Velocity of Content

MARCH 16, 2023

I have often felt, however, that these issues were a bit of a misdirection, with at least part of the tech community treating the copyright community like dogs distracted by squirrels. Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

The IPKat

MAY 12, 2023

When one hears the claims of copyright infringement, confidential information and employment claims one can readily assume that this is an employer/ex-employee dispute. They develop, market and sell statistical process control (SPC) software and gauge management software.

Copyright Infringement 67

Copyright Infringement Copyright Confidentiality Copying 67

SpicyIP

SEPTEMBER 18, 2023

We are pleased to bring to you a guest post by Roshan Santhalia ruminating on the question of whether a cease-and-desist notice before instituting a trademark or copyright infringement suit should be issued or not. His predominant areas of practise are Arbitration, Commercial and Intellectual Property Laws.

Cease and Desist 115

Cease and Desist Intellectual Property Law Settlement Copyright Infringement 115

Technology & Marketing Law Blog

OCTOBER 17, 2023

“Kiwi Farms users provided a Google Drive link to a full copy of Mr. Greer’s book.” Greer sued Moon and Kiwi Farms for contributory copyright infringement and other claims. The district court dismissed the contributory claim because the defendants didn’t materially contribute to the infringement.

Copyright Law 94

Copyright Law Copyright Law Copyright Infringement 94

Technology & Marketing Law Blog

JULY 4, 2022

Pyrotechnics registered a copyright in its protocol and sued FireTek for copyright infringement. ” Pyrotechnics’ copyright registration then starts to fall apart. .” ” Pyrotechnics’ copyright registration then starts to fall apart. Oracle litigation. Implications.

Copyright 129

Copyright Copying Registration Marketing 129

Technology & Marketing Law Blog

JUNE 27, 2023

The court displayed the respective artworks: Morford sued Cattelan for copyright infringement. Copying-in-Fact. No Wrongful Copying To determine wrongful copying, the court uses the abstraction-filtration-comparison test. A Personal View The High Tech Law Institute has a special affinity for bananas copyright law.

Copyright 90

Copyright Artwork Copying Social Media 90

Kluwer Copyright Blog

NOVEMBER 16, 2023

But last year, one supranational interference with copyright law surprisingly did not come from Luxemburg, but from Strasbourg: the judgment in Safarov v Azerbaijan. He sues for copyright infringement and claims damages. The Safarov case In 2009, Safarov authors a book. An NGO makes his entire work available for download.

Copyright 91

Copyright Copying Copyright Law Marketing 91

Technology & Marketing Law Blog

DECEMBER 13, 2022

Without sending DMCA takedown notices, BMG sued it for direct and contributory copyright infringement. Direct Infringement. BMG, of course, knew that but clearly hoped to find a litigation bypass to sending takedown notices. Likee appeared first on Technology & Marketing Law Blog. Case Citation : BMG Rts.

Copyright 118

Copyright Music Copying Copyright Infringement 118

IP Tech Blog

FEBRUARY 15, 2023

While many see China’s AI policies as a cover to curb freedoms and control society, the reality is that China is an active AI developer in a thriving market for AI applications in both the trade and industrial sectors. China is at the forefront of the AI development race. But rights holders must be prepared.

Intellectual Property 113

Intellectual Property Due Diligence Ownership IP 113

TorrentFreak

JANUARY 2, 2024

copyright law, Internet providers must terminate the accounts of repeat copyright infringers “in appropriate circumstances.” “As a result, Plaintiffs request to join Screen Media and its 320+ copyrighted works to this litigation is denied,” Judge Bongiovanni added.

Copyright Infringement 81

Copyright Infringement Copyright Litigation Settlement 81

IP and Legal Filings

JANUARY 8, 2023

When someone violates a creator’s exclusive rights to a piece of work, they are engaging in copyright infringement. modification, and other forms of copying of the work fall under this category. Music as well as the movie industry are two common industries that face copyright issues on a day to day basis.

