Plagiarism Today

MARCH 3, 2022

First off today, Murray Stassen at Music Business Worldwide reports that musician Dua Lipa has been hit with a copyright infringement lawsuit that claims her 2020 hit Levitating is an infringement of an earlier song. However, the lower court tossed the lawsuit, saying that the use was a fair use, and awarded the school some $10,266.37

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Plagiarism Today

SEPTEMBER 21, 2022

First off today, Winston Cho at The Hollywood Reporter Esquire reports that Disney has failed to dismiss an ongoing case against it over the 2018 reboot of the Muppet Babies TV show. The judge also allowed overlapping breach of contract claims to move forward, setting the stage for a possible trial down the road.

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Plagiarism Today

AUGUST 2, 2021

First off today, Blake Brittain at Reuters reports that U.S. The judge also ruled against Sinclair on the issue of fair use, saying that it was too early in the case to rule on that issue. Let me know via Twitter @plagiarismtoday. 1: Manhattan Judge Rejects ‘Server Test’ for Internet Copyright Infringement.

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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.

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Technology & Marketing Law Blog

OCTOBER 25, 2023

Instead, she gets a 12(b)(6) dismissal based on fair use. Purpose and Character of Use. Plus, the tattoo affected the fair use analysis because it established the impossibility of competitive tension between the tattoo artist and Netflix. For this, Cramer demanded $10M dollars from Netflix (later dropped to $50k).

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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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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.

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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]

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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.

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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. Berne Convention Aims to protect the works and rights of the respective authors. The convention follows the principles stated below: a.

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Velocity of Content

AUGUST 10, 2022

Having just read a new report from the UK’s Intellectual Property Office (IPO), this tradition is at serious risk. Under the IPO’s proposal, “Rights holders will no longer be able to charge for UK licences for TDM and will not be able to contract or opt-out of the exception.

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

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? Absent consent, fair use, or a First Amendment defense, publishing the interviews without Trump’s consent is therefore a violation of his copyright.

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SpicyIP

OCTOBER 28, 2022

As reported on Entrackr , Pocket FM has filed a copyright infringement case against Kuku FM before the Delhi High Court. We are not aware of the exact terms of this contract and the specific rights licensed to Pocket FM. Image from here. This post has been co-authored with Lokesh Vyas]. The matter is still being heard.

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SpicyIP

AUGUST 30, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? In this guest post , Pragya Jain offers an independent analysis of the law in relation to comparative advertising and nominative fair use and applies it to analyse a recent YouTube commercial by Domex, a Hindustan Unilever Ltd. Other posts.

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IP Tech Blog

MARCH 18, 2022

The news is replete with reports of brand owners—including McDonald’s , Crocs , and CVS —launching promotional NFT Drops or filing trademark applications covering NFTs. StockX responded that its NFTs are permissible trademark “fair use” as part of its retail sales and advertising of authentic NIKE sneakers.

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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.

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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.

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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. If objected to Trump use, 10% perceived support due to objection. In other conditions, 5%, 3.5%

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Kluwer Copyright Blog

MARCH 6, 2023

The firm analyzed “a variety of information sources, including chomping through 100,000 news reports in 65 languages a day” to recognize patterns between health outbreaks and travel (see also here ). HathiTrust, 755 F.3d 3d 87 (2d Cir.

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LexBlog IP

MARCH 18, 2022

The news is replete with reports of brand owners—including McDonald’s , Crocs , and CVS —launching promotional NFT Drops or filing trademark applications covering NFTs. StockX responded that its NFTs are permissible trademark “fair use” as part of its retail sales and advertising of authentic NIKE sneakers.

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Trademark Non-Fungible Tokens Intellectual Property Branding 52

JIPL Online

MARCH 19, 2021

Facebook’s efforts also demonstrate that music label license holders are apparently willing to work with streaming platforms to create private contracts that provide more sensible solutions for all parties. In this scenario, content creators disproportionately bear the costs of avoided litigation and asserting their fair use rights.

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IP Tech Blog

DECEMBER 12, 2023

We previously reported that artificial intelligence (“AI”) is changing the landscape of all aspects of our modern economy. Statistics have long been used to evaluate player performance and support contract negotiations. Machine learning algorithms are now being used to aggregate data, compare contracts and evaluate prospects.

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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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LexBlog IP

DECEMBER 12, 2023

We previously reported that artificial intelligence (“AI”) is changing the landscape of all aspects of our modern economy. Statistics have long been used to evaluate player performance and support contract negotiations. AI tool makers tend to rely on the fair use doctrine to establish the absence of infringement.

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LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

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43(B)log

FEBRUARY 4, 2023

other suggestions: news reports, Billboard] Q: just because the music was by a Black musician doesn’t mean that it’s a Black musician who gets paid when a case about that music is resolved in the P’s favor. Would it allow fair use? What goes on in settlement? But should we airbrush/whitewash history? Hill, 3d Cir.

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43(B)log

AUGUST 11, 2022

But there weren’t reported lawsuits against Bollywood films. There’s no record of the judgment but there is contemporaneous reporting. Our notions of contract/markets out of which the current rules arise are themselves influenced by androcentric notions. Banks wouldn’t give loans to filmmakers. Can the NFAI screen the movie?

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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?

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SpicyIP

DECEMBER 30, 2023

The third category lists notable developments on the legislative and policy side and includes important amendments, proposals for amendments, release of policy notes and reports etc. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

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43(B)log

SEPTEMBER 7, 2023

But this was a license to Microsoft, and Campbell argued that Microsoft wasn’t allowed to reproduce, distribute, and publish the Sowers photo as part of others’ advertising model (including news reporting). When she became aware of the use, she promptly sent a C&D. (It The court also rejected summary judgment on a fair use defense.

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43(B)log

JUNE 30, 2023

If so, it would be more helpful to have transparency reports audited rather than risk assessment. Realistically, any audit report will take what companies have been doing as their point of departure and give them feedback on improving. And putting out a report every year is a positive for them to show what funders’ money is funding.

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43(B)log

AUGUST 12, 2022

And tech has limited ability to understand context of fair use/fair dealing. 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. Her conclusion: no. Misrecognition of audio and video may occur.

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Technology & Marketing Law Blog

JANUARY 24, 2023

As part of Musk’s ElonJet crackdown, he blocked journalists for reporting on the story. This was always a tough case involving possible conflicts between Section 230 and the Fair Credit Reporting Act. Actualizing the fears that Internet services will target journalists. Henderson v. Source for Public Data.

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43(B)log

FEBRUARY 18, 2022

Jim Gibson, Against Reputation In contracts, defamation, TM, conceptions of reputation are misguided. But Consumer Reports and other forced reports have a bell curve distribution. Revenue models almost always end up dependent of firms whose products are reviewed; Consumer Reports is the very rare exception.

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LexBlog IP

JANUARY 10, 2024

Still, it seems strange that Woodward, a reporter, would argue that the interviews are somehow government works. It is strange because that would mean that the unpublished portions would also be government works available for public use. So what do you do as a reporter? Woodward Motion Brief at 18-23.

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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.

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Copyright Lately

OCTOBER 25, 2021

The studio settled quietly out of court, so there’s no reported decision in this one. ” They argued that had Twain really written the book, Clemens’ estate would own the copyright and Harper would have the exclusive right under contract to publish it.

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