IP and Legal Filings

DECEMBER 17, 2023

Historical lookback The amendment to the existing copyright law act of 1957 was carried out owing to the sensitization of issue of copyright management and revenue sharing structure that is fair and reasonable to all owners and writers of filmed and recorded works. [i] Magic Mantra Vision. [ii]

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Copyright Law Copyright Music Law 69

Plagiarism Today

MAY 11, 2022

Josh Hawley’s Move to Strip Disney’s Copyrights Called ