The IP Law Blog

MARCH 2, 2023

Getty Images alleges that Stability’s actions constitute copyright infringement, false copyright management information, removal or alteration of copyright management information, trademark infringement, unfair competition, trademark dilution, and deceptive trade practices under Delaware law.

Copyright Infringement 104

Copyright Infringement Copyright Fair Use Technology 104

TorrentFreak

AUGUST 20, 2022

In a copyright infringement complaint filed at a California district court this week, Zuffa LLC (d/b/a UFC) names Canadian company 2107697 Alberta Ltd (d/b/a Score G Productions), Canadian Adam Scorgie, Electric Panda Entertainment, and Does 1 through 10 as defendants. If people want access to content, UFC will license it to them.

Fair Use 107

Fair Use Copyright Licensing Intellectual Property 107

43(B)log

FEBRUARY 2, 2024

UK: TM protection depends on formalities/registration; registered TMs are property rights; goodwill in a business is a different property right protected through the tort of passing off; no generalized unfair competition law. OED: goodwill—the privilege, granted by the seller of a business to the purchaser, of trading as the successor.

Fair Use 49

Fair Use Derivative Work Licensing Marketing 49

TorrentFreak

OCTOBER 16, 2022

The scale of infringements sounds pretty outrageous for an independent creator and we were blown away when Clement showed us his daily copyright infringement battle in action. There’s a never-ending stream of infringements across social media platforms that seems impossible to stop, much like the weather.

Copyright Infringement 131

Copyright Infringement Copyright Social Media Fair Use 131

LexBlog IP

NOVEMBER 1, 2023

Businesses looking to capitalize on amusing or interesting videos in social media channels should beware of potential copyright infringement liability and bear in mind that a fair use defense may not be available. Read more

Fair Use 40

Fair Use Social Media Copyright Copyright Infringement 40

IP Law 360

APRIL 22, 2024

Mike Huckabee has urged a New York federal court not to dismiss Bloomberg from his proposed class action alleging copyright infringement of e-books to train the media company's large language model, arguing the business cannot lean on a fair use defense to toss the complaint at this stage.

Copyright 98

Copyright Fair Use Copyright Infringement Business 98

IP Intelligence

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § But the existence of commercialism and website advertisements is not, and should not be, a death knell for a successful fair use defense.

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Fair Use Advertising Advertising Copyright 52

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. Hence, licensed broadcasting of copyrighted music does not give rise to copyright infringement. In the case of Super Cassettes Industries Pvt.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 52

LexBlog IP

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § ” But the existence of commercialism and website advertisements is not, and should not be, a death knell for a successful fair use defense.

Fair Use 52

Fair Use Advertising Advertising Copyright 52

SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression?

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Fair Use Copyright Reporting Licensing 116

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. Hence, licensed broadcasting of copyrighted music does not give rise to copyright infringement. In the case of Super Cassettes Industries Pvt.

Copyright Infringement 40

Copyright Infringement Music Moral Rights Copyright 40

Copyright Lately

OCTOBER 24, 2022

The letter claimed that the director, an ad agency, and a popular theme park had all committed copyright infringement because a panda appeared in the background of their TV commercial. But if they appear on film without permission, even fleetingly, they could prompt a copyright infringement lawsuit.

Artwork 88

Artwork Copyright Infringement Copyright Art 88

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.

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

IP and Legal Filings

FEBRUARY 17, 2022

902 (1931) , he noted that the less defined the characters are, the less copyrighted they can be; this is the cost an author must face for making them too indistinct. THE DOCTRINE OF FAIR USE. The theory is codified in Section 107 of the Copyright Act, which states that four non-exclusive reasons must be considered.

Fair Use 65

Fair Use Copyright Television Copying 65

Copyright Lately

JANUARY 23, 2024

A federal jury is set to decide whether celebrity tattoo artist Kat Von D infringed photographer Jeff Sedlik’s copyright in a Miles Davis portrait by tattooing the image onto her client’s body. A first-of-its-kind copyright infringement trial is scheduled to begin today in Los Angeles.

Social Media 139

Social Media Fair Use Copyright Infringement Copying 139

IPilogue

OCTOBER 26, 2021

Many academics, businesses, and computer professionals filed their support for Google before the case was heard at the U.S. copyright law. 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.

Copyright Infringement 111

Copyright Infringement Copyright Fair Use Settlement 111

Plagiarism Today

NOVEMBER 18, 2021

1: ‘GTA’ Reverse-Engineer Modders Defend Projects as Under “Fair Use”. First off today, Will Nelson at NME reports that video game modders are fighting back against a lawsuit filed by Rockstar Games claiming that their fan-created mods are a fair use, not a copyright infringement.

Fair Use 206

Fair Use Plagiarism Editing Copyright Infringement 206

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.

Fair Use 52

Fair Use Ownership Copyright Licensing 52

LexBlog IP

MARCH 2, 2023

Getty Images alleges that Stability’s actions constitute copyright infringement, false copyright management information, removal or alteration of copyright management information, trademark infringement, unfair competition, trademark dilution, and deceptive trade practices under Delaware law.

Copyright Infringement 40

Copyright Infringement Copyright Fair Use Technology 40

LexBlog IP

NOVEMBER 17, 2023

Plaintiffs describe their lawsuit as presenting “straightforward and long-standing” legal issues: “A defendant cannot reproduce, distribute, and display someone else’s copyrighted works to build its own business unless it secures permission from the rightsholder.” ” Id. at ¶ 2. 1258 (2023).

Music 52

Music Copyright Infringement Publishing Copyright 52

43(B)log

APRIL 26, 2023

24, 2023) “This case arises out of alleged misuse of copyrighted images, eventually leading to a dispute … that resulted in false business reviews, malicious e-mails, and mutual efforts to interfere with each other’s business.” The ads used the entire images.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

Fair Use 52

Fair Use Art Licensing Derivative Work 52

Plagiarism Today

OCTOBER 13, 2022

However, after Prince died in 2016, it was revealed that Warhol actually made an additional 14 prints using the photograph. Lynn sued allegiging that those prints were a copyright infringement. The Appeals Court ruled against the Warhol estate finding that the images in question were not a fair use.

Cease and Desist 188

Cease and Desist Copyright Infringement Licensing Fair Use 188

The IP Law Blog

APRIL 8, 2021

Finding Google’s copying a fair use, the Supreme Court ended Oracle’s decade-long attempt to recover copyright damages. Google argued that the material it used from Oracle’s APIs was not copyrightable because of this lack of creative expression. Weighing the fair-use factors, the Court found in Google’s favor.

Fair Use 52

Fair Use Copyright Copying Designs 52

TorrentFreak

APRIL 23, 2024

Lawsuit and Appeal Internet Archive believes that its approach falls under fair use but publishers Hachette, HarperCollins, John Wiley, and Penguin Random House disagree. They filed a lawsuit in 2020 equating IA’s controlled digital lending operation to copyright infringement.

Copyright 114

Copyright Fair Use Copying Publishing 114

LexBlog IP

AUGUST 11, 2021

The Supreme Court’s decision held that, contrary to the decision by the Federal Circuit Court of Appeals which was discussed in our previous alert , Google’s use of Oracle’s APIs was protected by the copyright defense of Fair Use. Oracle owns the widely-used Java platform and Java programming language.

Fair Use 52

Fair Use Copying Licensing Copyright 52

IP and Legal Filings

JANUARY 13, 2023

Copyright infringement and De Minimis are often replaced to complement each other. However, de minimis is sometimes used as a defence in a copyright lawsuit. More often than not, the lawsuits filed for copyright infringement are cases of de minimis and thereto, get dismissed on the anvil of frivolity.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

Plagiarism Today

MARCH 3, 2022

1: Dua Lipa Sued for Alleged Copyright Infringement Over Hit Single Levitating. First off today, Murray Stassen at Music Business Worldwide reports that musician Dua Lipa has been hit with a copyright infringement lawsuit that claims her 2020 hit Levitating is an infringement of an earlier song. in fees.

Settlement 203

Settlement Copyright Infringement Licensing Fair Use 203

TorrentFreak

MARCH 18, 2024

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Last year, a New York Federal court concluded that the library is indeed liable for copyright infringement.

Publishing 109

Publishing Fair Use Copying Music 109

TorrentFreak

MARCH 21, 2023

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Mass Copyright Infringement or Fair Use? As such, they want it permanently taken down.

Publishing 136

Publishing Copyright Fair Use Copyright Infringement 136

LexBlog IP

NOVEMBER 28, 2023

Meme Culture Meets Copyright Law: A Guide for Businesses & Creators Memes, often humorous media fragments that spread rapidly through online sharing, are a global phenomenon that have made their way into mainstream culture. Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here?

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

Copyright 78

Copyright Fair Use Social Media Artwork 78

Copyright Lately

OCTOBER 2, 2023

It’s time to start paying attention though, because a Delaware District Court judge just ordered this low-profile AI case to trial, largely denying the parties’ motions for summary judgment on copyright infringement and fair use (read the opinion here). These copies, Ross claims, are fair use.

Fair Use 93

Fair Use Copyright Copying Copyright Infringement 93

IP Tech Blog

NOVEMBER 29, 2023

18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked. In Cramer v. Netflix, Inc. , 3:22-cv-131 (W.D. Koons , 467 F.3d

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

TorrentFreak

FEBRUARY 27, 2024

OpenAI’s motion directly targets the Times are the heart of its business, putting the company’s truthfulness in doubt. The notion that ChatGPT can be used as a substitute for a newspaper subscription is overblown, they counter. Fair Use None of the allegations above address the copyright infringement allegations directly.

Fair Use 117

Fair Use Journalism Reporting Technology 117

Intepat

JANUARY 8, 2024

student from University of Petroleum and Energy Studies, Dehradun Introduction The New York Times, one of the most respected news organizations, has taken legal action against OpenAI and Microsoft, accusing them of using their articles without authorisation to train their powerful AI models, including the widely used ChatGPT.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

Plagiarism Today

SEPTEMBER 2, 2022

But, while the facts of the case may not be particularly interesting, this has the potential to be one of the most important copyright cases in some time, in particular one of the most important for the CCB. The case is important for one simple reason: It easily could have been a “normal” copyright infringement case.

Copyright 251

Copyright Cease and Desist Copyright Infringement Fair Use 251