Technology & Marketing Law Blog

MAY 27, 2023

” I sense the court was overwhelmed by the complexity of music licensing, where there are layers upon layers of agreements over the initial ownership of the work, subsequent ownership transfers, distribution licenses, designations of enforcement agents, and voluntary uploads of the works by one or more people in the chain.

Ownership 68

Ownership Licensing Copyright Fair Use 68

Technology & Marketing Law Blog

APRIL 1, 2023

Construing these allegations as true and in Service’s favor, Service subjectively believed that he possessed an ownership interest and that he never approved the Comedy Dynamics deal. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership.

Fair Use 105

Fair Use Cease and Desist Contracts Ownership 105

Technology & Marketing Law Blog

MARCH 15, 2022

That’s by design–the DMCA was designed to resolve matters outside of court. Now, imagine the rightsowner also overclaimed trade dress protection for its sage leave design. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Copyright 129

Copyright Cease and Desist Fair Use Litigation 129

IP and Legal Filings

NOVEMBER 11, 2022

Businesses regularly create articles, photographs, drawings, designs, models, websites, computer software, etc., Though your work is automatically protected by copyright the moment it is created, voluntary registration will provide proof of ownership, which can save you time and money in case of a dispute later on. Conclusion.

Copyright 52

Copyright Fair Use Registration Ownership 52

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Instead, Source Capital alleges the DMCA takedown notices were “knowingly false” and designed to kick Source Capital out of the Google search results during the high season. Prior Posts on Section 512(f) * 512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Hawai‘i Aug. Zoox * Surprise! Federici * Biosafe-One v.

Fair Use 66

Fair Use Cease and Desist Copyright Ownership 66

43(B)log

MAY 19, 2023

Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. The court also found that the alleged use of the Roblox name was not, as a matter of law, nominative fair use.

Copying 94

Copying False Advertising Social Media Advertising 94

LexBlog IP

JULY 12, 2023

The app is designed for text-based conversations instead of photo updates. Ownership of a registered trademark may not be enough to claim an account. Platforms will typically also consider how a name is being used, including whether the name might be used in accordance with fair use principles.

Social Media 52

Social Media Branding Brands Branding 52

IIPRD

JUNE 9, 2024

The metaverse acted as a virtual boundary in this design for the future. This will give recognition to those persons and provide them with ownership rights for that intellectual activity. Trademarks A Trademark can be a mark, symbol, design, color, combination of colors, shapes, etc.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Designs 59

Technology & Marketing Law Blog

MARCH 6, 2022

“Plaintiff’s takedown letters and supporting document establish facially plausible claims of infringement, and Babybus does not allege a plausible basis for a fair use defense.” Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use 99

Fair Use Cease and Desist Copying Copyright Infringement 99

Technology & Marketing Law Blog

APRIL 29, 2023

Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

Fair Use 100

Fair Use Cease and Desist Copyright Trademark 100

Technology & Marketing Law Blog

DECEMBER 5, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein. * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

Marketing 77

Marketing Marketing Cease and Desist Fair Use 77

Technology & Marketing Law Blog

OCTOBER 4, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein. * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

Cease and Desist 87

Cease and Desist Fair Use Copyright Blogging 87

IP and Legal Filings

SEPTEMBER 29, 2021

Initially, the District Court adjudicated that Napster’s file-sharing service did not fall under the ambit of fair use. While it was acknowledged that Napster’s system was not created to check for copyright ownership or permissions of the digital assets, the infringing files were searchable by Napster.

Fair Use 52

Fair Use Music Copying Copyright 52

Technology & Marketing Law Blog

AUGUST 18, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein. * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

Fair Use 107

Fair Use Cease and Desist Copyright Blogging 107

IIPRD

MARCH 23, 2022

It should not consist of basic dance movements but have some level of uniqueness in order to prove the ownership. The methods can be protected under the Patents Laws and the dance costumes can be protected under the Design Laws. If in case the work of the creator is used for “fair use”, the creator cannot seek remedy.

Intellectual Property 73

Intellectual Property Fair Use Copying Copyright 73

The IPKat

SEPTEMBER 21, 2022

First up was the now-traditional EU and US Case Law Update presented by Jan Bernd Nordemann ( Nordemann ) and Vanessa Bailey ( Head of Patent Policy, Amazon ) that took the early morning attendees on a roller coaster ride of recent American and European trade mark, design, copyright and patent case-law. a of the Design Directive.

IP 76

IP Reporting Designs Design 76

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

Registration 115

Registration Fair Use Copyright Designs 115

IIPRD

FEBRUARY 25, 2022

NFTs have indeed transformed the world of digital assets and ownership, with sales as high as $2.47bn only 6 months into 2021. This is because the storage of a digital version of creations does not designate the title of the creator per se, let alone its trading. Tokenisation and Ownership of Digital Assets under NFTs.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Ownership Intellectual Property 40

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Kluwer Copyright Blog

DECEMBER 14, 2022

doctrine of fair use, iFixit and the Electronic Frontier Foundation (EFF) refused to take down the manuals and have since stood by their stance. Citing the U.S. Member state implementations of the Repair Exception also reveal quite divergent approaches and interpretations of the provision. by Alexander Puutio. € by Edward J.

