The IP Law Blog

JANUARY 19, 2023

In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. We’ll start with Andy Warhol Foundation v.

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Copyright Trademark Fair Use Contracts 97

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.

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Blogging Copyright Contracts Cease and Desist 80

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? Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here? Case Law: Instances Where Fair Use Was Not Upheld Andy Warhol Foundation for the Visual Arts, Inc.

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Fair Use Intellectual Property Settlement Business 52

Technology & Marketing Law Blog

APRIL 1, 2023

As for the tortious interference claim, App Star alleges that by submitting the DMCA notification to service providers, Bar-Z interfered with App Star’s contracts with certain chambers of commerce. Here, the Court has already found that Bar-Z had a legal right to interfere with App Star’s contracts with the chambers of commerce.

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Fair Use Cease and Desist Contracts Ownership 103

Velocity of Content

JANUARY 31, 2023

An analogous situation involving open software licenses (GNU and the like) is now being litigated. While the plaintiffs’ attorney indicated that an infringement claim might be added later , I suspect that this was done to avoid a messy fair use dispute. On November 4 th , a class action lawsuit — Doe 1 v. GitHub Inc.,

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Licensing Fair Use Journalism Publishing 98

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.

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Copyright Fair Use Copyright Law Editing 56

Technology & Marketing Law Blog

APRIL 6, 2022

As the court notes in a footnote, Instagram has changed its policy since the onset of the litigation. Fair use is also an issue best left for trial : Newsweek also argued fair use. Another Court Says Embedding Instagram Photos May Be Fair Use–Boesen v. Ninth Circuit Opinion in Perfect 10 v.

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Licensing Fair Use Blogging Copyright 115

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?

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Copyright Fair Use Privacy Derivative Work 59

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?

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Copyright Fair Use Licensing Ownership 124

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. The court also credits the self-serving claim by the successor licensee that it considered fair use by comparing the works and evaluating if the works were being sold commercially or for other purposes. A New 512(f) Plaintiff Win!

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Registration Fair Use Copyright Designs 112

43(B)log

FEBRUARY 3, 2024

Are courts just mistaking the nature of the consumer or just ignoring it and using other factors? Laura Heymann Thinking about how consumers view their interactions with companies both as a matter of branding and as a matter of contracts, specifically on social media. Different brands under helm of same producer can be surprising.

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False Advertising Contracts Branding Brands 49

Technology & Marketing Law Blog

AUGUST 7, 2023

Meanwhile, product design is the real Section 230 battlefront today, and the Lemmon case is the flagship case for that line of litigation. Verio ruling (both the contracts and TTC portions) and the Hamidi ruling. The chapter makes a nice module to add discussion about online contracts to another course. Contracts Meyer v.

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Editing Law Contracts Privacy 52

The IPKat

FEBRUARY 3, 2023

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. It is evident that the eventual scope of Section 29A owed to the possibilities and constraints under Article 5(3)(a) of the InfoSoc Directive.

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Government Related Rights Copyright Law 141

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?

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Copyright Fair Use Copying Music 45

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.

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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. 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? 2d at 206.

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Copyright Blogging Publishing Fair Use 120

The IP Law Blog

MAY 18, 2023

The issue of whether training an AI tool on existing copyright-protected works constitutes infringement or is fair use is currently being litigated in a number of cases. The creator of an AI-generated “soundalike” song certainly can’t hold the song out as being from the actual artist.

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Music Fair Use Copyright Law 52

43(B)log

FEBRUARY 3, 2024

Allowed producers to control coffee machines by putting software in them; can prevent use, resale, using unsupported coffee. voluntariness seems like a problem here] Doing this without privity means that even if it could all be done w/contract, 1201 goes beyond what contract could have done.

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Privacy Fair Use Fanworks Government 59

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. Gellis [a standard post, but it has generated extra interest because the two litigants are locked in a noisy death grip). Regulation of Political Advertising (2022 Edition).

