TorrentFreak

JANUARY 2, 2022

I’m referring to the hugely controversial battle between Toei Animation and popular YouTuber Totally Not Mark we reported early December. Just recently, Japanese company Toei Animation used Content ID to remove around 150 of his videos claiming that the use of Toei clips infringed their copyrights.

Social Media 134

Social Media Fair Use Copyright Infringement Copyright 134

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. Acceptable Internet Use.

Social Media 97

Social Media Reporting Business Fair Use 97

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. The focus of the article is Ms.

Copyright 92

Copyright Social Media Copyright Infringement Publishing 92

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. As a bar and restaurant, the use is commercial, but is it also transformative?

Blogging 90

Blogging Social Media Television Fair Use 90

Kluwer Copyright Blog

OCTOBER 3, 2023

It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). 2000) (“ copying an entire work militates against a finding of fair use. ”).

Fair Use 136

Fair Use Privacy Copyright Technology 136

Copyright Lately

MAY 17, 2021

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. The Supreme Court’s seminal fair use decision, Campbell v. Are you sensing a pattern yet?)

Fair Use 96

Fair Use Copying Television Social Media 96

LexBlog IP

JULY 22, 2021

For example, Vice reported on a Beverly Hills police officer breaking out his phone and playing over a minute of Sublime’s “Santeria” when the officer discovered that his interaction with a well-known LA-area activist was being live-streamed by the citizen via Instagram. Why is this happening?

Music 52

Music Fair Use Copyright Reporting 52

Technology & Marketing Law Blog

APRIL 3, 2023

Professor Farley and I propose a trademark fair use defense that would apply to any informational or expressive use of language or designs claimed by another as a mark in connection with any goods or services. Grimaldi , and later adopted and expanded by the Ninth Circuit.

Blogging 102

Blogging Trademark Fair Use Trademark Law 102

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. Getty Images , Newgrounds , and PurplePort ).

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Copyright Art Fair Use Registration 145

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. Over to Despoina: Bad Bunny shoo shooes anyone liking AI-generated song replicating his style and voice – is he right?

Music 73

Music Social Media Copying Derivative Work 73

IP Tech Blog

MARCH 18, 2022

In addition to alleging trademark infringement due to Rothschild’s use of BIRKIN in METABIRKINS as the name for his NFT collection, Hermès complained that Rothschild infringed by using METABIRKINS as a domain name, as a handle on Twitter and other social media platforms, as a brand name on NFT sales platforms, and as a hashtag.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

MARCH 18, 2022

In addition to alleging trademark infringement due to Rothschild’s use of BIRKIN in METABIRKINS as the name for his NFT collection, Hermès complained that Rothschild infringed by using METABIRKINS as a domain name, as a handle on Twitter and other social media platforms, as a brand name on NFT sales platforms, and as a hashtag.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

The court also credits the self-serving claim by the successor licensee that it considered fair use by comparing the works and evaluating if the works were being sold commercially or for other purposes. OK, I guess, but this is a reminder of how hard it is to win 512(f). Paul Rudolph Heritage Foundation, 2021 WL 4482608 (S.D.N.Y.

Registration 111

Registration Fair Use Copyright Designs 111

Technology & Marketing Law Blog

DECEMBER 11, 2021

For example, if a third-party poster copies a newspaper article and posts it to their social media page, the court implies that the social media service can never assert Section 230 protection for that article–even if the third-party poster isn’t infringing copyright because of, say, fair use.

Advertising 90

Advertising Advertising Social Media Blogging 90

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. ix] Just a brief glimpse at a meme can demonstrate just how little copyright protected material is used. [x] 29, 2013), [link]. [ii]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

JIPEL Copyright Blog

MARCH 16, 2022

The most recent of them is the metaverse, and similar to what has happened to other parallel realities such as video games and social media, the metaverse is being invaded by fashion brands. Mr. Rothschild, in defense, calls himself an artist and alleges that he is protected by fair use, based on the precedents set forth by Rogers v.

Trademark 40

Trademark Non-Fungible Tokens Branding Brands 40

Technology & Marketing Law Blog

AUGUST 1, 2023

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. The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use. 3d at 1160.

