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. The District Court also found that the use was not fair use.

Fair Use 52

Fair Use Copyright Licensing Copying 52

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

A&E Television Networks, LLC v. 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?

Social Media 59

Social Media Copying Fair Use Advertising 59

LexBlog IP

OCTOBER 25, 2023

The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before. ” With a mixed bag present on the substantial similarity analysis, the District Court moved on to looking at fair use itself. .” Let’s see why.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

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. Several had appeared in magazines, advertising campaigns, television episodes, and films.

Social Media 49

Social Media False Advertising Advertising Advertising 49

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). (An

Copyright 87

Copyright Social Media Licensing Publishing 87

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. Signal 23 Television v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Registration 110

Registration Fair Use Copyright Designs 110

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. To ‘display’ a work means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process.” 3d at 1160.

Blogging 95

Blogging Copying Social Media Copyright 95

IP and Legal Filings

JANUARY 13, 2023

In the first instance, the plaintiff claimed that the defendants had appropriated the opening line of the well-known Bollywood song “Kajra Re Kajra Re” for use in a television commercial. ” The plaintiffs in both of these cases alleged that the defendants violated their copyright in the sound recordings. Conclusion.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

JIPL Online

APRIL 9, 2021

Memes utilize pop culture content, such as movies, television shows, and other various forms of media, often in a parodic way. Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] By: Taylor Bussey.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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

LexBlog IP

APRIL 13, 2022

On November 16, 2021, film and television studio Miramax, LLC (“Miramax”) sued Tarantino and his company Visiona Romantica, Inc. 26] The defendants denied many of the allegations in the complaint, and asserted several affirmative defenses, including that the NFTs fell under the fair use exception to the Copyright Act. [27]

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

SpicyIP

NOVEMBER 19, 2023

The defendant argued that since the plaintiff’s work was exhibited in public its reproduction will fall under the ambit of fair use. VIII, Issue I [Submit by January 7, 2024] NLU Jodhpur’s Journal of Intellectual Property Studies is inviting original, unpublished manuscripts for publication for its upcoming issue.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

SpicyIP

DECEMBER 30, 2023

Relying extensively on the rationale of the Single Judge’s order, the Division Bench held that Section 31D specifically deals only with Radio and Television Broadcasting. Social Media platform Humans of Bombay filed a case against a similar platform- People of India alleging copyright infringement and replication of their business model.

IP 124

IP Copyright Trademark Intellectual Property 124

Copyright Lately

DECEMBER 12, 2022

(If you thought the Bret Kavanaugh hearings were riveting, picture a C-SPAN camera trained on a 19-inch tube TV as a room full of geriatric senators are forced to sit through “Hot For Teacher” and “We’re Not Gonna Take It” on live television.). “Clean,” “Pretty” and Fair.

Copyright 105

Copyright Music Fair Use Social Media 105

Technology & Marketing Law Blog

JUNE 21, 2023

As Professor Farley and I discuss in Part II of our paper, several circuits require a commercial use of the mark for infringement (or an exception for noncommercial speech) and dismiss lawsuits without applying all of the likelihood of confusion factors if the unauthorized use of the mark is not commercial speech. Redbubble, Inc. ,

Trademark 99

Trademark Blogging Trademark Law Fair Use 99

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