43(B)log

FEBRUARY 3, 2023

Works almost like a fair use defense. 30% in dataset prevail on independent de minimis defense, which is not just substantial similarity and not just fair use, contrary to Nimmer and previous study. Where is de minimis used elsewhere? Could attend to contracts of adhesion in that way.

Copyright 59

Copyright Copying Music Fair Use 59

IP Tech Blog

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Implied-in-Law Contract/Unjust Enrichment. That can’t possibly be right. Implications.

Licensing 87

Licensing Copyright Contracts Advertising 87

SpicyIP

SEPTEMBER 4, 2023

The court held that it cannot decide at an interim stage on the question of whether an injunction can be obtained in the light of Sections 41 and 14 of the Specific Relief Act, read with Section 27 of the Contract Act.

Cease and Desist 105

Cease and Desist Patent Prosecution Trademark Derivative Work 105

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. But I think this might have more to do with the way the lawyers pleaded this issue rather than the quality of the potential breach of contract claim here.

Blogging 126

Blogging Licensing Privacy Copyright Notice 126

43(B)log

FEBRUARY 4, 2023

Justin Koo, Exporting Fair Use to Developing Copyright Systems Difficult to grow when the law doesn’t have flexibility—across the Commonwealth Carribean. Either involuntarily imposed on us or adopted from UK w/o adaptation to local needs/lack of resources in former colonies. Will importing fair use solve any problems?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

43(B)log

FEBRUARY 4, 2023

Racial stereotypes in children’s works can reinforce internalized racism, sexism, and white supremacy. Is publicly cancelling a work abandonment? Would it allow fair use? In many cases, works edited rather than withdrawn. Team-authored works: dramatic, musical, audiovisual. Derivative work?

Copyright 64

Copyright Editing Settlement Music 64

43(B)log

SEPTEMBER 7, 2023

When she became aware of the use, she promptly sent a C&D. (It The court also rejected summary judgment on a fair use defense. Even assuming the purpose of Defendants’ use was to make the BTO ad available for commentary and criticism, that purpose itself, in the context of this case, is commercial” (citing Warhol ).

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

Copyright Lately

OCTOBER 25, 2021

” They argued that had Twain really written the book, Clemens’ estate would own the copyright and Harper would have the exclusive right under contract to publish it. New Line successfully moved for a preliminary injunction to block the video’s release.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. There’s a fair amount to unpack here, so let’s start with the facts, which I’ve compiled from my review of court files in both New York and California. .” LFP , Inc. ,

Copyright 79

Copyright Derivative Work Fair Use Social Media 79

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment? Absent consent, fair use, or a First Amendment defense, publishing the interviews without Trump’s consent is therefore a violation of his copyright.

Copyright 118

Copyright Blogging Publishing Fair Use 118

43(B)log

AUGUST 11, 2022

Also: what about derivative works? So how do you build in that to recognize contribution to singular work v. creation of derivative work. In UK/Canada, joint ownership rules allow us to say “no derivative works without all of us agreeing.”

Music 56

Music Copyright Ownership Derivative Work 56

LexBlog IP

JANUARY 10, 2024

Those snippets seem arguably suggestive of an intent to use the former President’s input generously, perhaps more generously than fair use might otherwise allow, and in a manner often unvarnished or unprocessed to the point of being an author’s, or an author-like, contribution.

Ownership 52

Ownership Copyright Government Intellectual Property 52