IP and Legal Filings

JULY 21, 2022

Among the other solutions, the most easy and feasible way to come out of the problem of unavailability and unaffordability was to start copying the books, study materials, and video lectures with the help of different mechanisms. for taking reprographic usage licenses after paying a prescribed tariff.

Copyright 86

Copyright Licensing Higher Education Copying 86

IPilogue

AUGUST 23, 2021

On July 30, the Supreme Court of Canada released their much-anticipated judgement in York University v Canadian Copyright Licensing Agency (Access Copyright) [ York University ]. In this case, but for the students, there would be no copying. Background. per full-time student and $0.10

Copyright 106

Copyright Copying Copyright Infringement Licensing 106

IPilogue

JULY 12, 2021

Not only did the Supreme Court of Canada hear the much-anticipated York University v Access Copyright appeal, an important case on the nature of copyright collective licensing and educational fair dealing, but it was also the Honourable Rosalie Silberman Abella’s final hearing as a Supreme Court Justice. v Teranet Inc.

Copyright Law 120

Copyright Law Copyright Law Music 120

Velocity of Content

OCTOBER 4, 2022

cOAlition S also mandates that articles apply a CC BY license to be considered fully Open Access in keeping with the Berlin and related declarations. If you include corporate subscriptions and other rights licenses, a 50/50 revenue split between academic institutions and corporations is not unusual.” emphasis added). Refining “Open”.

Journalism 98

Journalism Publishing Licensing Copying 98

TorrentFreak

JANUARY 6, 2023

YouTube’s motion for summary judgment states that Schneider licensed her content to YouTube, presented no evidence of DMCA violations, and in some cases had filed untimely claims. YouTube’s Licensing Defense. The big questions now center on the nature of that license and whether YouTube can rely on it to fend off liability.

Copyright 115

Copyright Music Licensing Publishing 115

Patently-O

NOVEMBER 7, 2022

Yet, as happens frequently, what if in negotiating a settlement, license, or other matter, opposing counsel CC’s her client: does opposing counsel’s “cc” imply consent to reply-to-all? 2012-7 (Oct. In contrast, the ABA stated that by copying a client, a lawyer is “inviting” a reply-to-all.

Copying 49

Copying Settlement Licensing Law 49

IPilogue

OCTOBER 4, 2021

Photocopying classroom materials in a K-12 public school system may have seemed harmless and benign before the 2012 Supreme Court of Canada case, Alberta v Canadian Copyright Licensing Agency (Access Copyright). Despite its benefits, copying materials can present consequences for the content’s owners, artists, and publishers.

Copyright 131

Copyright Copying Fair Use Editing 131

IPilogue

OCTOBER 18, 2022

After a test copy of New Genesis was leaked online, WOTC took issue with development company TSR LLC’s use of their IP rights in the game. For its part, WOTC claims that it retains common law interest in these marks, on the basis that it has continued to use the marks since at least 2012.

Trademark 101

Trademark Trademark Law Intellectual Property Law Publishing 101

The IP Law Blog

OCTOBER 14, 2021

In essence, the Ninth Circuit explained that de minimis goes to the amount of copying of a copyrighted work as opposed to any de minimis use or display of any such a work. In 2012, Wilmott Storage purchased the visitUSA.com website and two years later hired another company to update the website. Citing, Perfect 10, Inc. Giganews, Inc.,

Copyright 97

Copyright Copyright Infringement Copying Litigation 97

IPilogue

AUGUST 16, 2022

Generally, a photographic syndication agency holds contractual agreements with various photographers to sell and license their photos for commercial and/or editorial use. in damages, which is the total license fee for the photos. The Plaintiff, August Image LLC (“August”) is a photographic syndication agency based in New York, USA.

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

The IPKat

OCTOBER 7, 2021

Merpel wonders where we are headed on the FRAND licensing level debate, and who is in the driver's seat? SEP Litigation Demonstrates Licensing Component Suppliers Would Increase Efficiency Some SEP owners have argued against licensing component suppliers under the pretext that it is more efficient to license end users.

Licensing 57

Licensing Litigation Technology Patent 57

IP and Legal Filings

DECEMBER 6, 2022

Copyright is the cumulation of two words: “copy” and “right,” alternatively one may argue that copyright refers to the legal rights of the intellectual property’s real owner. According to Section 30, the holder of copyrights may license all or part of his rights to another party.

