TorrentFreak

MAY 26, 2023

The number of removals runs in the hundreds of thousands during a typical month, without getting noticed by the public at large, but if Instagram users continue to post copyright infringing content, they risk losing their accounts. However, as often happens with popular media, pirated footage was readily available too.

Social Media 121

Social Media Copyright Infringement Ownership Fair Use 121

Copyright Lately

JUNE 2, 2022

In a 30-page order, the district court largely denies both parties’ motions for summary judgment, finding triable issues on substantial similarity and fair use. and High Voltage Tattoo) asked the court to determine that the use of Sedlik’s photo as a reference image qualified as a fair use of the copyrighted work.

Fair Use 104

Fair Use Social Media Copyright Copyright Infringement 104

Technology & Marketing Law Blog

JUNE 2, 2022

She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. Here is Sedlik’s photo and Kat Von D’s tattoo rendering on Farmer: Infringement. ” As for whether the tattoo is substantially similar to the copyrighted elements of the photo, the court sends the issue to the jury. .”

Copyright 142

Copyright Social Media Fair Use Licensing 142

IP Tech Blog

NOVEMBER 29, 2023

18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked. In Cramer v. Netflix, Inc. , 3:22-cv-131 (W.D.

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Fair Use Cease and Desist Social Media Art 62

Copyright Lately

OCTOBER 2, 2023

It’s time to start paying attention though, because a Delaware District Court judge just ordered this low-profile AI case to trial, largely denying the parties’ motions for summary judgment on copyright infringement and fair use (read the opinion here). These copies, Ross claims, are fair use.

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Fair Use Copyright Copying Copyright Infringement 95

TorrentFreak

APRIL 7, 2024

Aside from addressing copyright infringements in an automated fashion, the Content ID system brings in billions of dollars in revenue. Many rightsholders choose to monetize copyright-infringing videos instead of taking them down, which can be quite lucrative. This approach was initially controversial but not anymore.

Copying 91

Copying Copyright Infringement Fair Use Social Media 91

TorrentFreak

JANUARY 2, 2022

Copyright infringement disputes come in many shapes and sizes. What is rare, however, is for a copyright infringement dispute to have an air of sadness, especially when that affects both sides, albeit in different ways. Mark believes his work is allowed under fair use but that didn’t seem important to Toei.

Social Media 133

Social Media Fair Use Copyright Infringement Copyright 133

43(B)log

MAY 19, 2023

WowWee’s Vice President of Brand Development & Creative Strategy, Sydney Wiseman, used her WowWee email address to create a Roblox user account and used her Roblox account to promote My Avastars dolls on social media, including videos on her TikTok account.

Copying 94

Copying False Advertising Social Media Advertising 94

JIPL Online

APRIL 9, 2021

In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

LexBlog IP

NOVEMBER 29, 2023

18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked. In Cramer v. Netflix, Inc. ,

Fair Use 52

Fair Use Cease and Desist Social Media Art 52

Technology & Marketing Law Blog

JANUARY 3, 2023

” However, Wallshoppe does not allege Defendant knew of the specific acts of infringement at issue here—Sienna Lewis selling products featuring the Palm Design on Defendant’s website. Jury awards nearly $50M in damages against Internet access provider for user-caused copyright infringement. Verizon Media, Inc.,

Copyright 92

Copyright Social Media Copyright Infringement Publishing 92

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? The court then moves on to consider Viacom’s copyright infringement claim.

Blogging 91

Blogging Social Media Television Fair Use 91

Technology & Marketing Law Blog

SEPTEMBER 18, 2021

In a weird turn, the plaintiffs only pursued a contributory copyright infringement theory against Instagram, where the incorporating websites are the direct infringers and Instagram facilitates their infringement. Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act.

Copyright 116

Copyright Copyright Infringement Social Media Licensing 116

Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. Nonetheless, Shah has not alleged authorship under current Seventh Circuit law and the Court dismisses his copyright infringement claim. (To

Copyright 125

Copyright Fair Use Licensing Ownership 125

IP Tech Blog

AUGUST 15, 2022

copyright infringement by MoneyBags). Then, the court must balance the equities by weighing the potential harm to the party seeking disclosure against the speaker’s interest in anonymity, in light of the strength of the underlying copyright infringement claim. If the use is fair, it is not infringement.

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Fair Use Copyright Infringement Copyright Marketing 62

Kluwer Copyright Blog

OCTOBER 3, 2023

The Common Crawl dataset is owned by a non-profit, which makes the data available to the public for free — but it is intended to be used for research and education and, according to the plaintiffs, it was never intended to be turned into an AI product for commercial use (see here and here ). 110-111). 4th 1149 (9th Cir.

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Fair Use Privacy Copyright Technology 136

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 95

Fair Use Copying Television Social Media 95

Copyright Lately

SEPTEMBER 26, 2022

That order actually topped my list of the 5 Worst Copyright Decisions of 2020 because, by sending the case to a jury, the court effectively ruled that anyone with a tattoo is not in control of the uses to which his or her likeness is put. Some of Randy Orton’s tattoos from Catherine Alexander’s copyright applications.

