JD Supra Law

JUNE 17, 2022

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright infringement dispute between a paparazzo and Emily Ratajkowski, and discuss the settlement’s implications for Fair Use. By: Weintraub Tobin

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Fair Use Blogging Settlement IP 52

JD Supra Law

JUNE 17, 2022

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright infringement dispute between a paparazzo and Emily Ratajkowski, and discuss the settlement’s implications for Fair Use. By: Weintraub Tobin

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Fair Use Blogging Settlement IP 40

IPilogue

OCTOBER 26, 2021

It is composed of two phases centering on two legal issues that were trialed separately—the copyrightability of APIs and the fair use doctrine. It also ordered a second trial to determine whether Google’s use of Java API was acceptable under the fair use doctrine. Oracle appealed successfully.

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Copyright Infringement Copyright Fair Use Settlement 111

Technology & Marketing Law Blog

NOVEMBER 22, 2022

Three cases have filed a “notice of settlement,” though some of the other dismissals may reflect undisclosed settlements. Of these respondents, 39% would not accept any financial risk for an established fair use, and another 44.4% Among these scholars confident of fair-use, only 3.3%

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Copyright Fair Use Settlement Blogging 131

TorrentFreak

OCTOBER 23, 2021

That included a number of YouTube channels including the H3 Podcast, which is currently fighting back citing fair use , a defense that Triller says isn’t available. Fair Use, Innocent Infringement, Unclean Hands. The answer from De La Santos cites the doctrine of fair use as an affirmative defense.

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Reporting Settlement Fair Use Copyright Infringement 127

LexBlog IP

NOVEMBER 28, 2023

But wait, shouldn’t the Fair Use Doctrine imputed under the First Amendment apply to an obviously parodied creative work? Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here? Yes and no. All meme-like images in this article are properly licensed. What about meme generators?

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Fair Use Intellectual Property Settlement Business 52

Nelligan Law

FEBRUARY 20, 2024

Entertainment furnish invaluable insights into how the subtleties of copyright law and the doctrine of fair use are navigated differently in the context of tattooing, reshaping the legal terrain for artists and copyright custodians alike. Conversely, the confidential settlement reached in S. Victor Whitmill vs. Warner Bros.

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Copyright Fair Use Copyright Law Settlement 79

Plagiarism Today

APRIL 19, 2022

The court, in this case, rejected the test as well as Newsweek’s fair use arguments. The terms of the settlement have not been disclosed. The case was seen as one of the major challenges to the “server test”, which looks at where an image or piece of content is hosted, not how it appears on the final website.

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Social Media Settlement Fair Use Plagiarism 209

Plagiarism Today

SEPTEMBER 15, 2021

Fair Use: Since the questions at issue only make up a small portion of the textbooks at issue, Chegg may argue fair use. To make matters worse for Chegg, companies engaged in behavior seen as “unethical” by the courts, often struggle to make fair use arguments.

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Copyright Infringement Copyright Derivative Work Fair Use 238

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 197

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

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. The settlements are confidential.]

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Copyright Fair Use Settlement Designs 87

TorrentFreak

APRIL 5, 2023

In their November 2021 answer to the complaint, the four men denied the copyright infringement allegations and cited fair use among other affirmative defenses. What followed was a series of requests for time extensions and a note to the court on February 6, 2023, indicating that a settlement had been agreed in principle.

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Copyright Infringement Settlement Reporting Fair Use 129

TorrentFreak

SEPTEMBER 30, 2021

courts, collecting millions of dollars in settlements. These include misuse of copyright, fair use, unclean hands, and excessive damages. In recent years, adult entertainment outfit Malibu Media has often been described as a copyright-trolling operation. but in recent years this activity ground to a halt. Fifteen in total.

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Copyright Settlement Litigation Fair Use 131

IP Law 360

AUGUST 11, 2021

has reached a settlement to end a copyright lawsuit against a startup that created a "virtual" version of iPhone to detect potential bugs, months after a judge ruled that the research tool was a fair use.

Copyright 40

Copyright Fair Use Settlement 40

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

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

MARCH 7, 2024

Finally, in "The TRIPS Agreement and the Sustainable Disposal of IP-Infringing Goods - Lessons from WTO Dispute Settlement Cases," Wolf R. The analysis concludes with a review of recent US cases.