Music 76

Music Copyright Copyright Infringement Moral Rights 76

Michael Geist

FEBRUARY 22, 2023

The truth is that Canadian universities spend millions of dollars on licensing copyright materials. In fact, over the past decade, the emergence of site licenses that provide access to millions of works – books, journal articles, newspapers, and more – has led to huge increases in expenditures for access.

Licensing 75

Licensing Copyright Journalism Copying 75

LexBlog IP

OCTOBER 14, 2021

In essence, the Ninth Circuit explained that de minimis goes to the amount of copying of a copyrighted work as opposed to any de minimis use or display of any such a work. In 2012, Wilmott Storage purchased the visitUSA.com website and two years later hired another company to update the website. ” Citing, Perfect 10, Inc.

Copyright 52

Copyright Copying Copyright Infringement Litigation 52

Biswajit Sarkar Copyright Blog

JULY 12, 2022

Sale: If any obvious or fraudulent imitation of a registered design has been applied to any article or caused to be applied to any article without the license or written consent of the registered proprietor for the purpose of sale then that amounts to piracy of registered designs. Acts amounting to piracy of registered design.

Designs 52

Designs Design Registration Publishing 52

Biswajit Sarkar Copyright Blog

JULY 12, 2022

Sale: If any obvious or fraudulent imitation of a registered design has been applied to any article or caused to be applied to any article without the license or written consent of the registered proprietor for the purpose of sale then that amounts to piracy of registered designs. Acts amounting to piracy of registered designs.

Designs 52

Designs Design Registration Publishing 52

The TTABlog

JULY 6, 2021

The Board found that Meenaxi deliberately caused consumers to believe that its products were licensed or produced by the same source as the products sold in India. Marcon , 102 USPQ2d 1434, 1442 (TTAB 2012). The Coca-Cola Company v. Meenaxi Enterprise, Inc. 2021 U.S.P.Q.2d 2d 709 (T.T.A.B. See L’Oreal S.A.

Registration 98

Registration Marketing Marketing Branding 98

43(B)log

AUGUST 12, 2021

IP derives much of its value from opportunity to license, so it often makes sense to think of reasonable royalty as a cognizable harm. By contrast, elsewhere it might not make as much sense to think of the problem as a lost opportunity to license, e.g., the listing of someone as a terrorist. Maybe it took some years to take effect.

IP 90

IP Licensing Law Reporting 90

JIPL Online

APRIL 9, 2021

Although the user derives some benefit from the meme without purchasing or licensing the underlying content, the creator of the content also uniquely benefits from the increased exposure to individuals who may not otherwise interact with their content. 511, 523 (2012). 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat?

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

SpicyIP

JULY 22, 2023

There may be implications of favouring open licensing and open source developments by virtue of its emphasis on sharing expertise and experience across organisations, and the development of an ecosystem of developers, technology and end-users in the future.

IP 98

IP Intellectual Property Reporting Government 98

LexBlog IP

AUGUST 30, 2023

The third defendant was licensed to produce and market the disputed foods and spices under its own name and at its own expense, paying a fixed fee to the plaintiff for each individual product sold. 7) CJEU, C-406/2010, ECLI:EU:C:2012:259, paragraph 33. Applicable legal provisions The relevant law in this case was Law 2121/1993.

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

IP and Legal Filings

SEPTEMBER 21, 2023

Royalties can be defined as a sort of variable consideration for the utilisation of work, for a public performance or selling of a copy. Section 18(1), 3 rd proviso states that the right to receive royalties cannot be waived or assigned or licensed except to legal heirs or copyright society for distribution and collection.

Copyright 70

Copyright Moral Rights Cinema Music 70

SpicyIP

NOVEMBER 15, 2022

SpicyIP Tidbits: Compulsory License on Mira Behn’s Autobiography, and Stricter Test of Similarity of Marks for Medicinal Products. Licensing Ip International S.AR.L The Defendant was served with a copy of summons and it did appear in one of the hearings, but later stopped, thus causing the matter to proceed ex-parte.

Trademark 105

Trademark Patent Copyright Designs 105

43(B)log

DECEMBER 1, 2022

The agreement granting CMT a license to broadcast that program does not mention Plaintiffs. But Plaintiffs contend they ‘verbally’ licensed their trademark to Kenny Chesney and the company that represents him, Blue Chair Bay Records, and then Blue Chair Bay Records sublicensed the rights to Viacom for the broadcast on CMT.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

Technology & Marketing Law Blog

JULY 14, 2022

In 2020, Sifuentes sued Dropbox for a 2012 data breach. NB: there always should be someone at the company who can easily answer just how many times the TOS has been amended and provide definitive copies of each amendment and the date they occurred. I hope it’s not. * * *. The Court Opinion. Why so long?

