Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. This prevented Signal 23 from marketing for ABOUT HIM in addition to seven or eight other shows it had available for purchase on Vimeo.

Registration 111

Registration Fair Use Copyright Designs 111

Copyright Lately

AUGUST 2, 2022

While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. The Musical Parody ,” “The Unofficial Bridgerton Musical” isn’t the type of parody musical that courts have often found to be fair use under the Copyright Act.

Music 104

Music Derivative Work Fair Use Cease and Desist 104

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

Velocity of Content

DECEMBER 6, 2023

Significant amounts of content are also available through the public domain. Copyrighted materials are licensed for AI use directly by rightsholders and collectively through rights aggregators such as CCC. Our current AI-related offerings are focused on the corporate, research, academic and education markets.

Copyright 98

Copyright Fair Use Licensing Copying 98

43(B)log

AUGUST 3, 2023

Michael Carroll (w/ Peter Jaszi), Fair Use After Google and Warhol Codification is a big deal; clarifies that fair use is a distinct doctrine, whereas well into 20th century courts were using it as noninfringement. Courts weren’t using four factors before that. We don’t even get into the market stuff.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

43(B)log

FEBRUARY 19, 2022

Gripers and Political Critics Cases involving criticism of ordinary commercial actors provide a fascinating contrast to both noncommercial speech sold in the market and to political and religious conflicts. Thus, it may not even be descriptive fair use to use the name of the religion from which the dissenters have parted.

Trademark Law 72

Trademark Law Trademark Art Branding 72

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. Right of publicity and unjust enrichment claims were preempted.

Fair Use 52

Fair Use Trademark Copyright Editing 52

43(B)log

FEBRUARY 4, 2023

But socially valuable innovations can be difficult to marketize/commodify. Restrict derivative right to adaptations/forms of representations that change medium, not works in same primary market. Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license. public domain.

Copyright 64

Copyright Editing Settlement Music 64

43(B)log

JUNE 24, 2022

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? Why not have it across all consumer markets?

Trademark Law 75

Trademark Law Law Trademark Registration 75

43(B)log

JUNE 24, 2022

In the fair use calculus? In what ways is the ornamental nature of a defendant’s use relevant to defences based on artistic or expressive use (or some other defence)? Defenses: we don’t have fair use as a catchall; specific list of enumerated defenses. But there is a defense for nondistinctive use.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

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? If the work was published without proper copyright notice, the work entered the public domain. Rural Telephone Service Co. , 2d at 206. (The

Copyright 119

Copyright Blogging Publishing Fair Use 119