LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

LexBlog IP

MAY 3, 2022

The WIN Passage is subject to a separate copyright registration and he offers licenses for its use. Bell waited almost a year to notify the school that two of its social media accounts had infringed the copyright. The school district invoked the fair use defense and moved to dismiss the claim for failure to state a claim.

Fair Use 52

Fair Use Social Media Copyright Marketing 52

43(B)log

APRIL 26, 2023

Copyright infringement: This was permissible comparative advertising, which is fair use: [I]t is clear that IDT used the images to compare its own Texas post drivers to the Montana post drivers sold by Creager, even if IDT’s advertisement does not include a picture or image of its own product. The ads used the entire images.

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Fair Use Advertising Advertising False Advertising 64

Art Law Journal

JULY 31, 2020

Knowing more about copyright and fair use will help you determine what is yours to use and what is off limits. Nicole Martinez.

Fair Use 73

Fair Use Blogging Copyright Social Media 73

Technology & Marketing Law Blog

JUNE 2, 2022

She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. Nature of Use. It wasn’t possible to use only a portion of the photo to depict melancholy, so I guess the court is saying Kat Von D should have picked a different image altogether? This factor weighs against fair use.

Copyright 143

Copyright Social Media Fair Use Licensing 143

The IP Law Blog

SEPTEMBER 30, 2022

Posting copyrighted images or photos on your website or social media. Using a copyrighted song, or portion of a song, in a presentation, at an event, on your website, or on social media. Modifying an image or photo and using it in a presentation, brochure, on your website, or on social media.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

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 105

Fair Use Social Media Copyright Copyright Infringement 105

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. The TV production is licensed to Sony LIV and was a huge success. However, as often happens with popular media, pirated footage was readily available too.

Social Media 124

Social Media Copyright Infringement Ownership Fair Use 124

Plagiarism Today

APRIL 19, 2022

First off today, Joe Tidy at the BBC reports that the City of London Police have arrested three people and shuttered the website of a group that was running an unauthorized clone of Club Penguin, the Disney social media site/game that shuttered in 2017. The terms of the settlement have not been disclosed.

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Social Media Settlement Fair Use Plagiarism 196

IPilogue

OCTOBER 12, 2022

Barlow and Bear went on to become viral sensations on social media and Grammy-winning artists (2022 Best Musical Theatre Album) for their production. Netflix has responded that “ Barlow & Bear’s conduct began on social media, but stretches ‘fan fiction’ well past its breaking point. District Court in D.C.

Intellectual Property 105

Intellectual Property Social Media Music Fair Use 105

JD Supra Law

SEPTEMBER 2, 2022

Genteman discussed best practices and evaluating practical risks, by exploring common copyright issues encountered by in-house counsel, including photo licenses and releases, using music, posting to social media, dealing with copyright trolls, and fair-use basics. By: Kilpatrick Townsend & Stockton LLP

Social Media 52

Social Media Fair Use Music Licensing 52

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

Copyright Lately

OCTOBER 2, 2023

It’s time to start paying attention though, because a Delaware District Court judge just ordered this low-profile AI case to trial, largely denying the parties’ motions for summary judgment on copyright infringement and fair use (read the opinion here). These copies, Ross claims, are fair use. Thomson Reuters v.

Fair Use 96

Fair Use Copyright Copying Copyright Infringement 96

The IP Law Blog

OCTOBER 13, 2022

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. Take Two had good reason to believe in its implied license defense.

Fair Use 98

Fair Use Copyright Licensing Copying 98

LexBlog IP

SEPTEMBER 30, 2022

Posting copyrighted images or photos on your website or social media. Using a copyrighted song, or portion of a song, in a presentation, at an event, on your website, or on social media. Modifying an image or photo and using it in a presentation, brochure, on your website, or on social media.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

Copyright Lately

SEPTEMBER 26, 2022

That order actually topped my list of the 5 Worst Copyright Decisions of 2020 because, by sending the case to a jury, the court effectively ruled that anyone with a tattoo is not in control of the uses to which his or her likeness is put. Implied License and Fair Use Are the Key Remaining Defenses. There’s a lot at stake.

Fair Use 86

Fair Use Licensing Ownership Copying 86

LexBlog IP

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 52

Fair Use Cease and Desist Social Media Art 52

IPilogue

OCTOBER 1, 2022

Sedlik claims that Kat Von D infringed the copyright protection of his iconic photograph of world-famous jazz musician Miles Davis (“Davis”) when she tattooed the image onto a client’s body without authorization and posted photos of the tattoo on social media. Fischer found triable issues on substantial similarity and fair use.

Copyright Infringement 130

Copyright Infringement Fair Use Art Copyright 130

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. The court held that the photographer, and not the group or other members, held the copyright, so the group’s posting of the photos to social media could infringe.

