Technology & Marketing Law Blog

OCTOBER 25, 2023

Instead, she gets a 12(b)(6) dismissal based on fair use. Purpose and Character of Use. “use of the entire image of the Tattoo in the 8-way split screen montage, with visual and audio effects, is appropriate to Defendants’ transformative purpose of showing the public’s reaction to Season One of the Tiger King series.”

Blogging 83

Blogging Copyright Fair Use Copyright Infringement 83

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 79

Blogging Copyright Contracts Cease and Desist 79

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

Kluwer Copyright Blog

MAY 15, 2024

Copyright Office and the explosion of litigation (see here ) in the U.S., The metadata could include a link to a bank account number so that the author/copyright holder could be directly compensated by the AI-service provider via a smart contract. The statements by authors that were consulted by the U.S.

Copyright 56

Copyright Fair Use Copyright Law Editing 56

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. 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. Diebold from 2004, which led to a $125k damages award.

Registration 111

Registration Fair Use Copyright Designs 111

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves?

Copyright 119

Copyright Blogging Publishing Fair Use 119

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

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. Besides ongoing litigation in multiple jurisdictions, the discussion of the relationship between copyright and content mining will continue – if not increase in intensity – for the foreseeable future.

Government 141

Government Related Rights Copyright Law 141

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

AUGUST 12, 2021

GvO is a win for fair use (good) but also a bad application of textualism to copyrightability. Then the dissent says you’re overriding congressional policy by applying fair use. Breyer is sort of genius in using fair use—where textualism really cannot make any inroads. Threat of © litigation?

Copyright 45

Copyright Fair Use Copying Music 45

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

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

Technology & Marketing Law Blog

OCTOBER 19, 2021

As a result, the legal issues rarely are litigated any more. * * *. The court approaches this case like it’s an adware case, but the court never once uses the term. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? ” Wait, what?

Licensing 88

Licensing Copyright Contracts Advertising 88

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 89

Editing Social Media Blogging Advertising 89

43(B)log

FEBRUARY 3, 2023

Much of the litigation thus turns on what it means for a similarity to be probative of copying. Hughes: it was the Fairness in Music Licensing Act, not the DMCA, which was intertwined. Cited over 130 times since then—cottage industry using scarcity, exclusivity, and quality multipliers; tons of default judgments.

Copyright 59

Copyright Copying Music Fair Use 59

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. Therefore, the court dismissed the application by the defendant. A hypothetical : What if ownership had been disputed earlier on? For instance, the Plaintiff No.1’s

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

43(B)log

AUGUST 11, 2022

Do other jurisdictions have litigation over editors/give © credit to editors? A lot of exploitation situations occur where WFH is standard in the industry but there was no contract, and then a problem develops, but it would have been exploitative had they signed the standard contract without a legal problem. Not available in ©.

Music 56

Music Copyright Ownership Derivative Work 56

43(B)log

FEBRUARY 22, 2021

management of litigation process, shared values. Trust or not, you had no choice but to litigate in front of Fed Cir. Compete for patent litigation? Drawn from a variety of legal sources—int’l (not in this paper’s scope), constitutional, statutory, private ordering/open licenses. recognition judges, generalized v.

IP 40

IP Fair Use Copying Intellectual Property 40

43(B)log

FEBRUARY 4, 2023

Mailyn Fidler, Cross-Racial Copyright Litigation in Music: Only a Paper Moon? Have Black musicians been able to use copyright litigation to push back against cross-racial appropriation (Three Boys), is it equal (Campbell v. Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license.

Copyright 64

Copyright Editing Settlement Music 64

43(B)log

AUGUST 4, 2023

Tort tries to get people to make safer products to encourage innovation, but also leads to anxieties about creating new stuff b/c it risks litigation v. You see ratesetting and other key license provisions. Super-narrow © license. A: No—seen something similar in disability as well. doing what everyone else is already doing.

Copyright 52

Copyright Fair Use Marketing Marketing 52

IIPRD

FEBRUARY 25, 2022

The development of these tokens has marked a new age of transparency and digital security as it is now possible to create and store a plethora of creations consisting of art, music, contracts, records, pictures, and even tweets as digital assets. IP Implications under NFTs. Conclusion.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Ownership Intellectual Property 40

43(B)log

AUGUST 11, 2022

Now, Bollywood copies Hollywood, but they use licenses—how does that compare? Licensing is also one way to do it [which seems to conflict with the idea that without this you’d get home-grown plots etc.]. Our notions of contract/markets out of which the current rules arise are themselves influenced by androcentric notions.

IP 72

IP Copying Marketing Marketing 72

43(B)log

JUNE 30, 2023

Netflix isn’t covered by the DSA at all—licensed content provided by the producer. Answer: may need to be litigated. And requiring licensing from YT providers, including individual users, blurs this further. YT agreed not to consider fair use in content takedowns from a major movie studio—a concession that affected other users.

Law 40

Law Licensing Reporting Litigation 40

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

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

JANUARY 24, 2023

And if Musk ever flips any of Twitter’s long-standing legal or policy positions in litigation or lobbying, he could truly melt down the industry. So what do we make of the earlier rulings that suggested hiQ had a legally protected right to scrape? ¯_(ツ)_/¯ CCB Launches We have a new venue for copyright litigation.

Law 113

Law Social Media Government Privacy 113

43(B)log

FEBRUARY 24, 2023

Discussants: Dev Gangjee: If even what counts as an indication of source has changed so much, must wonder where TM is going b/c of franchises, contractual arrangements and licensing—the whole guarantee of quality story just doesn’t make sense any more. Assignment in gross seems anachronistic given the development of licensing.

Trademark 49

Trademark Branding Brands Branding 49