Tag Archives: copyright

Reading list: Margaritha Windisch, Unveiling the Bond Between Artists and Their Work: A Vignette Study

Posted on April 3, 2025 by rtushnet

Unveiling the Bond Between Artists and Their Work: A Vignette Study 38 Pages Posted: 12 Feb 2025 Last revised: 19 Feb 2025 Margaritha Windisch Date Written: January 31, 2025 Abstract This paper empirically measures the bond between artists and their … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

game spat expands beyond false advertising to TM and (c)

Posted on February 17, 2025 by rtushnet

Skillz Platform Inc. v. Papaya Gaming, Ltd., 2025 WL 438387, 24cv1646(DLC) (S.D.N.Y. Feb. 7, 2025) Previous discussion. Skillz sued its competitor Papaya, alleging false advertising under federal and state law. Papaya counterclaimed for the same causes of action and added … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

WIPIP: Copyright: Incentives and the Digital Age

Posted on February 1, 2025 by rtushnet

Tang, Creative Labor in the Age of Platform Capitalism Theories of expressive work and creativity: lead to idea that AI training itself is not a © problem b/c it doesn’t use work expressively. Past idea: digital creativity enhances autonomy by … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

WIPIP: Copyright: Infringement & Enforcement

Posted on February 1, 2025 by rtushnet

McFarlin, Restoring Joint Authorship We apply a separate accrual approach to © infringement: Petrella. But a one-time plain & express repudiation of joint authorship to a claim for accounting, Zuill, 9th Circuit. Should we continue to do so? Chuck Berry … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

WIPIP: IP for the Larger World

Posted on January 31, 2025 by rtushnet

Koo, De-Colonising Copyright Law Is fair use even possible outside the US? If we want to export fair use, what is it we actually want to export? Many US academics many not think it’s the greatest idea—if we had a … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

WIPIP Panel 2B Copyright: Authorship, Ownership

Posted on January 31, 2025 by rtushnet

Newman, Adoption as Authorship Concept of being an author: personally generating all the sensory signals other humans will process as part of the work—comes into being because my mind decides to put it there and my body guides it. Certainly … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Two recent amicus briefs: Santos v. Kimmel and Sedlik v. Von Drachtenberg

Posted on December 23, 2024 by rtushnet

 In the Second Circuit, supporting fair use on a motion to dismiss in Santos v. Kimmel, and in the Ninth Circuit, supporting the jury’s verdict of lack of substantial similarity in Sedlik v. Von Drachtenberg.  from Blogger http://tushnet.blogspot.com/2024/12/two-recent-amicus-briefs-santos-v.html

Posted in Uncategorized | Tagged , | Leave a comment

Celebration on Rimini Street as it achieves significant (c)/Lanham Act victories in 9th Circuit

Posted on December 18, 2024 by rtushnet

Oracle Int’l Corp. v. Rimini Street, Inc., — F.4th —-, No. 23-16038, 2024 WL 5114449 (9th Cir. Dec. 16, 2024) Rimini Street gets a reasonably substantial victory in its long-running battle with Oracle in this appeal. Prior rulings held that … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Reading list: Carys Craig, The AI-Copyright Trap

Posted on December 12, 2024 by rtushnet

 The AI-Copyright Trap Carys J. Craig Abstract As AI tools proliferate, policy makers are increasingly being called upon to protect creators and the cultural industries from the extractive, exploitative, and even existential threats posed by generative AI. In their haste … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

allegations of copied instructions lead to finding of noninfringement and possible 512(f) violation

Posted on December 11, 2024 by rtushnet

MFB Fertility, Inc. v. Action Care Mobile Veterinary Clinic, LLC, — F.Supp.3d —-, 2024 WL 1719347, No. 23 cv 3854 (N.D. Ill. Apr. 22, 2024) MFB sued Action Care for copyright and trademark infringement; Action Care counterclaimed for misrepresentation under … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment