Velocity of Content

MAY 1, 2024

29 town hall, The Heart of the Matter: Copyright, AI Training and LLMs, presented a comprehensive case that AI systems do infringe copyrights and called for a licensing system to compensate content owners. Thus, it can be said that they have made complete and exact copies of everything they have ingested.

Fair Use 52

Fair Use Copying Licensing Copyright 52

Plagiarism Today

OCTOBER 26, 2021

If the costume isn’t licensed, why is it not infringing regardless of the name change? This means, theoretically, that elements such as the Superman “S” can be protected by copyright because they are separate elements that are merely copied onto the clothing. This isn’t to say there’s been no litigation in this area.

Trademark 247

Trademark Copyright Cease and Desist Copying 247

Technology & Marketing Law Blog

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

Blogging 94

Blogging Contracts Cease and Desist Social Media 94

Technology & Marketing Law Blog

APRIL 6, 2022

The “Platform Policy” appears to grant a broad license to users of the API. As the court notes in a footnote, Instagram has changed its policy since the onset of the litigation. The current terms make clear that platform API users are not automatically granted a license and must independently secure rights in any content they embed.

Licensing 113

Licensing Fair Use Blogging Copyright 113

IP Tech Blog

FEBRUARY 15, 2023

While many see China’s AI policies as a cover to curb freedoms and control society, the reality is that China is an active AI developer in a thriving market for AI applications in both the trade and industrial sectors. licensing, assignment, JVs, cooperation and co-development etc.) China is at the forefront of the AI development race.

Intellectual Property 113

Intellectual Property Due Diligence Ownership IP 113

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

Patently-O

MARCH 31, 2024

Role of Jury Instructions and Objective Indicia In American civil litigation, jury instructions are the set of legal rules and guidelines provided to the jury by the trial judge before the jury begins deliberations. In contrast, commercial success and long-felt need may depend more on post-introduction market reactions over a longer period.

Invention 57

Invention Copying Licensing Art 57

43(B)log

MARCH 1, 2022

Bell continues to market his 1982 72-page book, and also sells merchandise, “including t-shirts and posters that display the passage that was quoted in the tweets.” Bell allegedly offers licenses for its use. If that were all, copying the WIN Passage would be qualitatively significant. Effect on the market: Harm was implausible.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

TorrentFreak

JUNE 14, 2022

Two Years of Litigation, Both Parties Request Summary Judgment. Koeltl at the District Court for the Southern District of New York, the plaintiffs say that as leading publishers of tens of thousands of books, they already issue licensed ebook editions to libraries. In a June 10 letter to Judge John G.

Publishing 112

Publishing Fair Use Copying Editing 112

IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No. Unbeknownst to Ms.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

Technology & Marketing Law Blog

AUGUST 31, 2021

” Factor four : The court acknowledges that a market exists for plaintiff’s photos, but the transformative nature of defendant’s use “mutes” the degree of market substitution. Factor three : The entirety of the work was copied. Philpot is a serial litigant. McGucken is appealing the ruling against him.

Fair Use 128

Fair Use Journalism Licensing Marketing 128

Copyright Lately

MAY 22, 2023

In a 7-2 decision , the Court ruled that the commercial licensing of Andy Warhol’s “Orange Prince” to Condé Nast to illustrate a story about the late musician shared “substantially the same purpose” as the original Lynn Goldsmith photo from which Warhol’s silkscreen was derived, and therefore weighed against fair use. Goldsmith.

Fair Use 91

Fair Use Licensing Copying Artwork 91

43(B)log

FEBRUARY 4, 2023

Does the status of that work or copy limited subsequent uses of it or transactions about it? Fair use justified by project: multiple copies for classroom use, time shifting vidos, visual search thumbnails, full text search engine, intermediate copying for reverse engineering. Fair use and first sale: in tension?

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

LexBlog IP

DECEMBER 15, 2021

Copyright Office and you find someone has infringed your copyright by copying substantial portions of your book. Let’s further suppose that you cannot prove that the infringement caused you lost sales, lost opportunities to license, or diminution in the value of the copyright. The answer to all these questions is YES!

Copyright Infringement 52

Copyright Infringement Copyright Licensing Registration 52

Technology & Marketing Law Blog

AUGUST 30, 2023

“Nursing CE Central” is a descriptive mark with “a weak secondary meaning… the plaintiff makes no meaningful showing that the public, or even those in the market in which it competes, readily recognizes its name.” The litigants directly compete. ” Marketing channel. ” Relatedness of goods.

Advertising 85

Advertising Advertising False Advertising Trademark 85

IP and Legal Filings

JANUARY 8, 2023

modification, and other forms of copying of the work fall under this category. Contingent liabilities, or funds saved in case of a potential litigation, may result from infringement instances. Through a licensing agreement, they can give consent for other parties to utilize their creations. Image Sources : Shutterstock].

Copyright 74

Copyright Copyright Infringement Music Copying 74

IPilogue

OCTOBER 18, 2022

After a test copy of New Genesis was leaked online, WOTC took issue with development company TSR LLC’s use of their IP rights in the game. The context surrounding the litigation shows that protecting business interests is not trademark law’s sole function. . We will be following the outcome of this dispute as litigation continues.

