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

Technology & Marketing Law Blog

OCTOBER 26, 2021

This fast lane is a historical anachronism; it does little to balance the privacy interests of the alleged infringer. Knowing what we know now about the dangers of unmasking subpoenas, I would like to think that Congress would draft 512(h) with more privacy sensitivity today. The bloggers countered with fair use.

Privacy 112

Privacy Fair Use Blogging Copyright 112

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.” (S. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. Goldsmith , 598 S.

Fair Use 106

Fair Use Licensing Music Art 106

Velocity of Content

JANUARY 25, 2024

Thus, some countries will have strict laws on making copies of copyrighted content to “train” an AI system while others will be more relaxed. Laws are about economics, and countries with more relaxed laws are likely to be countries with smaller creative industries and which wish to use the relaxed legal regime to attract AI investment.

Copyright 98

Copyright Copyright Law Copyright Infringement Government 98

Kluwer Copyright Blog

SEPTEMBER 11, 2023

Fair use in US ( Google Books but reuse pattern different here. Fair dealing c. Singapore (computational data analysis; user must not “use the copy for any other purpose”) f. Protection of fame monetization vs privacy b. Is scraping/text and data mining legal? Impact of Warhol, esp for GenAI) b.

IP 120

IP Derivative Work Intellectual Property Art 120

TorrentFreak

NOVEMBER 3, 2023

The takedown requests are already shared publicly by Google through the Lumen Database , but these public listings omit privacy-sensitive data. — A copy of the CreativeCode’s request, filed at the U.S. This is exactly the type of information that the YouTube rippers need to expose the fraudsters.

Cease and Desist 89

Cease and Desist Music Copying Fair Use 89

Technology & Marketing Law Blog

JULY 5, 2022

” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ). Nature of the use. The photos were already published, which weighs in favor of fair use. ” This also weighs in favor of fair use (?). Amount taken.

Fair Use 93

Fair Use Plagiarism Copyright Marketing 93

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.” The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. ” (S.

Fair Use 52

Fair Use Licensing Music Art 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

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 84

Cease and Desist Fair Use Copyright Blogging 84

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.” (S. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. emphasis original).

Fair Use 40

Fair Use Licensing Music Art 40

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 115

Copyright Fair Use Copying Publishing 115

TorrentFreak

FEBRUARY 23, 2022

Primarily they must deal with copyright, not other issues such as privacy or harassment. Furthermore, the submitter must also consider whether the content they’re complaining about is being used legally, i.e under the doctrine of fair use.

Copyright Infringement 107

Copyright Infringement Copyright Copyright Notice Reporting 107

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

LexBlog IP

NOVEMBER 17, 2021

The computer file—containing the program or content—must be copied from where it’s stored into the computer’s memory. 2 There are memory chips with permanent information, but we’re assuming that the software or content you want to use is going into random-access memory. Weird, right?

Copying 52

Copying Copyright Business Licensing 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. Whitepages decision , a more significant decision than I initially thought, the plaintiffs are making progress in the early rounds of their cases. Callahan v.

Advertising 90

Advertising Advertising Social Media Blogging 90

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

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. So the tradeoff is not just are you big enough to justify using these measures but also these measures have serious costs to creators.

Copyright 45

Copyright Fair Use Music Licensing 45

Velocity of Content

SEPTEMBER 9, 2021

Unfortunately, sometimes bad things happen with one’s works under copyright, especially when they are available on a widely used public platform – for example, someone claims something that is not of their creation or infringes on a work through copying and distributing it. YouTube is no different in that respect.

Copyright 107

Copyright Social Media Licensing Publishing 107

IP and Legal Filings

APRIL 19, 2022

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957.

Copyright Law 72

Copyright Law Copyright Law Copyright Infringement 72

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims.

Blogging 127

Blogging Licensing Privacy Copyright Notice 127

Plagiarism Today

OCTOBER 7, 2021

The Letter: Doorland accuses Larson of copying her donor letter and including significant portions of it, in particular in early versions of the story. She took the words that someone else had written, copied them and used them in her story while presenting them as her work. That is, in a word, unacceptable.

Plagiarism 258

Plagiarism Art Copying Privacy 258

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

Your video has been removed from YouTube for a Terms of Service violation because it is a copy of another video that was previously removed from YouTube due to a copyright removal request that we received. Due to multiple copyright strikes associated with the videos below, your YouTube channel has now been terminated.

Business 100

Business Reporting Social Media Copyright 100

TorrentFreak

AUGUST 4, 2023

Liability could be disputed under the doctrine of fair use but since that’s a defense in response to an actual lawsuit, any details would require scrutiny – at huge expense – under the supervision of a judge. Despite Williams appearing pro se , the takedown notices are clear and well-formatted.

Copyright 84

Copyright Privacy IP Copying 84

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

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. So too with unjust enrichment, which was based on defendants’ copying.

Fair Use 52

Fair Use Trademark Copyright Editing 52

43(B)log

FEBRUARY 22, 2021

Persuade courts to keep larger whole in view when interpreting and applying these doctrines; reform doctrines that have been interpreted too narrowly like experimental use in patent. There are other policy concerns about research such as privacy, human subjects rules. Likewise, open access is part of the greater whole.

IP 40

IP Fair Use Copying Intellectual Property 40

43(B)log

NOVEMBER 2, 2021

The court doesn’t mention it, but one reason clearly implicated by this situation is first sale: if someone has a lawfully made copy of a yearbook to sell, their lack of copyright ownership shouldn’t affect the fact that ROP claims against the sale are preempted.) But an expectation of privacy need not be of “absolute or complete privacy.”

Copyright 64

Copyright Advertising Advertising Privacy 64

Copyright Lately

MAY 21, 2021

Based on my experience, copyright law can sometimes be the the only effective tool to protect what are probably more accurately seen as privacy or reputational interests— think using the DMCA to combat revenge porn. CBS’ use of her photo almost certainly qualifies as fair use, if she even owns the copyright in the first place.

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

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. Property v. property: TM v. chattels; IP v.

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

43(B)log

FEBRUARY 25, 2023

Discussant: Mark Lemley Maybe corpus linguistics can help w/things like descriptiveness and nominative fair use, though skeptical about confusion or fame (b/c you need a standard). We could do things like market share analysis—but TM might not try to prevent copying others’ TMs in general.

Trademark 72

Trademark Marketing Marketing Advertising 72

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 79

Copyright Derivative Work Fair Use Social Media 79