Copyright Lately

MARCH 31, 2024

” A screenshot from the (now deleted) social media video at the center of the controversy. Its lawsuit reeks of an opportunistic attempt to profit from State Farm’s mistake rather than a legitimate effort to protect its copyright from real market harm.

Copyright 78

Copyright Fair Use Social Media Artwork 78

Copyright Lately

JUNE 2, 2022

In a 30-page order, the district court largely denies both parties’ motions for summary judgment, finding triable issues on substantial similarity and fair use. and High Voltage Tattoo) asked the court to determine that the use of Sedlik’s photo as a reference image qualified as a fair use of the copyrighted work.

Fair Use 104

Fair Use Social Media Copyright Copyright Infringement 104

Technology & Marketing Law Blog

JUNE 2, 2022

This is a venerable question–I remember evaluating it as a possible law review note topic 30+ years ago. Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. Nature of Use. This factor weighs against fair use.

Copyright 142

Copyright Social Media Fair Use Licensing 142

Technology & Marketing Law Blog

AUGUST 2, 2021

I’m pleased to announce the 2021 edition of my Internet Law casebook, Internet Law: Cases & Materials. It has been a crazy year for Internet Law! I’ve now framed it as a note about California’s consumer privacy laws. US case, which overwrote most of my prior note on Nosal and Power Ventures.

Editing 145

Editing Law Privacy Contracts 145

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

Trademark 86

Trademark Social Media Advertising Advertising 86

Velocity of Content

AUGUST 10, 2022

In a much-anticipated report , the UK Intellectual Property Office recommends a major rewriting of UK copyright law, delivering the future of copyright to those using AI and damaging the present and future financial interests of publishers, authors, journalists, and musicians among others. UK to EU to UK. Beware the Fig Leaf.

Law 116

Law Licensing Publishing Intellectual Property 116

IP Tech Blog

NOVEMBER 29, 2023

As a way to supplement her income, she put on a contest whereby her social media followers would buy gift certificates for future tattoos and would get to vote on one of several funny tattoos that would eventually be tattooed onto the artist’s husband. Netflix moved to dismiss the complaint on, among other grounds, fair use.

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

TorrentFreak

MAY 26, 2023

Takedown Trouble Triggers Lawsuit This takedown policy is widely accepted as the standard for social media services but every now and then, disputes can arise. However, as often happens with popular media, pirated footage was readily available too. Alternatively, they may be classified as fair use.

Social Media 121

Social Media Copyright Infringement Ownership Fair Use 121

IPilogue

OCTOBER 12, 2022

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Barlow and Bear went on to become viral sensations on social media and Grammy-winning artists (2022 Best Musical Theatre Album) for their production. Additionally, fan fiction must be non-commercial and cannot result in profits for the creator.

Intellectual Property 105

Intellectual Property Social Media Music Fair Use 105

The IP Law Blog

JULY 22, 2021

There seems to be a belief that police service, when paired with a musical interlude, will prevent a recording of the interaction from being posted on social media due to algorithms that detect and remove videos incorporating copyrighted music (among other types of content). Why is this happening?

Music 104

Music Fair Use Copyright Reporting 104

Copyright Lately

APRIL 19, 2022

Over the past quarter-century, transformative use has become shorthand for fair use itself. When I first heard that the Supreme Court had agreed to take up the fair use fight over Andy Warhol’s “Prince Series,” my first reaction was “Oh wow.”. Fair use is supposed to be about balance and flexibility.

Fair Use 78

Fair Use Art Copyright Social Media 78

43(B)log

MAY 19, 2023

WowWee’s Vice President of Brand Development & Creative Strategy, Sydney Wiseman, used her WowWee email address to create a Roblox user account and used her Roblox account to promote My Avastars dolls on social media, including videos on her TikTok account.

Copying 94

Copying False Advertising Social Media Advertising 94

Kluwer Copyright Blog

MARCH 6, 2023

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. 243, 244), seek to protect the ability of text and data mining researchers to use copyrighted content in their work. 3 and 4) and in Singapore’s new Copyright Act (Art. HathiTrust, 755 F.3d 3d 87 (2d Cir.

Copyright 122

Copyright Social Media Publishing Licensing 122

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court spends more time on its likelihood of confusion analysis.

Blogging 91

Blogging Social Media Television Fair Use 91

Technology & Marketing Law Blog

AUGUST 29, 2022

I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. Then, due to some personal circumstances [FN], I moved my Internet Law course from Fall to Spring this academic year, so I’m not teaching this Fall either. 2022 Edition of Internet Law: Cases and Materials. Blog Posts.

Editing 89

Editing Social Media Blogging Advertising 89

Kluwer Copyright Blog

OCTOBER 3, 2023

We have also noted that this was not the only class action filed in the US against Open AI, since a parallel class action was based on alleged data breach ( here ). 2000) (“ copying an entire work militates against a finding of fair use. ”). 110-111). 4th 1149 (9th Cir. 3d 723, 743 (9th Cir. Church of God, Inc.,

Fair Use 136

Fair Use Privacy Copyright Technology 136

Technology & Marketing Law Blog

APRIL 3, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and was one of the signatories of the First Amendment Professors amicus brief filed in Jack Daniel’s Properties, Inc. by guest blogger Lisa P. Ramsey [Lisa P.

Blogging 102

Blogging Trademark Fair Use Trademark Law 102

Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. Shah argued that the copyrights transferred to him “by operation of law” when the friend/bystander handed back the camera. The complaint. –Shah v.

Copyright 124

Copyright Fair Use Licensing Ownership 124

Traverse Legal Blog

MAY 1, 2022

An Acceptable Use Policy (AUP) (also known as a Fair Use Policy) is a set of rules applied by the owner, creator or administrator of a network, website, or service that restricts the ways in which the network, website, or service may be used and sets guidelines as to how it should be used. Pornography.

