The IP Law Blog

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Further, only a modicum, or small amount, of creativity is required for copyright protection to attach. That is not the case.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

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 105

Fair Use Social Media Copyright Copyright Infringement 105

Technology & Marketing Law Blog

JUNE 2, 2022

Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. Nature of Use. This factor weighs against fair use.

Copyright 142

Copyright Social Media Fair Use Licensing 142

IP and Legal Filings

APRIL 19, 2022

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957.

Copyright Law 73

Copyright Law Copyright Law Copyright Infringement 73

The IP Law Blog

JULY 22, 2021

There seems to be a belief that police service, when paired with a musical interlude, will prevent a recording of the interaction from being posted on social media due to algorithms that detect and remove videos incorporating copyrighted music (among other types of content). Why is this happening?

Music 104

Music Fair Use Copyright Reporting 104

Olartemoure Blog

AUGUST 18, 2023

Using a photo without permission infringes upon these rights. Commercial use red flags: Using a photo for profit without consent might breach copyright law. Social media challenges: In the fast-paced realm of the internet, constant sharing complicates copyright management.

Intellectual Property 52

Intellectual Property Social Media Fair Use Copyright Law 52

LexBlog IP

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Further, only a modicum, or small amount, of creativity is required for copyright protection to attach. That is not the case.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

IP and Legal Filings

JULY 31, 2021

Even more so, Greenpeace’s website also uses the tagline “Australia’s Greatest Liability” in its website, social media posts, posters, banners, and other paraphernalia using the AGL’s logo and even an altered version of its logo. Fair Dealing. Defense of Fair dealing. Image Source: gettyimages].

Social Media 98

Social Media Fair Use Copyright Copyright Law 98

The IPKat

APRIL 3, 2023

The IPKat has received and is pleased to host a guest contribution by Desmond Oriakhogba on the new Copyright Act 2022 signed into law by Nigeria's President. The reform process is now complete with the recent assent to the Bill, as the Copyright Act 2022, by the Nigerian President.

Copyright 127

Copyright Intellectual Property Fair Use Copyright Law 127

TorrentFreak

APRIL 7, 2024

Under the automated system, copyrighted content is fingerprinted and added in advance, so pirated copies can be flagged when they’re uploaded. Errors and Nuance Upload filters are not perfect and generally lack ability to factor-in the nuances of copyright law, such as fair use.

Copying 92

Copying Copyright Infringement Fair Use Social Media 92

Plagiarism Today

SEPTEMBER 28, 2021

I understand a lot of you may be upset that I saw a photo on social media and loved it enough to imitate it in a very different style. In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.” 3: The Andy Warhol Ruling. Bottom Line.

Fair Use 232

Fair Use Non-Fungible Tokens Copyright Social Media 232

Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir.

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Fair Use Privacy Copyright Technology 136

The IP Law Blog

NOVEMBER 5, 2021

In this episode of the Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo provide an update on a copyright lawsuit against model Emily Ratajkowski, for sharing images taken of her by paparazzi on her social media accounts. Watch this episode on the Weintraub YouTube Channel, here.

Social Media 98

Social Media Copyright Blogging IP 98

Copyright Lately

DECEMBER 29, 2021

Instead of directly deciding whether the Java API declaring code copied by Google to create its Android smartphone platform was even subject to copyright protection in the first place, the court shoehorned the copyrightability question into a fair use analysis. Wilmott Storage Services. Am I totally off base?

Copyright 115

Copyright Fair Use Social Media Copying 115

SpicyIP

OCTOBER 11, 2021

New Social Media Rules, But No Clarity for Copyright Claims. To an extent, the misuse of notice and takedown procedures is a function of the strange evolution of copyright takedowns and intermediary liability issues in India (which we have covered extensively here).

Copyright 105

Copyright Social Media Copyright Infringement Copyright Notice 105

Plagiarism Today

DECEMBER 14, 2021

As we discussed back in September, the bots of YouTube have largely supplanted copyright law on the site. Rules around fair use, notice and takedown and so forth are replaced by bots that are incapable of understanding the nuances of the law itself. This has put YouTubers in a bind.

Plagiarism 254

Plagiarism Social Media Copyright Fair Use 254

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. The local news could then take photos of the shirt to use in a story about what a lousy dad I am. You get the idea. Paging Section 113(c).

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

Technology & Marketing Law Blog

JANUARY 3, 2023

31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense.

Copyright 92

Copyright Social Media Copyright Infringement Publishing 92

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. Will our copyright laws be ready to keep up and protect the humans that made music in the first place?

