LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. The first factor of fair use considers the nature of and reasons for a copier’s use of an original work. [4]

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Plagiarism Today

SEPTEMBER 21, 2022

He claimed he owned the production bible that the original show was based upon, and Disney did not seek permission or license its use in the reboot. The judge also allowed overlapping breach of contract claims to move forward, setting the stage for a possible trial down the road.

Licensing 175

Licensing Reporting Fair Use Plagiarism 175

Technology & Marketing Law Blog

SEPTEMBER 23, 2022

The case involves ShutterStock, a photo licensing service. (We We used ShutterStock as the blog’s image provider for several years). ShutterStock has a “contributor” program that allows anyone to upload photos into their licensing database in exchange for a fee if licensed.

Licensing 84

Licensing Copying Blogging Copyright 84

Plagiarism Today

AUGUST 2, 2021

In the case, Nicklen argued that a photographer or videographer that uses Facebook or Instagram to promote their content should not automatically give up the right to license it to third parties, such as Sinclair. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Copyright Infringement 246

Copyright Infringement Copyright Law Licensing Reporting 246

Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. To briefly summarize, the court left the fair use question entirely to the jury, despite its own pre-trial order and the Supreme Court’s recent decision in Google v. Warner Bros.

Blogging 133

Blogging Fair Use Copyright Infringement Copyright 133

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. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

LexBlog IP

NOVEMBER 28, 2023

But wait, shouldn’t the Fair Use Doctrine imputed under the First Amendment apply to an obviously parodied creative work? All meme-like images in this article are properly licensed. Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here? Yes and no. What about meme generators?

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

Technology & Marketing Law Blog

APRIL 6, 2022

The “Platform Policy” appears to grant a broad license to users of the API. The current terms make clear that platform API users are not automatically granted a license and must independently secure rights in any content they embed. Fair use is also an issue best left for trial : Newsweek also argued fair use.

Licensing 114

Licensing Fair Use Blogging Copyright 114

Technology & Marketing Law Blog

JUNE 2, 2022

Nature of Use. It wasn’t possible to use only a portion of the photo to depict melancholy, so I guess the court is saying Kat Von D should have picked a different image altogether? This factor weighs against fair use. Also, see Q2 of my 2005 contracts law exam and the sample answer. Market Effect.

Copyright 142

Copyright Social Media Fair Use Licensing 142

Patently-O

OCTOBER 21, 2023

The result then has been that users would focus on whether they have a license; whether the intended use is a “fair use;” and (perhaps) whether the copyright holder is likely to discover the infringement and attempt to enforce their rights. This potential future holds many uncertainties.

Copyright 67

Copyright Contracts Fair Use Copyright Law 67

Velocity of Content

MARCH 16, 2023

I speculated that this was an attempt to avoid a messy fair use dispute. As I also mentioned, Microsoft’s lawyers seem to think that fair use excuses copying for AI purposes everywhere, so I would expect Microsoft to try that defense here, given its lack of other arguments. is being used as code.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Technology & Marketing Law Blog

OCTOBER 25, 2023

Instead, she gets a 12(b)(6) dismissal based on fair use. Purpose and Character of Use. ” The court doesn’t address the potential licensing market for the tattoo design. It’s nice to see the court use the Goldsmith case to cement the defense’s fair use win. Or the $50k.

Blogging 82

Blogging Copyright Fair Use Copyright Infringement 82

Technology & Marketing Law Blog

AUGUST 12, 2021

Fair use : The court also grapples with fair use. Citing to Barcroft and McGucken , the court says that the “photograph itself is the subject of the story” so this weighs in favor of fair use. The third factor cuts against fair use since the entirety of the video was used. United Sports.

Social Media 140

Social Media Copyright Fair Use Licensing 140

Plagiarism Today

SEPTEMBER 28, 2021

” 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. Three years later, she licensed one of those photos of Vanity Fair who, with permission, commissioned a new work based on it by Andy Warhol. Bottom Line.

Fair Use 235

Fair Use Non-Fungible Tokens Copyright Social Media 235

IP and Legal Filings

FEBRUARY 9, 2023

i] It required the contracting parties to implement limitations and exceptions to their national law of copyright in their country for permitting the production, distribution, and accessibility of published work in such a format that is convenient as well as permission to exchange such copyright works across borders and serve the beneficiaries. [ii]

Copyright 76

Copyright Contracts Copying Licensing 76

The IPKat

APRIL 4, 2024

The disproportionate remuneration stemmed from contracts entered into with dominant players, especially in the music industry, and this has over time been a major source of worry for the South African government. The MITT and CRC found the Copyright Act to be inadequate in addressing the issues.

Copyright 132

Copyright Music Artistic Work Contracts 132

Technology & Marketing Law Blog

JANUARY 25, 2023

Here’s an example of a subject photo from his complaint (which, based on this ruling, I’m now confident he can’t sue me for; plus fair use), with some pretty obvious photography flaws: His copyright claims raise a simple but troubling question: who owns the photos taken with his camera?

Copyright 124

Copyright Fair Use Licensing Ownership 124

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. This has important implications for the doctrine of fair use.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

IP and Legal Filings

JULY 21, 2022

The most universal limitations to the rights of the owner are the right to copy insubstantial parts and the right of fair dealing or use. Here, the Fair use doctrine does not define any boundary within which anything can be put, the list can be endless. No educational institution applied for any licenses till now.

