Plagiarism Today

OCTOBER 25, 2021

Next up today, Andy Maxwell at Torrentfreak writes that one of the Triller lawsuits has taken a turn as the defendant accuses Triller of refusing to honor a settlement agreement and operating in bad faith during the early parts of the disagreement. 2: Triller Reportedly Agreed to Settle ‘Jake Paul’ Piracy Claim Then Returned Cash.

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Music Publishing Fair Use Journalism 200

BYU Copyright Blog

MAY 13, 2024

Chegg presented several defenses, including fair use, copyright misuse, express license, and equitable estoppel. They argued that their use of Pearsons textbook questions constituted fair use under 17 U.S.C. This process may continue further down the road if the parties do not reach a settlement by then.

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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] TRIAL CASES.

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Copyright Infringement Copyright Public Domain Derivative Work 98

SpicyIP

APRIL 15, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the India- EFTA TEPA, AP High Court’s curious findings on fair use, and Delhi High Court’s order imposing INR 1 lakh as damages on Google for failing to disclose information about their corresponding foreign applications. Read on to learn more.

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Fair Use Licensing Trademark Patent Application 59

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. First, he takes photos of recognizable musicians.

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Copyright Fair Use Settlement Designs 89

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.

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Fair Use Derivative Work Blogging Licensing 95

The IPKat

APRIL 4, 2024

Despite this, conversations in the media and some academic circles around the CAB have largely focused on its provisions relating to L&Es, especially fair use (for instance, see here , here and here ).

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Copyright Music Artistic Work Contracts 132

Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. A few plaintiffs have won default judgments (including one I blog below).

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Registration Fair Use Copyright Designs 111

SpicyIP

JUNE 26, 2023

As mentioned in an earlier post here , prior to the settlement, the Court had asked for a ‘written note of submission’ on the issue. para 30) Relied on public notice which clarified that “utilization of any sound recording…including a marriage procession and other social festivities associated… no license is required.”

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Music Licensing Settlement Copyright 98

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.”

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Artwork Copyright Infringement Copyright Art 88

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.

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Fair Use Litigation Marketing Marketing 95

JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. This is demonstrated by corporations repeatedly using memes and meme culture, albeit to varying degrees of success.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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 Finally today, Blake Brittain at Reuters reports that Oracle and NEC have reached a settlement in their dispute over NEC’s use of Oracle’s database software.

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Settlement Copyright Infringement Licensing Fair Use 211

LexBlog IP

SEPTEMBER 15, 2022

Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? On September 8, 2022, the parties filed a notice of settlement. Transfers of rights: How does the transfer of an NFT impact IP rights in the associated asset? Miramax, LLC v. Tarantino , Case No. 2:21-cv-08979, U.S.

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IP Non-Fungible Tokens Artwork Intellectual Property 52

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.

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Blogging Fair Use Copyright Copyright Notice 94

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.

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Fair Use Plagiarism Settlement Licensing 130

Nelligan Law

MARCH 25, 2024

Reading Time: 2 minutes In a courtroom drama that could rival a Warholian masterpiece, the Andy Warhol Foundation and photographer Lynn Goldsmith have finally put their legal paintbrushes down, reaching a colorful settlement that’s sure to leave both sides seeing the world through a different lens.

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Copyright Infringement Fair Use Art Settlement 82

Plagiarism Today

AUGUST 18, 2021

First off today, Joseph Menn at Reuters reports that, despite a recent settlement, Apple has appealed a lower court decision in its ongoing lawsuit against the security firm Corellium. However, a judge tossed the case, ruling that Corellium’s use was a fair use. Let me know via Twitter @plagiarismtoday.

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Settlement Copyright Infringement Fair Use Plagiarism 130

43(B)log

FEBRUARY 4, 2023

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. May also resolve through settlement. What goes on in settlement?

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Copyright Editing Settlement Music 64

43(B)log

OCTOBER 4, 2021

The court found that this was nominative fair use, which provides a defense in the Ninth Circuit when a trademarked product or service isn’t readily identifable without use of the mark, the use is no greater than necessary, and the defendant does nothing else to suggest confusion.

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IP Trademark Advertising Advertising 94

LexBlog IP

APRIL 20, 2022

As described here in a previous post: The United States Court of Appeals for the Second Circuit rejected an artistic intent or purpose test for fair use on March 26, 2021, in The Andy Warhol Foundation v. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. at 7-9) were transformative.,”

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Intellectual Property Music Copyright Fair Use 52