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 105

Fair Use Licensing Music Art 105

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 88

Cease and Desist Music Copying Fair Use 88

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

TorrentFreak

DECEMBER 7, 2023

A few days before we published that report, Google had just processed its seven billionth removal request, having reached six billion less than a year earlier. Back in August we reported how Google had received requests to remove one billion allegedly-infringing links from its search results. Those listed below represent just a small sample.

Business 99

Business Reporting Social Media Copyright 99

43(B)log

NOVEMBER 2, 2021

The court rejected the CDA §230 defense because PeopleConnect would only count as providing “information provided by another information content provider” if the other info content provider had given it the yearbooks contemplating that they could be published online. But an expectation of privacy need not be of “absolute or complete privacy.”

Copyright 64

Copyright Advertising Advertising Privacy 64

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 (?).

Fair Use 94

Fair Use Plagiarism Copyright Marketing 94

TorrentFreak

FEBRUARY 23, 2022

These figures represent a substantial increase over those published for 2020. 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 106

Copyright Infringement Copyright Copyright Notice Reporting 106

Copyright Lately

MAY 21, 2021

In 2019, Dolezal, then represented by notorious copyright troll Richard Liebowitz, filed a lawsuit against the publisher of Paper Magazine for using a photo from her Instagram account in a story. 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

TorrentFreak

AUGUST 4, 2023

Another notice references additional images (MBW-2 to 9) publicly published on the same website, presumably in support of the DMCA takedown notices sent to Twitter. Obtaining copies of the users’ personal photographs seems overly personal, not to mention ironic given the circumstances.

Copyright 81

Copyright Privacy IP Copying 81

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 80

Blogging Copyright Contracts Cease and Desist 80

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

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

SpicyIP

OCTOBER 27, 2023

On September 7, the Ministry of Consumer Affairs published the Draft Guidelines for Prevention and Regulation of Dark Patterns 2023, inviting comments from the public. For instance, when a person copies the unique packaging design of a popular energy drink, it confuses consumers and potentially infringes the trade dress.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

Copyright Lately

MARCH 6, 2023

Wagging Tails is now seeking an injunction to prevent Coakley from publishing materials—including a planned tell-all film—recounting his accusations. That case presented an example of copyright used to erase history (in Dolezal’s case, a photo of her standing next to a man she had falsely claimed was her father). LFP , Inc. ,

Copyright 79

Copyright Derivative Work Fair Use Social Media 79

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. 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. Ancestry , Knapke v.

Advertising 91

Advertising Advertising Social Media Blogging 91

Velocity of Content

SEPTEMBER 9, 2021

Basically, YouTube is a video publisher/host that does not charge users for their publishing and uploading activities. Instead — in keeping with the thrust of this series — I will just touch upon the key copyright aspects for individual creators manifest in this most prominent of self-publishing platforms.

Copyright 113

Copyright Social Media Licensing Publishing 113

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 71

Copyright Law Copyright Law Copyright Infringement 71

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

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. Plus, the 2001 Documentary was already published.

Fair Use 52

Fair Use Trademark Copyright Editing 52