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).

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Blogging Copying Social Media Copyright 95

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. First, as far as copyright cases go, this one’s easy.

Music 104

Music Derivative Work Fair Use Cease and Desist 104

Copyright Lately

MAY 1, 2023

If you’ve been glued to news coverage of the Ed Sheeran trial for the past two weeks, you may have missed an even bigger story from the world of music copyright. From a copyright perspective, these particular tracks are clearly derivative of both the original sound recordings and the underlying musical compositions.

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Music Copyright Copying Copyright Law 87

JIPL Online

APRIL 9, 2021

Memes utilize pop culture content, such as movies, television shows, and other various forms of media, often in a parodic way. Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

LexBlog IP

OCTOBER 25, 2023

They do this to create works of fiction expressing the writers’ truths by using, altering, extending, or supplementing others’ reality, and sometimes even use what others have written about their own experiences. The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before.

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Copyright Social Media Plagiarism Fair Use 52

Copyright Lately

MAY 22, 2023

Instead, we’re taught that “[w]hether the use of a copyrighted work has a further purpose or different character” is a “matter of degree.” ” In other words, it’s a good time to be a copyright lawyer. Put another way, it ain’t what you do, it’s the way that you do it.

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Fair Use Licensing Copying Artwork 91

IP Tech Blog

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. Copyrights in the US are protected under the U.S. Copyrights in the US are protected under the U.S. Copyright Act. IP Rights and NFTs.

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IP Ownership Non-Fungible Tokens Copyright Law 109

Intellectual Property Office Blog

JULY 29, 2021

A huge chunk of Molly Mae’s success comes from social media channel Instagram, where she is reported to charge over £10,000 for each sponsored post. According to their Terms of Use, the user owns the copyright to the image posted but automatically agrees to license that image to Instagram.

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IP Branding Brands Branding 85

Copyright Lately

JANUARY 31, 2023

Is Rick Astley’s right of publicity claim against Yung Gravy for vocal impersonation on a collision course with the federal Copyright Act? To all the naysayers, I’ll remind you that Copyright Lately is considered a scholarly publication by several of this nation’s law schools, at least one of which is still accredited.)

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Music Copyright Licensing Copyright Infringement 99

LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. Goldsmith counterclaimed for copyright infringement. 3] Graham v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

LexBlog IP

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. Copyrights in the US are protected under the U.S. Copyrights in the US are protected under the U.S. Copyright Act. IP Rights and NFTs.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? If you remember just a few concepts that I’ll discuss in this post, you’ll be way ahead of the game when it comes to buying, selling and exploiting creative works, whether it’s in the metaverse or here in the boring old regularverse. Buying Copyrights.

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Derivative Work Licensing Artwork Contracts 85

Copyright Lately

OCTOBER 25, 2021

Here are some of the greatest copyright horror stories, featuring such classics as “Nightmare on Elm Street,” “Halloween,” “Dracula,” “Ghostbusters” and … a creepy McDonalds character? You can judge for yourself by downloading a copy of “Jap Herron” here.

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Copyright Cinema Copying Copyright Infringement 144

IP and Legal Filings

JANUARY 23, 2023

Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. One such area where copyright violations are common is the internet.

Non-Fungible Tokens 77

Non-Fungible Tokens Copyright Intellectual Property Ownership 77

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. That $3,750 works out to a measly $71 for each month the case has been pending. What Happened.

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Fair Use Designs Design Licensing 78

Copyright Lately

NOVEMBER 21, 2021

Breaking down Miramax’s copyright infringement lawsuit against Quentin Tarantino, a dispute about NFTs that isn’t really about NFTs. The breathless media reports soon followed. Tarantino is being billed as the first major legal dispute involving copyrights and NFTs, it really isn’t a dispute about NFTs.

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Copying Non-Fungible Tokens Contracts Copyright 127

JIPEL Copyright Blog

MARCH 21, 2022

This means that TOs have been tasked with getting enough GameCubes, Wiis, copies of the game, and clunky CRT TVs to play on. Players rallied against Nintendo’s actions, causing #FreeMelee to trend across social media and throughout the gaming world. Players, for most of the game’s competitive existence, have played in person.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

43(B)log

AUGUST 4, 2023

Xuan-Thao Nguyen, Tech Bros, Social Media, and the End of IP Financing? At the same time, the risk of copying essentially went away. So now, we have lots of protection for implementation where we don’t need it and no protection for interfaces where new entrants can easily be copied. Ideas are nothing without financing.

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IP Copying Due Diligence Registration 52

Copyright Lately

MARCH 6, 2023

The copyright owner in Runt is seeking to enjoin director William Coakley from releasing a behind-the-scenes project about alleged on-set bullying and sexual harassment that it claims he fabricated. At the time of his death, the 20-year-old Boyce was working on what would prove to be his final film, the independent coming-of-age drama Runt.

Copyright 77

Copyright Derivative Work Fair Use Social Media 77

43(B)log

AUGUST 11, 2021

Panel 17 – Copyright Substantial Similarity Crossprogrammed with my panel; I came here first because I had more experience with the first paper in the other panel. Asay, An Empirical Study of Copyright Law’s Substantial Similarity Test 1005 cases found. Derivative works? Possibly related to internet adoption.

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Trademark Copyright Branding Brands 72