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.

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Registration Fair Use Copyright Designs 114

LexBlog IP

APRIL 18, 2023

Presumably afraid that a decision one way or the other would move financial markets and have unforeseen consequences, the Court assumed the declaring code was protected by copyright and decided the case on fair use. ” A fair use of declaring code might not be a fair use of implementing code.

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Copyright Fair Use Copying Public Domain 52

Velocity of Content

JUNE 8, 2022

Their reuse of the underlying materials may (in theory) be excused under the doctrine of fair use, including parody , or what is increasingly referred to as ‘ transformative use’ – a concept itself derived from the four fair use factors called out in Title 17 (Section 107).

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Derivative Work Public Domain Copyright Fair Use 105

JIPEL Copyright Blog

MARCH 9, 2022

There are clear advantages to the use of these technologies in the museum context. addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive. For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

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Moral Rights Fair Use Art Social Media 52

43(B)log

FEBRUARY 22, 2022

Designed to be freely available licensed or public domain; we occasionally use fair use images where no free image is available, such as when a famous work has been destroyed. RT: Designing for abuse is a great idea and not something that 512 and 1201 did.

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Copyright Fair Use Music Licensing 45

Patently-O

APRIL 6, 2023

In that case, the Court found that Google’s use of Java API naming conventions in its Android operating system was fair use under copyright law. Because its fair use decision decided the case, the court did not rule separately on whether the API was even copyrightable in the first place. 1183 (2021).

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Copyright Copying Copyright Infringement Fair Use 57

Kluwer Copyright Blog

OCTOBER 17, 2023

As a software-implemented creation, it was not in the public domain and the company willing to exploit the work had to clear the right to reproduction. For this purpose, providers should publish a sufficiently detailed summary of the use of training data protected under copyright law. Secondly, para.

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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. IA’s Open Library project includes millions of public domain books that users can download and read without restriction. Craigslist, circa 1999.

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Fair Use Copying Publishing Copyright 71

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

43(B)log

FEBRUARY 19, 2022

While Rogers rejected any consideration of whether the speaker had adequate alternatives to using the plaintiff’s trademark because speakers are entitled to choose their own ways of speaking, the religious cases embrace the concept of adequate alternatives. What to do next? As expert in the field, people come to her for advice.

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Trademark Law Trademark Art Branding 72

43(B)log

DECEMBER 20, 2022

Defendants allegedly used editing tools to compress scenes that constituted “about 70% or more of” the 2001 Documentary into minutes of footage that then appeared in the 2013 Documentary. In addition, the design of the title of the 2013 Documentary was allegedly similar to plaintiffs’ registered 12 O’Clock Boyz logo.

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Copyright Lately

OCTOBER 25, 2021

The judge rejected BMG’s fair use defense, holding that the defendants took more elements from the “Nightmare on Elm” street films than they needed to accomplish any parodic purpose. New Line successfully moved for a preliminary injunction to block the video’s release. Skully Curly. The Ghostly Trio.

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Copyright Cinema Copying Copyright Infringement 144

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? Ilanah Simon: In Europe, you can’t use overlap to police boundaries.

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Trademark Law Law Trademark Registration 75

Technology & Marketing Law Blog

JUNE 21, 2023

The other issue in Jack Daniel’s was whether VIP could invoke the “noncommercial use of a mark” exemption from dilution liability in 15 U.S.C. 1125(c)(3)(C) by claiming its humorous use of the Jack Daniel’s marks was not pure commercial speech because it poked fun at the company in the Bad Spaniels design.

Trademark 101

Trademark Blogging Trademark Law Fair Use 101

43(B)log

JUNE 24, 2022

In the fair use calculus? In what ways is the ornamental nature of a defendant’s use relevant to defences based on artistic or expressive use (or some other defence)? Defenses: we don’t have fair use as a catchall; specific list of enumerated defenses. But there is a defense for nondistinctive use.

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Trademark Law Law Trademark Fair Use 56

43(B)log

FEBRUARY 24, 2023

Display on front of T-shirt: ornamental, decorative; have legislature consider purposes of TM and PTO as well to be gatekeeper to protect public domain. Every time a court uses Rogers, it’s covertly holding that it would be unconstitutional to apply a broader set of rights; we’re tailoring the test with this in mind.

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Trademark False Advertising Fair Use Branding 69

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment? If the work was published without proper copyright notice, the work entered the public domain. This strikes me as the wrong result. 2d at 206. (The

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Copyright Blogging Publishing Fair Use 121

LexBlog IP

JANUARY 10, 2024

Government by its officers and employees should not be subject to copyright” and fall “in the public domain.” ” US Const., It is strange because that would mean that the unpublished portions would also be government works available for public use. . “The basic premise of [S]ection 105.[is]

Ownership 52

Ownership Copyright Government Intellectual Property 52