43(B)log

SEPTEMBER 20, 2021

3, 2021) The parties compete in the market for custom landscape design services. “[I]n He did allege sadness, distress, and “profound grief” from Natorp’s copying of images of a particular landscape job, but the Lanham Act doesn’t cover psychological, emotional harm. McCleese v. Natorp’s, Inc., 2021 WL 2270511, No. 1:20-cv-118 (S.D.

Copying 64

Copying False Advertising Social Media Advertising 64

Traverse Legal Blog

APRIL 17, 2021

Copyright Licensing of Digital Assets Attached to NFT Sales. Bonus: Free Open Source Copyright License for NFT sales below]. What are the terms by which you are selling the NFT and licensing your work, the art you put into the platform that’s going to be attached to the NFT? NFT Copyright Licensing.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

Plagiarism Today

DECEMBER 6, 2022

First off today, Chris Cooke at Complete Music Update reports that the music production company Freeplay music has filed a lawsuit against CNN, alleging that the news organization used their music in news segments without a license. Freeplay has previously sued Ford over the use of their music in various promotional videos.

Music 183

Music Copying Licensing Copyright Infringement 183

TorrentFreak

DECEMBER 18, 2023

Patrons can also borrow books that are scanned and digitized in-house, with technical restrictions that prevent copying. Staying true to the centuries-old library concept, only one patron at a time can rent a digital copy of a physical book for a limited period. The Internet Archive has no license.

Fair Use 113

Fair Use Copyright Infringement Copyright Copying 113

LexBlog IP

AUGUST 11, 2021

The Java platform is available for free in certain circumstances under an open source license to be used to write and run programs that use the Java programming language, and it can run those programs across different types of hardware without having to rewrite the program for each different type.

Fair Use 52

Fair Use Copying Licensing Copyright 52

43(B)log

OCTOBER 11, 2022

Boston Carriage’s principals voluntarily shared their business knowledge with Boston Suburban, including Boston Carriage’s business and marketing strategies and its online presence.” Boston Suburban registered the domain name “logan-car-service.com.” And RICO claims failed because they were RICO claims.

False Advertising 83

False Advertising Advertising Advertising Copying 83

Plagiarism Today

JANUARY 18, 2022

million ($3 million) acquiring a physical copy of the book Jodorowsky’s Dune. With previous ones selling for around €25,000 ($28,000), their copy cost more than 100 times the going rate. Many copies of the book are already easy to access just through a simple search. Last year, the group spent €2.66

Copying 336

Copying Moral Rights Copyright Registration 336

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. AWF licensed the “Orange Prince” to Condé Nast for an article about Prince.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

JD Supra Law

SEPTEMBER 16, 2022

The US Court of Appeals for the Eighth Circuit upheld a ruling that a marketer had an implied copyright license to distribute marketing materials containing digital copies of photographs of the late musical artist Prince. Beaulieu v. Stockwell, Case No. 21-3833 (8th Cir. 30, 2022) (Gruender, Benton, Grasz, JJ.).

Licensing 40

Licensing Copyright Music Copying 40

TraskBritt Intellectual Property

APRIL 10, 2021

When developing Android, Google had copied the text and format of function calls from Oracle’s Java SE Application Programming Interface (API). LEXIS 1864 (2021), the Supreme Court held that Google’s copying was permissible fair use. In Google LLC v. 18-956, 2021 U.S. Software and IP.

Fair Use 40

Fair Use Copying Intellectual Property Copyright 40

TorrentFreak

AUGUST 12, 2022

Having spent billions on development and marketing over decades, companies like Microsoft dominate important sections of the software market. The defendants are described as prolific distributors of “black market access devices”, aka activation keys and tokens for Microsoft software. Device Peddlers Enabled Piracy.

Copying 103

Copying Licensing Marketing Marketing 103

IP Watchdog

AUGUST 22, 2021

Instead, it ordered copies of SAS’s products under the guise of an educational license, but with the true intent to reverse-engineer and copy key elements, including the selection and arrangement of its outputs, and even the manuals licensed users receive from SAS.

