The IPKat

SEPTEMBER 14, 2023

The technique of "electronic copying of audio fragments" (sampling) at issue here, in which a user takes an audio fragment from a phonogram and uses it to create a new work, is a form of artistic expression that falls under the freedom of art protected by Art. 13 EU Charter of Fundamental Rights (CJEU, C-476/17).

Music 90

Music Art Copyright Reporting 90

Olartemoure Blog

JULY 17, 2023

Barbie was created in 1959, and when she was 42 years old, in 2001, Bratz entered the scene. Mattel produced the line of dolls called “My Scene” In April 2005… MGA (Bratz) filed a lawsuit claiming that Mattel (Barbie) had copied the distinctive big-headed and slim-bodied appearance of the Bratz dolls in this new line.

Intellectual Property 52

Intellectual Property Contracts Designs Design 52

Technology & Marketing Law Blog

JUNE 27, 2023

This case involves Morford’s 2001 artwork named “Banana and Orange.” Copying-in-Fact. No Wrongful Copying To determine wrongful copying, the court uses the abstraction-filtration-comparison test. For example, we must resolve when duct-taping a banana to a wall infringes copyright.

Copyright 90

Copyright Artwork Copying Social Media 90

Olartemoure Blog

JULY 17, 2023

Barbie was created in 1959, and when she was 42 years old, in 2001, Bratz entered the scene. Mattel produced the line of dolls called “My Scene” In April 2005… MGA (Bratz) filed a lawsuit claiming that Mattel (Barbie) had copied the distinctive big-headed and slim-bodied appearance of the Bratz dolls in this new line.

Intellectual Property 52

Intellectual Property Contracts Designs Design 52

IPilogue

SEPTEMBER 29, 2022

A similar copyright controversy surrounding Van Gogh happened in 2001 between two websites featuring digital copies of Van Gogh’s works. The Competition and Consumer Protection Commission of Ireland confirmed that there is no clear breach of consumer protection law from an initial review of the different shows.

Art 103

Art Copying Copyright Business 103

IIPRD

MARCH 1, 2023

Drawing upon the same, the ‘Artists Rights Directive’ was implemented by the European Union in 2001, which thereby declared Re-sale rights to be “unassailable and inalienable, enjoyed by the author of an original work of graphic or plastic art.” Official Journal of the European Communities (2001). Artists Rights Directive.

Artwork 98

Artwork Intellectual Property Journalism Copyright 98

The IPKat

NOVEMBER 22, 2022

On the occasion of the opening of a new store in NY, the well-known clothing brand created a collection of NFTs based on digital copies of works of famous artists such as Miró, Tàpies and Barceló, incorporating various outfits of the collection available at the store, to be displayed in the Decentraland Metaverse, at the coordinates 16.78

Artistic Work 144

Artistic Work Artwork Public Domain Intellectual Property 144

BYU Copyright Blog

MAY 1, 2023

Customers can purchase flashcards, sound graphics, and the SECRET STORIES book in different kits and sizes.The first Secret Stories book was registered with the Copyright Office on April 27, 2001. These illegal copies were made available (possibly to this day) to students and the general public through Springdale’s YouTube account.

Copying 40

Copying Intellectual Property Social Media Copyright 40

IPilogue

JULY 21, 2021

copyright laws by copying their source code, it also complained that Hytera infringed the federal Defend Trade Secrets Act. Hytera served as a distributor for Motorola until 2001. Hytera Corp. Not only did Motorola Solutions allege that Hytera violated U.S.

Confidentiality 106

Confidentiality Intellectual Property Technology Copyright Law 106

The IPKat

JANUARY 17, 2024

In 2001, the professor published a critical edition of Demetrii principis Cantemirii. It is clear to me that the InfoSoc right applies to instances of both literal and non-literal copying (a clear example being the photo-fit at issue in Painer !)

Derivative Work 137

Derivative Work Editing Copyright Music 137

Copyright Lately

MARCH 31, 2024

The Legal Stuff The De Minimis Defense As I’ve discussed before , there’s a whole doctrine with a fancy Latin name reserved for situations in which copying is insignificant enough to fall below the threshold of substantial similarity— de minimis non curat lex (“The law does not concern itself with trifles.”) The Gap, Inc.