Fair Use 85

Fair Use Licensing Ownership Copying 85

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. All of these facts placed Defendant on actual notice that it was highly likely that, in fact, Plaintiff’s Sticker Sheet was not infringing the Subject Design.

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Registration Fair Use Copyright Designs 111

The IPKat

DECEMBER 20, 2023

by Despoina Dimitrakopoulou Recently, the news of reggaeton mega-star Bad Bunny's eloquently put disappointment spread on social media, bringing up interesting questions concerning music creation using AI. Essentially, FlowGPT would have fed the copied songs into the system, and that could mean copyright infringement.

Music 73

Music Social Media Copying Derivative Work 73

IPilogue

OCTOBER 28, 2021

In other words, one cannot avoid copyright infringement by merely reproducing a copyrighted work on a shirt or other “useful article.” While this may not apply to most costumes, this can prevent retailers from replicating images of Disney princesses and other copyrighted characters onto their clothing.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. It’s usually on the receiving end of the “I came up with it first!”

Music 104

Music Derivative Work Fair Use Cease and Desist 104

Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts.

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Copyright Art Fair Use Registration 145

LexBlog IP

OCTOBER 25, 2023

Larson also sought a declaration that she owns the copyright to The Kindest and that the letter in the short story does not infringe Dorland’s copyright. Dorland counterclaimed for copyright infringement, claiming that Larson’s use of Dorland’s letter was a violation of intellectual property law.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

43(B)log

JUNE 26, 2023

Media critics allegedly readily observed that the new show was “a clone of A&E’s Live PD,” and that “On Patrol: Live is Live PD.” Fan reactions on social media included “Ok. Query: what percentage of social media comments about On Patrol: Live does this represent? So they’re in the same online video market.

Social Media 59

Social Media Copying Fair Use Advertising 59

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. At that point, US trademark applicants have an additional 3 years to begin using the mark in US commerce.

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Trademark Non-Fungible Tokens Branding Brands 62

SpicyIP

MARCH 10, 2023

Unlike trademark law, the concept of honest and concurrent use does not exist in copyright law, and it cannot, as no two people can come up with the same exact play or book! There is a higher probability of such Output being considered as infringing by the courts, when a user uses ChatGPT’s Output for commercial purposes.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. At that point, US trademark applicants have an additional 3 years to begin using the mark in US commerce.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? You might assume that the concept of a “derivative work” under copyright law would be simple to define. and will post updates here on Copyright Lately.

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Derivative Work Art Copying Fair Use 108

Technology & Marketing Law Blog

AUGUST 1, 2023

In other words, the gist of the case is whether the photographers surrender their right to exclude others by voluntarily posting their own photos to social media. Therefore, Perfect 10 has made a prima facie case that Google’s communication of its stored thumbnail images directly infringes Perfect 10’s display right. 3d at 1160.

Blogging 95

Blogging Copying Social Media Copyright 95

Copyright Lately

MAY 1, 2023

She would create a dataset of sound files consisting of Drake acapella vocals (stripped from the music tracks using a vocal separator) and run the data through software used to train the voice model. Hit me up in the comments below or on social media @copyrightlately. AI Drake original track “Winter’s Cold.”

Music 87

Music Copyright Copying Copyright Law 87

Copyright Lately

APRIL 3, 2023

The future of “controlled digital lending” is in doubt after a court rules that the Internet Archive’s online library is not protected by fair use. Instead, IA argued that its conduct was protected by fair use. A New York federal judge has ruled in favor of four leading U.S.

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Fair Use Copying Publishing Copyright 69

Copyright Lately

APRIL 19, 2022

Over the past quarter-century, transformative use has become shorthand for fair use itself. When I first heard that the Supreme Court had agreed to take up the fair use fight over Andy Warhol’s “Prince Series,” my first reaction was “Oh wow.”. Fair use is supposed to be about balance and flexibility.

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Fair Use Art Copyright Social Media 78

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

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Non-Fungible Tokens Social Media Contracts Branding 52

SpicyIP

JULY 11, 2021

He evaluates the various applicable laws to argue that a thesis is a ‘public document’, the right to access which is available to the public as a matter of public interest, as well as through fair use under Section 52 of Copyright Act and also the RTI Act. Other Posts. Delhi High Court in FMC Corporation & Anr.

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Moral Rights Journalism Licensing IP 105

IIPRD

JANUARY 18, 2022

The idea has spread across all market sectors, and now luxury fashion retailers have joined the tokenization bandwagon. Copyright infringement arises when reproduction right is infringed (i.e. the restriction against reproducing or copying copyright works) or communication right is infringed.

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Non-Fungible Tokens Intellectual Property Ownership Branding 40

SpicyIP

DECEMBER 30, 2023

Delhi High Court] On August 9, the Delhi High Court devised a judicial mechanism to combat novel ways of copyright infringement and issued the first-ever Dynamic+ injunction in favour of Universal City Studios LLC., On March 13, the Delhi High Court granted an ex parte interim injunction in Markets and Markets Research Pvt.

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IP Copyright Trademark Intellectual Property 124