Posts filtered by tags: Copyright[x]


Marshmello Defeats Arty’s Copyright Suit Over ‘Happier’

A judge has rejected a copyright lawsuit that claimed that Marshmello’s 2018 hit “Happier” infringed on an earlier song. Arty, a Russian DJ whose legal name is Artem Stoliarov, filed suit in 2019, claiming that Marshmello’s song ripped off the synthesizer melody from his 2014 remix of the song “I Lived.” Arty was represented by […]
Tags: News, Copyright, Happier, Marshmello, Arty, Artem Stoliarov

Section 230 Preempts Contract Breach Claims–Morton v. Twitter

This case involves the model Genevieve Morton. She created nude images and sold them at her website. An interloper, SpyIRL, tweeted some of the images. Morton asked Twitter to remove the images and suspend the accounts. Twitter removed the images but didn’t immediately remove the associated tweets or suspend the accounts. Morton sued SpyIRL and Twitter for the following claims: copyright, FOSTA, publicity rights, Lanham Act false advertising, privacy invasion, defamation, “contractual fraud,” N...
Tags: Google, Facebook, Twitter, Yahoo, Law, Youtube, Court, Paypal, Copyright, Noah, Aol, Enigma, Ucl, Zillow, Grindr, Malwarebytes

Google prevails in long-running fight to establish API fair use

Oracle and Google's fight over the latter's reimplementation of an API was a long haul, and things often looked hairy due to the complexities involved and the difficulty of defining the differences between interfaces and executable code, then matching that distinction to the sprawling convolutions of intellectual property. — Read the rest
Tags: Google, Post, News, Law, Copyright, Oracle v Google

Balan Wonderworld Accused of Plagiarizing Ghostbusters Song

The moderately received Balan Wonderworld has been subjected to accusations of plagiarism as it was discovered one of its songs is similar to a piece written for one of the Ghostbusters movies, certain to have many confused as to how the composer thought they could get away with such a thing (if they were indeed […]
Tags: Games, Music, Copyright, Plagiarism, Anime, Ghostbusters, Comparison, Balan Wonderworld

Metroid Prime 2D Fan-Game Boasting Top Tier Quality

A 2D interpretation of Metroid Prime has surfaced courtesy of fan-group Team SCU, with “Prime 2D” (titled specifically to avoid drawing the attention of the overly protective Nintendo) boasting stellar pixel art and hoping to deliver an experience similar to that of the original game, albeit from a 2D perspective. Initially teased as an April […]
Tags: Games, Parody, Copyright, Nintendo, Dmca, Anime, Demo, PV, Metroid, Team SCU

Udemy Qualifies for 512(c) Safe Harbor for User-Uploaded Courses–Kinsley v. Udemy

This case involves two videos by Kinsley that third parties uploaded to the education site Udemy. Udemy promptly honored Kinsley’s takedown notices, but he sued anyways. In a fairly efficient opinion, the court grants summary judgment that Udemy qualifies for the Section 512(c) safe harbor. Some of the statutory analysis: Service Provider. Udemy “provides online services to its users in the form of its courses.” Standard Technical Measures. “There is nothing in the record to indicate that Udemy ...
Tags: Law, Court, Copyright, Udemy, Kinsey, Westlaw, Kinsley, Derivative Liability, Udemy Inc, Standard Technical Measures, Control Udemy

Court orders new trial in Zillow-VHT listing photo saga

After nearly six years, court will decide whether real estate behemoth willfully infringed on thousands of photos.
Tags: Technology, Copyright, Copyright Infringement, Radio, Intellectual Property, Zillow, James L Robart, Select, VHT Studios, Zillow Digs, VHT, Real Estate Photography, Brian Balduf, Listing Photos, Zillow VHT

What is piracy? Here's what you need to know about digital piracy, and how to avoid stolen digital content

Everyone should be careful to steer clear of illegally pirated content online. Gorkem Yorulmaz/Getty Images Piracy is an illegally copying of protected content that infringes on the owner's copyright. There are a range of reasons why people pirate, including a philosophical desire for all digital data to be free. Content is commonly pirated through peer-to-peer networks like BitTorrent as well as cloud services, illegal streaming sites, and online auctions. Visit Insider's Tech Re...
Tags: Google, Ebay, Disney, Trends, Copyright, Drm, Piracy, Bittorrent, Don, Napster, Dave Johnson, Digital Rights Management, Tech Insider, Illegal Downloading, Online Piracy, Illegal Streaming

