43(B)log

MAY 19, 2023

Its TOS provide that users will not use Roblox content outside of the Roblox Platform, monetize Roblox content, or imply an association with Roblox for their businesses outside of the Roblox Platform. The court also found that the alleged use of the Roblox name was not, as a matter of law, nominative fair use.

Copying 94

Copying False Advertising Social Media Advertising 94

TorrentFreak

DECEMBER 10, 2021

“Twenty-eight years ago, Quentin Tarantino wrote a screenplay that would change the future of the entertainment business. “Now a shell of its former self and flailing under a new ownership consortium, Miramax has decided to bite the hand that fed it for so many years by bringing this offensively meritless lawsuit.”

Non-Fungible Tokens 117

Non-Fungible Tokens Cinema Contracts Fair Use 117

TorrentFreak

OCTOBER 16, 2022

It’s pretty much a day job to deal with them all, which is why Clement has asked someone to help him out with this side of the business. When the conflict is created, the page with the most followers has the option to ‘confirm ownership’ regardless of actual ownership,” Clement tells us.

Copyright Infringement 131

Copyright Infringement Copyright Social Media Fair Use 131

LexBlog IP

NOVEMBER 2, 2023

Fair Use: The Executive Order encourages data sharing and research. Fair use and licensing agreements become significant concerns, as AI developers utilize existing datasets and copyrighted content for training and testing. This raises questions about the ownership and fair use of AI-discovered orphan works.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

Trading Secrets

NOVEMBER 2, 2023

Fair Use: The Executive Order encourages data sharing and research. Fair use and licensing agreements become significant concerns, as AI developers utilize existing datasets and copyrighted content for training and testing. This raises questions about the ownership and fair use of AI-discovered orphan works.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

Fair Use: The Executive Order encourages data sharing and research. Fair use and licensing agreements become significant concerns, as AI developers utilize existing datasets and copyrighted content for training and testing. This raises questions about the ownership and fair use of AI-discovered orphan works.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

IP and Legal Filings

SEPTEMBER 29, 2021

Initially, the District Court adjudicated that Napster’s file-sharing service did not fall under the ambit of fair use. The Ninth Circuit observed that a crucial component of Napster’s business model was to expand the number of users. Fair use defense that was deemed to be invalid. Significance of the Napster case.

Fair Use 52

Fair Use Music Copying Copyright 52

IP and Legal Filings

SEPTEMBER 30, 2022

Even presently, user creation and ownership of valuable assets and currencies contribute to developing a unified metaverse, which includes VR Technology, Augmented Reality, virtual currencies, NFTs, and other similar technologies. Furthermore, some aspects of the Metaverse have already been integrated into the business domain.

Trademark 52

Trademark Ownership Branding Brands 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Third, is Trump’s claim of ownership barred by 17 U.S.C. Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment? Issue 3: Is Trump’s claim of ownership barred by 17 U.S.C. This strikes me as the wrong result.

Copyright 120

Copyright Blogging Publishing Fair Use 120

Technology & Marketing Law Blog

MARCH 29, 2023

It took eight months, but the ownership question of the photographs has been settled. However, it is not what I expected for the first case to be finally determined: Section 512(f) and an ownership dispute between former business partners. Several years ago I offered to help my father with his business website.

Blogging 96

Blogging Fair Use Copyright Copyright Notice 96

TorrentFreak

AUGUST 23, 2022

YouTube’s motion to dismiss the amended complaint failed on a number of fronts including those related to copyright infringement claims, correct registration and ownership of copyrighted works, and allegations that YouTube removed Copyright Management Information (CMI) from content uploaded to its platform.

Copyright Infringement 118

Copyright Infringement Copyright Ownership Fair Use 118

43(B)log

AUGUST 11, 2022

common ownership are reciprocal. And it’s not really joint ownership in the real property sense b/c there is always a way out of joint ownership—severance to turn it into tenancy in common, which limits the costs that holdout joint owners can impose on each other. Focus on owner’s conduct, not user’s, as fair use does.

Music 56

Music Copyright Ownership Derivative Work 56

Kluwer Copyright Blog

AUGUST 7, 2023

In this case, the author of the original work retains ownership of the original, while the author of the derivative work holds rights to the creative additions they have made. In the United States, the Copyright Act outlines the concept of fair use – situations where usage does not require authorization. 37, 2018). [3]

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

LexBlog IP

OCTOBER 10, 2023

What if the social media account is used to promote the account owner’s own goods or services, or a third party’s brand? Copyright Law grants the author the exclusive rights to exploit the work, subject to certain fair use defenses. As many readers know, U.S. But the artist can waive these rights in writing.

Social Media 52

Social Media Art Fair Use Moral Rights 52

SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. Her previous posts on the blog can be viewed here , here , here and here.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

Copyright Lately

MARCH 6, 2023

The company also asserts copyright ownership in two “director’s statements” written by Coakley about the alleged on-set bullying, as well as in Coakley’s planned derivative project about the making of Runt. The Sixth Circuit ruled in Balsley’s favor, rejecting Hustler ‘s fair use defense.