Contracts 108

Contracts Blogging Business Law 108

The IPKat

OCTOBER 18, 2021

by Desmond Oriakhogba Sometime in 2012, Nigeria began the process of reforming her over three-decade old copyright law. The schedules relate to copyright duration, general and other exceptions, compulsory licensing, and transitional and saving provisions. The private Bill on the other hand proposes 72 sections and 5 schedules.

Copyright 80

Copyright Copyright Law Licensing Government 80

Garrigues Blog

JUNE 7, 2021

As the Court of Justice of the European Union (CJEU) held in its judgment of May 2, 2012 ( case C-406/10 ), “to accept that the functionality of a computer program can be protected by copyright would amount to making it possible to monopolize ideas, to the detriment of technological progress and industrial development.”.

Intellectual Property 52

Intellectual Property Plagiarism Intellectual Property Law Copyright 52

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The ideology of Fair Use has now been expanded to cover creations of a musical or cinematographic character, thanks to a subsequent modification to the Copyright (Amendment) Act, 2012. In addition, courts support transformative or non-mirror image copying purposes. Global Perspective.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

Michael Geist

SEPTEMBER 11, 2023

Last month, the Canadian Federation of Library Associations released a much-needed statement that sought to counter the ongoing misinformation campaign from copyright lobby groups regarding the state of Canadian copyright and the extensive licensing by libraries and educational institutions.

Copyright 138

Copyright Copying Licensing Copyright Law 138

SpicyIP

MAY 23, 2022

Moreover, Section 64 of the Copyright Act shows that on an action of seizure, the police officer can “seize copies of infringing works without a warrant.” What’s to stop an empty claim of ownership, to threaten and rescind legitimate uses, merely due to the possibility of them being potential licensing revenue?

Copyright 137

Copyright Ownership Copyright Infringement Law 137

Fish & Richardson Trademark & Copyright Thoughts

MARCH 14, 2022

PDF copy available. In 2012, the America Invents Act (AIA) created a mechanism for challenging patents outside of the district court through post-grant review proceedings before the Patent Trial and Appeal Board (PTAB), primarily inter partes reviews (IPRs). See, e.g., 3G Licensing, SA et al. 14, 2012). [2] 48680-01 (Aug.

Litigation 52

Litigation Patent Art Licensing 52

Plagiarism Today

SEPTEMBER 20, 2021

The three worked with a company named Construction Technologies and, as part of their work, they would activate unlicensed copies of software for customers by using either cracking programs or key generators to remove license restrictions. The post 3 Count: Swimsuit Edition appeared first on Plagiarism Today.

Editing 178

Editing Derivative Work Copyright Infringement Licensing 178

IP and Legal Filings

APRIL 20, 2023

Introduction Any literally or artistic work that is original and creative i.e.; not copied from anywhere by the owner is protected under Copyright Act, 1957. This additionally implies that they will guarantee licensed innovation assurance as for Intellectual Property Rights they will make. 1996) 38 DRJ 81 (India). [2]

Ownership 60

Ownership Moral Rights Public Domain Intellectual Property 60

43(B)log

AUGUST 5, 2021

Industry pushed very hard against cheap copying, and yet as of 2019 there were only 538 registrations in 20 years versus hundreds of thousands of utility patents. Through 2012, only about 1000 registered. Consider compulsory licensing as a midway point here as well. The paradox of getting your way and finding it unsatisfying.

IP 45

IP Invention Designs Design 45

IIPRD

FEBRUARY 16, 2024

The Confidential information, which may be sold or licensed, is a Trade Secret and forms a part of Intellectual Property Rights. The other teams can hence copy McLaren, causing the team a disadvantage. WHAT DO INTERNATIONAL CONVENTIONS SAY? Trade Secret is defined under Article.39 39 of the TRIPS agreement.

Intellectual Property 59

Intellectual Property Technology Confidentiality Journalism 59

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

Copying 52

Copying Copyright Law Copyright Editing 52

IP and Legal Filings

DECEMBER 17, 2023

ii] This unreported judgement helped bring the grievances on the table for the others to see that copyright law has deficiencies in terms of music sharing and copying along with royalty issues. obtained without express due permission from the license holder). Magic Mantra Vision. [ii] xiii] Recently in Tips Industries Ltd.

Copyright Law 69

Copyright Law Copyright Music Law 69