Blogger Loses Copyright Ruling Over Photo…But No Mention of the CC-BY-SA License!–Von Der Au v. Imber

Von Der Au is a professional photographer. The photographer took a photo of the Semperoper opera house in Dresden, Germany. The defendant blogs at and republished the photo in a post. The court claims the “value of a license to use the Photograph is approximately $900.” The photographer obtained a copyright registration 6 years after first publication–so statutory damages and attorneys’ fees should be off the table. Because the registration was more than 5 years after publi...
Tags: Google, Law, Copyright, San Antonio, Sanders, Dresden Germany, Wikimedia Commons, Reiner, Liebowitz, Evidence/Discovery, CCB, Philpot, Imber, Alternet Media Guest Blog Post, Copyright Claims Board CCB, Von Der Au

Check Your YouTube Videos for Potential Flags With This Tool

YouTube has a copyright issue. While the platform’s AI-powered Content ID prevents illegal uploads of copyrighted material, it often hits legitimate creators with copyright claims even if they haven’t violated YouTube’s policies. Thankfully, the company is adding a new “Checks” tool that can help you spot potential…Read more...
Tags: Google, Youtube, Copyright, Software, Computing, Lifehacks, Mashup, Copyright Law, Content Id, Alphabet Inc, Digital Rights Management, Entertainment Culture, Technology Internet, Criticism Of Google, Threshold Of Originality

We Are Social’s Monday Mashup #532

TikTok will no longer let people opt out of personalised adsPrefer not to see personalised ads? Well if you’re a TikToker, soon you won’t have much of a choice, This means you will start getting ads in the app based on the kind of content you engage with, whether you want them or not. Currently, TikTok has a setting that allows users to choose whether the ads they see will be based on their in-app activity. This will change from April 15th but people will still be able to control whether the a...
Tags: Facebook, Instagram, Youtube, Berlin, Seo, Copyright, United States, Ads, Mashup, Twitch, Giphy, Tiktok, Monday Mashup, Fit Analytics, Monday Mashup 532, Substack Substack

RIP Piracy on YouTube?

Anyone with hit with a copyright claim on YouTube can probably tell you about the complicated, confusing, and drawn out hassle that comes with them. Thankfully, the platform is releasing a tool to proactively notify creators about their video’s potential copyright issues before they’re published.Read more...
Tags: Google, Science, Youtube, Social Media, Copyright, Software, Computing, Mashup, Content Id, Video Hosting, Alphabet Inc, Matt Navarra, Entertainment Culture, Technology Internet

Does Your Small Business Need a Trademark or Copyright?

One of the most important things a small business owner can do is protect its intellectual property. Registering a trademark or copyright allows businesses to protect their IP and receive… Read more » The post Does Your Small Business Need a Trademark or Copyright? appeared first on
Tags: Business, Legal, Small Business, Copyright, Intellectual Property, Trademark, Business Advice

Blogger’s Photo Republication Isn’t Fair Use–Golden v. Grecco

This case involves a photo of Lucy Lawless as Xena. The TV studio hired Michael Grecco to take the photo and paid him $25k for his services. Grecco retained the photo’s copyright, and he made the photo available for licensing through Getty. It was licensed 11 times over the years, generating a total of $3.94 in licensing fees. Golden runs a pop culture blog called “Film Combat Syndicate.” He blogged about rumors that Xena would be rebooted and included the Xena photo, which he copied from a Tumb...
Tags: Law, Copyright, Xena, Golden, Liebowitz, Lucy Lawless, CCB, Michael Grecco, Grecco, Michael Grecco Productions Inc

