The IP Law Blog

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 104

Music Fair Use Copyright Reporting 104

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

TorrentFreak

APRIL 7, 2024

Fingerprint, Find, and Report New York-based tech company WebKyte recognizes the potential and has developed a technology that might be able to fill the gap one day. However, they all aim to operate legally and, if rightsholders report pirated content, the platforms will take it down.

Copying 92

Copying Copyright Infringement Fair Use Social Media 92

IP and Legal Filings

MARCH 5, 2024

Trademark Infringement in the Digital Landscape The internet and digital technology have enabled new types of trademark infringement through channels such as cybersquatting, keyword advertising, and social media misuse, making it more challenging for companies to safeguard their intellectual property rights.

Trademark 87

Trademark Social Media Advertising Advertising 87

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

IP and Legal Filings

JULY 31, 2021

Even more so, Greenpeace’s website also uses the tagline “Australia’s Greatest Liability” in its website, social media posts, posters, banners, and other paraphernalia using the AGL’s logo and even an altered version of its logo. Fair Dealing. Defense of Fair dealing. Image Source: gettyimages].

Social Media 98

Social Media Fair Use Copyright Copyright Law 98

Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir.

Fair Use 136

Fair Use Privacy Copyright Technology 136

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

Copyright Lately

DECEMBER 29, 2021

But the Ninth Circuit held that expert testimony “would be particularly useful” in determining the extent to which the plaintiffs’ claimed similarities were in fact “pirate-movie tropes” and remanded the case. Wilmott Storage Services. I wrote back in September about the Ninth Circuit’s ruling in Bell v.

Copyright 115

Copyright Fair Use Social Media Copying 115

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

Copyright Lately

SEPTEMBER 12, 2022

In the alternative, Vila asserted that his reproduction of Deadly Doll’s copyrighted work in connection with the photograph of Shayk was protected by the fair use doctrine. 17 U.S.C. § The result, claimed Vila, would be no less than the “demise of photography as an art form.” Paging Section 113(c).

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

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 ).

Copyright 145

Copyright Art Fair Use Registration 145

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

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 90

Blogging Social Media Television Fair Use 90

TorrentFreak

MARCH 19, 2024

As reported yesterday , the decision was cited in the ongoing legal battle between book publishers and the Internet Archive. “At most, The Times’s allegations establish Microsoft’s awareness that someone could use a GPT-based product to infringe. Instead, it mostly sticks to its original claims.

Copyright Infringement 91

Copyright Infringement Television Copying Social Media 91

Plagiarism Today

DECEMBER 14, 2021

According to YouTube’s Copyright Transparency Report , the site receives more than 4 million copyright claims every day. Rules around fair use, notice and takedown and so forth are replaced by bots that are incapable of understanding the nuances of the law itself. This has put YouTubers in a bind.

Plagiarism 257

Plagiarism Social Media Copyright Fair Use 257

SpicyIP

AUGUST 22, 2022

The bulk of the judgement focussed on the non-commercial social-commentary aspect of the game to carve out an exception for such use, which may result in future courts holding non-commercial use as a necessary condition. The Indian counterpart of fair use in trademark law is embodied in Section 30 of the Trade Marks Act, 1999.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

TorrentFreak

MAY 16, 2022

After researching thousands of DMCA notices and reporting on hundreds of copyright lawsuits, more often than not it takes just a few seconds or minutes to broadly establish the purpose of any action. Neither does the group chase down people who share its music in a friendly way on social media or file-sharing networks.

Fair Use 122

Fair Use Copyright Litigation Music 122

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

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

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

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

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. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Registration 111

Registration Fair Use Copyright Designs 111

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

43(B)log

FEBRUARY 22, 2022

Designed to be freely available licensed or public domain; we occasionally use fair use images where no free image is available, such as when a famous work has been destroyed. Not only are some services different from social media, one social media platform may differ very much from each other.

Copyright 45

Copyright Fair Use Music Licensing 45

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

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 87

Music Copyright Copying Copyright Law 87

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. The costs of preventing the harm are grandiose when compared to the actual harm that use of copyrighted material in memes causes.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

43(B)log

FEBRUARY 18, 2022

Even where permission not legally required, thought was better results due to advances in technology—social media influencing: the advertiser wants customized content. A: History differs a lot—US foundation for ROP was set much earlier. You can cluster fair use cases. Video games: want motion capture.

Fair Use 59

Fair Use Contracts Litigation Copying 59

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. This left only the fair use defense remaining for the jury.

Fair Use 80

Fair Use Designs Design Licensing 80

TorrentFreak

OCTOBER 7, 2023

Copyright complaints kept coming in and increased in volume compared to the same period last year, the site’s latest mid-year transparency report shows. 1169% Increase in User Access Requests Before, going into the copyright infringement report it is worth pointing out a statistic that was directly triggered by the new API policy.

Copyright 96

Copyright Copyright Infringement Fair Use Reporting 96

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 79

Fair Use Art Copyright Social Media 79

IP and Legal Filings

APRIL 19, 2022

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957.

Copyright Law 72

Copyright Law Copyright Law Copyright Infringement 72

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