Copyright 84

Copyright Licensing Higher Education Copying 84

Biswajit Sarkar Copyright Blog

NOVEMBER 19, 2021

Works made in one of the Contracting States are afforded the same level of security in all other Contracting States. Then, protection will be denied by other contracting states. In some instances, the copyrighted work is allowed to be used without authorization, in case of remuneration fixed by law.

Contracts 52

Contracts Artistic Work Fair Use Licensing 52

IP and Legal Filings

NOVEMBER 11, 2022

A copyright of a work may belong to its creator or the employer of the creator, as it is defined in the contract between those two parties in advance. In China, certain reasonable or personal use of copyrighted works without permission or remuneration is permitted where the use falls within the scope of fair use.

Copyright 52

Copyright Fair Use Registration Ownership 52

SpicyIP

MAY 2, 2022

You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? In response the Defendant claimed, “ fair use” and “ de minimis” use. A mere quantitative analysis of the duration of content used does not matter. Akshat Agrawal.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

JIPL Online

MARCH 19, 2021

The issue lies mostly in how the DMCA incentivizes online service providers to "expeditiously" handle licensing issues. This approach has led to creator's having to delete entire backlogs based on claims that would likely be considered fair use if actually looked into because it is the most efficient solution for the platform.

Music 40

Music Content Creation Copyright Fair Use 40

Technology & Marketing Law Blog

MAY 27, 2023

The court says: “whether YouTube has a license for a particular work will be a matter of intense inquiry at trial.” This is on top of the necessarily individualized considerations like fair use. If she can’t figure out who is in charge of her rights, how is YouTube supposed to figure it out?

Ownership 65

Ownership Licensing Copyright Fair Use 65

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The court summarizes: “Meta claims that it raised issues with Plaintiffs, including “nominative fair use,” “commentary,” and “the un-likelihood of confusion based on the appearance of the marks in the actual marketplace, as they will be encountered by consumers.””

Trademark 91

Trademark Contracts Blogging Fair Use 91

Technology & Marketing Law Blog

DECEMBER 15, 2021

To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions.

Registration 111

Registration Fair Use Copyright Designs 111

SpicyIP

OCTOBER 28, 2022

Pocket FM claims to have an exclusive license from Manjul Publishing House, the publisher of translated titles, that holds the Hindi rights to these books. We are not aware of the exact terms of this contract and the specific rights licensed to Pocket FM.

Copyright 126

Copyright Copyright Infringement Fair Use Licensing 126

JIPL Online

MARCH 19, 2021

Given the disparity in negotiating power between a platform the size of Twitch and individual creators, Twitch is better situated to take on the burdens of negotiating a music licensing solution on behalf of all of the creators who drive traffic to their site. [i]

Music 76

Music Copyright Licensing Fair Use 76

43(B)log

FEBRUARY 3, 2023

Hughes: it was the Fairness in Music Licensing Act, not the DMCA, which was intertwined. E.g., these images were good, so you should apply a quality multiplier; scarce, so you should apply a scarcity multiplier to the standard quoted rate; also P didn’t want to license them so should get an exclusivity multiplier.

Copyright 59

Copyright Copying Music Fair Use 59

The IPKat

FEBRUARY 3, 2023

On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe. It should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law.

Government 141

Government Related Rights Copyright Law 141

JIPEL Copyright Blog

MARCH 9, 2022

prevent intentional modification of their work and attribution to the modified work) claims by claiming fair use under § 107 of the Copyright Act of 1976, which permits fair use of a protected work for purposes such as criticism, comment, teaching, scholarship, or research.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

SpicyIP

FEBRUARY 17, 2023

In the absence of this economic aspect of the agreement it was void under Section 23 and 25 of the Indian Contract Act, 1872 and Section 16 and 19 of the Copyright Act, 1957. For instance, the Plaintiff No.1’s For articles published under the subscription model, the authors typically transfer copyright to Elsevier.”

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” We need to know more about this license. It seems like this license could be dispositive to the case, but the court doesn’t explore it more. ” Wait, what?

Licensing 88

Licensing Copyright Contracts Advertising 88

IP and Legal Filings

FEBRUARY 9, 2022

Bluetooth”) owns various trademark registrations which it licenses to other companies to use in promoting a product’s Bluetooth-compatibility. As FCA had never executed the Agreement, the court refused to enforce a forum selection clause of a contract that did not exist. Bluetooth SIG, Inc.

Trademark 52

Trademark Licensing Registration Fair Use 52

Technology & Marketing Law Blog

AUGUST 29, 2022

I posted a chapter from the book: Online Contracts. How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Wouldn’t It Be Great if Internet Services Had To License Technologies Selected by Hollywood? Regulation of Political Advertising (2022 Edition). Blog Posts.

Editing 88

Editing Social Media Blogging Advertising 88

Velocity of Content

JANUARY 31, 2023

I have had people tell me with doctrinal certainty that Creative Commons licenses allow text and data mining, and insofar as license terms are observed, I agree. Full disclosure: CCC offers RightFind XML, a service that supports licensed commercial access to full-text articles for TDM with value-added capabilities.) GitHub Inc.,

Licensing 98

Licensing Fair Use Journalism Publishing 98

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Recognize the subtleties of fair use. If you can’t get permission, you can still freely use original work for non-commercial purposes if you are aware of your rights under fair use. Before using someone else’s creation, consider how your actions will affect its market worth. Do not copy anything.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52