Plagiarism Today

MAY 19, 2022

The case is expected to be heard on June 6, but before then the court has tapped an expert from the Center for Innovation, IP and Competition at National law University to weigh in on the extent fair use makes such playing infringing or non-infringing.

Music 212

Music Licensing Television Fair Use 212

TorrentFreak

MARCH 19, 2024

Instead of focusing on alleged hacking practices, the company led with Jack Valenti’s ‘Boston Strangler’ analogy, part of an all-out effort by television and movie producers to stop a groundbreaking new technology. Microsoft filed a separate motion to dismiss. Hollywood was ultimately unable to stop the VCR.

Copyright Infringement 89

Copyright Infringement Television Copying Social Media 89

TorrentFreak

MAY 24, 2022

Terms such as DMCA, copyright strike and fair use are now regular features in YouTube content creator communities but that hasn’t necessarily led to fewer infringements or happier rightsholders. These heavily edited copies of mainstream movies aim to summarize key plot lines via voice-over narration in about 10 minutes.

Editing 138

Editing Copyright Television Copyright Law 138

Dear Rich IP Blog

FEBRUARY 25, 2021

Is it fair use to use the entire unclipped episode, if, throughout my recording, I am making commentary on the episode I am watching? Your project may qualify as fair use. A judge, when determining fair use, must consider four factors the purpose and character of your use. The factors?

Fair Use 52

Fair Use Copying Television Copyright Infringement 52

Technology & Marketing Law Blog

AUGUST 12, 2021

Sinclair owns a bunch of television stations. means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.”. Fair use : The court also grapples with fair use.

Social Media 140

Social Media Copyright Fair Use Licensing 140

The IP Law Blog

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 98

Fair Use Copyright Licensing Copying 98

Copyright Lately

MAY 17, 2021

And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. The Supreme Court’s seminal fair use decision, Campbell v.

Fair Use 96

Fair Use Copying Television Social Media 96

IPilogue

OCTOBER 12, 2022

Netflix also holds the position that Barlow and Bear “ copied liberally and nearly identically ” the elements of expression, dialogue, characters, and key plot points from Bridgerton. Ironically enough, if this case was filed in Bridgerton home territory, the UK, Barlow and Bear may attempt to use the defence of parody and pastiche.

Intellectual Property 105

Intellectual Property Social Media Music Fair Use 105

Technology & Marketing Law Blog

MAY 30, 2022

Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.

Blogging 90

Blogging Social Media Television Fair Use 90

IPilogue

DECEMBER 20, 2021

While most creators support fandoms, with some even regularly appearing at fan conventions , the line between appreciating a creator’s work and copying can be blurred. Cosplay (or “costume play”) is the act of dressing up as a character, often from anime, video games, comics, television, or film.

Copyright 122

Copyright Television Copyright Infringement Derivative Work 122

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

Velocity of Content

OCTOBER 19, 2021

wrote into the statute) the well-known four fair use factors which provide guidance for assessing whether, in cases of alleged infringement, an unauthorized use ought to be considered a fair use. One section of the new law, Section 107, codified (i.e.,

Copyright 95

Copyright Law Fair Use Public Domain 95

TorrentFreak

JULY 26, 2023

So-called ‘cam’ copies appear online within hours of movies first appearing in theaters, yet as piracy releases go, cams are unique in their ability to disappoint just about everyone. For the last 40 years the Motion Picture Association has regularly highlighted the damage caused by in-theater recordings of the latest movies.

Copying 67

Copying Fair Use Cinema Reporting 67

Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. To briefly summarize, the court left the fair use question entirely to the jury, despite its own pre-trial order and the Supreme Court’s recent decision in Google v.

Blogging 133

Blogging Fair Use Copyright Infringement Copyright 133

IPilogue

SEPTEMBER 9, 2022

Television producers need to be careful to ensure that they are not mimicking real-life businesses too closely to offer their fictitious shows some realism. The real-life tax company “Liberty Tax” claims that the show copied its logo and style, including the Statue of Liberty, which is a frequent identifier of the company.

Trademark 106

Trademark Public Domain Television Fair Use 106

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

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

IP and Legal Filings

JANUARY 8, 2023

modification, and other forms of copying of the work fall under this category. A product or piece of information may be easily copied thanks to modern technology, and some businesses get a significant portion of their income from copying what other businesses have produced. Rameshwari photocopy services & ors. The Tips v.