Pinterest Defeats Contributory Copyright Infringement Claim–Davis v. Pinterest

This is a copyright infringement case against Pinterest for allegedly infringing “pins” by users. The plaintiff alleged claims for direct and contributory copyright infringement. Pinterest moved to dismiss the claim for contributory infringement. The court grants the motion. In addition to the direct infringement by someone else (in this case, presumably the users doing the pinning), the prima facie elements of contributory infringement require that the defendant (1) know of the infringing acti...
Tags: Amazon, Pinterest, Law, Court, Copyright, Sony, Davis, Vimeo, Dmca, Enigma, Zazzle, Bmg, Umg, Capitol Records, Cox, Eric

More Confirmation That RSS Feeds Aren’t Just “Really Simple Stealing”–MidlevelU v. Newstex

The plaintiff made the full text of its blog posts available via RSS. Newstex, an aggregator, subscribed to the RSS feed as part of its “Index” service (which it ultimately discontinued because it wasn’t profitable). The service automatically generated summaries of the full-text posts and published the summaries along with a link to the original and some bibliographic information. Customers could also click on a link to see the original hosted by Newstex through its iFrames functionality. Midle...
Tags: Google, Law, Copyright, Index, Tolbert, Licensing/Contracts, MidlevelU, Newstex, MidlevelU Inc, ACI Information Group, 11th Circuit affirmed Implied License Newstex

What is FAIR?

Because I follow the Twitter feed of the erstwhile NYT columnist Bari Weiss, I noticed that there's a new group that calls itself FAIR — The Foundation Against Intolerance and Racism. Here's their video:  That's on such a high level of abstraction that it hard to understand what's really going on there. The assumption is that you'll recognize at least some of the names/faces and trust their authority. They seem to be banding together as a correction to the excesses of social-justice activist...
Tags: Law, Censorship, Copyright, Manhattan, Google News, Martin Luther King Jr, Caricatures, Ny Post, Fair, Union Square, Seuss, The Foundation, Barnes Noble, Race Consciousness, Ann Althouse, Dr. Seuss

How to Get Music for Your Podcast

The popularity of podcasting has skyrocketed. Statistics from Edison Research and Triton Digital showed that 55% of Americans age 12 and older listened to a podcast in 2020. According to 2021 Global Podcast Statistics, there are currently 1,750,000 active podcasts around the world. It seems that everyone and their…Read more...
Tags: Articles, Copyright, Copyright Infringement, Music Licensing, Lifehacks, Fair Use, Copyright Law, Patent Law, Organized Crime, Edison Research, Triton Digital, Incompetech, Intellectual Property Law, Tort Law, Entertainment Culture, Sean Mendez Catlin

IP Lawsuits Against Print-on-Demand Vendors Continue to Vex the Courts–OSU v. Redbubble & More

[This post covers three recent print-on-demand cases. After the Ohio State writeup, keep reading for more fun and confusion.] Redbubble operates in the print-on-demand industry, but it’s adopted a different organizational structure than some of its competitors. Redbubble outsources manufacturing to third-party manufacturers, leaving Redbubble to act as the front-end marketing arm for its customer-vendors. Redbubble won a remarkable ruling two years ago, where the district court held that Redbubb...
Tags: Amazon, Sixth Circuit, Law, Youtube, Ebay, Copyright, Williams, Atari, Meyer, Smith, Ohio State, Zillow, Zazzle, Trademark, King, Harley Davidson

Twitch copyright bot replaces audio stream on live Metallica concert with generic library music

Dadrock icons Metallica tried to play a live concert on Twitch, but Twitch's copyright bot detected the copyrighted material and replaced it with generic library music. the current state of Twitch: the official Twitch Gaming channel cut off the live Metallica concert to play 8bit folk music to avoid DMCA — Read the rest
Tags: Post, News, Law, Tech, Copyright, Mistakes, Metallica, Twitch, Twitch Gaming

Deliberately Playing Copyrighted Music to Avoid Being Live-Streamed

Vice is reporting on a new police hack: playing copyrighted music when being filmed by citizens, trying to provoke social media sites into taking the videos down and maybe even banning the filmers: In a separate part of the video, which Devermont says was filmed later that same afternoon, Devermont approaches [BHPD Sgt. Billy] Fair outside. The interaction plays out almost exactly like it did in the department — when Devermont starts asking questions, Fair turns on the music. Devermont backs awa...
Tags: Apple, Police, Uncategorized, Copyright, Law Enforcement, Hacking, Beverly Hills, Beatles, Fair, Bruce Schneier, Beverly Hills Police, Devermont, News Beverly Hills PD

Cops playing copyrighted music to stop video of them being posted online

On several occasions, cops have started playing popular music when they realize they're being filmed. The odd behavior has a point: they hope that copyright-strike algorithms on YouTube, Instagram and other social media sites will prevent the video being posted and shared. — Read the rest
Tags: Post, News, Cops, Copyright, YouTube Instagram

Nier: Automata Director Comments on Square Enix Fan Work Guidelines

Following in the footsteps of other companies reassessing the extent allowed by fan-created works, Square Enix has pushed out guidelines for fan works in regards to the Nier series, with franchise creator Yoko Taro being rather bewildered by some points. Much like how Studio Khara published guidelines in regards to fan works of Evangelion, Square […]
Tags: Games, Censorship, Copyright, Artists, Anime, Square Enix, Khara, Doujinshi, NieR, Yoko Taro, Evangelion Square

Sydsnap’s Video Linking to JAST USA’s Legitimate Contest Struck by YouTube

YouTube has continued its tradition of handing out false and unfair channel strikes as otaku YouTuber Sydsnap had a link directing users to a JAST USA contest in one of their videos removed, despite the fact that the contest is very much real and even confirmed to be by JAST USA themselves. Sydsnap brought attention […]
Tags: Games, Usa, Youtube, Censorship, Spam, Copyright, Anime, Visual Novels, JAST, JAST USA, Sydsnap, YouTuber Sydsnap

Popping the Bubble: Online Swag Purveyor Held Accountable For Infringement

Redbubble was attempting to exploit the Section 512 safe harbor to avoid liability for the obviously infringing items sold on its website.
Tags: Law, Copyright, Intellectual Property, RedBubble, Scott Alan Burroughs

Chicago area retailers sued over iconic David Bowie photo

Brian Duffy was an English photographer. He died in 2010 but the Brian Duffy Archive owns and enforces the copyright in his works. Defendants are small retailers around Chicago who developed and sold gift items alleged to appropriate one of Duffy’s well-known David Bowie photos. Who among us hasn’t wished for a Rebel Rebel Pouch or a Ziggy Stardust Koozie? Apparently not the Brian Duffy Archive. It has sued for copyright infringement. Plaintiff first noticed allegedly infringing work...
Tags: Photography, Law, Copyright, Copyright Infringement, Chicago, David Bowie, Duffy, Brian Duffy, Evan Brown, Duffy Archive, Duffy Archive Limited, The Found Inc

Google and Twitter Defeat Lawsuit Over Account Suspensions/Terminations–DeLima v. Google

Natasha DeLima (a/k/a “Natasha Athens”) claims that Google and Twitter have imposed various sanctions on her accounts, including suspension and termination. She alleges that Google and Twitter took these actions due to political bias against her. (This article notes some of DeLima’s “political” views–Trump, QAnon, “prominent Jewish families,” and Justice Robert’s alleged pedophilia all appear in the article). DeLima previously unsuccessfully sued Google. She tried again (pro se, naturally) with ...
Tags: Google, Facebook, Twitter, Law, Linkedin, Icann, Copyright, Johnson, Alphabet, Wilson, Robert, Perez, Lewis, Jayne, Google Facebook, Google Inc

CASE-ing the Joint: The Copyright Alternative in Small-Claims Enforcement Act (Guest Blog Post)

By Guest Blogger Tyler Ochoa [Eric’s note: Prof. Ochoa previously posted a 900 word summary of the CASE Act. This post does a 5,500 word deep dive into the law for those who want the details.] On December 27, 2020, President Trump signed into law H.R. 133, the Consolidated Appropriations Act for Fiscal Year 2021 (CAA).  The headlines focused on the $600 relief checks that will be sent to help people who have lost jobs due to the COVID-19 pandemic; but the massive legislation contains at least 12...
Tags: Law, Congress, Senate, Icann, Copyright, United States, Caa, Times, Trump, Board, Copyright Office, U S District Court, Eric, District Court, FRCP, Ochoa