Copyright 102

Copyright Cease and Desist Fair Use Publishing 102

Corsearch

FEBRUARY 15, 2024

Phishing and spoofing Scammers may use X/ Twitter to contact consumers via posts (tweets) or direct messages and lead them to fake websites designed to imitate official brand pages or collect sensitive information. This could lead to identity theft, unauthorized access to accounts, and potential financial loss for consumers.

Branding 59

Branding Brands Branding Social Media 59

LexBlog IP

DECEMBER 6, 2021

Non-disclosure Agreements (NDAs) for Ownership. A trademark cannot be used to protect an invention, coding, or software program. Oracle Supreme Court Decision , where the Court determined that Google’s copying of 11,500 lines of Oracle’s Java SE code was indeed fair use of that material as a matter of law.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

SpicyIP

MAY 18, 2022

As is being argued in the Nike case, it may also be argued that virtual goods are nothing but a representation / proof of ownership of a physical product.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Kluwer Copyright Blog

OCTOBER 17, 2023

c) of the mentioned amendment imposes on providers of foundation models the obligation to train, design and develop the model in compliance with Union and national legislation on copyright prior to making their service available on the market. Secondly, para.

Copyright 122

Copyright Art Copyright Law Licensing 122

43(B)log

AUGUST 4, 2021

Cathay Smith: Do you foresee a point in time at which an AI might be able to make a fair use/fair dealing decision in the moment? But fair use/dealing typically involves reproduction of a limited portion, and AI could calculate portion. EFF doesn’t want fair use cases in the system; MPAA does.

Copyright 90

Copyright Trademark Copying Fair Use 90

Kluwer Copyright Blog

JUNE 9, 2022

In interpreting these provisions, the Commission’s Guidance (COM/2021/288 final) states that information is considered “relevant” if it is at least “accurate about the rights ownership of the particular work or subject matter in question”. fingerprinting” and “metadata-based solutions”).

Technology 96

Technology Marketing Marketing Copyright 96

JIPEL Copyright Blog

MARCH 16, 2022

Mr. Rothschild, in defense, calls himself an artist and alleges that he is protected by fair use, based on the precedents set forth by Rogers v. According to a statement from StockX, the NFTs would only represent proof of ownership of physical goods that customers can trade on their platform. Grimaldi and Dastar Corp.

Trademark 40

Trademark Non-Fungible Tokens Branding Brands 40

43(B)log

AUGUST 4, 2023

21 million in Louisiana to “harden” schools, half a billion in Texas; schools designed with curving walls to decrease damage done by active shooters; bulletproof backpacks. Regulating terms of trade also permitted, including © ownership/exclusivity/restricting investment in local productions. installation of Shot Spotter all over. $21

Copyright 52

Copyright Fair Use Marketing Marketing 52

SpicyIP

JULY 29, 2021

Typeface’ refers to the particular design of letters, numbers, marks and symbols. That said, traditionally, ‘fonts’ and ‘typefaces’ were not used synonymously , and the distinction between them was relevant when letters made out of metal blocks were used for printing. Before we begin, let me lay down the glossary for this post.

Copyright 126

Copyright Artistic Work Copyright Law Fair Use 126

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. We own all sounds captured on a sound recording.

Music 85

Music Copyright Copying Copyright Law 85

IIPRD

APRIL 21, 2021

These goods and services present online that form the bread and butter for business are a protected product/content that is categorized as intellectual property and is protected under the Intellectual Property laws through copyright, trademark , design , etc.

Intellectual Property 40

Intellectual Property Business Copyright Intellectual Property Law 40

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). In the aftermath of cases like Authors Guild v.

Copyright 137

Copyright Fair Use Copyright Law Law 137

Technology & Marketing Law Blog

NOVEMBER 21, 2021

The board says the unregistrable emoji animations “include a familiar heart design and some very minimal amount of motion, which is de minimis and thus unprotectable by U.S. The red color adds to the familiar and predictable nature of the heart designs. copyright law. As the heart breaks, it tilts to the right. Marc Jacobs.

Copyright 120

Copyright Registration Fair Use Designs 120

Technology & Marketing Law Blog

OCTOBER 19, 2021

The Kremen case involved the alleged theft of the sex.com domain name by improperly modifying the electronic records evidencing ownership of the domain name. Website owners can prevent the unauthorized reassignment of their ownership interests, such as someone trying to modify their copyright registration records. Implications.

Licensing 91

Licensing Copyright Contracts Advertising 91

43(B)log

FEBRUARY 22, 2021

Should consider public space art, in some circumstances, as a common good, with ownership interests at least in part in people who live in the area. Pezza: Civil law legal systems don’t require fixation; UK CDPA requires works to be “recorded”; US requires fixation. A: it’s all decentralized, independent designers and creators.

Copyright 40

Copyright Art Copying Editing 40

Technology & Marketing Law Blog

MARCH 29, 2023

Now here he claims this infringed his copyright, when in fact this is merely a retaliatory claim due to my filing a DMCA claim based on his appropriation of my design and copyright computer code expressions on multiple occasions without written or verbal permission. The citations for the basics of fair use do come from 9th circuit cases.

Blogging 97

Blogging Fair Use Copyright Copyright Notice 97

Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Tricky Tattoo copyright is also essential for safeguarding the artistic integrity and ownership of these unique body art creations. Once we have established that tattoos are artistic work and thus deserving of copyright protection, we are compelled to answer the original question of a tattoo’s ownership. In Alexander v.

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52