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

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

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 89

Copyright Licensing Higher Education Copying 89

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 125

Copyright Fair Use Licensing Ownership 125

SpicyIP

FEBRUARY 17, 2023

And Ors v Alexandra Elbakyan and Ors in the Multiverse of Substantive Copyright Arguments Tanvi Agarwal Image from here Back in December 2020, three major publishing houses had filed a copyright infringement suit against ‘Sci-Hub’ and ‘Libgen’ in the Delhi High Court. Discussing the Elsevier Ltd. For instance, the Plaintiff No.1’s

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

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

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

SpicyIP

MAY 2, 2022

New(s) Questions and Fair Use: Using Copyright to Curtail Expression? News Nation Network Private Limited , restrained News Nation from using, incorporating, recording, distributing, broadcasting, telecasting, disseminating, or publishing any works from the Plaintiff’s catalogue of cinematographic works, on its news channels.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

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

43(B)log

FEBRUARY 3, 2023

MPAA is there; “Coalition of Creators and Copyright Owners,” represented by songwriter (ASCAP, music, dramatists, BMI, SESAC, VLA, Writers Guild); National Music Publishers. Q: why not assume that Disney, like the music publishers, would send individual creators to front for them? Works almost like a fair use defense.

Copyright 59

Copyright Copying Music Fair Use 59

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. Background.

Music 76

Music Copyright Licensing Fair Use 76

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

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

Velocity of Content

JANUARY 31, 2023

This article was originally published in The Scholarly Kitchen. 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. An analogous situation involving open software licenses (GNU and the like) is now being litigated.

Licensing 98

Licensing Fair Use Journalism Publishing 98

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Additionally, they have the final say in how their work is published, broadcast, streamed, adapted, and exhibited. 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.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

43(B)log

AUGUST 11, 2021

Atlantic Monthly first published Twain’s work, credited to him alone, in 1874. No evidence of express consent; is telling it in front of him implied consent for him to publish it in his name w/no payment? Did Twain make fair use? He also sets the scene, so 20% is that, but 80% is her words as he remembered them.

Ownership 45

Ownership Moral Rights Copyright Publishing 45

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. The court also held that the coders did not have standing to seek damages, but they did have standing to pursue injunctive relief. Complaint at 2.

Blogging 127

Blogging Licensing Privacy Copyright Notice 127

Kluwer Copyright Blog

MAY 15, 2024

UpstateNYer, CC BY-SA 3.0 , via Wikimedia Commons The forthcoming article “Creation and Generation Copyright Standards” to be published in NYU JIPEL 2024 (see pre-publication version here ) analyses and critiques the different standards for copyright eligibility between expressive works and generative products in the U.S. copyright law.

Copyright 56

Copyright Fair Use Copyright Law Editing 56

Velocity of Content

AUGUST 10, 2022

In the aftermath of Brexit, many publishers were wondering if the UK — with its strong tradition of supporting the rights of publishers, authors, and artists — would provide another voice in defense of copyright. The options ranged from no change to UK law, to improving the licensing environment, to offering new copyright exceptions.

Law 116

Law Licensing Publishing Intellectual Property 116

43(B)log

SEPTEMBER 7, 2023

15, 2023) This is a copyright suit against Gannett for advertising-like use of a photo taken by Campbell of NFL coach Katie Sowers; the photo came from a screenshot of an ad run by Microsoft that played during the Super Bowl. The Microsoft ad was licensed by Campbell and showed the photo at about the 40-second mark.

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

43(B)log

AUGUST 4, 2021

Jacob Victor, Copyright’s Law of Dissemination: trying to disaggregate dissemination from use of a work in new creativity/e.g., transformative fair use. Judicial: Google Books/utility expanding fair use; Sony v. Trends and patterns: whether a use is compensated or uncompensated.

Copyright 45

Copyright Licensing Fair Use Contracts 45

Kluwer Copyright Blog

MARCH 6, 2023

In the same vein, studies by Piotr Przybyła et al and Alison O’Mara-Eves et al show the usefulness of AI and data mining for prioritizing and identification in Systematic Reviews. Many of the projects described below use this basic function of TDM in various specific applications. million abstracts. HathiTrust, 755 F.3d 3d 87 (2d Cir.

Copyright 122

Copyright Social Media Publishing Licensing 122

43(B)log

FEBRUARY 4, 2023

Hughes: if publisher can’t get sequel rights, then it will insist on getting the film rights and impoverish authors. Have Black musicians been able to use copyright litigation to push back against cross-racial appropriation (Three Boys), is it equal (Campbell v. Would it allow fair use? Acuff-Rose), or is it worse?

Copyright 64

Copyright Editing Settlement Music 64

Copyright Lately

OCTOBER 25, 2021

Concerned about the effect the book would have on Twain’s reputation, publisher Harper & Brothers and his daughter Clara Clemens filed a lawsuit to stop further publication of “Jap Herron.” In 1999, Cinema Secrets licensed the right to sell a Michael Myers Halloween mask from the film’s copyright owner.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

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

43(B)log

JUNE 30, 2023

Netflix isn’t covered by the DSA at all—licensed content provided by the producer. 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

SpicyIP

DECEMBER 30, 2023

Let’s collectively hope that this year brings us spicier IP developments which help shape India’s IP regime into a more fair, balanced and effective one! HarperCollins Publishers India Pvt. Microsoft Technology Licensing v. a) Top 10 IP Judgements/Orders (Topicality/Impact) 1. RDB and Co. the licensee.

IP 124

IP Copyright Trademark Intellectual Property 124

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.

Copyright 45

Copyright Fair Use Copying Music 45

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Two weeks ago, former President Donald Trump filed a lawsuit against journalist Bob Woodward and his publisher, Simon & Schuster (and its parent company Paramount Global, formerly known as Viacom-CBS), in U.S. The audiobook is also published on CD, and transcripts were published in paperback and ebook formats.)

Copyright 119

Copyright Blogging Publishing Fair Use 119

43(B)log

OCTOBER 4, 2021

The court found that this was nominative fair use, which provides a defense in the Ninth Circuit when a trademarked product or service isn’t readily identifable without use of the mark, the use is no greater than necessary, and the defendant does nothing else to suggest confusion. Example from recent case: Abrahams v.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

APRIL 7, 2023

4) Separating new regulatory expectations from underlying social contract around liability. Crops up in the US w/fair use—rightsholders don’t like the idea of fair uses. The Sony presumption of commercial use being unfair was rolled back in Campbell , but privatized © agreements override Campbell.

Due Diligence 52

Due Diligence Copyright Art Fair Use 52

43(B)log

AUGUST 11, 2022

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. Benefits: it’s about copyright, not contract, law.

Music 56

Music Copyright Ownership Derivative Work 56

Technology & Marketing Law Blog

JANUARY 24, 2023

Actualizing the fears of a capricious and thin-skinned Internet publisher calling content moderation shots. I have explained in detail how mandatory editorial transparency laws enable government censorship, both by prospectively channeling publisher behavior and through post hoc enforcement threats. (It’s CA AB 587.

Law 113

Law Social Media Government Privacy 113