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. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

IPilogue

OCTOBER 1, 2022

Typically, tattoo aftercare instructions include strictly hygienic recommendations, but tattoo artist Kat Von D might have a unique suggestion: prepare to be an exhibit in a copyright infringement lawsuit. for copyright infringement under the Copyright Act of 1976. for copyright infringement under the Copyright Act of 1976.

Copyright Infringement 130

Copyright Infringement Fair Use Art Copyright 130

Patently-O

JULY 19, 2023

Patents and copyrights were established in the Constitution and enacted by the First Congress in 1790. Those rights were fairly quickly established as exclusively federal, meaning that there is effectively no patents or copyrights offered by individual states. How should we balance free speech, parody, and fair use concerns?

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

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. The bloggers countered with fair use.

Privacy 112

Privacy Fair Use Blogging Copyright 112

TorrentFreak

FEBRUARY 23, 2022

For the purpose of this report, however, we’ll home in on the copyright issues faced by Reddit during the last year and how the site responded to them. Copyright Removals. “In 2021, Reddit received 177,450 copyright notices reporting 920,672 pieces of content. Invalid Copyright Notices Are Rejected.

Copyright Infringement 106

Copyright Infringement Copyright Copyright Notice Reporting 106

Technology & Marketing Law Blog

AUGUST 2, 2021

The book is available as a PDF at Gumroad for $10, as a Kindle ebook for $9.99, and in hard copy at Amazon for $20. The hard copy comes with a free PDF on request; and shipping should be free on Amazon Prime.] If you’re an academic and would like a free evaluation copy, please email me. Note About Fair Use.

Editing 145

Editing Law Privacy Contracts 145

Kluwer Copyright Blog

SEPTEMBER 11, 2023

It involves several IP rights, some of which overlap in some cases: copyright, trademarks, patents, trade secrets/confidential information, and the right of publicity (and similar rights with different names). Copyright 1. Fair use in US ( Google Books but reuse pattern different here. Fair dealing c.

IP 120

IP Derivative Work Intellectual Property Art 120

IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S.

Fair Use 105

Fair Use Licensing Music Art 105

IP and Legal Filings

APRIL 19, 2022

The author or creator of any theatrical, literary, creative, or musical work has an exclusive right to copyright. It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Image Source: gettyimages]. What are takedown services?

Copyright Law 69

Copyright Law Copyright Law Copyright Infringement 69

Velocity of Content

SEPTEMBER 9, 2021

This is the sixth (and, for now, final) post in this series, where we’ve looked at the copyright requirements and options for digital content creators, such as blogs and podcasts. But what it isn’t is a substitute for a copyright registration. (It See also: Copyright Match : A more widely-available alternative to ContentID.

Copyright 113

Copyright Social Media Licensing Publishing 113

TorrentFreak

NOVEMBER 3, 2023

The DMCA takedown process allows copyright holders to report infringing content and have it removed or taken down. Fraudsters occasionally use false DMCA notices to target competitors. The takedown requests are already shared publicly by Google through the Lumen Database , but these public listings omit privacy-sensitive data.

Cease and Desist 88

Cease and Desist Music Copying Fair Use 88

Technology & Marketing Law Blog

JULY 5, 2022

Soon after, an entity called Bayside asserted copyright ownership of the photos and sent 512(c)(3) takedown notices to Twitter followed by a 512(h) subpoena to unmask CallMeMoneyBags. ” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ).

Fair Use 93

Fair Use Plagiarism Copyright Marketing 93

Technology & Marketing Law Blog

OCTOBER 4, 2022

One weird piece: the court implies that a copyright owner can enforce violations of access control limits deployed by third parties, i.e., RIAA could sue Yout for Yout’s violation of YouTube’s access control technology. It sought a declaratory judgment that it did not violate 17 USC 1201(a)(1) or 1202. Alper Automotive v.

Cease and Desist 84

Cease and Desist Fair Use Copyright Blogging 84

43(B)log

FEBRUARY 22, 2022

Designed to be freely available licensed or public domain; we occasionally use fair use images where no free image is available, such as when a famous work has been destroyed. Like most large websites that are not in the news every day, we receive very few copyright claims despite our size.

Copyright 45

Copyright Fair Use Music Licensing 45

LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” ” (S.

Fair Use 52

Fair Use Licensing Music Art 52

TorrentFreak

APRIL 23, 2024

The organization literally archives key parts of the Internet, copying older versions of websites to preserve them for future generations. The organization doesn’t license authorized digital copies from publishers; instead, its books are scanned and digitized in-house. IA has plenty of other archive projects too.

Copyright 114

Copyright Fair Use Copying Publishing 114

IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. emphasis original).