Social Media 97

Social Media Reporting Business Fair Use 97

43(B)log

JUNE 30, 2023

Riffs off of the concept of law of trade; what happened was that people engaged in inter-area commerce made up sales law through their practices. Informal rules became law; he was thinking that Lex Mercatoria was a metaphor for Lex Informatica, where similarly we need to think about new tools. Goal: framework for trustworthy AI.

Law 60

Law Licensing Social Media Copying 60

TorrentFreak

APRIL 7, 2024

Several of these services have been listed in the USTR’s overview of notorious piracy markets. Errors and Nuance Upload filters are not perfect and generally lack ability to factor-in the nuances of copyright law, such as fair use.

Copying 91

Copying Copyright Infringement Fair Use Social Media 91

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. 4) detailed records of works used and their provenance.

Social Media 52

Social Media Fair Use Advertising Advertising 52

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. Instead, IA argued that its conduct was protected by fair use. A New York federal judge has ruled in favor of four leading U.S.

Fair Use 69

Fair Use Copying Publishing Copyright 69

Technology & Marketing Law Blog

JULY 5, 2021

But New York’s common law unfair competition cause of action is “adaptable and capricious.” “It Some interesting discussion on the use of Google and Twitter to determine genericness: Plaintiffs also offered evidence of Google searches and social media mentions on Twitter to support their position that PRETZEL CRISPS is not generic.

IP 85

IP Social Media Fair Use Branding 85

Technology & Marketing Law Blog

JANUARY 3, 2023

31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense.

Copyright 93

Copyright Social Media Copyright Infringement Publishing 93

Copyright Lately

SEPTEMBER 26, 2022

Defendants argued that the issue of copyright ownership was never actually at issue in Alexander’s summary judgment motion, but last week Judge Yandle amended her previous ruling to “clarify this Court’s finding that, as a matter of law, Alexander owns a valid copyright to the five tattoos at issue in this lawsuit.”

Fair Use 85

Fair Use Licensing Ownership Copying 85

Technology & Marketing Law Blog

DECEMBER 18, 2022

Law enforcement found the following items on the defendant’s phone (warning–explicit and offensive descriptions): three photos with accompanying text, which the State argued expressed “the idea that a male has a right to have sexual relations with a female who is not consenting or who is unable to give consent.”. Alternet Media.

Fair Use 90

Fair Use Social Media Blogging Copying 90

Copyright Lately

MAY 17, 2021

Parody is tricky, both as an art form and as a matter of copyright law. And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. Did SNL go too far?

Fair Use 95

Fair Use Copying Television Social Media 95

Technology & Marketing Law Blog

SEPTEMBER 18, 2021

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act. Another Court Says Embedding Instagram Photos May Be Fair Use–Boesen v. Instagram appeared first on Technology & Marketing Law Blog. Case citation: Hunley v. Instagram LLC , 21-cv-03778-CRB (N.D. The complaint.

Copyright 116

Copyright Copyright Infringement Social Media Licensing 116

Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts. Leaving the law aside, generative AI triggered some backlash in 2022.

Copyright 145

Copyright Art Fair Use Registration 145

IP Tech Blog

AUGUST 15, 2022

On the first inquiry, the court determined that Bayside did not establish a clear case of copyright infringement because MoneyBag’s use of the photos constitutes fair use. If the use is fair, it is not infringement. The tweets were not for commercial gain, which weighs in favor of fair use.

Fair Use 62

Fair Use Copyright Infringement Copyright Marketing 62

LexBlog IP

JULY 22, 2021

There seems to be a belief that police service, when paired with a musical interlude, will prevent a recording of the interaction from being posted on social media due to algorithms that detect and remove videos incorporating copyrighted music (among other types of content). Why is this happening?

Music 52

Music Fair Use Copyright Reporting 52

The IPKat

DECEMBER 20, 2023

by Despoina Dimitrakopoulou Recently, the news of reggaeton mega-star Bad Bunny's eloquently put disappointment spread on social media, bringing up interesting questions concerning music creation using AI. In sum The time of AI music is upon us - whether for the good or the bad no one can yet tell.

Music 73

Music Social Media Copying Derivative Work 73

43(B)log

JUNE 26, 2023

A&E owns a trademark (for entertainment services) and registered copyrights for Live PD, “which for four years featured live feeds of law enforcement activity across America, along with live narration and commentary from host Dan Abrams and others.” Fan reactions on social media included “Ok. I’m confused. I missed it!”

Social Media 59

Social Media Copying Fair Use Advertising 59

Technology & Marketing Law Blog

DECEMBER 15, 2021

As a double-insult, 512(f) preempts related state law claims over abusive takedown notices, so it actually leaves victims worse off than if 512(f) didn’t exist by clearing out the field. Plaintiffs can’t show this because they don’t have the evidence of subjective belief when they file their complaints. per sticker set.

Registration 111

Registration Fair Use Copyright Designs 111

43(B)log

FEBRUARY 24, 2024

Focused on Amazon: free riding on gov’t mechanisms, particularly TM law, to communicate to gov’t not to regulate it—product liability, intermediary liability. Affecting TM law (as set forth in new paper with Mark McKenna, which is excellent). Ex parte: the law is whatever the judge will sign. It’s like with CPB.

Fair Use 45

Fair Use Branding Brands Branding 45

Copyright Lately

AUGUST 2, 2022

While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. The Musical Parody ,” “The Unofficial Bridgerton Musical” isn’t the type of parody musical that courts have often found to be fair use under the Copyright Act.

Music 104

Music Derivative Work Fair Use Cease and Desist 104