Trademark 101

Trademark Trademark Law Intellectual Property Law Publishing 101

The IP Law Blog

MARCH 2, 2023

According to Getty Images, Stability copied Getty’s photographs with associated text and metadata to train its Stable Diffusion model, which uses AI to generate computer-synthesized images in response to text prompts. Getty Images generates revenue by licensing the right to use its assets to businesses and consumers.

Copyright Infringement 104

Copyright Infringement Copyright Fair Use Technology 104

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market. Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. This means that no one else can copy or distribute their creations without permission.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Olartemoure Blog

MARCH 16, 2021

Some may say you are telling counterfeiters how to better copy your brand, but the truth is most Colombian consumers don’t want to be caught by friends using counterfeits. Many cases remain under the radar if you do not have local counsel helping you know the market. Take advantage on this to request purchasing licenses.

Cease and Desist 98

Cease and Desist Social Media Copying Branding 98

Copyright Lately

SEPTEMBER 26, 2022

After over four years of litigation and five COVID-related continuances, it’s finally time for the main event. As the parties wait in their respective corners for the opening bell to ring, here’s what you need to know: Alexander Has Already Established Ownership and Copying. Implied License and Fair Use Are the Key Remaining Defenses.

Fair Use 85

Fair Use Licensing Ownership Copying 85

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No. ” Unbeknownst to Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

IPilogue

SEPTEMBER 29, 2021

The series was originally commissioned by Vanity Fair after it bought the license of the photo portrait from Goldsmith. The appellate court’s decision partly considered Goldsmith’s weakened ability to license and profit from her work used by the Warhol series. The implication of the result will be far-reaching.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. 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. A New 512(f) Plaintiff Win! assertions.

Registration 110

Registration Fair Use Copyright Designs 110

The IPKat

OCTOBER 7, 2021

Merpel wonders where we are headed on the FRAND licensing level debate, and who is in the driver's seat? SEP Litigation Demonstrates Licensing Component Suppliers Would Increase Efficiency Some SEP owners have argued against licensing component suppliers under the pretext that it is more efficient to license end users.

Licensing 57

Licensing Litigation Technology Patent 57

BYU Copyright Blog

SEPTEMBER 12, 2022

This dispute concerned an image shared under a Creative Commons license, which was allegedly used by the law firm Meyer, Suozzi, English & Klein, P.C. the "Plaintiff") in an article it produced without complying with the attribution requirements of the license. Higbee et alWe previously reported on this case here.

Settlement 52

Settlement Licensing Publishing Reporting 52

LexBlog IP

FEBRUARY 15, 2023

While many see China’s AI policies as a cover to curb freedoms and control society, the reality is that China is an active AI developer in a thriving market for AI applications in both the trade and industrial sectors. licensing, assignment, JVs, cooperation and co-development etc.) But rights holders must be prepared.

Intellectual Property 52

Intellectual Property Due Diligence Ownership IP 52

Technology & Marketing Law Blog

JULY 18, 2023

Genius planted tiny mistakes in some of the lyrics it posted, and once those appeared in Google’s information boxes, it argued that Google copied lyrics from Genius. Genius’s “browsewrap,” however, prohibits copying for commercial use, and Genius sued Google for breach of contract.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. Three courts of appeals have answered “no.”

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

IPilogue

OCTOBER 28, 2021

In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. Scary Issues with Licensing and Trademarks. In general, any clothing, including costumes, is not protected by copyright laws. There are notable exceptions.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

JIPL Online

MARCH 15, 2021

Then, the post will predict how Netflix may shift its content practices, defense strategies, and settlement tactics as a result of their past litigation successes in copyright actions. 14] Before lawyers got involved, pressure from the photographer resulted in the granting of a licensing fee. [15] SETTLEMENT CASES.

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

BYU Copyright Blog

JANUARY 8, 2024

Cases Update BYU Copyright Licensing Office,YouTube,Creative Commons January 08, 03:50 PM January 08, 03:50 PM Marenem v. Additionally, Springdale denied allegations of intentionally providing unauthorized public access to Marenems works or diminishing their market value. The court approved the settlement on December 7, 2023.

Settlement 40

Settlement Publishing Copyright Copyright Infringement 40

LexBlog IP

FEBRUARY 28, 2022

A few years later, in 1984, Goldsmith’s agency, which had retained the rights to those images, licensed one of them to Vanity Fair for use in an article called “Purple Fame.” Controversy” [8] : The Litigation. Vanity Fair , in turn, commissioned Warhol to make a silkscreen using Goldsmith’s photograph. He did just that.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

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

OCTOBER 19, 2021

As a result, the legal issues rarely are litigated any more. * * *. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? We need to know more about this license. WhenU concluded that trademarks was a dead-end. ” Wait, what? Trespass to Chattels.

Licensing 87

Licensing Copyright Contracts Advertising 87

Technology & Marketing Law Blog

SEPTEMBER 10, 2023

For a fuller description of the litigation genre and its problems, see my paper. I’ve been shocked at how acquiescent judges have been towards SAD Scheme cases, especially in the Northern District of Illinois, where the judges see these cases frequently and surely have witnessed first-hand some litigation abuses.

Trademark 79

Trademark Litigation Law Blogging 79

TorrentFreak

AUGUST 14, 2021

“Without any license or any payment to authors or publishers, IA scans print books, uploads these illegally scanned books to its servers, and distributes verbatim digital copies of the books in whole via public-facing websites.” ” Publishers: Discovery Would Be Burdensome.

Publishing 145

Publishing Fair Use Copyright Infringement Copyright 145