a stand against the IOC by issuing a counter-notice. In order to maximize the $7.75

Licensing

Licensing Copyright Intellectual Property IP

“The Copyright Case of the Century”: Final Settlement between Google and Oracle on API Copyright Infringement

IPilogue

OCTOBER 26, 2021

It started out in 2010 when Oracle sued Google for copying the application programming interfaces (APIs) of Java, a programming language developed and licensed by Sun Microsystems and later acquired by Oracle, in Google’s development of the Android operating system. The case meandered through constant reversals of judicial judgements.

Copyright Infringement

Copyright Infringement Copyright Fair Use Settlement

Copyright Conundrums in the Tattoo World

Nelligan Law

FEBRUARY 20, 2024

Entertainment furnish invaluable insights into how the subtleties of copyright law and the doctrine of fair use are navigated differently in the context of tattooing, reshaping the legal terrain for artists and copyright custodians alike. Cases like Kat von D vs. Jeffrey Sedlik and S. Victor Whitmill vs. Warner Bros.

Copyright

Copyright Fair Use Copyright Law Settlement

In a SAD Scheme Case, Court Rejects Injunction Over “Emoji” Trademark

Technology & Marketing Law Blog

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. The SAD Scheme helps with that.

Trademark

Trademark Fair Use Trademark Law Branding

Bridgerton Helps Navigate The Limits Of The Fan Fiction Defence In Intellectual Property

IPilogue

OCTOBER 12, 2022

When hearing of the future live shows Barlow and Bear had planned, Netflix offered them a licensing agreement that would permit their shows, continued distribution of the album, and any further performances of the Bridgerton -inspired songs; but Barlow and Bear refused the licensing option.

Intellectual Property

Intellectual Property Social Media Music Fair Use

Deadly Dolls and a Forgotten Copyright Exception

Copyright Lately

SEPTEMBER 12, 2022

Section 113(c) would also allow me to use my photos in a blog post talking about how I flipped the t-shirts for a profit because Alyssa priced them too low. The local news could then take photos of the shirt to use in a story about what a lousy dad I am. Carlos Vila’s photo of Irina Shayk wearing Deadly Doll sweatpants.

Copyright

Copyright Derivative Work Artwork Fair Use

Copyright Infringement in edited photographs

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

There are certain exceptions to copyright infringement that can be used as a shield in such cases. Firstly, the exception of fair use. One has to check if the way in which the photograph is being used falls within the scope of fair use. This time, in 2013, the judgement in favour of Cairou was overturned.

Copyright Infringement

Copyright Infringement Editing Copyright Artistic Work

Music Piracy

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

However, copyright infringement occurs when such copyrighted music is streamed without acquiring proper license from the copyright owners. Through licensing of the copyrighted work, the exclusive rights to reproduce and distribute are transferred to the licensee who pay royalty to the licensor i.e,

Music

Music Moral Rights Copyright Infringement Television

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

Technology & Marketing Law Blog

DECEMBER 15, 2021

As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure. A few plaintiffs have won default judgments (including one I blog below). The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. A New 512(f) Plaintiff Win!

Registration

Registration Fair Use Copyright Designs

If Warhol Isn’t Transformative, Redux, In The Supreme Court

LexBlog IP

APRIL 6, 2022

On March 25, 2022, the Supreme Court agreed to consider whether Andy Warhol’s “Prince Series” sufficiently transforms Lynn Goldsmith’s 1981 photograph of Prince (the “Photograph”) to qualify for the Copyright Act’s fair use defense. We will follow this case as it proceeds, and blog further. [1]

Fair Use

Fair Use Artwork Art Blogging

Internet Archive: Digital Lending is Fair Use, Not Copyright Infringement

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

Trending Sources

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

Second Circuit Confirms Fair Use on Motion to Dismiss–Yang v. Mic

When is it Fair Use to Use a Photo to “Illustrate” an Article?

Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use

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

Fair Use of Copyright Images in Your Blog

Videogame Maker Has Implied License to Depict Copyrighted Tattoos–Hayden v. 2K

Ownership, Licensing, and Fair Use of Copyright for Webinars

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Can Intellectual Property Rights Safeguard Your Blog?

Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. WWE 2K (Guest Blog Post)

This Blog Has Jumped the Shark: I’m Covering a Copyright Opinion About a Tattoo of Tiger King’s Joe Exotic–Cramer v. Netflix

The Doctrine of Fair Use in Copyright Law

Photo Licensing Service Qualifies for DMCA Online Safe Harbor–Steinmetz v. ShutterStock

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

Instagram Embedding Cases Continue to Vex the Courts–McGucken v. Newsweek

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Statutory Licensing in India in the Age of Online Music Streaming: A Comment on Tips vs. Wynk

Another shot for Rango (but, incidentally, the “fair use” defence in Italy has been shot too): Rome Appeal Court confirms there is no misappropriation nor infringement of the “Man With No Name” character

People Don’t Come to See the Tattoo, They Come to See the Show

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

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

Tips for Avoiding Copyright Infringement

Are Memes Dangerous?

Tattoo Trouble for Video Game Creators

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

If the Word “Emoji” is a Protectable Trademark, What Happens Next?–Emoji GmbH v. Schedule A Defendants

If You Ask Your Friend to Take Your Photo Using Your Camera, Who Owns the Copyright?–Shah v. NYP

Moral Rights in Copyright: Lin-Manuel Miranda sues Texas Church for unauthorized performances of “Hamilton”

Take-Two Interactive Gets RKO’d in Court Decision

Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Olympics’ Copyright Issue Highlights the IOC’s Outdated IP Licensing Approach

“The Copyright Case of the Century”: Final Settlement between Google and Oracle on API Copyright Infringement

Copyright Conundrums in the Tattoo World

In a SAD Scheme Case, Court Rejects Injunction Over “Emoji” Trademark

Bridgerton Helps Navigate The Limits Of The Fan Fiction Defence In Intellectual Property

Deadly Dolls and a Forgotten Copyright Exception

Copyright Infringement in edited photographs

Music Piracy

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

If Warhol Isn’t Transformative, Redux, In The Supreme Court

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