Copyright 79

Copyright Derivative Work Fair Use Social Media 79

SpicyIP

FEBRUARY 27, 2024

The question of ownership in the virtual world, particularly in video games, has long been debated. On the trademark side, relevant is this post by Bhavya Solanki and Medha Bhatt discussing the applicability of the fair use provisions of trademark law to the unauthorized use of trademarks in the virtual world.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

SpicyIP

SEPTEMBER 28, 2023

The post discusses the evolving legal dynamics of trademark use and infringement in internet advertising, particularly in the Indian context, and to raise questions about its impact on trademark holders and businesses. Findings of the Court in Google LLC v. With the remarkable share of 33% in the GDP and 43.6%

Advertising 110

Advertising Advertising Trademark Marketing 110

IIPRD

FEBRUARY 25, 2022

NFTs have indeed transformed the world of digital assets and ownership, with sales as high as $2.47bn only 6 months into 2021. Tokenisation and Ownership of Digital Assets under NFTs. However, the issues of trademark infringement and fair use are fended off under the garb of interpretation and protection of art.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Ownership Intellectual Property 40

The IPKat

SEPTEMBER 21, 2022

Kats of course generally have no problem viewing the bottom of a saddle from our vantage point, the more pertinent bicycle-related issue being that of tender tails crossing paths with busy humans on wheels. The question of transformative fair use at the heart of Andy Warhol Foundation for the Visual Arts, Inc.

IP 76

IP Reporting Designs Design 76

Corsearch

FEBRUARY 15, 2024

X (formerly Twitter) is one of the most popular social media platforms for businesses and individuals, with around 335 million monthly active users worldwide. Allowing brands to connect with their consumers and establish a recognizable online presence, it is a crucial platform to reach audiences on a global scale.

Branding 59

Branding Brands Branding Social Media 59

IIPRD

APRIL 21, 2021

These goods and services present online that form the bread and butter for business are a protected product/content that is categorized as intellectual property and is protected under the Intellectual Property laws through copyright, trademark , design , etc.

Intellectual Property 40

Intellectual Property Business Copyright Intellectual Property Law 40

SpicyIP

MAY 18, 2022

As is being argued in the Nike case, it may also be argued that virtual goods are nothing but a representation / proof of ownership of a physical product. Without clarity and guidance on how applicants should describe such goods, overbroad protection will benefit first filers and genuine businesses that want to enter this space will suffer.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

LexBlog IP

DECEMBER 6, 2021

Non-disclosure Agreements (NDAs) for Ownership. A trademark cannot be used to protect an invention, coding, or software program. Failure to do your research and secure the appropriate trademark protections early on could result in costly implications for your business. Non-disclosure Agreements (NDAs) for Ownership.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

Kluwer Copyright Blog

OCTOBER 17, 2023

Also, the technical feasibility needs to be confirmed as algorithms can be trained from an immense variety of sources and it might not always be easy to determine precisely which sources have been used. Some strong pressure from rightsholders can surely be expected in this regard on this side of the Atlantic as well.

Copyright 123

Copyright Art Copyright Law Licensing 123

IIPRD

JANUARY 18, 2022

It has the ability to be one-of-a-kind and unrepeatable token that cannot be split but may be used to represent real or virtual world things, as well as the token’s own qualities and ownership, all while remaining within a blockchain representation. This endows NFTs with the unique qualities that make them so desirable.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

JIPEL Copyright Blog

MARCH 16, 2022

On an administrative level, unaffiliated individuals, aware of big brands’ interests in expanding their business to the metaverse, have reportedly [1] engaged in trademark squatting by filing trademark applications with national trademark offices for virtual goods and services (mainly, in classes 09, 35, and 41). Grimaldi and Dastar Corp.

Trademark 40

Trademark Non-Fungible Tokens Branding Brands 40

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. ¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. –Doe 1 v.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Implications: too much memorization undermines arguments in favor of fair use.

Social Media 52

Social Media Fair Use Advertising Advertising 52

43(B)log

AUGUST 4, 2021

Cathay Smith: Do you foresee a point in time at which an AI might be able to make a fair use/fair dealing decision in the moment? But fair use/dealing typically involves reproduction of a limited portion, and AI could calculate portion. EFF doesn’t want fair use cases in the system; MPAA does.

Copyright 90

Copyright Trademark Copying Fair Use 90

43(B)log

AUGUST 11, 2022

But there was pressure from the market: this is a business trying to make money. Another use: branding function for purposes of parody/humorously assert rights or ownership. Implications: insight into understanding of TM by ordinary citizens; does it create misconceptions about ownership?

IP 72

IP Copying Marketing Marketing 72

IP and Legal Filings

FEBRUARY 16, 2023

Once the mark is registered under trademark act, the mark then gives the proprietor some rights to enjoy with the trademark repetitively and liabilities to maintain so that the proprietor doesn’t lose the ownership. Therefore, for a usage to be considered legitimate, the mark must really be utilized for commercial gain. Beri & Co.

Trademark 52

Trademark Registration Registering Trademarks Advertising 52

43(B)log

AUGUST 4, 2023

Regulating terms of trade also permitted, including © ownership/exclusivity/restricting investment in local productions. Each can veto an entire business. There’s no protection for circumvention aimed at noninfringing or fair uses in most circuits. Many uses are noninfringing but not subject of direct case law.

Copyright 52

Copyright Fair Use Marketing Marketing 52

LexBlog IP

APRIL 13, 2022

2] Dash originally planned to use SuperFarm, an NFT website, to mint and sell the NFT of the album. [3] Tarantino [14] also involves a dispute over copyright ownership, along with claims for trademark infringement and breach of contract. However, Damon lacked any individual interest in the copyright. [2] Miramax LLC v.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

The Kremen case involved the alleged theft of the sex.com domain name by improperly modifying the electronic records evidencing ownership of the domain name. Website owners can prevent the unauthorized reassignment of their ownership interests, such as someone trying to modify their copyright registration records. Implications.

Licensing 89

Licensing Copyright Contracts Advertising 89

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

OCTOBER 4, 2021

The court found that this was nominative fair use, which provides a defense in the Ninth Circuit when a trademarked product or service isn’t readily identifable without use of the mark, the use is no greater than necessary, and the defendant does nothing else to suggest confusion.

IP 94

IP Trademark Advertising Advertising 94