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

IPilogue

OCTOBER 1, 2022

Typically, tattoo aftercare instructions include strictly hygienic recommendations, but tattoo artist Kat Von D might have a unique suggestion: prepare to be an exhibit in a copyright infringement lawsuit. for copyright infringement under the Copyright Act of 1976. Sedlik (“Sedlik”) filed a complaint in the U.

Copyright Infringement 130

Copyright Infringement Fair Use Art Copyright 130

SpicyIP

FEBRUARY 17, 2023

In the context of certain questions that arose in the proceedings, Tanvi then brings up an interesting hypothetical i.e. what if the defendants had challenged the ownership of the copyright early on, instead of the attempt to amendment later on. She is intrigued by the field of Intellectual Property Law and wishes to explore the same.

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

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. We know that he doesn’t have any copyright in the photos just because he appears in them (that would be an Innocence of Muslims redux ).

Copyright 124

Copyright Fair Use Licensing Ownership 124

LexBlog IP

APRIL 18, 2022

Supreme Court recently granted a petition for writ of certiorari (docket, here ) to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. When Prince died in 2016, Vanity Fair’s parent company sought permission from the Andy Warhol Foundation for the Visual Arts, Inc.

Fair Use 40

Fair Use Copyright Art Copyright Law 40

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. 17 of the Copyright Act, 1957 (the Act). But under Sec.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). 11 and 13 EUCFR , 19 UDHR , 27.1 UDHR, and 15.1

Copyright 124

Copyright Art Copyright Law Licensing 124

IP and Legal Filings

NOVEMBER 11, 2022

Copyright is a form of intellectual property that protects a creator’s exclusive right to control who reproduces or alters the product of their original creative effort. Copyright protects the producers of any original work, and is relevant to almost all businesses, not just those in the creative industry. Introduction.

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Copyright Fair Use Registration Ownership 52

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. Lynn Goldsmith, et al. , 1258 (2023) weighed in favor of Netflix.

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

TorrentFreak

MAY 26, 2023

Similar to any other online platform that deals with user-generated content, Instagram processes copyright complaints on a daily basis. Applause Entertainment wasn’t happy with this pirate activity so it approached several platforms to take down infringing clips and snippets of the show.

Social Media 121

Social Media Copyright Infringement Ownership Fair Use 121

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

Copyright Lately

SEPTEMBER 26, 2022

In a first-of-its-kind copyright trial, a jury will decide whether tattoo artist Catherine Alexander can effectively control the use of Randy Orton’s likeness in video games. It’s the first ever copyright lawsuit involving the unauthorized reproduction of tattoos in creative content to reach trial. Skull arm design.

Fair Use 85

Fair Use Licensing Ownership Copying 85

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

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

Wilder alleged that Hoiland had used course materials created by Wilder for a faculty development program, Numeracy Infusion Course for Higher Education (NICHE), in five slides of a presentation Hoiland gave at the Community College Conference on Learning Assessment (CCCLA). And, the use had limited to no effect on the market.

Fair Use 40

Fair Use Higher Education Copyright Infringement Marketing 40

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 96

Fair Use Cease and Desist Copying Copyright Infringement 96

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 118

Copyright Infringement Copyright Ownership Fair Use 118

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 130

Fair Use Television Cease and Desist Copyright 130

Technology & Marketing Law Blog

OCTOBER 4, 2022

One weird piece: the court implies that a copyright owner can enforce violations of access control limits deployed by third parties, i.e., RIAA could sue Yout for Yout’s violation of YouTube’s access control technology. It sought a declaratory judgment that it did not violate 17 USC 1201(a)(1) or 1202. 512(f) disappears entirely.

Cease and Desist 85

Cease and Desist Fair Use Copyright Blogging 85

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 94

Fair Use Plagiarism Copyright Marketing 94

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

Velocity of Content

MARCH 16, 2023

As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents). I speculated that this was an attempt to avoid a messy fair use dispute.

Litigation 98

Litigation Fair Use Copying Derivative Work 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. Lynn Goldsmith, et al. ,

Fair Use 52

Fair Use Cease and Desist Social Media Art 52

43(B)log

AUGUST 4, 2021

Panel 2 – Copyright Enforcement: Faye Fangfei Wang, Resolving Copyright-related Cases Over the Internet with the Assistance of Artificial Intelligence in Europe Automated notice and takedown/Content ID with appeal mechanism as an example of how the new European rules are supposed to work. A: not ready yet. Disrupted by CASE Act.

Copyright 90

Copyright Trademark Copying 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. First, as far as copyright cases go, this one’s easy.

Music 104

Music Derivative Work Fair Use Cease and Desist 104

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

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. From: TF , for the latest news on copyright battles, piracy and more. Taratino Fires Back.

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Non-Fungible Tokens Cinema Contracts Fair Use 117

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.

Non-Fungible Tokens 116

Non-Fungible Tokens Ownership False Advertising Fair Use 116

SpicyIP

APRIL 15, 2024

Training GenAI: Infringement or Fair Use? This method involves the feeding of a large amount of data, including copyrighted works. As the worlds of GenAI and copyright collide, the issue before us is whether the use of copyrighted works through TDM for the training of GenAI amounts to copyright infringement?

Fair Use 49

Fair Use Copyright Infringement Derivative Work Copyright 49

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 spends more time on its likelihood of confusion analysis.

Blogging 91

Blogging Social Media Television Fair Use 91

SpicyIP

NOVEMBER 10, 2023

Therefore, takedown orders cannot be directed against infringing copy of content hosted on OTT platforms. A complaint has to be filed by the copyright owner or member of the public. Third , this institutional mechanism of Nodal officers will be in addition to the remedies available under Copyright Act and IPC ( here ).

Copying 52

Copying Copyright Copyright Infringement Fair Use 52

IP and Legal Filings

SEPTEMBER 29, 2021

The Court held that the defendant (Napster) was held liable for contributory infringement and vicarious infringement of the plaintiff’s copyrights. The Napster case gained immense popularity since it explored the intersection of copyright laws and peer-to-peer file sharing systems. Direct and contributory infringement.

Fair Use 52

Fair Use Music Copying Copyright 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. 512(f) is a cause of action for abusive takedown notices.

Registration 111

Registration Fair Use Copyright Designs 111

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

TorrentFreak

MAY 8, 2023

Jumping through these hoops to play a genuine cartridge on a genuine console not only felt ridiculous but probably amounted to a breach of license/copyright. “Trafficking in circumvention software, such as Lockpick, violates the Digital Millennium Copyright Act of the United States (specifically, 17 U.S.C.

Copying 120

Copying Copyright Licensing Fair Use 120

Copyright Lately

MAY 1, 2023

If you’ve been glued to news coverage of the Ed Sheeran trial for the past two weeks, you may have missed an even bigger story from the world of music copyright. From a copyright perspective, these particular tracks are clearly derivative of both the original sound recordings and the underlying musical compositions.

Music 87

Music Copyright Copying Copyright Law 87

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright 138

Copyright Fair Use Copyright Law Law 138