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Editing Social Media Blogging Advertising 89

LexBlog IP

MAY 18, 2023

The issue of whether training an AI tool on existing copyright-protected works constitutes infringement or is fair use is currently being litigated in a number of cases. The creator of an AI-generated “soundalike” song certainly can’t hold the song out as being from the actual artist.

Music 52

Music Fair Use Copyright Copyright Law 52

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 ©.

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Music Copyright Ownership Derivative Work 56

43(B)log

FEBRUARY 3, 2023

Much of the litigation thus turns on what it means for a similarity to be probative of copying. 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.

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Copyright Copying Music Fair Use 59

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? Chapman, which RT suggested in chat was “experimental use comes to ©,” might be about creative self-fulfillment as well as ultimately commercial. specialized judge, etc.),

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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. Would it allow fair use? Acuff-Rose), or is it worse? Who sues who? what does that mean?]

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Copyright Editing Settlement Music 64

LexBlog IP

MAY 18, 2023

The issue of whether training an AI tool on existing copyright-protected works constitutes infringement or is fair use is currently being litigated in a number of cases. The creator of an AI-generated “soundalike” song certainly can’t hold the song out as being from the actual artist.

Music 40

Music Fair Use Copyright Copyright Law 40

JIPL Online

MARCH 19, 2021

xiv] Section 512 enables copyright holders to protect their legitimate interests without the need to pursue litigation by requiring OSPs to remove infringing online content via a notice-and-takedown system. [xv] In this scenario, content creators disproportionately bear the costs of avoided litigation and asserting their fair use rights.

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Music Copyright Licensing Fair Use 76

Copyright Lately

DECEMBER 12, 2022

” The Court held that 2 Live Crew’s version qualified as a non-infringing fair use because it was a parody that sufficiently transformed the Orbison original. On March 8, 1994, The New York Times reported 2 Live Crew’s Supreme Court fair use victory. Lil’ Joe Makes a Deal.

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Copyright Music Fair Use Social Media 103

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?

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Licensing Copyright Contracts Advertising 89

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. Lastly, the trading of NFTs is also protected under the garb of doctrine of first sale.

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Non-Fungible Tokens IP Ownership Intellectual Property 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.

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Non-Fungible Tokens Social Media Contracts Branding 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. Therefore, the court dismissed the application by the defendant. A hypothetical : What if ownership had been disputed earlier on?

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Copyright Ownership Publishing Copyright Infringement 98

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. There’s no protection for circumvention aimed at noninfringing or fair uses in most circuits. Many uses are noninfringing but not subject of direct case law.

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Copyright Fair Use Marketing Marketing 52

43(B)log

AUGUST 12, 2022

And tech has limited ability to understand context of fair use/fair dealing. If failed, online dispute resolution/court litigation. Consent: we’re transferring our rights all the time by contract. If you don’t change contract law, you may not have bought much with this reconfiguration either.

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Privacy Inventor IP Government 59

43(B)log

AUGUST 11, 2022

The upside-down free riding story is just as hard to tell in litigation as the mosaic of exceptions and limitations that we already struggle to tell. Our notions of contract/markets out of which the current rules arise are themselves influenced by androcentric notions. But maybe there’s a way to tell it differently.

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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.

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Law Social Media Government Privacy 114

43(B)log

JUNE 30, 2023

Answer: may need to be litigated. YT agreed not to consider fair use in content takedowns from a major movie studio—a concession that affected other users. We won’t see the contracts b/t platforms and other entities, which is an issue, bypassing regulatory control. May depend on targeting of users as well. [I

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CoCal IP Law Institute

NOVEMBER 8, 2023

Please join us on Monday, November 13, 2023 at Noon, where we will discuss the issue of master ownership and the legal copyright conflicts between record labels and artists. Taylor Swift may be the first to make this copyright issue truly public, leaving fans wondering who really owns Swift's music and why. She says she [.]

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Copyright Law Copyright Ownership Law 52