The IP Law Blog

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. Genius sued Google for breach of contract over music transcriptions. Hetronic International.

Copyright 97

Copyright Trademark Fair Use Contracts 97

Technology & Marketing Law Blog

APRIL 22, 2024

This is one of several copyright cases brought by tattoo artists against videogame makers for depicting athletes bearing their tattoos. That case involved a photographer who sued the tattoo artist for depicting the copyrighted photo in a tattoo. WWE 2K Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik

Licensing 75

Licensing Copyright Blogging Fair Use 75

Plagiarism Today

MAY 31, 2022

1: Pinterest Prevails in Photography Copyright Dispute. However, the court has ruled that Pinterest is protected by the Digital Millennium Copyright Act (DMCA), which protects services that host content uploaded by users. 2: Amendment Passes to Grant Teachers Fair Use of Copyrighted Work Remotely.

Fair Use 195

Fair Use Reporting Plagiarism Copyright 195

Patently-O

OCTOBER 21, 2023

by Dennis Crouch Conventional wisdom in copyright law has been to presumptively treat all online content as protected by copyright. This approach has made sense because of the low originality standard for copyright protection. This emerging copyright-free realm poses both opportunities and challenges.

Copyright 69

Copyright Contracts Fair Use Copyright Law 69

Technology & Marketing Law Blog

OCTOBER 25, 2023

Instead, she gets a 12(b)(6) dismissal based on fair use. Purpose and Character of Use. Implications This case generally sidesteps the interesting issues involving tattoos and copyrights, but the ruling does have tattoo-specific elements. A fair use win on a motion to dismiss is a good candidate for a 505 fee shift.

Blogging 88

Blogging Copyright Fair Use Copyright Infringement 88

IP and Legal Filings

FEBRUARY 9, 2023

Introduction The copyright covers a vast domain of subject matters such as literacy, drama, music, artistic, cinematographic, and sound recordings. The act lays provision for accessibility of such copyrighted work to people with disability, such as blind, visually impaired, etc but does not lays any such guidance over the procedure.

Copyright 77

Copyright Contracts Copying Licensing 77

Technology & Marketing Law Blog

JUNE 2, 2022

Can tattoos infringe copyrights, and if yes, what remedies are appropriate? Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. Nature of Use. This factor weighs against fair use. Background. Market Effect.

Copyright 144

Copyright Social Media Fair Use Licensing 144

LexBlog IP

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. Genius sued Google for breach of contract over music transcriptions. There, U.S.-based

Copyright 52

Copyright Trademark Fair Use Contracts 52

IP and Legal Filings

NOVEMBER 11, 2022

Copyright is a form of intellectual property that protects a creator’s exclusive right to control who reproduces or alters the product of their original creative effort. Copyright protects the producers of any original work, and is relevant to almost all businesses, not just those in the creative industry. Introduction.

Copyright 52

Copyright Fair Use Registration Ownership 52

Technology & Marketing Law Blog

AUGUST 12, 2021

Under the Copyright Act, display. The first question is whether embedding the video on Sinclair’s website was a “display” that requires the permission of the copyright owner. But it cannot be that the Copyright Act grants authors an exclusive right to display their work publicly only if that public is not online.”

Social Media 140

Social Media Copyright Fair Use Licensing 140

Kluwer Copyright Blog

FEBRUARY 13, 2022

In 2015, the Program on Information Justice and Intellectual Property (PIJIP) set out to conduct empirical research on the impact of copyright exceptions. We soon realized that information about the changes to copyright law over time – which would be especially useful for empirical studies – was lacking.

Copyright 98

Copyright Copyright Law Technology Fair Use 98

SpicyIP

OCTOBER 28, 2022

As reported on Entrackr , Pocket FM has filed a copyright infringement case against Kuku FM before the Delhi High Court. Pocket FM alleges that Kuku FM has violated its copyright by providing audio summaries of books to which Pocket FM has exclusive rights to create audiobooks. Image from here. The matter is still being heard.

Copyright 126

Copyright Copyright Infringement Licensing Fair Use 126

Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. We know that he doesn’t have any copyright in the photos just because he appears in them (that would be an Innocence of Muslims redux ).

Copyright 124

Copyright Fair Use Licensing Ownership 124

Plagiarism Today

AUGUST 2, 2021

1: Manhattan Judge Rejects ‘Server Test’ for Internet Copyright Infringement. District Court Judge Jed Rakoff has issued a controversial ruling denying the “server test” of copyright law and ruling that embedding images can be an infringement of copyright law. Let me know via Twitter @plagiarismtoday.

Copyright Infringement 246

Copyright Infringement Copyright Law Licensing Reporting 246

IP and Legal Filings

JULY 21, 2022

The time is ripe to strike a balance between the copyright owner’s economic interests and the public’s right to have access to information and knowledge for growth and development of society before it turns out as blessings of talent over the curse of poverty. Copyright ensures certain minimum rights and it has never been an absolute right.

Copyright 85

Copyright Licensing Higher Education Copying 85

LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1]

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Technology & Marketing Law Blog

APRIL 1, 2023

TL;DR: a copyright takedown notice that doesn’t meet the elements of 512(c)(3) cannot give rise to a 512(f) clam. Specifically, the putative copyright owners didn’t send a proper 512(c)(3) takedown notice because: it lacked specific identification of the copyrighted works. ” Cite to ISE v.

Fair Use 106

Fair Use Cease and Desist Contracts Ownership 106

Biswajit Sarkar Copyright Blog

JULY 19, 2022

What is copyright infringement? Unauthorized use of a work protected by copyright is referred to as copyright infringement. Thus, it is the unauthorised use of someone else’s copyrighted work that violates the owner’s rights, such as the right to reproduce, distribute, exhibit, or perform the protected work.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

Plagiarism Today

SEPTEMBER 28, 2021

In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.” ” 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.