Copyright 72

Copyright Copyright Infringement Music Copying 72

Technology & Marketing Law Blog

DECEMBER 27, 2021

It has cratered into a fireball of litigation that doomed the restaurant chain (e.g., It’s so complicated that the judge made an appendix recapping the status of dozens of claims: This post focuses on a sliver of the sprawling litigation empire. Why Are Pizzerias Arguing Whether Web Browsing Is Copyright Infringement?–Imapizza

Copyright 140

Copyright Social Media Copying Blogging 140

Technology & Marketing Law Blog

MARCH 6, 2022

Babybus runs a competitive channel that Moonbug believes infringes its copyrights. An example: Moonbug submitted takedown notices to YouTube covering at least 70 videos and sued Babybus for copyright infringement. Babybus counterclaimed for 512(f). The court dismisses Bbybus’ counterclaims. Alper Automotive v.

Fair Use 95

Fair Use Cease and Desist Copying Copyright Infringement 95

Velocity of Content

MAY 1, 2024

Thus, it can be said that they have made complete and exact copies of everything they have ingested. Legal & Copyright Issues With that technical background, the discussion moved to legal and copyright issues. The effect of the new work on the market for the original has also been an important factor.

Fair Use 52

Fair Use Copying Licensing Copyright 52

TorrentFreak

JUNE 14, 2022

In the summer of 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House filed a copyright infringement lawsuit against Internet Archive (IA). Two Years of Litigation, Both Parties Request Summary Judgment. 107,” the plaintiffs note, adding that the four fair use factors weigh heavily in their favor.

Publishing 112

Publishing Fair Use Copying Editing 112

TorrentFreak

MARCH 4, 2024

LibGen Hoping for a better outcome, textbook publishers Cengage, Bedford, Macmillan Learning, McGraw Hill, and Pearson Education filed a similar copyright infringement lawsuit against LibGen last year. According to the plaintiffs, LibGen is responsible for “staggering” levels of copyright infringement.

Publishing 97

Publishing Social Media Copyright Infringement Copyright 97

Technology & Marketing Law Blog

OCTOBER 26, 2021

In the DMCA, Congress enabled copyright owners to obtain pre-litigation discovery of alleged infringers (17 USC 512(h)). After sending a takedown notice, the copyright owner can apply for an unmasking subpoena, which the clerk of the court must issue without any discretion or review by a judge. Market effect.

Privacy 112

Privacy Fair Use Blogging Copyright 112

TorrentFreak

AUGUST 14, 2021

Publishers Sue IA For Copyright Infringement. “Defendant IA is engaged in willful mass copyright infringement,” the complaint alleged. ” With claims including direct infringement on a sample of 127 books, the publishers demanded $150,000 in statutory damages per infringement.

Publishing 145

Publishing Fair Use Copyright Infringement Copyright 145

LexBlog IP

FEBRUARY 15, 2023

While many see China’s AI policies as a cover to curb freedoms and control society, the reality is that China is an active AI developer in a thriving market for AI applications in both the trade and industrial sectors. China is at the forefront of the AI development race. But rights holders must be prepared.

Intellectual Property 52

Intellectual Property Due Diligence Ownership IP 52

Technology & Marketing Law Blog

JULY 5, 2022

Finally, there are genuine obstacles to MoneyBags’s participation, given the expense of litigation and the lack of a contrasting economic incentive in this suit. Market effect. Bayside didn’t explain the market for the photos or how the tweets harmed that market. Nature of the use. Amount taken. Balancing .

Fair Use 93

Fair Use Plagiarism Copyright Marketing 93

Kluwer Copyright Blog

APRIL 25, 2023

Photo by Artur Shamsutdinov on Unsplash This is a two-part post summarising the authors’ findings from the report on Copyright Infringement in the Video Game Industry which was prepared by the authors for the World Intellectual Property Organization.

Copyright 56

Copyright Copyright Infringement Fair Use Intellectual Property 56

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. July 17, 2023).

Blogging 95

Blogging Copying Social Media Copyright 95

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 precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Diebold from 2004, which led to a $125k damages award.

Registration 111

Registration Fair Use Copyright Designs 111

IPilogue

OCTOBER 28, 2021

In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. For one, section 64(3)(a) states that copyright may persist in graphic or photographic representations that are applied to useful articles.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

TorrentFreak

AUGUST 16, 2021

allegedly distributed multiple copies of the movies After, Hellboy and Angel Has Fallen. Another user, behind the IP address 24.155.189.11, reportedly distributed thousands of copies of Rambo V: Last Blood. The Grande subscriber behind 66.196.3.46 Grande Was Given The Chance To Avoid a Lawsuit.

