TorrentFreak

MARCH 18, 2024

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. Last year, a New York Federal court concluded that the library is indeed liable for copyright infringement.

Publishing 109

Publishing Fair Use Copying Music 109

IP and Legal Filings

JANUARY 13, 2023

Copyright infringement and De Minimis are often replaced to complement each other. However, de minimis is sometimes used as a defence in a copyright lawsuit. More often than not, the lawsuits filed for copyright infringement are cases of de minimis and thereto, get dismissed on the anvil of frivolity.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

TorrentFreak

MARCH 19, 2024

Instead of focusing on alleged hacking practices, the company led with Jack Valenti’s ‘Boston Strangler’ analogy, part of an all-out effort by television and movie producers to stop a groundbreaking new technology. Microsoft asked the court to dismiss several key claims, including contributory copyright infringement.

Copyright Infringement 90

Copyright Infringement Television Copying Copyright 90

TorrentFreak

NOVEMBER 18, 2022

Japan does not recognize fair use and even if it did, experts predicted that ‘Fast Movies’ would still cross red lines. “This is a ruling that fully upholds our allegations, and we believe that it should be a great deterrent against copyright infringement in the future,” a joint CODA and JVA statement reads.

Editing 137

Editing Television Copyright Infringement Advertising 137

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

However, copyright infringement occurs when such copyrighted music is streamed without acquiring proper license from the copyright owners. Hence, licensed broadcasting of copyrighted music does not give rise to copyright infringement. In the case of Super Cassettes Industries Pvt.

Music 52

Music Moral Rights Copyright Infringement Television 52

Technology & Marketing Law Blog

AUGUST 8, 2021

The video depicted its award as the well-known Emmy statuette with a coronavirus replacing the atom in the holder’s hands: The Television Academies, who own the IP rights to the statuette, targeted the video with a DMCA notice to YouTube, which YouTube honored. Copyright Infringement/Fair Use.

Fair Use 129

Fair Use Television Cease and Desist Copyright 129

Technology & Marketing Law Blog

OCTOBER 6, 2022

Last week, an Illinois jury awarded tattoo artist Catherine Alexander $3,750 in damages at the conclusion of a copyright infringement trial. 2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. Eric’s Prior Tattoo Copyright Blog Posts.

Blogging 132

Blogging Fair Use Copyright Infringement Copyright 132

TorrentFreak

OCTOBER 28, 2021

They urged the Copyright Office not to grant the exemption as it would open the door to widespread piracy. The groups fear that jailbreaking will result in widespread copyright infringement, as it allows the public to install piracy tools on these video devices as well.

Copyright 143

Copyright Television Fair Use Privacy 143

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? Case Law: Instances Where Fair Use Was Not Upheld Andy Warhol Foundation for the Visual Arts, Inc.

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

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

JIPL Online

APRIL 9, 2021

Memes utilize pop culture content, such as movies, television shows, and other various forms of media, often in a parodic way. Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] By: Taylor Bussey. INTRODUCTION.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IPilogue

DECEMBER 20, 2021

What may seem like a harmless activity in the spirit of fandom can at times give rise to copyright infringement. . Cosplay (or “costume play”) is the act of dressing up as a character, often from anime, video games, comics, television, or film. Luckily for most cosplayers, their costumes likely do not infringe copyright laws.

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Copyright Television Copyright Infringement Derivative Work 122

TorrentFreak

MAY 24, 2022

Terms such as DMCA, copyright strike and fair use are now regular features in YouTube content creator communities but that hasn’t necessarily led to fewer infringements or happier rightsholders.

Editing 139

Editing Copyright Television Copyright Law 139

IPilogue

APRIL 12, 2022

While useful, they raise concerns of potential copyright infringement. The Chinese National Radio and Television Administration introduced a regulation in 2018 to prevent illegal capture, cut, stitching, and adapting audio-visual programs. These movie recap videos have become extremely popular in China.

Intellectual Property Law 119

Intellectual Property Law Television Copyright Infringement Fair Use 119

Dear Rich IP Blog

FEBRUARY 25, 2021

Is it fair use to use the entire unclipped episode, if, throughout my recording, I am making commentary on the episode I am watching? Your project may qualify as fair use. A judge, when determining fair use, must consider four factors the purpose and character of your use. The factors?

Fair Use 52

Fair Use Copying Television Copyright Infringement 52

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.