Copyright 125

Copyright Fair Use Licensing Ownership 125

Plagiarism Today

SEPTEMBER 28, 2021

I understand a lot of you may be upset that I saw a photo on social media and loved it enough to imitate it in a very different style. ” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works. Bottom Line.

Fair Use 230

Fair Use Non-Fungible Tokens Copyright Social Media 230

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 93

Blogging Social Media Television Fair Use 93

LexBlog IP

OCTOBER 13, 2022

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. Take Two had good reason to believe in its implied license defense.

Fair Use 52

Fair Use Copyright Licensing Copying 52

Technology & Marketing Law Blog

SEPTEMBER 18, 2021

The plaintiffs gave Instagram a license to display the photos. Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act. Court Definitively Rejects AFP’s Argument That Posting a Photo to Twitter Grants AFP a License to Freely Use It — AFP v. Update: I got this cleared up. The complaint.

Copyright 118

Copyright Copyright Infringement Social Media Licensing 118

Copyright Lately

SEPTEMBER 12, 2022

Vila licensed his photo to various online and print publications for use in articles about Shayk. Otherwise, Vila asserted, “no photographer could ever take a picture of any individual wearing any item of apparel or accessories without obtaining licenses or waivers from any and all rightsholders in such apparel or accessories.”

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

Technology & Marketing Law Blog

AUGUST 29, 2022

How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws? Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v.

Editing 90

Editing Social Media Blogging Advertising 90

Art Law Journal

MARCH 13, 2018

For years, videographers have used music as a backdrop in their films, short videos, and documentaries. The law around music licensing is pretty clear: a license is required to use copyrighted music in a video. Steve Schlackman. This has been a standard practice since the dawn of music recordings.

Music 52

Music Licensing Copyright Law 52

Copyright Lately

AUGUST 2, 2022

Multiple times throughout June and July 2022, Netflix informed Barlow & Bear’s lawyers that their July 26 performance wasn’t authorized and would give rise to claims for willful copyright and trademark infringement unless they negotiated a license—which Netflix was willing to do. A Musical Parody ” and “ Friends!

Music 105

Music Derivative Work Fair Use Cease and Desist 105

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. Verizon Media, Inc., 2K Games, Inc. ,

Copyright 95

Copyright Social Media Copyright Infringement Publishing 95

Velocity of Content

SEPTEMBER 9, 2021

In this post, I’m looking at the vast domain of the YouTube video & social media platform —which, lest we forget, is a major division of Google/Alphabet — and how its copyright aspect manifests in options for individual contributors (“YouTubers,” in the jargon). The issue may be the whole video or it may be an embedded portion.

Copyright 113

Copyright Social Media Licensing Publishing 113

Technology & Marketing Law Blog

DECEMBER 15, 2021

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. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions.

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Registration Fair Use Copyright Designs 113

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. It gives an individual the exclusive right to license the use of their identity for commercial promotion.

Music 73

Music Social Media Copying Derivative Work 73

Technology & Marketing Law Blog

AUGUST 1, 2023

On the other hand, professional photographers have to make a living by licensing their photos to publishers (and other intermediaries) who are willing to pay them to reproduce and display those photos. The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use.

Blogging 96

Blogging Copying Social Media Copyright 96

JIPEL Copyright Blog

MARCH 9, 2022

The museum industry, it would seem, is taking note of technology’s growing role in its operations, particularly in regards to visitor engagement and staying relevant in a social media-driven society where declining visitation rates have only been exacerbated by the ongoing pandemic.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

Kluwer Copyright Blog

FEBRUARY 2, 2023

A journalist used Midjourney to illustrate an article in The Atlantic and was attacked on social media for not hiring an illustrator. Text and data mining There is wide disparity in the scope of exceptions in national copyright laws permitting copying for the use of training AI.

Copyright 145

Copyright Art Fair Use Registration 145

43(B)log

FEBRUARY 22, 2022

Unique expertise on code too; code is different from photos, music, videos; some of the most valuable code on GitHub is licensed openly. Remediation not removal is often the goal—changes to the code rather than removing often resolves the problem, e.g. addressing violation of open source license by adding attribution etc.

Copyright 45

Copyright Fair Use Music Licensing 45

43(B)log

MAY 22, 2023

Appellants, current and former professional models, appealed their summary judgment loss on a variety of claims arising from the use of their images in social media posts promoting a “gentlemen’s club” operated by EIE. Their social media footprints range from several thousand to a few million followers.

Social Media 49

Social Media False Advertising Advertising Advertising 49

Copyright Lately

OCTOBER 24, 2022

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. In 1997, the Second Circuit reversed the district court’s finding that BET made fair use of Faith Ringgold’s “Church Picnic Story” quilt.

Artwork 88

Artwork Copyright Infringement Copyright Art 88