TorrentFreak

DECEMBER 22, 2023

Publishers Hachette, HarperCollins, John Wiley, and Penguin Random House filed a lawsuit, equating IA’s controlled digital lending (CDL) operation to copyright infringement. Earlier this year a New York Federal court concluded that the library is indeed liable for copyright infringement.

Copyright 118

Copyright Fair Use Publishing Marketing 118

IP and Legal Filings

OCTOBER 12, 2023

Introduction India has a rich culinary legacy, in recent times, the growth of Indian cuisine has seen a tremendous commercial surge both domestically and internationally which has led to an increased need for the protection of recipes to ensure their authenticity and provide ownership rights to the actual creator of the recipe.

Copyright 89

Copyright Intellectual Property Ownership Fair Use 89

Plagiarism Today

OCTOBER 4, 2022

This prompted Alexander to file a lawsuit against Take-Two, claiming copyright infringement of her work. However, the important thing to know is that there was no doubt that Take-Two did copy the tattoos in question and there was no question of Alexander’s ownership of them. Blurred Tattoo Lines.

Copyright 202

Copyright Fair Use Licensing Copyright Infringement 202

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

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. Alternatively, they may be classified as fair use.

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Social Media Copyright Infringement Ownership Fair Use 122

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. A plaintiff typically has the burden at trial to prove ownership of a valid copyright.

Fair Use 85

Fair Use Licensing Ownership Copying 85

SpicyIP

FEBRUARY 17, 2023

SpicyIP intern Tanvi Agarwal brings us up to date on the last two orders (see here and here ) regarding amendments that the defendants wanted in the written statement, and the dismissal of the application to reject the plaint. Tanvi is a second-year student pursuing BA LLB at the National University of Juridical Sciences.

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

43(B)log

MAY 19, 2023

Roblox sued for copyright infringement, false advertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and false advertising and unfair competition under California law.

Copying 94

Copying False Advertising Social Media Advertising 94

BYU Copyright Blog

MARCH 18, 2024

In April 2021, Wilder registered a copyright for the Unit 7H NICHE materials. Wilder filed an action against Hoiland in February 2022 for copyright infringement. Because Wilder did not register the copyright within five years of publication, there was no longer a presumption of validity.

Fair Use 40

Fair Use Higher Education Copyright Infringement Marketing 40

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. Shah argued that the copyrights transferred to him “by operation of law” when the friend/bystander handed back the camera.

Copyright 124

Copyright Fair Use Licensing Ownership 124

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. Lynn Goldsmith, et al. ,

Fair Use 52

Fair Use Cease and Desist Social Media Art 52

Technology & Marketing Law Blog

MARCH 6, 2022

Babybus runs a competitive channel that Moonbug believes infringes its copyrights. An example: Moonbug submitted takedown notices to YouTube covering at least 70 videos and sued Babybus for copyright infringement. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Fair Use 95

Fair Use Cease and Desist Copying Copyright Infringement 95

IPilogue

JUNE 21, 2022

This case has the potential to define the scope of trademark rights against unauthorized uses in the world of NFTs. NFTs are unique digital assets that are digital representations of ownership of real-world items. The Nike Suit. Recent Developments. This distinction may be StockX’s attempt to distinguish themselves from Hermès Int’l v.

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Non-Fungible Tokens Ownership False Advertising Fair Use 116

Technology & Marketing Law Blog

AUGUST 8, 2021

The Television Academies sued Goodman for copyright infringement, trademark infringement and dilution, and defamation. Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use.

Fair Use 129

Fair Use Television Cease and Desist Copyright 129

TorrentFreak

AUGUST 23, 2022

YouTube’s motion to dismiss the amended complaint failed on a number of fronts including those related to copyright infringement claims, correct registration and ownership of copyrighted works, and allegations that YouTube removed Copyright Management Information (CMI) from content uploaded to its platform.

Copyright Infringement 119

Copyright Infringement Copyright Ownership Fair Use 119

SpicyIP

APRIL 15, 2024

Discussing the implications of unauthorized use of materials for training Generative AI models, we are pleased to bring to you this guest post by Goutham Rajeev and Vedant Bharadwaj Singh. Training GenAI: Infringement or Fair Use? Whether the Process of TDM Amounts to Copyright Infringement? Google Inc.

Fair Use 49

Fair Use Copyright Infringement Derivative Work Copyright 49

Technology & Marketing Law Blog

JULY 5, 2022

Soon after, an entity called Bayside asserted copyright ownership of the photos and sent 512(c)(3) takedown notices to Twitter followed by a 512(h) subpoena to unmask CallMeMoneyBags. ” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ).

Fair Use 93

Fair Use Plagiarism Copyright Marketing 93

Technology & Marketing Law Blog

OCTOBER 4, 2022

But if they want to be double-sure, send a takedown notice on any grounds other than copyright infringement and voila! Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. You know how this claim went. 512(f) disappears entirely.