Music 98

Music Licensing Television Copyright Infringement 98

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 96

Fair Use Copying Television Social Media 96

Technology & Marketing Law Blog

AUGUST 12, 2021

Sinclair owns a bunch of television stations. Under the Copyright Act, display. 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.”. Breitbart News.

Social Media 140

Social Media Copyright Fair Use Licensing 140

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 begins with findings of fact, lavishing attention on the show’s plot and popularity.

Blogging 90

Blogging Social Media Television Fair Use 90

IP and Legal Filings

JANUARY 8, 2023

When someone violates a creator’s exclusive rights to a piece of work, they are engaging in copyright infringement. Music as well as the movie industry are two common industries that face copyright issues on a day to day basis. emphasized the fair use and dealing of copyrighted matters under section 52(1)(a) of the Act.

Copyright 75

Copyright Copyright Infringement Music Copying 75

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.

Fair Use 94

Fair Use Derivative Work Blogging Licensing 94

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 110

SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression?

Fair Use 116

Fair Use Copyright Reporting Licensing 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 105

Music Derivative Work Fair Use Cease and Desist 105

LexBlog IP

FEBRUARY 11, 2024

You see, when I was growing up, computers took up entire rooms and content was published on paper – books, newspapers, magazines, and yes, sometimes even broadcast on television or radio. It was always perfectly clear to me what someone else authored and owned. Copying was tedious. Copying took effort. That was then, this is now.

Copyright 52

Copyright Due Diligence Content Creation Copyright Law 52

IIPRD

AUGUST 11, 2023

There is no question of fair use as although it is not commercially beneficial but it is neither limited to private use. However, the US Court has held Napster [2] , which was a file-sharing platform as well, guilty of infringing copyrighted materials and was denied the defence of fair use.

Art 52

Art IP Intellectual Property Copyright 52

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

IP and Legal Filings

FEBRUARY 17, 2022

The fact that the media experience (whether in a book, film, video, game, or interactive television) depends on both the creator, whose rights are protected by copyright law, and the viewer, who brings their own personal vision to the character, has become increasingly important in the context of interactive technology and user-generated content.

Fair Use 65

Fair Use Copyright Television Copying 65

43(B)log

JUNE 26, 2023

A&E Television Networks, LLC v. 16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. I think the court expects nominative fair use to take care of this, and that’s plenty defensible.) What about nominative fair use?

Social Media 59

Social Media Copying Fair Use Advertising 59

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

Blogging 77

Blogging Copyright Contracts Cease and Desist 77

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. What Happened. Oracle , should have been decided by the trial judge. Skull arm design.

Fair Use 80

Fair Use Designs Design Licensing 80

TorrentFreak

APRIL 12, 2024

The latter simply cannot exist without the former; the big legal debate seems to hang on whether consumption was protected under the doctrine of fair use, or was straightforward copyright infringement. If the court finds in favor of fair use, it seems likely that no copyright holders will receive compensation.

Copyright 88

Copyright Music Fair Use Reporting 88

43(B)log

SEPTEMBER 7, 2023

Each publisher defendant separately determined which content it accessed on Presto to use for its websites and in its publications; their webpages that included the screenshot of the Sowers photo would have displayed ads. Campbell sued for copyright infringement, contributory/vicarious copyright infringement, and CMI removal.

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

Technology & Marketing Law Blog

AUGUST 1, 2023

Copyright Act grants authors five exclusive rights: “to reproduce the copyrighted work in copies or phonorecords”, “to prepare derivative works based on the copyrighted work,” “to distribute copies or phonorecords of the copyrighted work to the public,” “to perform the copy­righted work publicly,” and “to display the copyrighted work publicly.”

Blogging 95

Blogging Copying Social Media Copyright 95

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Damon Dash. Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

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., Universal City Studios LLC and Ors v. DotMovies.Baby and Ors. Warner Bros. Entertainment Inc., HULM Entertainment v.

IP 124

IP Copyright Trademark Intellectual Property 124

Copyright Lately

DECEMBER 12, 2022

(If you thought the Bret Kavanaugh hearings were riveting, picture a C-SPAN camera trained on a 19-inch tube TV as a room full of geriatric senators are forced to sit through “Hot For Teacher” and “We’re Not Gonna Take It” on live television.). “Clean,” “Pretty” and Fair.

Copyright 105

Copyright Music Fair Use Social Media 105