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. Market Effect. Also, see Q2 of my 2005 contracts law exam and the sample answer.

Copyright 142

Copyright Social Media Fair Use Licensing 142

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. Tattoo Advertising/Human Billboards.

Blogging 133

Blogging Fair Use Copyright Infringement Copyright 133

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

Technology & Marketing Law Blog

AUGUST 2, 2021

Over the years, I’ve posted a number of book excerpts that are accessible for free, including: The entire chapter on online contracts. It makes a nice module to add an online contracts piece to another course. Toys ‘R’ Us v. Note About Fair Use. Weis Markets. Primer on CCPA/CPRA. Primer on FOSTA. Illinois v.

Editing 145

Editing Law Privacy Contracts 145

43(B)log

MAY 19, 2023

Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. The court also found that the alleged use of the Roblox name was not, as a matter of law, nominative fair use.

Copying 94

Copying False Advertising Social Media Advertising 94

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. v Stability A.I.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

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.”” Meta Platforms, Inc.

Trademark 91

Trademark Contracts Blogging Fair Use 91

LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1]

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Technology & Marketing Law Blog

JULY 12, 2022

Over the years, I’ve posted a number of book excerpts that are accessible for free, including: The entire chapter on online contracts. The chapter makes a nice module to add discussion about online contracts to another course. Toys ‘R’ Us v. Note About Fair Use. Primer on CCPA/CPRA (partially deprecated).

Editing 139

Editing Law Social Media Privacy 139

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

Technology & Marketing Law Blog

APRIL 6, 2022

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. Newsweek appeared first on Technology & Marketing Law Blog. The court finds that a reasonable juror could come to either conclusion. __.

Licensing 114

Licensing Fair Use Blogging Copyright 114

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

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. The same, in its submission did not intend to impinge on the market of the Plaintiff. Akshat Agrawal.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

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. Casual speech feels more friendly. If only the tsar knew !

False Advertising 49

False Advertising Contracts Branding Brands 49

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? The complaint. –Shah v.

Copyright 124

Copyright Fair Use Licensing Ownership 124

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). I posted a chapter from the book: Online Contracts. How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Books and Academic Articles. Regulation of Political Advertising (2022 Edition).

Editing 88

Editing Social Media Blogging Advertising 88

Technology & Marketing Law Blog

DECEMBER 15, 2021

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. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Registration 111

Registration Fair Use Copyright Designs 111

SpicyIP

JUNE 19, 2022

Being born into this ‘social contract’ is the equivalent of clicking ‘I accept’ in terms of conditions on websites. A similar relationship underlies copyright and fair use – You can have a copyright over something but (for example) that doesn’t mean you can prevent a non-commercial, educational use of it.

IP 119

IP Fair Use Invention Copyright 119

IP Tech Blog

MARCH 18, 2022

The Amended Complaint emphasizes the growing importance of NFTs in the fashion and brand markets, and accuses Rothschild of usurping opportunities that rightfully belong to the brand owner, Hermès. As of March 12, 2022, the USPTO TESS Database contained 2551 trademark applications or registrations using NFT in the goods/services descriptions.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

SpicyIP

OCTOBER 28, 2022

We are not aware of the exact terms of this contract and the specific rights licensed to Pocket FM. Apart from idea-expression arguments, it remains to be seen whether audio-summaries can fall within any of the Section 52 fair use provisions.

Copyright 126

Copyright Copyright Infringement Fair Use Licensing 126

Technology & Marketing Law Blog

JANUARY 17, 2024

This case expands the canon of copyright protection for lawyer-drafted documents such as legal briefs and contracts. Even if the verbatim copying qualifies as putative infringement, many republications are likely to be covered by fair use. William Blair appeared first on Technology & Marketing Law Blog.

