LexBlog IP

NOVEMBER 1, 2023

Businesses looking to capitalize on amusing or interesting videos in social media channels should beware of potential copyright infringement liability and bear in mind that a fair use defense may not be available. Frank Kent moved to dismiss the action, but the U.S. Read more

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LexBlog IP

OCTOBER 10, 2023

So if graffiti can be protected, does one need permission from the artist to photograph the work and then “publish” it to a social media platform? What if the social media account is used to promote the account owner’s own goods or services, or a third party’s brand? VARA is part of U.S.

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Copyright Lately

MAY 22, 2023

Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. Andy Warhol Foundation v.

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TorrentFreak

DECEMBER 9, 2021

The 634K-subscriber YouTube channel ‘Totally Not Mark’ is in peril this morning after what can be described as a copyright takedown blitz by Japan-based animation company Toei. ” Earlier this week Mark received an email saying that 15 of his videos had been copyright claimed by Toei.

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Copyright Lately

JANUARY 23, 2024

A federal jury is set to decide whether celebrity tattoo artist Kat Von D infringed photographer Jeff Sedlik’s copyright in a Miles Davis portrait by tattooing the image onto her client’s body. A first-of-its-kind copyright infringement trial is scheduled to begin today in Los Angeles. The Good, the Bad and the.

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Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

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IP Intelligence

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § 107(1) asks whether the contested use “is of a commercial nature.” 107 is common practice. Indeed, part of 17 U.S.C. § Acuff-Rose Music, Inc.

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LexBlog IP

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § § 107(1) asks whether the contested use “is of a commercial nature.” § 107 is common practice. Indeed, part of 17 U.S.C. §

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JD Supra Law

JUNE 6, 2023

Supreme Court found that the purpose and character of the use of “Orange Prince” by the Andy Warhol Foundation for the Visual Arts (AWF) weighed against a finding of fair use of Lynn Goldsmith’s photograph of the artist known as Prince. By: Pillsbury - Internet & Social Media Law Blog

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IP and Legal Filings

FEBRUARY 15, 2023

The availability of a large variety of information has also increased the risk of Copyright Infringement due to its easy accessibility and dissemination. This has led to varying degrees of copyright infringements in this digital era.

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The IP Law Blog

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.

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JD Supra Law

JULY 25, 2023

Every second of every day, social media and internet users repost or link to copyrighted content from other websites, or other posts. It may seem strange to even think about whether such use might be found to be other than fair. So a pair of photographers decided to sue. By: Miller Nash LLP

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Art Law Journal

JULY 31, 2020

Knowing more about copyright and fair use will help you determine what is yours to use and what is off limits. Nicole Martinez.

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43(B)log

MARCH 1, 2022

He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees. Anyway, Bell goes around suing unauthorized users of the passage, mostly public schools or nonprofits that publish the passage on social media. I hope it modifies the training program to talk about fair use!]

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IP Watchdog

DECEMBER 10, 2021

This week in Other Barks & Bites: a recent GAO report makes several recommendations designed to improve the Department of Defense’s lack of expertise in IP valuation and licensing; The U.S.

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The Illusion of More

DECEMBER 8, 2023

In my last post, I focused on the hypothetical fair use defense of generative AI under the principles articulated in the Google Books decision of 2014.

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LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

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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.

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IP Tech Blog

MARCH 28, 2023

A federal district court in New York held that the Internet Archive’s Open Library project was engaging in copyright infringement by publishing digital copies of millions of books online. The court engaged in an extensive analysis of whether the purpose and character of Internet Archive’s use was transformative. of America v.

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Copyright Lately

OCTOBER 2, 2023

While a flurry of AI copyright lawsuits from prominent authors and artists grab headlines, another case has quietly taken something more important: a head start. This means that a jury could weigh in on some of the thorniest copyright questions involving artificial intelligence as early as May 2024. Thomson Reuters v.

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LexBlog IP

MAY 3, 2022

The WIN Passage is subject to a separate copyright registration and he offers licenses for its use. The posts credited Bell as the author but did not include a copyright watermark that Bell imprints on his digital reproductions of the WIN Passage.

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Technology & Marketing Law Blog

JUNE 2, 2022

Can tattoos infringe copyrights, and if yes, what remedies are appropriate? 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.

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43(B)log

APRIL 26, 2023

24, 2023) “This case arises out of alleged misuse of copyrighted images, eventually leading to a dispute … that resulted in false business reviews, malicious e-mails, and mutual efforts to interfere with each other’s business.” The ads used the entire images. I Dig Texas, LLC v. Creager Servs., LLC, 2023 WL 3066119, No.

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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.

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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).

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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.

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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.

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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.

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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.

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TorrentFreak

MAY 26, 2023

Similar to any other online platform that deals with user-generated content, Instagram processes copyright complaints on a daily basis. Takedown Trouble Triggers Lawsuit This takedown policy is widely accepted as the standard for social media services but every now and then, disputes can arise.

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Plagiarism Today

APRIL 19, 2022

First off today, Joe Tidy at the BBC reports that the City of London Police have arrested three people and shuttered the website of a group that was running an unauthorized clone of Club Penguin, the Disney social media site/game that shuttered in 2017. 2: Newsweek Settles Copyright Fight Over Instagram Embedding.

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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. §

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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.,

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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. Listen to the podcast version of this episode on your favorite platform or online, here.

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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 ).

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The IP Law Blog

OCTOBER 13, 2022

Take-Two Interactive Software found that the depiction of tattoos on wrestler Randy Orton in a video game published by Take Two Interactive infringed the tattoo artist’s copyright in the tattoos. The District Court also found that the use was not fair use. However, the jury did get instructions on fair use.

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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.

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