Technology & Marketing Law Blog

AUGUST 8, 2021

Goodman counterclaimed for 512(f) and violation of New York’s anti-SLAPP law. Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use. The court rejects Goodman’s motion to dismiss. ” UGH.

Fair Use 132

Fair Use Television Cease and Desist Copyright 132

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Blogging 82

Blogging Copyright Contracts Cease and Desist 82

Technology & Marketing Law Blog

APRIL 29, 2023

With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Day to Day Imports * Satirical Depiction in YouTube Video Gets Rough Treatment in Court * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Babybus * A 512(f) Plaintiff Wins at Trial!

Fair Use 100

Fair Use Cease and Desist Copyright Trademark 100

Technology & Marketing Law Blog

DECEMBER 5, 2022

It’s typically pointless to bring a 512(f) claim because the law makes it almost impossible to win. Nevertheless, the court concludes that the plaintiff’s 512(f) suit was objectively unreasonable because: the state law claims had been previously dismissed in state court. Alper Automotive v.

Marketing 77

Marketing Marketing Cease and Desist Fair Use 77

Technology & Marketing Law Blog

MARCH 15, 2022

” Another obvious gaffe: the court didn’t address the caselaw saying that 512(f) preempts state law claims like tortious interference, which would have cleaned up its other errors. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Copyright 130

Copyright Cease and Desist Fair Use Litigation 130

Technology & Marketing Law Blog

OCTOBER 4, 2022

Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Alper Automotive v.

Cease and Desist 88

Cease and Desist Fair Use Copyright Blogging 88

Technology & Marketing Law Blog

AUGUST 16, 2023

“Courts in the Ninth Circuit have regularly held that the DMCA preempts state law claims arising out of submission of takedown notices.” ” 512(f) once again wipes out state law claims, even if 512(f) doesn’t apply. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v.

Ownership 65

Ownership Cease and Desist Fair Use Copyright 65

Technology & Marketing Law Blog

AUGUST 18, 2022

Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Alper Automotive v.

Fair Use 107

Fair Use Cease and Desist Copyright Blogging 107

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Allegedly on behalf of Barrett, an SEO vendor sent DMCA takedown notices to Google, alleging that Source Capital had copied some of Barrett’s copyrighted material. Day to Day Imports * Satirical Depiction in YouTube Video Gets Rough Treatment in Court * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Fair Use 67

Fair Use Cease and Desist Copyright Ownership 67

Technology & Marketing Law Blog

MAY 30, 2022

Walking Mountain (affectionately known as the “Barbie in a Blender” case) noted that “every court to address the issue whether a defendant’s work qualifies as a parody has treated this question as one of law to be decided by the court.” The court spends more time on its likelihood of confusion analysis.

Blogging 95

Blogging Social Media Television Fair Use 95

Technology & Marketing Law Blog

APRIL 1, 2023

Additionally, App Star argues that the applications are denied copyright protection and that “Bar-Z knew or should have known that the design elements cited in the DMCA Notification” are not subject to protection under copyright law. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Alper Automotive v.

Fair Use 105

Fair Use Cease and Desist Contracts Ownership 105

TorrentFreak

APRIL 27, 2022

Over the years we’ve published thousands of articles on copyright law, from how it works in theory to its application in full-blown lawsuits. The poster noted that while it appeared the information had multiple sources, several people might have copied existing information. But would that be illegal under US copyright law?

Cease and Desist 62

Cease and Desist Copyright Infringement Fair Use Copyright 62

The IPKat

JULY 9, 2023

As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This highly illustrative aspect makes the book easier to read and more digestible than a traditional law book. It emerges that brands should pay for the use of street artworks.

Art 57

Art Copyright Moral Rights Cease and Desist 57

Intellectual Property Law Blog

JUNE 5, 2023

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use. 107), “when it conveys a different meaning or message from its source material.”

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

SpicyIP

NOVEMBER 26, 2022

Kartik and Aditya are 2nd year students at NLSIU, Bengaluru, and had earlier written for us here and here. In the last week of October, NSE proceeded to issue cease and desist notices to stock gaming apps to prevent them from using its data in their gaming apps that mirror the real-time trading of shares.

Copyright 105

Copyright Cease and Desist Copyright Law Copying 105

Technology & Marketing Law Blog

DECEMBER 15, 2021

As a double-insult, 512(f) preempts related state law claims over abusive takedown notices, so it actually leaves victims worse off than if 512(f) didn’t exist by clearing out the field. Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Registration 115

Registration Fair Use Copyright Designs 115

Copyright Lately

AUGUST 2, 2022

Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page. While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. Unlike trademark law, copyright is not a “use it or lose it” proposition.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

JIPEL Copyright Blog

MARCH 21, 2022

scene in the past, things seemed to come to a head in November 2020 when Nintendo sent a cease-and-desist letter to the Tournament Organizers (TOs) of the Big House, an upcoming streamed Melee tournament, and subsequently forced them to cancel the event. Melee , know this better than anyone.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

Plagiarism Today

DECEMBER 8, 2022

Every word and script choice was chosen with the intention of really sticking to the letter of the law and making sure that we are a parody. While parody isn’t protected in the Constitution, fair use was codified into U.S. law with the Copyright Act of 1978, his point remains. Porn Parodies and Fair Use.

Cease and Desist 194

Cease and Desist Fair Use Artwork Plagiarism 194