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

Plagiarism Today

MAY 16, 2022

1: Supreme Court Leaves in Place Circuit Split Regarding Approach for Assessing Substantial Similarity in Copyrighted Works. 2: Judge Says ‘Vape’ Musical Parody May Go On as ‘Grease’ Copyright Claim Flops. 3: ComicMix To Publish Lost Dr Seuss Stories, Out Of Copyright. Have any suggestions for the 3 Count?

Cease and Desist 170

Cease and Desist Music Public Domain Publishing 170

Copyright Lately

JANUARY 13, 2023

had a dream—and a copyright. The answer, my friends, is copyright. Yes, in addition to being a noted clergyman and civil rights leader, Dr. King was a copyright litigant. The New York Times reported on Dr. The New York Times reported on Dr. Martin Luther King’s copyright lawsuit over “I Have a Dream” in 1963.

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Copyright Public Domain Copyright Notice Copying 94

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

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Copyright Art Copyright Law Licensing 124

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

Biswajit Sarkar Copyright Blog

JULY 19, 2022

What is copyright infringement? Unauthorized use of a work protected by copyright is referred to as copyright infringement. Thus, it is the unauthorised use of someone else’s copyrighted work that violates the owner’s rights, such as the right to reproduce, distribute, exhibit, or perform the protected work.

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Copyright Infringement Copyright Public Domain Copying 52

43(B)log

FEBRUARY 22, 2022

Unique expertise on code too; code is different from photos, music, videos; some of the most valuable code on GitHub is licensed openly. Remediation not removal is often the goal—changes to the code rather than removing often resolves the problem, e.g. addressing violation of open source license by adding attribution etc.

Copyright 45

Copyright Fair Use Music Licensing 45

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

Kashishipr

MAY 25, 2021

Copyright and Blogs. Copyright is a legal protection afforded to an original, creative literary, musical, or artistic work. However, the content must reflect an expression of something since ideas are not governed under copyright. Therefore, it is always an option to copyright the entire blog.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

Patently-O

APRIL 6, 2023

by Dennis Crouch The copyright lawsuit between the data-software company SAS Institute and its scrappy copycat World Programming has been interesting to follow over the past several years, and the Federal Circuit has now issued a controversial opinion in the case. WPL , the Federal Circuit squarely addressed the copyrightability question.

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Copyright Copying Copyright Infringement Fair Use 56

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. The DMCA’s main counterbalance to copyright owner overreach was supposed to be 512(f).

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Registration Fair Use Copyright Designs 110

Velocity of Content

JUNE 8, 2022

All copyrights, except one, expire.*. Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about. Confused yet? Just wait.].

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Derivative Work Public Domain Copyright Fair Use 105

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. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

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Fair Use Derivative Work Blogging Licensing 95

SpicyIP

NOVEMBER 10, 2023

A complaint has to be filed by the copyright owner or member of the public. If a complaint is raised by a person who does not hold the copyright or is not authorised by the copyright holder, the Nodal Officer can hold hearings on a case to case basis to decide the genuineness of the complaint before issuing the directions ( here ).

Copying 52

Copying Copyright Copyright Infringement Fair Use 52

JIPEL Copyright Blog

MARCH 9, 2022

Perhaps one of the most salient legal issues is whether there is copyright infringement or a violation of the Visual Artists Rights Act of 1990 (“VARA”) in the virtual modification (e.g., addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive.

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Moral Rights Fair Use Art Social Media 52

Velocity of Content

DECEMBER 6, 2023

This post originally appeared in the Scholarly Kitchen on 11/28/23 Monday, October 30 was the final date for interested parties to submit comments to a comprehensive “ Notice of inquiry and request for comments ” issued by the United States Copyright Office entitled “Artificial Intelligence and Copyright.”

Copyright 98

Copyright Fair Use Licensing Copying 98

JIPEL Copyright Blog

APRIL 13, 2022

On December 22, 2020, Senator Thom Tillis released the first discussion draft of the Digital Copyright Act of 2021 (“DCA” or the “Act”): an amendment to the Digital Millennium Copyright Act (“DMCA”). First, “lowering the specificity with which copyright owners must identify infringing material in certain circumstances.”

Copyright 40

Copyright Public Domain Fair Use Ownership 40

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

Kluwer Copyright Blog

APRIL 25, 2024

Over the same period, however, the government’s messaging around Canada’s AI- copyright policy has been anything but consistent. It is unclear whether the use of copyrighted works for training an AI system is considered copyright infringement if the…owner’s permission is not obtained.…

Copyright 70

Copyright Government Copyright Law Reporting 70

Copyright Lately

APRIL 3, 2023

The future of “controlled digital lending” is in doubt after a court rules that the Internet Archive’s online library is not protected by fair use. But the first sale doctrine only provides an exception to a copyright owner’s distribution right. million additional books protected by valid copyrights.

Fair Use 69

Fair Use Copying Publishing Copyright 69

43(B)log

AUGUST 3, 2023

Michael Carroll (w/ Peter Jaszi), Fair Use After Google and Warhol Codification is a big deal; clarifies that fair use is a distinct doctrine, whereas well into 20th century courts were using it as noninfringement. Courts weren’t using four factors before that. We don’t even get into the market stuff.

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Fair Use Copyright Derivative Work Marketing 52

Copyright Lately

OCTOBER 25, 2021

Here are some of the greatest copyright horror stories, featuring such classics as “Nightmare on Elm Street,” “Halloween,” “Dracula,” “Ghostbusters” and … a creepy McDonalds character? The only thing scarier than a slasher flick is a lawsuit. It’s Halloween time again!

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

43(B)log

FEBRUARY 4, 2023

Akshat Agrawal, Copyright's distortive effects Copyright directs investment to excludable assets. Carys Craig, Copyright & Gender: Philosophy, Proof & Praxis Book chapter: research agenda for feminist copyright. I could think that copyright is relatively neutral in an incredibly sexist society.

Copyright 64

Copyright Editing Settlement Music 64

The IPKat

OCTOBER 12, 2022

unless the title has been used on a series of creative works…; In re Cooper [full citation omitted] ("A book title. and is not associated in the public mind with the publisher, printer or bookseller.")….As One should distinguish this from a situation where the book title is wholly descriptive, e.g., a book entitled "Patent Licensing".

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Law Trademark Public Domain Licensing 126

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. What about fragmented literal similarity based on use of clips from the 2001 Documentary (no clips from the 2003 Documentary were allegedly used)?

Fair Use 52

Fair Use Trademark Copyright Editing 52

43(B)log

JUNE 24, 2022

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? It served us well as a clear rule. So too with idea/expression.

Trademark Law 75

Trademark Law Law Trademark Registration 75

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit seeks a declaratory judgment that Trump owns the copyright in the sound recordings (or in the alternative, in his interview responses on the recordings), and that Trump is entitled to all or the lion’s share of the profits made from the sale of those recordings and transcripts, which the lawsuit (absurdly) values at almost $50 million.

Copyright 118

Copyright Blogging Publishing Fair Use 118