LexBlog IP

MAY 3, 2022

He markets the books through online retailers and his own website. 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.

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Fair Use Social Media Copyright Marketing 52

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 79

Copyright Fair Use Social Media Artwork 79

43(B)log

APRIL 26, 2023

The parties compete in the market for skid steer attachments and other products. The nature of the work didn’t disfavor fair use, since they were not particularly “creative or artistic” but were made to sell post drivers. The ads used the entire images. The “most important” factor was market effect, and there was none.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

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

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 142

Copyright Social Media Fair Use Licensing 142

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 126

Social Media Copyright Infringement Ownership Fair Use 126

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.

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Trademark Social Media Advertising Advertising 91

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

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 95

Fair Use Copyright Copying Copyright Infringement 95

Technology & Marketing Law Blog

JULY 12, 2022

e-personation case (an edge case from a different era), and the decade-old social media e-discovery cases (mainstream CivPro by now). Taylor about true threats on social media. The Florida and Texas social media censorship laws and the associated court challenges. Note About Fair Use.

Editing 139

Editing Law Social Media Privacy 139

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

TorrentFreak

JANUARY 2, 2022

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. Mark believes his work is allowed under fair use but that didn’t seem important to Toei.

Social Media 137

Social Media Fair Use Copyright Infringement Copyright 137

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

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

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 96

Copying Copyright Infringement Fair Use Social Media 96

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

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). 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? Blog Posts.

Editing 88

Editing Social Media Blogging Advertising 88

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

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 101

Blogging Trademark Fair Use Trademark Law 101

43(B)log

MARCH 14, 2024

But with nominative fair use, courts engage in more unfair competition/normative reasoning. When a court finds that a use went beyond identifying to suggesting a connection, it often doesn’t use any of the factors that empirically we might use to figure out if that was true. It just wasn’t enough.

Advertising 69

Advertising Advertising Music Fair Use 69

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 124

Copyright Fair Use Licensing Ownership 124

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.

Fair Use 96

Fair Use Copying Television Social Media 96

Copyright Lately

SEPTEMBER 26, 2022

Implied License and Fair Use Are the Key Remaining Defenses. With the de minimis defense out of play, this leaves defendants to argue implied license, fair use, waiver and estoppel. Defendants also plan to assert that the use of Orton’s likeness in WWE 2K (tattoos and all) is a protected fair use of Alexander’s designs.

Fair Use 86

Fair Use Licensing Ownership Copying 86

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 91

Copyright Social Media Copyright Infringement Publishing 91

Technology & Marketing Law Blog

AUGUST 2, 2021

I did not add coverage of the Florida social media censorship law or NetChoice v. Note About Fair Use. Weis Markets. The post Announcing the 2021 Edition of My Internet Law Casebook appeared first on Technology & Marketing Law Blog. Register.com v. Verio (Trespass to Chattels section). CSC (2d Cir.).

Editing 145

Editing Law Privacy Contracts 145

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. Related posts.

Copyright 115

Copyright Copyright Infringement Social Media Licensing 115

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

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

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

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 105

Music Derivative Work Fair Use Cease and Desist 105

43(B)log

JUNE 26, 2023

Media critics allegedly readily observed that the new show was “a clone of A&E’s Live PD,” and that “On Patrol: Live is Live PD.” Fan reactions on social media included “Ok. Query: what percentage of social media comments about On Patrol: Live does this represent? So they’re in the same online video market.

Social Media 59

Social Media Copying Fair Use Advertising 59

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.

Copyright 145

Copyright Art Fair Use Registration 145

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 110

Registration Fair Use Copyright Designs 110

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 94

Fair Use Litigation Marketing Marketing 94

43(B)log

MAY 2, 2022

It used Chanel marks and indicia, such as Chanel artwork and images of Chanel runway shows, in advertisements and displays featured in-store and on its webpages, social media, and direct-to-consumer emails. Until 2017, it also used the hashtag #WGACACHANEL in its social media posts.

False Advertising 59

False Advertising Advertising Advertising Social Media 59