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Tattoo Artist Copyright Win Will Create Uncertainty Over Celebrities with Tattoos

The IP Law Blog

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. The District Court also found that the use was not fair use.

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With Friends Like These: Copyright Implications Of Novelists Drawing Inspiration From The Real Lives They Cross

LexBlog IP

Dorland counterclaimed for copyright infringement, claiming that Larson’s use of Dorland’s letter was a violation of intellectual property law. The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before. ” Let’s see why.

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Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Technology & Marketing Law Blog

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. To ‘display’ a work means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process.” 3d at 1160.

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IT’S THE COPYRIGHT INFRINGEMENT FOR ME: WHY CLAIMS AGAINST MEME CONTENT SHOULD NOT MATTER

JIPL Online

Memes utilize pop culture content, such as movies, television shows, and other various forms of media, often in a parodic way. Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] By: Taylor Bussey.

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Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)

Technology & Marketing Law Blog

As Professor Farley and I discuss in Part II of our paper, several circuits require a commercial use of the mark for infringement (or an exception for noncommercial speech) and dismiss lawsuits without applying all of the likelihood of confusion factors if the unauthorized use of the mark is not commercial speech. Redbubble, Inc. ,

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Spring Cleaning: Decluttering From Recent Intellectual Property Detritus & Dusting Off Old Posts

LexBlog IP

Where IP Spring Cleaning Starts : Whether applied to home or office, literally or figuratively, spring cleaning’s cultural, historic, and biological roots have intellectual property law analogs and other legal offshoots. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v.