Remove Cease and Desist Remove Copyright Remove Fair Use Remove Public Domain
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3 Count: Extrinsic vs. Intrinsic

Plagiarism Today

1: Supreme Court Leaves in Place Circuit Split Regarding Approach for Assessing Substantial Similarity in Copyrighted Works. 2: Judge Says ‘Vape’ Musical Parody May Go On as ‘Grease’ Copyright Claim Flops. The owners of Grease sent a cease and desist letter in August 2019 that resulted in performances of Vape being cancelled.

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

Technology & Marketing Law Blog

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.

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Guest Book Review: The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity

The IPKat

Katfriend Dr Sabine Jacques , Associate Professor in IP, IT & Media law at the University of East Anglia and author of The Parody Exception in Copyright Law (OUP 2019), provides the follow review of The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity – by Martin Senftleben.

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Why Netflix’s “Bridgerton” Lawsuit is Good for Fan Fiction

Copyright Lately

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page.

Music 102
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A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. The DMCA’s main counterbalance to copyright owner overreach was supposed to be 512(f).