Technology & Marketing Law Blog

AUGUST 1, 2023

In other words, the gist of the case is whether the photographers surrender their right to exclude others by voluntarily posting their own photos to social media. As a practical matter, the answer is certainly yes; an open system is built into the design of the internet.

Blogging 95

Blogging Copying Social Media Copyright 95

LexBlog IP

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. Those statistics show increasing awareness of the NFT market and likely some FOMO (or “Fear of Missing Out”) on the part of brand owners.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Copyright Lately

MAY 22, 2023

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. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.

Fair Use 91

Fair Use Licensing Copying Artwork 91

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 78

Fair Use Art Copyright Social Media 78

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

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

43(B)log

AUGUST 11, 2021

Derivative works? There is some evidence on social media that people were blaming Nike (then again, people on social media blame Biden for the Delta variant, so). Marketing literature may show appropriate methods to evaluate trademark reputation, or potential harms or unfair advantages.

Trademark 72

Trademark Copyright Branding Brands 72

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices. ” VMG Salsoul, LLC v.

Music 87

Music Copyright Copying Copyright Law 87