IP and Legal Filings

SEPTEMBER 29, 2021

Napster was an online platform used to download and access compressed digital music files in MP3 formats, making it one of the most popular peer to peer services in 1999. Napster gained immense popularity due to the fact that it was one of the most accessible services to use. The lawsuit, A&M Records, Inc. Napster Inc.,

Fair Use 52

Fair Use Music Copying Copyright 52

Technology & Marketing Law Blog

MARCH 6, 2022

” With respect to whether Babybus’ baby character infringed Moonbug’s baby, Babybus claimed that the alleged copying related to generic features found in nature. . Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Fair Use 96

Fair Use Cease and Desist Copying Copyright Infringement 96

Kluwer Copyright Blog

NOVEMBER 15, 2022

Recent appellate decisions in the United States have recognized expanded grounds for personal jurisdiction in cases of internet-based copyright infringements; divided on the extent to which the three-year statute of limitations limits damage recoveries; and increased the occasions for motions to dismiss on the ground of fair use.

Copyright 60

Copyright Fair Use Copyright Infringement Ownership 60

Patently-O

SEPTEMBER 1, 2023

Generative AI models produce outputs like text, art, music, and video that appear highly creative and would certainly meet copyright’s originality standard if created by natural people. Although the notice focuses on copyrightability, ownership questions will also come into play. A traditional approach would allow for joint liability.

Copyright 120

Copyright Copying Derivative Work Licensing 120

SpicyIP

JULY 29, 2021

Limitations on storage of copied works in digital formats. Historically, the exceptions for teaching, education and research have never been qualified by the nature of ownership of the institution where the use of the work is carried out. To put things in perspective, even the most IP-friendly jurisdiction of US in Cambridge v.

Copyright 119

Copyright Reporting Fair Use Copyright Law 119

Technology & Marketing Law Blog

AUGUST 8, 2021

Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use. The Crony graphic also doesn’t qualify for fair use: Nature of Use. The court rejects Goodman’s motion to dismiss.

Fair Use 129

Fair Use Television Cease and Desist Copyright 129

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Allegedly on behalf of Barrett, an SEO vendor sent DMCA takedown notices to Google, alleging that Source Capital had copied some of Barrett’s copyrighted material. Prior Posts on Section 512(f) * 512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Hawai‘i Aug. Zoox * Surprise! Alper Automotive v.

Fair Use 63

Fair Use Cease and Desist Copyright Ownership 63

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

Copyright 59

Copyright Copying Music Fair Use 59

Technology & Marketing Law Blog

APRIL 1, 2023

Construing these allegations as true and in Service’s favor, Service subjectively believed that he possessed an ownership interest and that he never approved the Comedy Dynamics deal. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership. Alper Automotive v.

Fair Use 102

Fair Use Cease and Desist Contracts Ownership 102

Technology & Marketing Law Blog

APRIL 29, 2023

Day to Day Imports * Satirical Depiction in YouTube Video Gets Rough Treatment in Court * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Alper Automotive v.

Fair Use 97

Fair Use Cease and Desist Copyright Trademark 97

Technology & Marketing Law Blog

DECEMBER 5, 2022

Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Alper Automotive v.

Marketing 75

Marketing Marketing Cease and Desist Fair Use 75

Technology & Marketing Law Blog

OCTOBER 4, 2022

Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Alper Automotive v.

Cease and Desist 85

Cease and Desist Fair Use Copyright Blogging 85

Technology & Marketing Law Blog

MARCH 15, 2022

Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Alper Automotive v.

Copyright 126

Copyright Cease and Desist Fair Use Litigation 126

Technology & Marketing Law Blog

MAY 30, 2022

The Rusty Krab court expands upon these points in its subsequent section detailing findings of law, but its discussion is fairly conclusory, mainly comprising maxims about what a parody is and isn’t rather than specific discussion of the defendants’ use and why it fails to qualify.

Blogging 91

Blogging Social Media Television Fair Use 91

Technology & Marketing Law Blog

AUGUST 18, 2022

Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Alper Automotive v.

Fair Use 103

Fair Use Cease and Desist Copyright Blogging 103

43(B)log

AUGUST 4, 2021

Cathay Smith: Do you foresee a point in time at which an AI might be able to make a fair use/fair dealing decision in the moment? Consider example of police officers playing music to deter online posting of video of their actions—exploiting the automated systems. EFF doesn’t want fair use cases in the system; MPAA does.

Copyright 90

Copyright Trademark Copying Fair Use 90

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

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. Tierra Caliente Music Group SA v. Accordingly, the evidence presented by Signal 23 shows that it suffered harm of at least $35,000.00

Registration 111

Registration Fair Use Copyright Designs 111

43(B)log

JUNE 26, 2023

16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. It developed the show with Big Fish, but the parties agreed that A&E would have exclusive ownership of the rights in Live PD. “In A&E Television Networks, LLC v. 7411 (KPF) (S.D.N.Y.

Social Media 59

Social Media Copying Fair Use Advertising 59

LexBlog IP

SEPTEMBER 15, 2022

NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items. In the meantime, the lines are still blurry between creative freedom, artistic value, fair use, ownership, marketplace competition, and commercialism in the digital age—at least with respect to NFTs.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

Kluwer Copyright Blog

MAY 9, 2023

AI-generated vocals are roiling the music industry , with platforms acting to take down infringing content. Authors and copyright holders are concern ed that generative AI tools are built on the unauthorized and unremunerated use of their works, while at the same time negatively impacting their livelihood.

Copyright 138

Copyright Fair Use Copyright Law Law 138

43(B)log

FEBRUARY 4, 2023

Music sampling: the tapestry/raw materials of early hip-hop practice make those kinds of works works assets that can’t attract investment. are scenes a faire. Indian classical music: Raga system is the basic framework for composition and improvisation. Mailyn Fidler, Cross-Racial Copyright Litigation in Music: Only a Paper Moon?

Copyright 64

Copyright Editing Settlement Music 64

Biswajit Sarkar Copyright Blog

JULY 21, 2023

The word ‘ copyright ’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. Understanding Tricky Tattoo copyright is also essential for safeguarding the artistic integrity and ownership of these unique body art creations. In Alexander v.

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

The word ‘copyright’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. Once we have established that tattoos are artistic work and thus deserving of copyright protection, we are compelled to answer the original question of a tattoo’s ownership.

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52

Technology & Marketing Law Blog

MARCH 29, 2023

It took eight months, but the ownership question of the photographs has been settled. However, it is not what I expected for the first case to be finally determined: Section 512(f) and an ownership dispute between former business partners. Prutton admitted to copying and said that his adult daughter had helped him with his website. (A

Blogging 94

Blogging Fair Use Copyright Copyright Notice 94

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

IIPRD

JANUARY 18, 2022

It has the ability to be one-of-a-kind and unrepeatable token that cannot be split but may be used to represent real or virtual world things, as well as the token’s own qualities and ownership, all while remaining within a blockchain representation. This endows NFTs with the unique qualities that make them so desirable.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

AUGUST 11, 2022

common ownership are reciprocal. And it’s not really joint ownership in the real property sense b/c there is always a way out of joint ownership—severance to turn it into tenancy in common, which limits the costs that holdout joint owners can impose on each other. Rebecca Curtin: is there any difference in how it’s used?

Music 56

Music Copyright Ownership Derivative Work 56

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Third, is Trump’s claim of ownership barred by 17 U.S.C. 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? Second, if so, who is the initial owner of the copyright(s)? Rural Telephone Service Co. ,

Copyright 119

Copyright Blogging Publishing Fair Use 119