Cease and Desist 84

Cease and Desist Fair Use Copyright Blogging 84

LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1]

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Velocity of Content

MARCH 16, 2023

I have often felt, however, that these issues were a bit of a misdirection, with at least part of the tech community treating the copyright community like dogs distracted by squirrels. I speculated that this was an attempt to avoid a messy fair use dispute. is being used as code.

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Litigation Fair Use Copying Derivative Work 98

TorrentFreak

DECEMBER 10, 2021

In short, Defendants seek to capitalize, unilaterally, on Miramax’s rights to Pulp Fiction,” Miramax wrote , demanding damages for breach of contract, copyright infringement and trademark infringement. Taratino Fires Back. As expected, Tarantino isn’t backing down. movie, of course, was Pulp Fiction,” they write.

Non-Fungible Tokens 118

Non-Fungible Tokens Cinema Contracts Fair Use 118

IP and Legal Filings

NOVEMBER 11, 2022

Voluntary registration for your copyright is available in China. Though your work is automatically protected by copyright the moment it is created, voluntary registration will provide proof of ownership, which can save you time and money in case of a dispute later on. you should strongly consider registering your copyright.

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Copyright Fair Use Registration Ownership 52

CoCal IP Law Institute

NOVEMBER 8, 2023

Please join us on Monday, November 13, 2023 at Noon, where we will discuss the issue of master ownership and the legal copyright conflicts between record labels and artists. Taylor Swift may be the first to make this copyright issue truly public, leaving fans wondering who really owns Swift's music and why.

Copyright Law 52

Copyright Law Copyright Ownership Law 52

Corsearch

FEBRUARY 15, 2024

Identify the type of infringement X/ Twitter prohibits users from violating others’ intellectual property rights, and has policies in place against counterfeit infringement , trademark infringement , copyright infringement and impersonation.

Branding 59

Branding Brands Branding Social Media 59

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

Art 52

Art Artwork Intellectual Property Copyright Law 52

IP and Legal Filings

SEPTEMBER 29, 2021

Initially, the District Court adjudicated that Napster’s file-sharing service did not fall under the ambit of fair use. Direct and contributory infringement. To this, Napster contended that they could not differentiate between infringing and non-infringing files and, hence, did not know what constitutes copyright infringement.

Fair Use 52

Fair Use Music Copying Copyright 52

SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

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 90

Blogging Social Media Television Fair Use 90

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

SpicyIP

NOVEMBER 10, 2023

First , the amendment seeks to create an artificial distinction between Piracy and Copyright Act. Lokesh, points out here, that the Act avoids defining ‘Piracy’, which normally means copyright infringement. Concerningly, there is no requirement within the rules to prove copyright ownership. 239 of this ).

Copying 52

Copying Copyright Copyright Infringement Fair Use 52

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

IP and Legal Filings

JANUARY 22, 2024

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. Digital Rights Management & Fair Use If everything is so well designed, then where is the issue?

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Kluwer Copyright Blog

OCTOBER 17, 2023

In a nutshell, generative AI raises two main copyright issues that branch off into further sub-problems which in turn intercept (if not collide with) some fundamental rights, especially freedom of artistic expression, freedom of art and science and the right to science and culture (Arts. 11 and 13 EUCFR , 19 UDHR , 27.1 UDHR, and 15.1

Copyright 124

Copyright Art Copyright Law Licensing 124

TorrentFreak

MAY 8, 2023

While the prediction concerning key acquisition seems valid, in the unlikely event Nintendo addresses key ownership, licensing agreements would almost certainly tilt in favor of the gaming company. 1201), and infringes copyrights owned by Nintendo.” ” After Several Years, Why Did Nintendo Act Now?

Copying 121

Copying Copyright Licensing Fair Use 121

Traverse Legal Blog

OCTOBER 20, 2022

Intellectual property should be registered with the USPTO or Copyright office to receive maximum protection. Linking your copyrighted work to a NFT and recording ownership on the blockchain shows provenance or immutable ownership. What is a Fair Use Defense to a Copyright Infringement Claim?

Non-Fungible Tokens 40

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

Art Law Journal

JUNE 28, 2018

Buying visual art, such as an oil painting, and we may have joint ownership along with its creator. Steve Schlackman. So what did we really buy?

Art 52

Art Ownership Fair Use Copyright Infringement 52

43(B)log

AUGUST 4, 2021

Cathay Smith: Do you foresee a point in time at which an AI might be able to make a fair use/fair dealing decision in the moment? But fair use/dealing typically involves reproduction of a limited portion, and AI could calculate portion. EFF doesn’t want fair use cases in the system; MPAA does.

Copyright 90

Copyright Trademark Copying Fair Use 90