Copyright Infringement 142

Copyright Infringement IP Copyright Reporting 142

Kashishipr

JULY 13, 2022

In the AR field, patent litigation has already commenced for AR hardware and some applications or uses of AR. Since AR capabilities have been limited to gaming devices and mobile devices in recent years, patent litigation in the AR field has been a logical outgrowth of the patent wars consuming the mobile device market.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

BYU Copyright Blog

JANUARY 8, 2024

Additionally, Springdale denied allegations of intentionally providing unauthorized public access to Marenems works or diminishing their market value. They also claimed not being aware of revised versions of Marenems stories and denied reproducing or distributing physical copies or graphic posters of Marenems book, Secret Stories.

Settlement 40

Settlement Publishing Copyright Copyright Infringement 40

43(B)log

DECEMBER 7, 2023

Because of Bartlett’s popularity, McCandless used her, among other personalities, to market his services and asked her to provide a “testimonial” video for him to use, which she provided and he posted to his Instagram. Bartlett was upset by the use of her image to endorse a company with whom she was also engaged in litigation.”

Web Development 59

Web Development Social Media Copying Copyright 59

BYU Copyright Blog

APRIL 12, 2021

The long-running litigation between Google LLC ("Google") and Oracle America, Inc. The majority held in favor of Google's fair use defense to copyright infringement while Justice Thomas filed a dissenting opinion, joined by Justice Alito. The code copied was the declaring code (the "filing system" or "cabinets and drawers").

Fair Use 52

Fair Use Copying Copyright Marketing 52

Technology & Marketing Law Blog

AUGUST 8, 2021

The Television Academies sued Goodman for copyright infringement, trademark infringement and dilution, and defamation. Copyright Infringement/Fair Use. ” Market Effect. Prior Posts on Section 512(f): * 512(f) Preempts Tortious Interference Claim–Copy Me That v. ” Amount Taken. ” UGH.

Fair Use 129

Fair Use Television Cease and Desist Copyright 129

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. Whether Instagram granted Newsweek an implied sublicense : An implied license exists where someone (1) creates content (2) at another’s request and (3) handed it over, intending the other party copy and distribute it. Breitbart News.

Licensing 114

Licensing Fair Use Blogging Copyright 114

Technology & Marketing Law Blog

OCTOBER 4, 2022

But if they want to be double-sure, send a takedown notice on any grounds other than copyright infringement and voila! Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. You know how this claim went. 512(f) disappears entirely.

Cease and Desist 84

Cease and Desist Fair Use Copyright Blogging 84

Technology & Marketing Law Blog

DECEMBER 13, 2023

And that data might be subject to varying levels of copyright protection. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. — One logical starting point to tell the history of copyright preemption of contracts is to begin with ProCD v. See Montz, 649 F.3d

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

LexBlog IP

APRIL 19, 2023

Sellers need to be aware of competitor patents before introducing a product to the market. This can lead to expensive “false marketing” litigation. Examples of copyright-protected materials commonly used on Amazon listings include aspects of the products listed, images (e.g.,

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

IP and Legal Filings

OCTOBER 7, 2022

This article covers copyright infringement and related rules for OTT platforms. One of many Indian laws that defends creators’ intellectual property rights is the Copyright Act of 1957. A copyright is a legal privilege granted to the owner of intellectual property. It is the right to copy, as the name implies.

Intellectual Property 52

Intellectual Property Intellectual Property Law Copyright Infringement Copyright 52

Copyright Lately

SEPTEMBER 26, 2022

In a first-of-its-kind copyright trial, a jury will decide whether tattoo artist Catherine Alexander can effectively control the use of Randy Orton’s likeness in video games. After over four years of litigation and five COVID-related continuances, it’s finally time for the main event. There’s a lot at stake. Skull arm design.

Fair Use 85

Fair Use Licensing Ownership Copying 85

BYU Copyright Blog

SEPTEMBER 12, 2022

and Higbee & Associates (another law firm) (collectively "defendants") reached out to the Plaintiff, claiming that failure to comply with the license was copyright infringement and seeking a settlement of $5,280 while threatening a lawsuit for damages of up to $150,000.

Settlement 52

Settlement Licensing Publishing Reporting 52