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Intellectual Property False Advertising Editing Settlement 57

BYU Copyright Blog

SEPTEMBER 6, 2021

However, Lehren claims that it would characterize the copied text “as limited and immaterial[,]” and asserts that the, "copying falls within the Fair Use exception to infringement."Lehren On June 13, 2021, Lehren filed its Answer wherein it admitted that it “copied a limited amount of text.”

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Copying Fair Use Advertising Advertising 52

SpicyIP

AUGUST 22, 2022

His order does not restrain Mattel from filing an infringement suit which is probably why the studio decided to change the songs name as part of a settlement deal with Mattel. The Indian counterpart of fair use in trademark law is embodied in Section 30 of the Trade Marks Act, 1999. C) Any non-commercial use of a mark.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. 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.

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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

TorrentFreak

MAY 16, 2022

McFree filed a motion to quash, arguing that any use of Watch Tower material was protected under the doctrine of fair use. The judge found that McFree’s use of Watch Tower content amounted to parody, criticism and commentary, and was therefore protected under the doctrine of fair use.

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Fair Use Copyright Litigation Music 122

Likelihood of Confusion

AUGUST 19, 2021

The IMPACT® blog reports a settlement in the Second Life dispute. Originally posted 2010-03-28 10:00:14. Republished by Blog Post Promoter. The post Second Life case settles appeared first on LIKELIHOOD OF CONFUSION™.

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Settlement Blogging Reporting Fair Use 52

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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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. ” However, for every “ Hey, that’s my church picnic quilt! .”

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Artwork Copyright Infringement Copyright Art 87

TorrentFreak

FEBRUARY 1, 2024

In summary, H3 says that when it showed the fight along with biting commentary on YouTube, that was fair use, even though the video shown was sourced from a pirated copy of the PPV event. Convoluted Lawsuit Finds Knockout Punch Elusive More detailed background on the case is available here. For its part, Triller disagrees, bitterly.

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Copyright Infringement Advertising Advertising Copyright 75

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. Nevertheless, when the issue popped up before the Court again in Ten Events and Entertainment v. Novex Communications Pvt.

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Music Licensing Settlement Copyright 98

SpicyIP

NOVEMBER 17, 2023

Nevertheless, awareness about dispute settlement strategies can minimise the economic and legal costs of ignoring IPR law. Understanding IPR law enables “legally aware entrepreneurs/techno-entrepreneurs” to navigate these complex transactions and negotiate favourably.

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Intellectual Property Technology IP Law 105

SpicyIP

NOVEMBER 26, 2022

To dwell into the same, this post will restrict its analysis to the copyrightability of the impugned data as the same is the most popular reserve to protect data and NSE’s officers’ statement that they in particular do not have a problem with genuine educational platforms depicts a digression towards fair use exemption.

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Copyright Cease and Desist Copyright Law Copying 105

SpicyIP

FEBRUARY 27, 2024

On the trademark side, relevant is this post by Bhavya Solanki and Medha Bhatt discussing the applicability of the fair use provisions of trademark law to the unauthorized use of trademarks in the virtual world. Speaking of the virtual world and connected stuff in today’s time, one shouldn’t miss the blockchain.

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Non-Fungible Tokens Copyright Business Moral Rights 59

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 209

LexBlog IP

SEPTEMBER 15, 2022

On September 8, 2022, the parties filed a notice of settlement. January 2022: Rapper Lil Yachty (real name: Miles Parks McCollum) sues NFT seller Opulous for trademark infringement based on Opulous using his name and likeness as part of a “Lil Yachty NFT Collection” advertising access to his new music. .”

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IP Non-Fungible Tokens Artwork Intellectual Property 52

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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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 CCB in the Final Determination sidesteps that issue, and looks to Prutton’s two defenses: fair use and unclean hands. Fair Use: From my perspective, the fair use analysis is what I’ve been waiting for.

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Blogging Fair Use Copyright Copyright Notice 94

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. xxii] Keyboard Cat Wins a Settlement with Maker of the Game “Scribblenauts” , THE SPOKESMAN-REV. Minc Law (Sept. 1, 2013), [link]. xxv] U.S.

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Copyright Infringement Copyright Intellectual Property Blogging 98

BYU Copyright Blog

MARCH 21, 2022

Eagle Mountain-Saginaw School District saga reported that a Texas court sided with Eagle Mountain and ruled that its tweets constituted fair use. its February 25, 2022, Opinion, the Fifth Circuit ruled on whether the tweets constituted fair use considering the four factors of fair use.

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