Copyright 46

Copyright Copying Copyright Infringement Editing 46

LexBlog IP

MARCH 18, 2022

The Amended Complaint emphasizes the growing importance of NFTs in the fashion and brand markets, and accuses Rothschild of usurping opportunities that rightfully belong to the brand owner, Hermès. At that point, US trademark applicants have an additional 3 years to begin using the mark in US commerce. ”

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

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

43(B)log

AUGUST 4, 2023

Room 204 Christopher Buccafusco (w/ Joseph Blocher), Firearms, Innovation, and Regulation How do law and markets affect the pace and direction of innovation for firearm related safety in the US? But none reached the market despite millions in R&D from National Institute of Justice. Costly inefficiencies in supply and demand.

Copyright 52

Copyright Fair Use Marketing Marketing 52

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.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

Technology & Marketing Law Blog

MAY 27, 2023

This is on top of the necessarily individualized considerations like fair use. YouTube appeared first on Technology & Marketing Law Blog. Case citation : Schneider v. YouTube LLC , 2023 WL 3605981 (N.D.

Ownership 65

Ownership Licensing Copyright Fair Use 65

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. First Amendment. Implications.

Licensing 88

Licensing Copyright Contracts Advertising 88

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.

Copyright 84

Copyright Licensing Higher Education Copying 84

SpicyIP

MAY 18, 2022

Since this is a nascent market, the earlier a name is registered and the more effort trademark holders put into educating the public about selection, endorsement and sponsorship functions (e.g. If not for these efforts, the virtual goods market has the potential to be very competitive.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

LexBlog IP

SEPTEMBER 15, 2022

They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer. In this case, beyond pure IP issues, the parties disagree over interpretation of Tarantino’s original contract with Miramax, in which he reserved all rights for print publication of the screenplay (including in digital form).

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

JIPL Online

MARCH 19, 2021

Specifically, Facebook Gaming has demonstrated that it is possible to take a proactive approach to music licensing by using your market power to negotiate blanket licenses on behalf of the content creators on your platform. Conclusion. iii] Digital Millennium Copyright Act Notification Guidelines , Twitch, [link] (last visited Feb.

Music 76

Music Copyright Licensing Fair Use 76

43(B)log

AUGUST 11, 2021

Did Twain make fair use? There’s some transformation in organization; used entire work/market substitute so Cord wouldn’t be able to sell her narrative a publisher. If a household worker had listened to Twain tell a story and published it, would we think it was fair use? Crux: was Cord an author?

Ownership 45

Ownership Moral Rights Copyright Publishing 45

Technology & Marketing Law Blog

SEPTEMBER 23, 2022

The court doesn’t discuss fair use, though that was on my mind with the references to a cropped photo. ShutterStock appeared first on Technology & Marketing Law Blog. See, e.g., Harbus v. Manhattan Institute. ShutterStock, Inc. 2022 WL 4342174 (S.D.N.Y.

Licensing 84

Licensing Copying Blogging Copyright 84

43(B)log

FEBRUARY 18, 2022

Jim Gibson, Against Reputation In contracts, defamation, TM, conceptions of reputation are misguided. Zatarain’s Fish Fri=found that small survey was enough to establish secondary meaning, while Tender Vittles from around the same time had Purina spend $4 million in one year and become market leader and still not enough for secondary meaning.

Copyright 69

Copyright Business Branding Brands 69

Kluwer Copyright Blog

MAY 15, 2024

The authors and copyright holders would like to receive a fair and equitable remuneration, while the AI-service providers would like to have access to high-quality data, such as copyrighted works, so that they can further improve their LLMs and promote the progress of innovation. The statements by authors that were consulted by the U.S.

Copyright 56

Copyright Fair Use Copyright Law Editing 56

Kluwer Copyright Blog

JANUARY 9, 2023

Goldsmith: The Supreme Court Revisits Transformative Fair Uses by Pamela Samuelson. Supreme Court ruled that Campbell’s creation of a rap parody version of a popular Roy Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message.

Copyright 95

Copyright Blogging Fair Use Reporting 95

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. Contracts should not be permitted to override exceptions and limitations.

Copyright 45

Copyright Licensing Fair Use Contracts 45