Technology & Marketing Law Blog

OCTOBER 4, 2022

One weird piece: the court implies that a copyright owner can enforce violations of access control limits deployed by third parties, i.e., RIAA could sue Yout for Yout’s violation of YouTube’s access control technology. It sought a declaratory judgment that it did not violate 17 USC 1201(a)(1) or 1202. The complaint.

Cease and Desist 86

Cease and Desist Fair Use Copyright Blogging 86

Technology & Marketing Law Blog

DECEMBER 5, 2022

Day to Day Imports. * Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Okularity. * Copyright Plaintiffs Can’t Figure Out What Copyrights They Own, Court Says ¯_(?)_/¯. * A 512(f) Case Leads to a Rare Damages Award (on a Default Judgment)–California Beach v.

Marketing 75

Marketing Marketing Cease and Desist Fair Use 75

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. Source Capital alleges that no copyright violation took place at all. Hawai‘i Aug. Hawai‘i Aug. Zoox * Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v.

Fair Use 65

Fair Use Cease and Desist Copyright Ownership 65

Technology & Marketing Law Blog

MARCH 6, 2022

Babybus runs a competitive channel that Moonbug believes infringes its copyrights. An example: Moonbug submitted takedown notices to YouTube covering at least 70 videos and sued Babybus for copyright infringement. Canning. * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown Notices–Amaretto v.

Fair Use 97

Fair Use Cease and Desist Copying Copyright Infringement 97

Technology & Marketing Law Blog

AUGUST 18, 2022

The Copyright Office registered this work: The registration makes sense with the landscape backgrounds. Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Canning. * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown Notices–Amaretto v. The Lower Court Ruling.

Fair Use 104

Fair Use Cease and Desist Copyright Blogging 104

The IPKat

MAY 26, 2023

Last year, former GuestKat Jan Jacobi reported both the Warsaw District Court’s Referral to the CJEU and AG Rantos’ Opinion on the TB v Castorama Polska and Knor litigation (see IPKat posts here and here ). One of TB's images Background TB (the Claimant), a natural person, owned certain images that are protected by copyright under Polish law.

Intellectual Property 67

Intellectual Property Cease and Desist IP Ownership 67

Technology & Marketing Law Blog

AUGUST 8, 2021

The Television Academies sued Goodman for copyright infringement, trademark infringement and dilution, and defamation. Copyright Infringement/Fair Use. Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v.

Fair Use 130

Fair Use Television Cease and Desist Copyright 130

Technology & Marketing Law Blog

MAY 30, 2022

Recently, a district court in the same circuit took up a very similar issue, assessing Viacom’s trademark and copyright infringement claims against the owner and operator of a pop-up restaurant and bar called The Rusty Krab.

Blogging 92

Blogging Social Media Television Fair Use 92

Technology & Marketing Law Blog

DECEMBER 15, 2021

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).

Registration 112

Registration Fair Use Copyright Designs 112

IP Whiteboard

JUNE 7, 2021

This means that each time an NFT changes hands, the transaction is verified, adding a new record to the chain of ownership. The ownership of an NFT can be easily authenticated, meaning buyers can have confidence that they are buying the real deal. Digital works which are the subject of NFTs will often incorporate copyright material.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

SpicyIP

NOVEMBER 21, 2022

Ruchi Sharma highlights a few findings of the Economic Advisory Council to the Prime Minister’s report “Why India Needs To Urgently Invest In Its Patent Ecosystem?” and emphasizes on the need to facilitate data access by IPO for the betterment of the national innovation system, something which the above report is silent on.

IP 100

IP Cease and Desist Patent Music 100