Fair Use 40

Fair Use Licensing Music Art 40

SpicyIP

OCTOBER 27, 2023

These patterns can intersect with the trademark and other intellectual property (IP) in various ways, although it’s important to note that the use of dark patterns is unethical and often violates principles of fair use and consumer protection.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

Technology & Marketing Law Blog

DECEMBER 11, 2021

In particular, they are having some success bending Section 230, and this genre offers some interesting considerations for folks paying attention to the privacy/230 borders. Copyright Preemption. At bottom, a portion of the copyright work itself is being displayed, a fundamental attribute of a copyright.”

Advertising 90

Advertising Advertising Social Media Blogging 90

LexBlog IP

NOVEMBER 17, 2021

Normally, you don’t need anyone’s permission to use a copyrighted work. Since there’s an exclusive right to public display, you actually need to rely on a version of the first-sale doctrine to display copyrighted works in public. But the key here is you’ve made a copy, bit by bit, of the hot dog.

Copying 52

Copying Copyright Business Licensing 52

43(B)log

FEBRUARY 18, 2022

Saying “this is what people do” compared to “this is the law” is very useful. Bill McGeveran: interesting b/c privacy/data protection regimes are very different in the two regimes. A: History differs a lot—US foundation for ROP was set much earlier. You can cluster fair use cases. Was there no overlap at all?

Fair Use 59

Fair Use Contracts Litigation Copying 59

Technology & Marketing Law Blog

JUNE 17, 2023

What does all that mean for companies looking to develop generative AI, and the online sources of their training data that might be looking to stop them? ¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. 22-cv-7074-JST, ECF No.

Blogging 127

Blogging Licensing Privacy Copyright Notice 127

Plagiarism Today

OCTOBER 7, 2021

That, in turn, prompted a counterclaim by Dorland for copyright infringement. The Letter: Doorland accuses Larson of copying her donor letter and including significant portions of it, in particular in early versions of the story. Inspiration is one thing, but copying and rewriting exact words is another.

Plagiarism 260

Plagiarism Art Copying Privacy 260

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?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

Velocity of Content

JANUARY 31, 2023

The making of copies to perform text and data mining, machine learning, and AI training (collectively “TDM”) without additional licensing is authorized for commercial and non-commercial purposes under CC BY , and for non-commercial purposes under CC BY-NC. OpenAI, LLC, OpenAI Startup Fund GP I, L.L.C.; you get the picture).

Licensing 98

Licensing Fair Use Journalism Publishing 98

TorrentFreak

DECEMBER 7, 2023

For demonstration purposes we extracted all the reasons for removal cited by YouTube in one 24-hour period during the last week and found several related to copyright, including those detailed below. Due to multiple copyright strikes associated with the videos below, your YouTube channel has now been terminated. .

Business 99

Business Reporting Social Media Copyright 99

Copyright Lately

MAY 21, 2021

Is she weaponizing copyright? Earlier this week, she filed a lawsuit for copyright infringement against CBS Interactive over a photograph CBS used in a 2015 Entertainment Tonight Online article about her scandal. This isn’t the first copyright infringement claim Dolezal has brought against the media.

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

43(B)log

NOVEMBER 2, 2021

Copyright preemption: PeopleConnect did a little better. Plaintiffs argued that, because PeopleConnect didn’t own copyright in the yearbooks, it had no standing to assert copyright preemption. Yes, as applied to ads for copies of yearbooks, but no, as applied to ads for the subscription service. “[U]sing

Copyright 64

Copyright Advertising Advertising Privacy 64

TorrentFreak

AUGUST 4, 2023

June 2022 marked the end of a legal battle that despite modest roots, went on to become one of the most interesting copyright cases in recent years. After paying just $47, a shadowy business entity hoped to obtain a DMCA subpoena that would compel Twitter to hand over the personal details of an alleged copyright infringer.

Copyright 83

Copyright Privacy IP Copying 83

43(B)log

DECEMBER 20, 2022

The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. The similarities in setting, theme, etc.

Fair Use 52

Fair Use Trademark Copyright Editing 52

43(B)log

FEBRUARY 22, 2021

There are other policy concerns about research such as privacy, human subjects rules. Copyright: incomplete list: ideas/facts/other § 102(b) limits when applicable; fair use (reverse engineering, text and data mining, other forms of copying); §1201 (too-narrow security research exemption; possible First Amendment limits).

IP 40

IP Fair Use Copying Intellectual Property 40

43(B)log

FEBRUARY 3, 2024

Allowed producers to control coffee machines by putting software in them; can prevent use, resale, using unsupported coffee. Usufructuary rights—use and benefit from property; interference w/right to repair and w/right to use it with other stuff by preventing interoperability. Mostly utilitarian in the US.

Privacy 59

Privacy Fair Use Fanworks Government 59

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Are the outputs copies of the training data? What to do?

Social Media 52

Social Media Fair Use Advertising Advertising 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. The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment.

Copyright 77

Copyright Derivative Work Fair Use Social Media 77