Copyright 80

Copyright Copyright Infringement Music Copying 80

Kashishipr

JUNE 9, 2021

With the onset of the trend wherein users are gradually switching to online streaming to meet their music needs and discarding traditional methods such as radio, television, and music CDs, compulsory licensing for the internet was recognized as a key policy issue by the music industry last year.

Music 98

Music Licensing Television Copyright Infringement 98

SpicyIP

JULY 29, 2021

Limitations on storage of copied works in digital formats. To put things in perspective, even the most IP-friendly jurisdiction of US in Cambridge v. Becker has held 10% copying to be fair use in most cases, on top of the flexible ‘ Amount & substantiality ’ factor test in its fair use doctrine.

Copyright 119

Copyright Reporting Fair Use Copyright Law 119

Copyright Lately

JANUARY 13, 2023

Shortly after his “I Have a Dream” speech was delivered in August 1963, King moved for a preliminary injunction preventing record companies from selling copies of the speech. This has left other radio and TV outlets to play only short excerpts, which are protected under copyright’s fair use doctrine.

Copyright 95

Copyright Public Domain Copyright Notice Copying 95

LexBlog IP

FEBRUARY 11, 2024

You see, when I was growing up, computers took up entire rooms and content was published on paper – books, newspapers, magazines, and yes, sometimes even broadcast on television or radio. Copying was tedious. Copying took effort. It was always perfectly clear to me what someone else authored and owned.

Copyright 52

Copyright Due Diligence Content Creation Copyright Law 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

SpicyIP

MAY 2, 2022

You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? In response the Defendant claimed, “ fair use” and “ de minimis” use. Carlton UK Television Ltd. The Court also recognized that use in “a reduced form” would be fair.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

43(B)log

JUNE 26, 2023

A&E Television Networks, LLC v. 16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. I think the court expects nominative fair use to take care of this, and that’s plenty defensible.) Big Fish Entertainment, LLC, 2023 WL 4053871, No.

Social Media 59

Social Media Copying Fair Use Advertising 59

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

IIPRD

AUGUST 11, 2023

There is no question of fair use as although it is not commercially beneficial but it is neither limited to private use. However, the US Court has held Napster [2] , which was a file-sharing platform as well, guilty of infringing copyrighted materials and was denied the defence of fair use.

Art 52

Art IP Intellectual Property Copyright 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. Signal 23 Television v. Anthony, 2020 WL 11206863 (N.D. Prior Posts on Section 512(f). Longarzo. * Another 512(f) Case Fails–Handshoe v.

Registration 110

Registration Fair Use Copyright Designs 110

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 105

Music Derivative Work Fair Use Cease and Desist 105

IP and Legal Filings

FEBRUARY 17, 2022

The fact that the media experience (whether in a book, film, video, game, or interactive television) depends on both the creator, whose rights are protected by copyright law, and the viewer, who brings their own personal vision to the character, has become increasingly important in the context of interactive technology and user-generated content.

Fair Use 68

Fair Use Copyright Television Copying 68

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

Velocity of Content

SEPTEMBER 9, 2021

At present, YouTube certainly has many other aspects, included music, television-like programming, and live streaming, but I am not going to get into those.). Note that the algorithm does not work perfectly — most prominently, it doesn’t understand the US legal doctrine of fair use very well. (To

Copyright 87

Copyright Social Media Licensing Publishing 87

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. This left only the fair use defense remaining for the jury.

Fair Use 80

Fair Use Designs Design Licensing 80

IP and Legal Filings

JANUARY 13, 2023

Wilmot Storage Services [2] , the court laid down the scope and extent of de minimis while stating that it can be used in matter of copying of the copyrighted content instead of just a mere display of such work. DE MINIMIS IN COPYRIGHT LAW. In the landmark case of Bell v. Viacom 18 Motion Picture & Ors [6].,

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

JIPL Online

APRIL 9, 2021

Memes utilize pop culture content, such as movies, television shows, and other various forms of media, often in a parodic way. Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] By: Taylor Bussey. INTRODUCTION.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

43(B)log

MAY 22, 2023

Several had appeared in magazines, advertising campaigns, television episodes, and films. Plaintiffs had “varying levels of success and visibility in their modeling careers.” Some were former Playboy Playmates. Their highest yearly modeling earnings range from around $18,300 to around $107,000.

Social Media 49

Social Media False Advertising Advertising Advertising 49

43(B)log

SEPTEMBER 7, 2023

When she became aware of the use, she promptly sent a C&D. (It The court also rejected summary judgment on a fair use defense. Even assuming the purpose of Defendants’ use was to make the BTO ad available for commentary and criticism, that purpose itself, in the context of this case, is commercial” (citing Warhol ).

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59