Copyright Law 126

Copyright Law Copyright Law Copying 126

Velocity of Content

OCTOBER 21, 2021

Several copyright and licensing stories of interest have captured our attention during recent months. CCC continues as always to monitor developments in international markets of interest to rightsholders and welcomes feedback from our readers. Access Copyright.

Licensing 105

Licensing Copyright Intellectual Property Reporting 105

Plagiarism Today

AUGUST 11, 2022

1: Microsoft Sues “Black Market” Software Distributor for TM and Copyright Infringement. First off today, Christina Tabacco at Law Street reports that Microsoft has filed a copyright infringement lawsuit against The Search People Enterprises over allegations that the company distributed pirated copies of Microsoft products.

Copyright Infringement 209

Copyright Infringement Music Plagiarism Reporting 209

Plagiarism Today

AUGUST 1, 2022

Finally today, Ad i Robertson at The Verge reports that Spice DAO (decentralized autonomous organization) has announced that it is abandoning much of its Dune -related plans and, instead, intends to sell its copy of the Dune bible and attempt to pay out holders of its $SPICE cryptocurrency.

Copying 167

Copying Publishing Plagiarism Reporting 167

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

IPilogue

DECEMBER 9, 2022

Take-Two licensed Randy Orton’s likeness from WWE. The Defendants also filed a motion for partial summary judgement on the basis of three defences : 1) de minimus, 2) fair use doctrine and 3) implied license. The court opined that the dispute to copying does not arise as the defendants had admitted to copying the tattoo.

Fair Use 112

Fair Use Copying Licensing Copyright 112

Plagiarism Today

NOVEMBER 18, 2021

According to the response of the modders, their use of any copyright-protected material was a fair use and that, due to Rockstar’s tolerance and even encouragement of modding in the past, that there was an implied license to continue the project. That content included both marketing text and user reviews.

Fair Use 204

Fair Use Plagiarism Editing Copyright Infringement 204

Plagiarism Today

MAY 11, 2022

However, an element of the bill would make it retroactive for all companies with a market cap of $150 billion, an amount Disney exceeds. According to the lawsuit, which was filed in California, Moonton copied elements of its mobile game, Wild Rift , which is the mobile version of League of Legends.

Plagiarism 189

Plagiarism Public Domain Copyright Law Copyright 189

TorrentFreak

DECEMBER 22, 2023

Publishers vs. Internet Archive The self-scanning service is different from the licensing deals other libraries enter into. They believe that IA’s library is disrupting the “ecosystem” and “market equilibrium” of ebook sales. “Fair use was designed to address precisely this type of market failure.

Copyright 116

Copyright Fair Use Publishing Marketing 116

Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. Philpot claims his standard photo licensing fee is $3,500, but reuses of the photo from Wikipedia Commons didn’t require any payment (just attribution). ” Market Effect.

Fair Use 88

Fair Use Licensing Copyright Marketing 88

Plagiarism Today

AUGUST 2, 2022

Back in January, the crypto group Spice DAO (decentralized autonomous organization) made headlines for spending approximately $3 million to acquire a physical copy of the book Jodorowsky’s Dune , a bible for a planned Dune move that would have been made in the 1970s. . The payment beyond excessive.

Copyright 228

Copyright Non-Fungible Tokens Technology Plagiarism 228

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. Background. The Plaintiff, Tips Industries Ltd.,

Music 98

Music Licensing Television Copyright Infringement 98

Velocity of Content

APRIL 4, 2024

I have been President and Chief Executive Officer of CCC since 2007 and have spent my career working to develop market-based licensing solutions. I am intrinsically motivated with regard to the work I do and am very passionate about the power of direct and collective licensing. What I like least is entrenched positions.

Licensing 52

Licensing Marketing Marketing Copyright 52

Plagiarism Today

JULY 25, 2022

It accuses VNG Group of releasing the Zing MP3 app, which features music owned by Lang Van even though VNG, according to the lawsuit, do not have license to use. app store and clearly targeted the United States with its marketing. Lang Van is a music production company that releases through a variety of platforms.

