Technology & Marketing Law Blog

JUNE 2, 2022

Can tattoos infringe copyrights, and if yes, what remedies are appropriate? This is a venerable question–I remember evaluating it as a possible law review note topic 30+ years ago. She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. Nature of Use. Background. Nature of the Work.

Copyright 142

Copyright Social Media Fair Use Licensing 142

SpicyIP

DECEMBER 6, 2023

Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 2(c), the fair use exemption thereof under Sec. 2(c)(i), and, thus, copyrightable under sec. 57 of the Act.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

IP and Legal Filings

APRIL 19, 2022

The author or creator of any theatrical, literary, creative, or musical work has an exclusive right to copyright. It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Image Source: gettyimages]. What are takedown services?

Copyright Law 69

Copyright Law Copyright Law Copyright Infringement 69

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

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).

Music 104

Music Fair Use Copyright Reporting 104

Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Very few jurisdictions expressly provide for copyright in computer-generated works.

Copyright 145

Copyright Art Fair Use Registration 145

LexBlog IP

SEPTEMBER 30, 2022

Copyright protection automatically attaches to a work when it is created. 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. Posting copyrighted images or photos on your website or social media.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

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 104

Fair Use Social Media Copyright Copyright Infringement 104

Copyright Lately

DECEMBER 29, 2021

Remembering another frustrating year with a countdown of 2021’s most unsatisfying copyright rulings. Here are my personal picks for the copyright opinions from 2021 that, much like the year itself, leave a little something to be desired. Walt Disney Company. Sinclair Broadcast Group, Inc.

Copyright 114

Copyright Fair Use Social Media Copying 114

Copyright Lately

SEPTEMBER 12, 2022

Exploring Section 113(c) of the Copyright Act, an underutilized defense that could have changed the outcome of a recent infringement case. There’s a provision of the Copyright Act that provides a simple and straightforward defense to an entire category of infringement claims. 17 U.S.C. §

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

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

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. Verizon Media, Inc.,

Copyright 92

Copyright Social Media Copyright Infringement Publishing 92

SpicyIP

OCTOBER 11, 2021

In a new low for Indian media, Aaj Tak (owned by the media conglomerate Living Media) has allegedly taken to using copyright claims to prevent criticism of its reportage by media watchdog Newslaundry. New Social Media Rules, But No Clarity for Copyright Claims.

Copyright 105

Copyright Social Media Copyright Infringement Copyright Notice 105

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

Olartemoure Blog

AUGUST 18, 2023

Understanding Intellectual Property: Intellectual Property Safeguards creative works, forming the bedrock of copyrights, including photographs. Using a photo without permission infringes upon these rights. Commercial use red flags: Using a photo for profit without consent might breach copyright law.

Intellectual Property 52

Intellectual Property Social Media Fair Use Copyright Law 52

Kluwer Copyright Blog

OCTOBER 3, 2023

3:23-cv-03440 ) In a recent post we analysed a class action filed in the US against Open AI for unauthorized use of copyright works for training of generative AI tools such as ChatGPT ( here ) (“Generative AI” or “Gen AI”). District Court for the Northern District of California, No.

Fair Use 136

Fair Use Privacy Copyright Technology 136

TorrentFreak

APRIL 7, 2024

Two billion copyright claims are processed every year through YouTube’s Content ID platform – a staggering figure that underscores the scale of this content management system. Aside from addressing copyright infringements in an automated fashion, the Content ID system brings in billions of dollars in revenue.

Copying 91

Copying Copyright Infringement Fair Use Social Media 91

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.

Fair Use 239

Fair Use Non-Fungible Tokens Copyright Social Media 239

IP and Legal Filings

JULY 31, 2021

and Greenpeace Australia Pacific regarding the dispute between alleged trademark and copyright infringement by Greenpeace. Aggrieved by this, AGL took Greenpeace to the Federal Court alleging Trademark and Copyright violation. Defense of Fair dealing. In a recent ruling by Australian Court in the case between AGL Energy Ltd.

Social Media 98

Social Media Fair Use Copyright Copyright Law 98

Copyright Lately

OCTOBER 24, 2022

.” I was barely out of law school when a senior partner muttered those words as he handed me a scathing demand letter sent to one of the firm’s commercial director clients. This was the late ’90s, and the entertainment industry was still reeling from a well-publicized copyright infringement lawsuit involving the movie 12 Monkeys.

Artwork 87

Artwork Copyright Infringement Copyright Art 87

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).

Music 52

Music Fair Use Copyright Reporting 52

Plagiarism Today

DECEMBER 14, 2021

Last week, it was YouTuber Mark Fitzpatrick, better known as Totally Not Mark, who faced some 150 copyright claims on his channel from Toei Animation. A major “get” for YouTube, Ahgren was lured away from Twitch by YouTube only to have one of his first streams shuttered over an alleged copyright issue.

Plagiarism 260

Plagiarism Social Media Copyright Fair Use 260

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. INTRODUCTION.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

TorrentFreak

MAY 16, 2022

After researching thousands of DMCA notices and reporting on hundreds of copyright lawsuits, more often than not it takes just a few seconds or minutes to broadly establish the purpose of any action. Is this really all about copyright or is copyright just a convenient mechanism to achieve something else?

Fair Use 121

Fair Use Copyright Litigation Music 121

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. Essentially, FlowGPT would have fed the copied songs into the system, and that could mean copyright infringement.

Music 73

Music Social Media Copying Derivative Work 73

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

The IPKat

JULY 9, 2023

This is a review of “ Copyright in the street. 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.

Art 57

Art Copyright Moral Rights Cease and Desist 57

IP Tech Blog

AUGUST 15, 2022

Last month, in an important ruling for Internet service providers, and anonymous users alike, a new defense is taking shape to subpoenas issued pursuant to the “unmasking” provisions of the Digital Millennium Copyright Act (“DMCA”). copyright infringement by MoneyBags). If the use is fair, it is not infringement.

Fair Use 62

Fair Use Copyright Infringement Copyright Marketing 62

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

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]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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

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 95

Fair Use Copying Television Social Media 95

Technology & Marketing Law Blog

AUGUST 1, 2023

Instead, Hunley and Brauer filed a class-action lawsuit against Instagram, alleging that Instagram was vicariously liable for, or was liable for encouraging or contributing to, the alleged direct infringement by others, by providing an “embedding” tool that easily could be used to facilitate public display of their photos.

Blogging 95

Blogging Copying Social Media Copyright 95

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? This arguably makes the use of copyrighted works by by Stable Diffusion even more transformative than Google Book Search. Stability AI Ltd.

Derivative Work 108

Derivative Work Art Copying Fair Use 108

SpicyIP

DECEMBER 20, 2023

With further ado, here’s what I found in Novembers: Database Protection in India: Since Prof Basheer’s 2005 post about the inaccurate implication of the theft of data as copyright infringement, to 2023, not much seems to have changed. The issue has often arisen in the context of protecting confidential information through copyright law.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

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. Full credits go to the copyright owner. No copyright infringement intended.” billion views.

Fair Use 94

Fair Use Copyright Copying Copyright Infringement 94

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. 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