Fair Use 234

Fair Use Non-Fungible Tokens Copyright Social Media 234

Technology & Marketing Law Blog

OCTOBER 6, 2022

Last week, an Illinois jury awarded tattoo artist Catherine Alexander $3,750 in damages at the conclusion of a copyright infringement trial. 2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. by guest blogger Aaron Perzanowski , University of Michigan Law School.

Blogging 138

Blogging Fair Use Copyright Infringement Copyright 138

Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. The plaintiff gets an expensive lesson in the law of derivative works. * * * UIRC offers bonds using a private placement memorandum (PPM) and an indenture of trust.

Copyright 49

Copyright Copying Copyright Infringement Editing 49

Plagiarism Today

SEPTEMBER 21, 2022

1: Disney Loses Bid to Dismiss ‘Muppet Babies’ Reboot Copyright Suit. The judge also allowed overlapping breach of contract claims to move forward, setting the stage for a possible trial down the road. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

Licensing 172

Licensing Reporting Fair Use Plagiarism 172

LexBlog IP

NOVEMBER 28, 2023

Meme Culture Meets Copyright Law: A Guide for Businesses & Creators Memes, often humorous media fragments that spread rapidly through online sharing, are a global phenomenon that have made their way into mainstream culture. Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here?

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

43(B)log

MAY 19, 2023

Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. The court found copyright infringement adequately pled as to several figures, although substantial similarity was a “close issue.”

Copying 94

Copying False Advertising Social Media Advertising 94

Velocity of Content

MARCH 16, 2023

As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents). I speculated that this was an attempt to avoid a messy fair use dispute.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

43(B)log

FEBRUARY 3, 2023

Rosen, Fog and Fiction and Copyright Term Extension aka Who Framed Mickey Mouse? MPAA is there; “Coalition of Creators and Copyright Owners,” represented by songwriter (ASCAP, music, dramatists, BMI, SESAC, VLA, Writers Guild); National Music Publishers. Zahr Said, Shotgun Damages in Copyright Multipliers used to ratchet up damages.

Copyright 59

Copyright Copying Music Fair Use 59

TorrentFreak

NOVEMBER 18, 2022

Japan does not recognize fair use and even if it did, experts predicted that ‘Fast Movies’ would still cross red lines. “This is a ruling that fully upholds our allegations, and we believe that it should be a great deterrent against copyright infringement in the future,” a joint CODA and JVA statement reads.

Editing 136

Editing Television Copyright Infringement Advertising 136

TorrentFreak

DECEMBER 10, 2021

In short, Defendants seek to capitalize, unilaterally, on Miramax’s rights to Pulp Fiction,” Miramax wrote , demanding damages for breach of contract, copyright infringement and trademark infringement. From: TF , for the latest news on copyright battles, piracy and more. Taratino Fires Back. Affirmative Defenses and Relief.

Non-Fungible Tokens 119

Non-Fungible Tokens Cinema Contracts Fair Use 119

SpicyIP

FEBRUARY 17, 2023

In the context of certain questions that arose in the proceedings, Tanvi then brings up an interesting hypothetical i.e. what if the defendants had challenged the ownership of the copyright early on, instead of the attempt to amendment later on. Tanvi is a second-year student pursuing BA LLB at the National University of Juridical Sciences.

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

43(B)log

AUGUST 4, 2023

RT: [So one factor that might be silent here is outsourcing/contracting: b/c the military no longer makes its own stuff and seems institutionally incapable of imagining that it might, it is dependent on outside contractors, and if they won’t do it, too bad. Blake Reid, Copyright’s Periphery Copyright on a dying planet.

Copyright 52

Copyright Fair Use Marketing Marketing 52

Plagiarism Today

APRIL 4, 2022

Plagiarism is Not Copyright. As we have discussed many times before , plagiarism and copyright, though overlapping in some ways, are not the same. The most significant difference between is that copyright is a function of the law.

Plagiarism 241

Plagiarism Social Media Contracts Copying 241

IIPRD

JUNE 9, 2024

When we talk about IPR in the metaverse various types of Intellectual Properties come into the picture, for example, copyrights, patents, and trademarks. Copyrights Any original work created by any creator from an intellectual activity published in any form or medium will get automatic protection under copyright.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Designs 59

Technology & Marketing Law Blog

AUGUST 2, 2021

Some of the major changes to the book this year: I added a note on the Copyright Claims Board. Over the years, I’ve posted a number of book excerpts that are accessible for free, including: The entire chapter on online contracts. It makes a nice module to add an online contracts piece to another course. Toys ‘R’ Us v.

Editing 145

Editing Law Privacy Contracts 145

SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression?

Fair Use 116

Fair Use Copyright Reporting Licensing 116

The IPKat

JULY 9, 2023

This is a review of “ Copyright in the street. As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This book should not be perceived as a classic manual on the application of copyright to these art forms.

Art 57

Art Copyright Moral Rights Cease and Desist 57

Technology & Marketing Law Blog

JULY 12, 2022

Over the years, I’ve posted a number of book excerpts that are accessible for free, including: The entire chapter on online contracts. The chapter makes a nice module to add discussion about online contracts to another course. Primer on the Copyright Claims Board (CCB) (now deleted). Toys ‘R’ Us v. Note About Fair Use.

Editing 143

Editing Law Social Media Privacy 143

JIPL Online

MARCH 19, 2021

On November 11, 2020, the Amazon-owned live streaming platform Twitch quietly published a post titled “Music-Related Copyright Claims and Twitch” to the site’s official blog. [i] The Digital Millennium Copyright Act (the “DMCA”) is a 1998 amendment to U.S. Background.

Music 76

Music Copyright Licensing Fair Use 76