Blogging 95

Blogging Copying Social Media Copyright 95

Copyright Lately

MAY 1, 2023

” On April 26, UMG held an earnings call in which it reported that revenues rose 11.5% It’s a new issue and there’s been some fresh reporting on it with some recent developments. Hit me up in the comments below or on social media @copyrightlately. year over year to $2.71 So let me break it down here.

Music 88

Music Copyright Copying Copyright Law 88

43(B)log

FEBRUARY 18, 2022

But Consumer Reports and other forced reports have a bell curve distribution. Revenue models almost always end up dependent of firms whose products are reviewed; Consumer Reports is the very rare exception. Leah Chan Grinvald: Does social media make it easier to establish secondary meaning with virality?

Copyright 69

Copyright Business Branding Brands 69

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 80

Fair Use Art Copyright Social Media 80

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 71

Fair Use Copying Publishing Copyright 71

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

Velocity of Content

AUGUST 10, 2022

Having just read a new report from the UK’s Intellectual Property Office (IPO), this tradition is at serious risk. In this way the law will go much further than US fair use (which looks closely at lost market harm such as licensing revenue — actual and potential) and the laws of the EU, which allow opt-out.

Law 116

Law Licensing Publishing Intellectual Property 116

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Miramax LLC v.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

SpicyIP

JULY 11, 2021

Varsha reported the significant development that the Delhi High Court issued a press release stating its plan to create an Intellectual Property Division (IPD) in the Delhi High Court. which mention the word/mark ‘CrossFit’ from all social media webpages [8 July 2021]. Topical Highlight. Other Posts.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

43(B)log

AUGUST 11, 2022

But there weren’t reported lawsuits against Bollywood films. There’s no record of the judgment but there is contemporaneous reporting. But there was pressure from the market: this is a business trying to make money. One company does the market research and the other follows. Banks wouldn’t give loans to filmmakers.

IP 72

IP Copying Marketing Marketing 72

SpicyIP

DECEMBER 30, 2023

The third category lists notable developments on the legislative and policy side and includes important amendments, proposals for amendments, release of policy notes and reports etc. So, if you have strong opinions on orders/judgements that you think should’ve been included in the top 10 lists, please do share them in the comments below!

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

JULY 21, 2023

When it was an authorized Axon distributor, LHB’s owner registered various domain names including taser.org and tasers.org to help it market Tasers online. On websites, emails, and mailers, LHB uses Axon’s Taser character, stylized word, and design marks, often in proximity to its own marks. But is it a nominative fair use?

False Advertising 52

False Advertising Advertising Advertising Social Media 52

43(B)log

NOVEMBER 8, 2023

In Jack Daniels, the Court claimed that the likely confusion test “does enough work to account for the interest in free expression” in the context of trademark uses. market harm, states like California that use transformativeness in 1A defenses to ROP will also see those destabilized. Tarnishment is a “happy talk” provision.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

TorrentFreak

OCTOBER 16, 2022

The scale of infringements sounds pretty outrageous for an independent creator and we were blown away when Clement showed us his daily copyright infringement battle in action. There’s a never-ending stream of infringements across social media platforms that seems impossible to stop, much like the weather.

Copyright Infringement 134

Copyright Infringement Copyright Social Media Fair Use 134

43(B)log

OCTOBER 4, 2021

At a more theoretical level, these algorithmically optimized registrations help show why applications have spiked so much—other important institutions, like Amazon and the Chinese government, are using the PTO for their own purposes.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

APRIL 7, 2023

Criteria favoring a Brussels Effect are market size controlled by regulator—a lot of firms want to compete there; regulatory capacity/institutional expertise; stringent standards. Traditionally supported a highly segmented, explicitly territorial market approach by multinationals. Very sticky. 17 v notice and takedown).

Art 45

Art Copyright Settlement Moral Rights 45

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.,”

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52

Technology & Marketing Law Blog

JANUARY 24, 2023

As part of Musk’s ElonJet crackdown, he blocked journalists for reporting on the story. This was always a tough case involving possible conflicts between Section 230 and the Fair Credit Reporting Act. Two recent key developments were the Digital Markets Act and the Digital Services Act. Henderson v. at greater risk.

Law 113

Law Social Media Government Privacy 113