Music 73

Music Social Media Copying Derivative Work 73

LexBlog IP

JULY 22, 2021

There seems to be a belief that police service, when paired with a musical interlude, will prevent a recording of the interaction from being posted on social media due to algorithms that detect and remove videos incorporating copyrighted music (among other types of content). Why is this happening?

Music 52

Music Fair Use Copyright Reporting 52

Copyright Lately

MAY 17, 2021

Parody is tricky, both as an art form and as a matter of copyright law. 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. Did SNL go too far?

Fair Use 96

Fair Use Copying Television Social Media 96

TorrentFreak

MAY 16, 2022

Neither does the group chase down people who share its music in a friendly way on social media or file-sharing networks. However, if critics (so-called ‘apostates’) use Watch Tower copyrighted content to challenge its authority or practices, bad things can follow. Copyright battles can be one-sided affairs.

Fair Use 122

Fair Use Copyright Litigation Music 122

Kluwer Copyright Blog

FEBRUARY 2, 2023

We will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.” Registration was refused in August 2019, in line with previous US case law and guidance. We were not aware that the image may have been created by AI” 2.

Copyright 145

Copyright Art Fair Use Registration 145

Copyright Lately

AUGUST 2, 2022

While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. The Musical Parody ,” “The Unofficial Bridgerton Musical” isn’t the type of parody musical that courts have often found to be fair use under the Copyright Act.

Music 105

Music Derivative Work Fair Use Cease and Desist 105

IP Tech Blog

AUGUST 15, 2022

On the first inquiry, the court determined that Bayside did not establish a clear case of copyright infringement because MoneyBag’s use of the photos constitutes fair use. If the use is fair, it is not infringement. The tweets were not for commercial gain, which weighs in favor of fair use.

Fair Use 62

Fair Use Copyright Infringement Copyright Marketing 62

SpicyIP

MARCH 10, 2023

It is capable of writing articles, translating, summarizing and answering follow-up questions and can also create content that can be protected under copyright law. When used in a manner that is commercial or public, the Output might not even qualify as fair use, unless it is sufficiently transformative.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

IPilogue

OCTOBER 28, 2021

Copyright Creeping into Costumes. In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

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. The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use. 3d at 1160.

Blogging 95

Blogging Copying Social Media Copyright 95

Copyright Lately

MAY 1, 2023

First of all, in terms of copyright, to reiterate our very clearly articulated position. sophisticated generative AI that’s enabled by large language models, which trains on our intellectual property, violates copyright law in several ways. copyright law really doesn’t seem to give UMG a ton of options.

Music 87

Music Copyright Copying Copyright Law 87

Copyright Lately

OCTOBER 24, 2022

Fair use and de minimis defenses are often unreliable, and even if you have a solid case, defending copyright infringement lawsuits is an expensive proposition. In 1997, the Second Circuit reversed the district court’s finding that BET made fair use of Faith Ringgold’s “Church Picnic Story” quilt.

Artwork 88

Artwork Copyright Infringement Copyright Art 88

IP and Legal Filings

JANUARY 13, 2023

In this sense, a coherent theory of the use of de minimis will go a long way in efficient disposal of such cases. DE MINIMIS IN COPYRIGHT LAW. De minimis in copyright can be used for different reasons such as for fair use analysis, substantial similarity analysis [7] , among its other such uses.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

SpicyIP

DECEMBER 20, 2023

Spadika Jayaraj discussed a case where the Delhi High Court dismissed a suit by a media house accusing copyright infringement on its database of users. The issue has often arisen in the context of protecting confidential information through copyright law. Feels like history is repeating itself.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Copyright Lately

JANUARY 23, 2023

Let’s Talk About Derivative Works Subject to fair use and other defenses, a copyright owner has the exclusive right to prepare derivative works based upon the copyrighted work. You might assume that the concept of a “derivative work” under copyright law would be simple to define. You’d be wrong.

Derivative Work 108

Derivative Work Art Copying Fair Use 108

IP Tech Blog

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

The IPKat

JULY 9, 2023

As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This book should not be perceived as a classic manual on the application of copyright to these art forms. Another aspect explored is that street art and graffiti have social norms.

Art 57

Art Copyright Moral Rights Cease and Desist 57

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. 29, 2013), [link]. [ii] 277 (2020). [iv]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

TorrentFreak

OCTOBER 1, 2023

In our brave new world where millions of ordinary people are copyright holders of snaps they publish to social media or videos they upload to YouTube, awareness of copyright law is at an all-time high. The Klein’s emerged victorious from a lawsuit in 2017 after mounting a successful fair use defense.

Fair Use 95

Fair Use Copyright Copying Copyright Infringement 95