LexBlog IP

MAY 3, 2022

The school district removed both posts and told Bell it was a “teachable moment” After settlement negotiations broke down, Bell sued for copyright infringement. The school district invoked the fair use defense and moved to dismiss the claim for failure to state a claim.

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Copyright Lately

OCTOBER 24, 2022

The letter claimed that the director, an ad agency, and a popular theme park had all committed copyright infringement because a panda appeared in the background of their TV commercial. This prompted a quick settlement which allowed the chair to remain in the picture. The parties ultimately settled the case before trial.

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JD Supra Law

JUNE 17, 2022

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright infringement dispute between a paparazzo and Emily Ratajkowski, and discuss the settlement’s implications for Fair Use. By: Weintraub Tobin

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TorrentFreak

OCTOBER 23, 2021

That included a number of YouTube channels including the H3 Podcast, which is currently fighting back citing fair use , a defense that Triller says isn’t available. Fair Use, Innocent Infringement, Unclean Hands. The answer from De La Santos cites the doctrine of fair use as an affirmative defense.

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LexBlog IP

NOVEMBER 28, 2023

But wait, shouldn’t the Fair Use Doctrine imputed under the First Amendment apply to an obviously parodied creative work? Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here? Yes and no. All meme-like images in this article are properly licensed. What about meme generators?

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Technology & Marketing Law Blog

NOVEMBER 22, 2022

Three cases have filed a “notice of settlement,” though some of the other dismissals may reflect undisclosed settlements. The difference between liability risk levels of $30,000 (the CASE Act maximum) and $150,000 (the maximum trial award for statutory damages for one act of infringement) was functionally nil, with 2.2%

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Nelligan Law

FEBRUARY 20, 2024

Yet, with this newfound mainstream acclaim and popularity comes a slew of legal and ethical quandaries, as the demarcation between inspiration and infringement grows increasingly hazy. In the realm of tattoo artistry, the tango between creativity and copyright law is a delicate affair, riddled with complexities and nuances.

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TorrentFreak

APRIL 5, 2023

Take-Two Files Copyright Lawsuit In September 2021, Take-Two filed a lawsuit against the programmers, claiming that the aim of the projects was to create and distribute pirated versions of GTA 3 and Vice City. For good measure, Take-Two also demanded damages for alleged misrepresentations in the defendants’ DMCA counternotices.

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Plagiarism Today

OCTOBER 25, 2021

A similar work to that piece was used on the Nirvana Vestibule shirt, also based on Dante’s Inferno. That prompted the lawsuit for copyright infringement. However, a judge has dismissed the lawsuit, arguing that one of the key issues in the case is whether Bundy holds the copyright in question.

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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. Minc Law (Sept.

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Copyright Lately

AUGUST 22, 2021

Recent decisions suggest courts are losing patience with those who bring dubious copyright infringement claims as part of their business models. Back in May, I wrote about an overzealous copyright infringement lawsuit filed by Rachel Dolezal , the woman best known for mispresenting her racial background.

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TorrentFreak

FEBRUARY 1, 2024

After the H3 Podcast aired a short clip of the event on YouTube, featuring a fight that lasted just 119 seconds, Triller filed a copyright infringement lawsuit against creators Ethan and Hila Klein. Ben Askren PPV boxing event will turn three years old and still be remembered for all that went wrong. Last week, Ted Entertainment, Inc.

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The IPKat

MARCH 7, 2024

The Case of Upcycling”, Irene Calboli and Siroos Tanner address the IP dimension of upcycling and explore ways to prevent this environmentally friendly practice from being hindered by claims of potential trademark and copyright infringement. The analysis concludes with a review of recent US cases.

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BYU Copyright Blog

SEPTEMBER 6, 2021

However, Lehren claims that it would characterize the copied text “as limited and immaterial[,]” and asserts that the, "copying falls within the Fair Use exception to infringement."Lehren Lehren asserts multiple affirmative defenses to Ivy's claims, including copyright misuse and unclean hands.

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Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. As a result, we’ve seen very, very few successful 512(f) enforcements.

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TorrentFreak

MAY 16, 2022

McFree filed a motion to quash, arguing that any use of Watch Tower material was protected under the doctrine of fair use. After three years of legal dispute in that matter, in 2021 Watch Tower filed a parallel copyright infringement lawsuit against McFree for the same alleged infringements.

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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. This has important implications for the doctrine of fair use.

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Plagiarism Today

MARCH 3, 2022

1: Dua Lipa Sued for Alleged Copyright Infringement Over Hit Single Levitating. First off today, Murray Stassen at Music Business Worldwide reports that musician Dua Lipa has been hit with a copyright infringement lawsuit that claims her 2020 hit Levitating is an infringement of an earlier song.

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Nelligan Law

MARCH 25, 2024

Reading Time: 2 minutes In a courtroom drama that could rival a Warholian masterpiece, the Andy Warhol Foundation and photographer Lynn Goldsmith have finally put their legal paintbrushes down, reaching a colorful settlement that’s sure to leave both sides seeing the world through a different lens. GOLDSMITH ET AL.,

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Plagiarism Today

AUGUST 18, 2021

First off today, Joseph Menn at Reuters reports that, despite a recent settlement, Apple has appealed a lower court decision in its ongoing lawsuit against the security firm Corellium. Apple sued the company, alleging that it violated both their copyright and their rights under the Digital Millennium Copyright Act.

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Technology & Marketing Law Blog

MARCH 29, 2023

At an initial conference on January 23, 2023, the parties reached a settlement and asked to dismiss the claim. Oppenheimer’s attorney emailed me suggesting that we agree to present the claim to the copyright claims board in lieu of trial. Fair Use: From my perspective, the fair use analysis is what I’ve been waiting for.

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Copyright Lately

DECEMBER 12, 2022

“Clean,” “Pretty” and Fair. In 1994, allegations of copyright infringement, not obscenity, landed 2 Live Crew at the steps of the U.S. ” The Court held that 2 Live Crew’s version qualified as a non-infringing fair use because it was a parody that sufficiently transformed the Orbison original.

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Copyright Lately

OCTOBER 23, 2023

Trump is actively litigating a copyright infringement lawsuit over the Eddy Grant song “Electric Avenue” while trying to keep relevant deposition testimony in the case permanently under seal. Trump, have either you or any of your 15· ·entities been plaintiffs in copyright infringement 16· ·actions?

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The IPKat

DECEMBER 9, 2022

Truth be told, the answer is simple – use of a copyright work requires its rightholder’s permission, unless an exception is applicable. Politicians keep using the “fair use” defence, arguing that the political use of the works serves a noncommercial purpose or falls within the parody exception.

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