Fair Use, Licensing, Litigation and Settlement

Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. IJR

Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. Philpot claims his standard photo licensing fee is $3,500, but reuses of the photo from Wikipedia Commons didn’t require any payment (just attribution). ” Market Effect.

Fair Use

Fair Use Licensing Copyright Marketing

5th Cir affirms fair use on a motion to dismiss, fee award to D

43(B)log

MARCH 1, 2022

25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.

Fair Use

Fair Use Social Media Licensing Marketing

Are Memes Dangerous?

LexBlog IP

NOVEMBER 28, 2023

But wait, shouldn’t the Fair Use Doctrine imputed under the First Amendment apply to an obviously parodied creative work? All meme-like images in this article are properly licensed. Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here? Yes and no. What about meme generators?

Fair Use

Fair Use Intellectual Property Settlement Business

HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

JIPL Online

MARCH 15, 2021

Then, the post will predict how Netflix may shift its content practices, defense strategies, and settlement tactics as a result of their past litigation successes in copyright actions. SETTLEMENT CASES. 9] Both parties reached an amicable settlement. [10] 9] Both parties reached an amicable settlement. [10]

Copyright Infringement

Copyright Infringement Copyright Public Domain Derivative Work

Are Courts Finally Getting Fed Up With Copyright Shakedowns?

Copyright Lately

AUGUST 22, 2021

The complaint raised concerns that Dolezal was using copyright law to purge the historical record of her controversial past, while seeking substantial monetary damages in the process. The defendant, CBS Interactive, had a solid fair use defense, but never needed to assert it.

Copyright

Copyright Fair Use Settlement Designs

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case.

Registration

Registration Fair Use Copyright Designs

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. This has important implications for the doctrine of fair use.

Fair Use

Fair Use Derivative Work Blogging Licensing

Using AI Artwork to Avoid Copyright Infringement

Copyright Lately

OCTOBER 24, 2022

This prompted a quick settlement which allowed the chair to remain in the picture. Fair use and de minimis defenses are often unreliable, and even if you have a solid case, defending copyright infringement lawsuits is an expensive proposition. An image I created using the DALL·E 2 prompt “a photograph of a pepperoni pizza.”

Artwork

Artwork Copyright Infringement Copyright Art

Fair Use Protects High School’s Use of Inspirational Meme–Bell v. Eagle Mountain School District

Technology & Marketing Law Blog

MARCH 3, 2022

The school moved to dismiss on fair use grounds, and the district court granted the motion and awarded attorneys’ fees to the school. (I Bell appealed to the Fifth Circuit, which easily affirms the fair use dismissal and attorneys’ fees. Nature of the Use. ” Bell sued anyways. Nature of the Work.

Fair Use

Fair Use Litigation Marketing Marketing

3 Count: Levitating Lawsuit

Plagiarism Today

MARCH 3, 2022

However, the lower court tossed the lawsuit, saying that the use was a fair use, and awarded the school some $10,266.37 The decision was heavily swayed by the fact that Bell is a “serial litigant” that has filed dozens of similar lawsuits over the course of a decade.

Settlement

Settlement Copyright Infringement Licensing Fair Use

3 Count: No Impact

Plagiarism Today

AUGUST 25, 2021

1: Google/Oracle Doesn’t Affect Warhol Fair-Use Ruling, 2nd Circ Says. Recently, the Supreme Court ruled in favor of Google, granting a broader fair use exemption to computer code. In that case, they found that Warhol’s use of her photographs of Prince in an artistic piece was not a fair use.

Fair Use

Fair Use Plagiarism Settlement Licensing

Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)

Technology & Marketing Law Blog

MARCH 29, 2023

At an initial conference on January 23, 2023, the parties reached a settlement and asked to dismiss the claim. The Final Determination notes that Oppenheimer feels entitled to a licensing fee, even though he has not sold this photograph, and suggests that he is entitled to $2,775 a year for the use of the photograph.

Blogging

Blogging Fair Use Copyright Copyright Notice

WIPIP Concurrent Session #5 Copyright & Culture

43(B)log

FEBRUARY 4, 2023

Mailyn Fidler, Cross-Racial Copyright Litigation in Music: Only a Paper Moon? Have Black musicians been able to use copyright litigation to push back against cross-racial appropriation (Three Boys), is it equal (Campbell v. Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license.

Copyright

Copyright Editing Settlement Music

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

LexBlog IP

APRIL 20, 2022

See Business Standard article entitled Spring cleaning in the Supreme Court: The new Chief Justice swats frivolous litigation but more measures are needed. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. So, with that background, let’s turn to our own cleaning. ’ (Op.

Intellectual Property

Intellectual Property Music Copyright Fair Use

Intellectual Property Pulse

Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. IJR

5th Cir affirms fair use on a motion to dismiss, fee award to D

Trending Sources

Are Memes Dangerous?

HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

Are Courts Finally Getting Fed Up With Copyright Shakedowns?

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Using AI Artwork to Avoid Copyright Infringement

Fair Use Protects High School’s Use of Inspirational Meme–Bell v. Eagle Mountain School District

3 Count: Levitating Lawsuit

3 Count: No Impact

Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)

WIPIP Concurrent Session #5 Copyright & Culture

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

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