Copyright 78

Copyright Fair Use Social Media Artwork 78

LexBlog IP

DECEMBER 15, 2021

Copyright Office and you find someone has infringed your copyright by copying substantial portions of your book. Can you receive payment by the alleged infringer of the fair market value of the portions of your book illegally copied as recovery for actual damages? The answer to all these questions is YES! On Davis v. Gap, Inc. ,

Copyright Infringement 52

Copyright Infringement Copyright Licensing Registration 52

SpicyIP

JULY 31, 2023

From “Knowledge” to “Intention” of User, and “Copy” to “Infringing” Copy: The scope of the provisions relating to piracy remained intact in the latest bill as it mentions “making or transmitting or attempting to make or transmit or abetting the making or transmission” like previous drafts.

Copying 96

Copying Copyright Television Copyright Infringement 96

Kluwer Copyright Blog

NOVEMBER 22, 2021

This personal intellectual creation is lacking if the photographs in question are “mere reproductions of other photographs” in which an original has been merely reproduced (copied) as closely as possible. If a copy of a computer program is published in the territory of the EU/EEA with the consent of the rightholder, Section 69 No.

Related Rights 52

Related Rights Law Copyright Copying 52

The IPKat

DECEMBER 15, 2023

This levy is a fee applied to items capable of carrying copyright-protected content for personal copying and is payable at the point of entry or initial local manufacture. This Bill aims to repeal the Copyright Act 2001 in its entirety.

IP 83

IP Intellectual Property Copyright Music 83

Kluwer Copyright Blog

NOVEMBER 17, 2021

Germany has regulated exploitation rights, as harmonised under European law in Articles 2 to 4 of the InfoSoc Directive (2001/29), in Sections 15 to 22 UrhG. The right of distribution, as set out in European law in Article 4(1) of the InfoSoc Directive (2001/29), is found in Germany in Section 17(1) UrhG.

Law 52

Law Copyright Television Copyright Infringement 52

IPilogue

FEBRUARY 28, 2023

At the request of De Fontbrune , in 1998, the police confiscated copies of Wofsy’s book, and De Fontbrune sued for copyright infringement. This, however, was reversed in 2001 with a ruling against Wofsy, who became responsible for 10,000 francs per infraction.

Fair Use 105

Fair Use Copyright Copyright Infringement Copyright Law 105

TorrentFreak

SEPTEMBER 2, 2021

Its introduction in 2001 was sudden, the technology is ideally suited for software piracy, and it wasn’t notably interrupted during the sample period which ends in 2007. A copy of the working paper is available through the USPTO website and SSRN. BitTorrent Piracy Triggered Innovation. .”

Technology 145

Technology Trademark Copyright Music 145

Patently-O

AUGUST 10, 2022

The patent application was filed back in 2001 and was originally owned by ADC who sold that division to SS8. In 2006, SS8 sold the patent to the “Imaginex Fund I”, an Intellectual Ventures shell. In 2012, IV merged Imaginex back into an IV fund.

Litigation 73

Litigation Patent Application Copying Patent 73

LexBlog IP

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. The deposit can be either a physical copy of the mask work or a digital copy in a format specified by the Office. For example, Advanced Micro Devices (AMD) registered 191 mask works between 1990-2001.

Registration 40

Registration Designs Design Copying 40

Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. A copyright is a right against the world.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

The IP Law Blog

DECEMBER 2, 2021

Johannsongs-Publishing claimed that You Raise Me Up, which was written by Rolf Lovland and Brendan Graham and released in 2001 by Secret Garden and later by Josh Groban in 2003 infringed on its rights in Soknodur. Rather, the defendants focused their attack by claiming there was no triable issue as to the element of copying.

Copyright Infringement 98

Copyright Infringement Copyright Copying Art 98

Patently-O

DECEMBER 4, 2023

But, the buyers do not have permission to create new copies of the patented work, and that includes wholly reconstructing the product after it has been “spent.” 2001), allowing invasive modifications so long as there was no complete reconstruction. The Federal Circuit expanded on the scope of repair in Dana Corp.

Invention 51

Invention Patent Copying Patent Infringement 51

Patently-O

JULY 13, 2021

2001) (citing Gorham Co. Here, an anonymous third party, through counsel, provided the USPTO with copies of two webpages in a foreign language … each paired with an uncertified English translation. Door-Master Corp. Yorktowne Inc. , 3d 1308 (Fed. White , 81 U.S. 511 (1871)).

Inventor 76

Inventor Art Designs Design 76

The IPKat

OCTOBER 15, 2023

In assessing whether a work of applied art warrants protection within the meaning of Articles 2–4 of Directive 2001/29/EC , how should the examination be conducted and what factors should be considered in answering the question of whether the work reflects they author’s free and creative choices?

