Tag Archives: copyright

using testimonials post-relationship failure can be a ROP problem

Posted on December 7, 2023 by rtushnet

McCandless Group, LLC v. COY Collective, Inc., No. LA CV 21-02069-DOC-KES, 2023 WL 8351525 (C.D. Cal. Oct. 23, 2023) The individual defendants co-founded COY in 2019 to provide creator clients with a platform to offer subscription services. COY hired MG … Continue reading →

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court finds that transferring title to mural also transferred (c); VARA and CMI claims against ad also fail

Posted on December 6, 2023 by rtushnet

Williams v. Hy-Vee, Inc., — F.Supp.3d —-, 2023 WL 3602813, No. 4:22-cv-00025-RGE-HCA (S.D. Iowa Mar. 15, 2023) Williams, a professional artist, was commissioned to paint an abstract mural on the wall of a building located in Des Moines, Iowa.  The … Continue reading →

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too much complaining about copying triggers Dastar/preemption for other claims

Posted on November 27, 2023 by rtushnet

Design Gaps, Inc. v. Hall, 2023 WL 8103156, No. 3:23-cv-186-MOC (W.D.N.C. Nov. 21, 2023) Design Gaps produces custom cabinetry for high-end homes; Hall is a former employee of Design Gaps who signed a nonsolicitation/noncompete clause but went to work for … Continue reading →

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Holly Herndon and AI in the New Yorker

Posted on November 17, 2023 by rtushnet

 Article here. I’m quoted. from Blogger http://tushnet.blogspot.com/2023/11/holly-herndon-and-ai-in-new-yorker.html

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I was on Hard Fork to talk copyright and AI

Posted on November 15, 2023 by rtushnet

 Here’s an RSS feed and a Spotify link. from Blogger http://tushnet.blogspot.com/2023/11/i-was-on-hard-fork-to-talk-copyright.html

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(c) infringement and false advertising claims against addiction treatment competitor survive, in part

Posted on November 9, 2023 by rtushnet

New Directions Program v. Sierra Health & Wellness Centers LLC, 2023 WL 7284797, No. 2:22-cv-01090-DAD-JDP (E.D. Cal. Nov. 1, 2023) Plaintiff Gust is the “principal and owner” of plaintiff New Directions and “has been an expert in the field of … Continue reading →

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New comment on a paper about YouTube and music

Posted on October 27, 2023 by rtushnet

 Here. Abstract This useful article about the effects of music on YouTube on consumption of the same music elsewhere should be understood for what it is: An empirical investigation of YouTube’s effects. It allows no conclusions about “safe harbors” both … Continue reading →

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New Jot on Article 17

Posted on October 23, 2023 by rtushnet

 I review an interesting article here. from Blogger http://tushnet.blogspot.com/2023/10/new-jot-on-article-17.html

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Microsoft’s PR agency got Gannett sued by sending it an ad for its Superbowl Ad Meter

Posted on September 7, 2023 by rtushnet

Campbell v. Gannett Co., No. 4:21-00557-CV-RK (W.D. Mo. Aug. 15, 2023) This is a copyright suit against Gannett for advertising-like use of a photo taken by Campbell of NFL coach Katie Sowers; the photo came from a screenshot of an … Continue reading →

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Online contracts, government website edition

Posted on August 25, 2023 by rtushnet

 The terms of service for this state site are interesting. Query what happens when they’re barred by the law of another state (I see no forum selection clause) or by copyright misuse. And given the specific reference to “coffee table … Continue reading →

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