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. § § 107(1) asks whether the contested use “is of a commercial nature.” § 107 is common practice. Indeed, part of 17 U.S.C. §

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Technology & Marketing Law Blog

MARCH 3, 2022

The school moved to dismiss on fair use grounds, and the district court granted the motion and awarded attorneys’ fees to the school. (I Bell appealed to the Fifth Circuit, which easily affirms the fair use dismissal and attorneys’ fees. Nature of the Use. ” Bell sued anyways. Nature of the Work.

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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. The “most important” factor was market effect, and there was none.

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Copyright Lately

MARCH 31, 2024

” A screenshot from the (now deleted) social media video at the center of the controversy. ” A screenshot from the (now deleted) social media video at the center of the controversy. Fair Use Fair use would typically be the other go-to defense in a case like Atari Interactive v.

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Copyright Fair Use Social Media Artwork 78

TorrentFreak

DECEMBER 7, 2023

Social media platform Facebook also reports huge numbers of takedowns to the EC. Other reasons for content deletion unrelated to copyright, and in some cases seemingly more complicated to determine via automated means, were in abundant supply. Those listed below represent just a small sample.

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43(B)log

FEBRUARY 18, 2022

Even where permission not legally required, thought was better results due to advances in technology—social media influencing: the advertiser wants customized content. A: History differs a lot—US foundation for ROP was set much earlier. You can cluster fair use cases. Video games: want motion capture.

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IP and Legal Filings

MARCH 5, 2024

Trademark Infringement in the Digital Landscape The internet and digital technology have enabled new types of trademark infringement through channels such as cybersquatting, keyword advertising, and social media misuse, making it more challenging for companies to safeguard their intellectual property rights. Sifynet Solutions Pvt.

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IPilogue

OCTOBER 12, 2022

Barlow and Bear went on to become viral sensations on social media and Grammy-winning artists (2022 Best Musical Theatre Album) for their production. Netflix has responded that “ Barlow & Bear’s conduct began on social media, but stretches ‘fan fiction’ well past its breaking point. District Court in D.C.

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IP Tech Blog

NOVEMBER 29, 2023

As a way to supplement her income, she put on a contest whereby her social media followers would buy gift certificates for future tattoos and would get to vote on one of several funny tattoos that would eventually be tattooed onto the artist’s husband. Netflix moved to dismiss the complaint on, among other grounds, fair use.

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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. Thomson Reuters v.

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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.

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Copyright Infringement Copyright Social Media Fair Use 131

TorrentFreak

JANUARY 2, 2022

Just recently, Japanese company Toei Animation used Content ID to remove around 150 of his videos claiming that the use of Toei clips infringed their copyrights. Mark believes his work is allowed under fair use but that didn’t seem important to Toei.

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Social Media Fair Use Copyright Infringement Copyright 132

Plagiarism Today

SEPTEMBER 28, 2021

I understand a lot of you may be upset that I saw a photo on social media and loved it enough to imitate it in a very different style. ” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works. Bottom Line.

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Traverse Legal Blog

MAY 1, 2022

An Acceptable Use Policy (AUP) (also known as a Fair Use Policy) is a set of rules applied by the owner, creator or administrator of a network, website, or service that restricts the ways in which the network, website, or service may be used and sets guidelines as to how it should be used. Pornography. Guest Users.

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Social Media Reporting Business Fair Use 97

Technology & Marketing Law Blog

JANUARY 27, 2022

First, governments can never successfully operate a social media service. Of course, mobs, riots, rebellions, pogroms, lynchings, and other coordinated killings have taken place throughout human history, well before social media existed. social media has played an outsized role in finding and prosecuting the insurrection.

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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.

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LexBlog IP

NOVEMBER 29, 2023

As a way to supplement her income, she put on a contest whereby her social media followers would buy gift certificates for future tattoos and would get to vote on one of several funny tattoos that would eventually be tattooed onto the artist’s husband. Netflix moved to dismiss the complaint on, among other grounds, fair use.

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Copyright Lately

APRIL 19, 2022

Over the past quarter-century, transformative use has become shorthand for fair use itself. When I first heard that the Supreme Court had agreed to take up the fair use fight over Andy Warhol’s “Prince Series,” my first reaction was “Oh wow.”. Fair use is supposed to be about balance and flexibility.

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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. Unfortunately, this global reach and accessibility to a large audience also attracts bad actors looking to exploit the popularity and features of social media platforms.

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TorrentFreak

APRIL 7, 2024

It’s one of several companies in this business, but one with an interesting pitch. Errors and Nuance Upload filters are not perfect and generally lack ability to factor-in the nuances of copyright law, such as fair use.