Art 91

Art Designs Design Marketing 91

The IPKat

JUNE 17, 2023

Would you say that Cattelan’s work (realized for an exhibition in Miami in 2019) is an unauthorized reproduction of the 2001 work below, titled Banana and Orange , and thus an infringement of the copyright vesting in it? Of course, that is not all: Comedian has in fact also sparked litigation in the USA.

Copyright Infringement 143

Copyright Infringement Copyright Art Artistic Work 143

LexBlog IP

AUGUST 30, 2023

Copies of emails between the parties provided to the Court proved that opinions had been exchanged before the composition of the products was finalised. It held that taste cannot be characterised as a “work” under directive 2001/29 (DEC C- 310/2017 in T N P LAW).

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

Copyright Lately

DECEMBER 29, 2021

Relying on the server test , Sinclair unsuccessfully argued that it and its affiliates didn’t infringe the copyright in Nicklen’s video because they only embedded it on their websites from Instagram or Facebook, as opposed to maintaining a copy of the video on a Sinclair-controlled server.

Copyright 114

Copyright Fair Use Social Media Copying 114

SpicyIP

JULY 14, 2021

De jure functionality is defined as something functional in law if the degree of utility is so great that the configuration makes a superior design which others need to copy to be able to compete effectively. To shed some light on this, one can refer to the 2001 judgement of Surya Roshni Ltd. Special smell-marks: Attars and Agarbattis.

Trademark 126

Trademark Registration Marketing Marketing 126

Kluwer Copyright Blog

JULY 11, 2022

But at what point in the scripts was the Del Boy character sufficiently formed to satisfy this requirement, given that OFAH had 64 episodes plus Christmas specials, released between 1981 and 2001. The Infringement. The Defences. Passing Off.

Copyright Infringement 114

Copyright Infringement Copyright Music Intellectual Property 114

The IPKat

AUGUST 8, 2022

But, for those who are yet to pick up a copy, here is what is in store: The EU legislature adopted Directive 2019/790 on Copyright in the Digital Single Market (DSM) in 2019. Many readers will already be familiar with this title, since it won our IPKat book of the year award 2021 for best copyright book!

Marketing 80

Marketing Marketing Copyright Intellectual Property 80

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

The registered owner must provide a copy of the petitioner’s opposition. The registered owner must deliver a copy of the petitioner’s opposition to the petitioner. The petitioner must supply the registered owner with a copy of their reply statement and proof.

Designs 52

Designs Design Registration Copying 52

IP and Legal Filings

SEPTEMBER 29, 2021

In 2001, several record companies such as Sony Music Entertainment, Atlantic Records, MCA Records, Island Records, Motown Records, Capitol Records and BMG Music collectively filed a lawsuit against Napster. Firstly, the Court observed that creating temporary copies of a digital asset to sample can be considered a commercial use.

Fair Use 52

Fair Use Music Copying Copyright 52

IP and Legal Filings

FEBRUARY 15, 2022

Concerning the claim of spoilage, the court noted that even though the copy of the defendant’s ad was poorly photocopied, advertisements did not amount to spoliation. 2001), wherein spoliation has been discussed. The court referred to the case of Silvestri v. Motors Corp., 3d 583, 590 (4th Cir.

Litigation 60

Litigation Advertising Advertising Settlement 60

LexBlog IP

DECEMBER 2, 2021

Johannsongs-Publishing claimed that You Raise Me Up, which was written by Rolf Lovland and Brendan Graham and released in 2001 by Secret Garden and later by Josh Groban in 2003 infringed on its rights in Soknodur. Rather, the defendants focused their attack by claiming there was no triable issue as to the element of copying.

Copyright Infringement 52

Copyright Infringement Copyright Art Copying 52

LexBlog IP

DECEMBER 7, 2022

Set against a brief historical backdrop of “banana-centric art,” Judge Scola observed that, “to ultimately succeed on his claim of copyright infringement, Morford must establish ‘(1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original.’” ” [21]. .”

Copyright 52

Copyright Copying Artwork Art 52

Garrigues Blog

JANUARY 12, 2022

However, the possibility that the purported infringer may have “copied” the invention is insufficient to find that bad faith exists, unless it can be determined that the owner was the only one who had used or made the invention known to others ( judgment of the Court of Appeals of Valencia No. 65/2001, of January 31, 2001 ).

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52