Cease and Desist 164

Cease and Desist Music Copyright Infringement Licensing 164

TorrentFreak

DECEMBER 13, 2023

“SFWA acknowledges the problem of generative AI scraping pirated material published as copy-protected ebooks by professional publishers, but SFWA additionally has the unique position of representing many authors who have fought to make their work available for free for human readers.

Publishing 135

Publishing Licensing Copyright Copying 135

Patently-O

JANUARY 4, 2024

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. Winston & Strawn , 23-cv-11193 (S.D.N.Y. Cannon , 789 N.W.2d

Plagiarism 122

Plagiarism Fair Use Copying Copyright Infringement 122

Technology & Marketing Law Blog

AUGUST 12, 2021

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.”. Nicklen sued Sinclair Broadcast Group and others. Is Embedding a Display? Under the Copyright Act, display.

Social Media 140

Social Media Copyright Fair Use Licensing 140

Plagiarism Today

JANUARY 19, 2022

Without this rule, many authors fear the UK market would be flooded with cheaper international copies. The law, which took effect January 1, requires publishers that distribute e-books to offer a license to libraries on “reasonable” terms. That campaign was successful as it has, for now at least.

Copyright 197

Copyright Copyright Law Publishing Copyright Infringement 197

TorrentFreak

OCTOBER 4, 2023

The company was founded in 2009 and today boasts 16 million active monthly streaming users, making Plex a serious market player. The photo was shot by Jose Perez Gegundez who typically licenses it to third parties for a fee. — A copy of the complaint is available here (pdf).

Copyright Infringement 98

Copyright Infringement Copyright Copying Licensing 98

43(B)log

APRIL 7, 2021

On factor four, it was nice to see acknowledgement that (1) the licensing package Oracle offered was very different from what Google ultimately copied, and thus didn’t show market harm from what Google actually copied and (2) this was a circularity problem, which should be avoided.

Marketing 40

Marketing Marketing Fair Use Derivative Work 40

Technology & Marketing Law Blog

JUNE 2, 2022

. “Von D presumably did not need to copy the pose from the Portrait in order express a sentiment of melancholy.” Market Effect. “no one has told [Sedlik] they would not buy a copy of the Portrait because they had seen the Tattoo or social media posts about the Tattoo.” ” Huh? –Sedlik v.

Copyright 142

Copyright Social Media Fair Use Licensing 142

TorrentFreak

AUGUST 19, 2021

They say that IA now wants access to data related to more than 500,000 additional books, complaining that it only wants access because the data it has obtained thus far doesn’t support its theory of no market harm. ” Data Sought is “Not Material”, Creates a Massive Burden.

Publishing 142

Publishing Fair Use Marketing Marketing 142

TorrentFreak

AUGUST 15, 2022

Many Steam users buy keys from third-party platforms for various reasons, including to obtain cheaper prices reserved for other markets. There’s no suggestion that the keys sold by Buka were obtained illegally, but licensing can be extremely complicated. According to prices listed today on SteamDB , Ukrainians pay just $37.88

Copying 108

Copying Licensing Publishing Marketing 108

Patently-O

MARCH 31, 2024

In addition to rebutting this direct evidence, the patentee is also permitted to present additional objective indicia of nonobviousness such as commercial success, long-felt but unsolved needs, failure of others, copying, unexpected results, praise by others, and licensing. Did others copy the claimed invention?

Invention 57

Invention Copying Licensing Art 57

Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

Undoubtedly, the OTT broadcasting market is one of the world’s largest media markets. The producers have broadened monetization prospects with separate licensing agreements with traditional broadcasters and OTT platforms. Hence, the licensing agreement must be secured from unauthorized breach.

Cease and Desist 85

Cease and Desist Licensing Intellectual Property Copyright 85

The IPKat

JANUARY 27, 2022

Ab initio distinctiveness The Court concluded that the trademark is not distinctive ab initio because there are numerous similar perfume bottles on the market. So the Court considered that Chanel’s perfume bottle is commonplace within the perfume market. As mentioned, Chanel had also submitted marketing materials and market share data.

Trademark 138

Trademark Registration Marketing Marketing 138