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Copying Copyright Infringement Fair Use Social Media 91

The IP Law Blog

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. The District Court also found that the use was not fair use.

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Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir.

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Fair Use Privacy Copyright Technology 136

Technology & Marketing Law Blog

JANUARY 24, 2023

On the heels of the mandatory editorial transparency provisions in Florida and Texas’ social media censorship laws, the California legislature thought it could one-up those states by passing a law with at least 161 different disclosure requirements. The opinion upheld every aspect of Texas’ social media censorship law.

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Technology & Marketing Law Blog

JULY 5, 2021

Defendant’s acquisition of the “Floor Decor” search term could simply reflect savvy business sense in the Information Age: it is self-explanatory why Defendant Floor & Decor purchased search terms for a permutation of its own tradename. March 18, 2021). The Google AdWords purchase too may not alone evidence bad faith.

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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.

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Social Media Fair Use Advertising Advertising 52

Copyright Lately

DECEMBER 29, 2021

Instead of directly deciding whether the Java API declaring code copied by Google to create its Android smartphone platform was even subject to copyright protection in the first place, the court shoehorned the copyrightability question into a fair use analysis. Wilmott Storage Services. Am I totally off base?

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Copyright Fair Use Social Media Copying 113

Technology & Marketing Law Blog

APRIL 3, 2023

Professor Farley and I propose a trademark fair use defense that would apply to any informational or expressive use of language or designs claimed by another as a mark in connection with any goods or services. Grimaldi , and later adopted and expanded by the Ninth Circuit.

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LexBlog IP

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. The District Court also found that the use was not fair use.

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Fair Use Copyright Licensing Copying 52

Velocity of Content

AUGUST 10, 2022

The new provision may also affect those who have built partial business models around data licensing.” Full disclosure, my employer CCC has built a business model around this for research intensive industries such as pharma and chemical. The need remains for high quality, validated news unavailable from social media.

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Copyright Lately

MARCH 6, 2023

In September 2021, Coakley issued his “Director’s Statement” on social media to coincide with Runt ‘s official release. Coakley also sent the Bergers mock-ups of movie posters referencing alleged misconduct that Coakley threatened to release on social media to “gauge public reaction.” LFP , Inc. , We cannot agree.

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Copyright Derivative Work Fair Use Social Media 79

LexBlog IP

OCTOBER 25, 2023

Larson filed suit against Dorland, claiming that Dorland’s allegations of plagiarism amounted to defamation, and that Dorland’s repeated communications with American Short Fiction and the Boston Book Festival constituted intentional interference with Larson’s business relationships. ” Let’s see why.

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Copyright Social Media Plagiarism Fair Use 52

JIPEL Copyright Blog

MARCH 16, 2022

The most recent of them is the metaverse, and similar to what has happened to other parallel realities such as video games and social media, the metaverse is being invaded by fashion brands. Therefore, it is essential for anyone interested in the business of trademarks to pay close attention to the following first cases on the matter.

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Kluwer Copyright Blog

SEPTEMBER 26, 2022

freedom of expression-based exceptions and limitations, which might be covered by fair use in the US) or they were not clear enough on the practical application of those flexibilities (e.g., For example, users of social media platforms (e.g., Technical protection measures were strictly applied in many cases.

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Copyright Lately

OCTOBER 24, 2022

Fair use and de minimis defenses are often unreliable, and even if you have a solid case, defending copyright infringement lawsuits is an expensive proposition. In 1997, the Second Circuit reversed the district court’s finding that BET made fair use of Faith Ringgold’s “Church Picnic Story” quilt.

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Artwork Copyright Infringement Copyright Art 88

IP and Legal Filings

SEPTEMBER 30, 2022

In addition to supporting gaming and social media, the Metaverse combines sectors of the economy, digital identity, decentralized democratic accountability, and other applications. Furthermore, some aspects of the Metaverse have already been integrated into the business domain. THE IMPLICATIONS OF THE CASE.

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Trademark Ownership Branding Brands 52

43(B)log

MAY 2, 2022

It used Chanel marks and indicia, such as Chanel artwork and images of Chanel runway shows, in advertisements and displays featured in-store and on its webpages, social media, and direct-to-consumer emails. Until 2017, it also used the hashtag #WGACACHANEL in its social media posts.

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SpicyIP

OCTOBER 1, 2023

Before bestowal, courts need to think, in appropriate cases, of rights of third parties, fair use covering mime, research/educational advancement, criticism and the like. In the bygone era before the advent of social media, picture postcards featuring beloved Indian screen actors were all the rage.

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