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. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 95

Blogging Copying Social Media Copyright 95

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. The Act defines a “useful article” as having a utilitarian function, which encompasses most clothing. In Pyrrha Design Inc.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Copyright Lately

SEPTEMBER 12, 2022

While these sorts of objects typically aren’t themselves eligible for copyright protection, they often contain pictures or designs which are protectable. Section 113(c) would also allow me to use my photos in a blog post talking about how I flipped the t-shirts for a profit because Alyssa priced them too low. Vila’s Claim.

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

LexBlog IP

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. The District Court also found that the use was not fair use.

Fair Use 52

Fair Use Copyright Licensing Copying 52

SpicyIP

OCTOBER 11, 2021

Fair dealing requirements under Indian law are quite broad, but one would assume they are purpose built for circumstances like this, where short clips from Aaj Tak have been taken and critical commentary added to it by Newslaundry. New Social Media Rules, But No Clarity for Copyright Claims.

Copyright 105

Copyright Social Media Copyright Infringement Copyright Notice 105

Kluwer Copyright Blog

FEBRUARY 2, 2023

21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ). We were not aware that the image may have been created by AI” 2.

Copyright 145

Copyright Art Fair Use Registration 145

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

Registration 111

Registration Fair Use Copyright Designs 111

Copyright Lately

OCTOBER 24, 2022

In that case, artist Lebeus Woods claimed that a torture device used in the Terry Gilliam film had been unlawfully copied from his drawing of a wall-mounted chair. Fair use and de minimis defenses are often unreliable, and even if you have a solid case, defending copyright infringement lawsuits is an expensive proposition.

Artwork 87

Artwork Copyright Infringement Copyright Art 87

Velocity of Content

SEPTEMBER 9, 2021

In this post, I’m looking at the vast domain of the YouTube video & social media platform —which, lest we forget, is a major division of Google/Alphabet — and how its copyright aspect manifests in options for individual contributors (“YouTubers,” in the jargon). YouTube is no different in that respect.

Copyright 113

Copyright Social Media Licensing Publishing 113

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices. Most voice model files are actually quite small.)

Music 87

Music Copyright Copying Copyright Law 87

LexBlog IP

OCTOBER 25, 2023

The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before. ” With a mixed bag present on the substantial similarity analysis, the District Court moved on to looking at fair use itself. .” Let’s see why.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

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. Not only are some services different from social media, one social media platform may differ very much from each other.

Copyright 45

Copyright Fair Use Music Licensing 45

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. Skull arm design. Bible verse design. Upper back design. Tribal design.

Fair Use 78

Fair Use Designs Design Licensing 78

Copyright Lately

APRIL 3, 2023

The future of “controlled digital lending” is in doubt after a court rules that the Internet Archive’s online library is not protected by fair use. When the electronic version is “checked out,” the physical copy is taken out of circulation. ” What is Controlled Digital Lending?

Fair Use 69

Fair Use Copying Publishing Copyright 69

43(B)log

FEBRUARY 18, 2022

Even where permission not legally required, thought was better results due to advances in technology—social media influencing: the advertiser wants customized content. Social norms: Backlash from fans if permission isn’t sought, and they’re the ones you are likely targeting. Celebrities may collaborate on designing the product.

Fair Use 59

Fair Use Contracts Litigation Copying 59

43(B)log

FEBRUARY 19, 2022

While Rogers rejected any consideration of whether the speaker had adequate alternatives to using the plaintiff’s trademark because speakers are entitled to choose their own ways of speaking, the religious cases embrace the concept of adequate alternatives. Colleen Chien: describing community norms would be useful. What to do next?

Trademark Law 72

Trademark Law Trademark Art Branding 72

Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. You can judge for yourself by downloading a copy of “Jap Herron” here. This prompted a lawsuit by Don Post Studios, which asserted that the Cinema Secrets mask was a copy of its own mask.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

Copyright Lately

DECEMBER 28, 2022

” But in McGucken , the court denied summary judgment, not only as to the server test, but on Newsweek’s implied license and fair use defenses too. Let me know your thoughts in the comments below or on your favorite social media platform @copyright lately. Breitbart became the first S.D.N.Y.

Copyright 82

Copyright Art Licensing Social Media 82

IIPRD

JANUARY 18, 2022

the restriction against reproducing or copying copyright works) or communication right is infringed. Even premium watch brands are promoting NFT auctions through the many social media platforms accessible. It could be used by a fashion business to sell its own show footage or personalized backstage images.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

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? Fresh start.

Social Media 52

Social Media Fair Use Advertising Advertising 52

Copyright Lately

MARCH 6, 2023

.” Coakley DM to Harvey Berger (from court files) After Coakley’s monetary demands were refused, Berger received an email from an unknown individual claiming to be a “friend” of Coakley’s, who threatened that a copy of Runt would be “leaked online” if Coakley’s pilot project wasn’t funded.

Copyright 77

Copyright Derivative Work Fair Use Social Media 77

LexBlog IP

APRIL 20, 2022

As described here in a previous post: The United States Court of Appeals for the Second Circuit rejected an artistic intent or purpose test for fair use on March 26, 2021, in The Andy Warhol Foundation v. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. at 7-9) were transformative.,”

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52