JIPL Online

APRIL 9, 2021

x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 511, 523 (2012).

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Technology & Marketing Law Blog

JUNE 20, 2023

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

LexBlog IP

JULY 7, 2023

. “Amount and Substantiality of Work Used” : Referring back to its decision on whether Prince’s use was “transformative,” the court found that his alterations were not enough to allow using almost the entirety of plaintiffs’ works. [12] Many derivative works.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

” No, that’s exactly what the derivative work right covers, and it’s the exact issue litigated in the old WhenU cases. Nor could Google place ads in Plaintiffs’ marketing brochures or superimpose ads on top of Plaintiffs’ print advertisements without Plaintiffs’ permission and without paying Plaintiffs’ price.

Licensing 89

Licensing Copyright Contracts Advertising 89

Technology & Marketing Law Blog

AUGUST 1, 2023

It is certainly within the definition of chutzpah to publicly display your own work on the Internet, visible for anyone to see for free and without further conditions, and then to complain that others are helping people find your work by linking to it. Breitbart case settled before definitively resolving the issues.]

Blogging 96

Blogging Copying Social Media Copyright 96

43(B)log

FEBRUARY 3, 2023

They definitely donated to many committee members but not unusually so. Part of larger pattern of “shotgun damages,” working definition: damages characterized by inflationary demands for multiplied awards; coercion; scattershot approach. Lemley: opposition at time viewed it as Disney-driven, even if we weren’t right.

Copyright 59

Copyright Copying Music Fair Use 59

Kluwer Copyright Blog

AUGUST 7, 2023

Thus, guided by the principle of equality, copyright operates as a spectrum of creativity, where the level of protection granted to a work corresponds to its level of originality. [2] 2] At one end of the spectrum, we find plagiarism: a completely derivative work that fails to contribute any creative elements to the original piece.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

43(B)log

OCTOBER 20, 2022

Professor Reese’s Transformativeness and the Derivative Work Right , 31 Colum. pointed out that many of the big data/evidentiary use-type fair use cases are well-described by the idea of a transformative purpose —a purpose orthogonal or unrelated to the expressive content of the original work or works used.

Derivative Work 72

Derivative Work Fair Use Art Copying 72

Technology & Marketing Law Blog

JANUARY 12, 2024

Once we qualify the copies as “electronic,” it becomes unmistakable that this case deals with intangible items, not traditional “chattel” that are, by definition, tangible items. Google appeared first on Technology & Marketing Law Blog. ” That’s true. mobile device screen.”

Copying 75

Copying Ownership Derivative Work Contracts 75

Kluwer Copyright Blog

OCTOBER 4, 2023

This provision, while optional, is rendered mandatory for online use on select major platforms under Article 17(7) of the copyright and related rights in the Digital Single Market Directive ( CDSM ). Hutcheon’s broad definition encompasses a wide array of hypertextual forms beyond traditional parody.

Copyright Law 85

Copyright Law Art Copyright Law 85

LexBlog IP

OCTOBER 25, 2023

In Larson, Dorland claimed copyright in a 381-word letter posted to Facebook and further asserted that, therefore, each of the three versions of Larson’s The Kindest was a derivative work in which Dorland, therefore, owned the copyright because her letter and the later Larson works were substantially similar.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

SpicyIP

NOVEMBER 16, 2023

This app, as they claimed, is unique in that it combines a stock market trading feature alongside fantasy gaming, something that they said was non-existent in the market prior to its app. The matter found itself back in court, before the Division Bench (DB), in less than a month though.

Copyright 59

Copyright Marketing Marketing Copying 59

Kluwer Copyright Blog

MAY 9, 2023

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. Under US law, is the output a “ derivative work ” of the “ingested” copyrighted works?

Copyright 137

Copyright Fair Use Copyright Law Law 137

Technology & Marketing Law Blog

JUNE 17, 2023

documents, or other files”, a definition that necessarily comprises source code, and hence the Licensed Materials. (As GitHub (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Plaintiffs just amended their complaint to clarify: GitHub’s Privacy Statement defines “personal data” to include “any. –Doe 1 v.

Blogging 127

Blogging Licensing Privacy Copyright Notice 127

Copyright Lately

APRIL 19, 2022

Nation Enterprises boldly proclaimed that the effect of the use upon the potential market for or value of the copyrighted work was “undoubtedly the single most important element of fair use.” But this problem can be avoided so long as judges are discerning about distinguishing between legitimate markets from speculative ones.

Fair Use 77

Fair Use Art Copyright Social Media 77

Copyright Lately

NOVEMBER 21, 2021

Miramax claims, among other things, that the preparation and sale of these derivative works constitutes copyright infringement because the contractual rights Tarantino reserved in his 1993 agreement with Miramax don’t cover NFTs. The breathless media reports soon followed. Publication vs. Merchandise?

Copying 124

Copying Non-Fungible Tokens Contracts Copyright 124

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” The Court then quoted a dictionary definition of “knowledge” as “the fact or condition of being aware of something.” [Slip op. Factual and Procedural Background. The post U.S.

Registration 77

Registration Blogging Copyright Designs 77

43(B)log

FEBRUARY 2, 2024

Counterclaim alleged that WF infringed by reproducing, publicly displaying, commercially licensing, and distributing the image, and by incorporating the photo into unauthorized derivative works. The difference b/t Justice Story’s © and today: the derivative work right: why would substitution be the core problem?

Fair Use 49

Fair Use Derivative Work Licensing Marketing 49

Kluwer Copyright Blog

MAY 20, 2024

However, one would be hard pressed to find one single, comprehensive and functional operating definition of pastiche on which the CJEU could rely. Spanning from imitation to recombination in form, pastiche has been variously regarded as a medium for homage, satire and/or didactic expression.

Copyright Law 65

Copyright Law Law Copyright Derivative Work 65

Copyright Lately

MARCH 6, 2023

The plaintiff is also asking the court to enjoin Coakley’s Director Statements and nascent “making of Runt ” film project, claiming that when Coakley sold Runt , he also sold the copyright to any of his future works related to Runt as well. Are Coakley’s Materials Infringing Derivative Works or Protected Fair Use?

Copyright 79

Copyright Derivative Work Fair Use Social Media 79

Technology & Marketing Law Blog

FEBRUARY 13, 2023

“Literary works” are defined as “works … expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in which they are embodied.” [ 17 U.S.C. ” [ 17 U.S.C. Rickover , 284 F.2d

Copyright 119

Copyright Blogging Publishing Fair Use 119

43(B)log

AUGUST 11, 2022

Also: what about derivative works? So how do you build in that to recognize contribution to singular work v. creation of derivative work. In UK/Canada, joint ownership rules allow us to say “no derivative works without all of us agreeing.” A: we definitely weren’t looking for unjust enrichment.

Music 56

Music Copyright Ownership Derivative Work 56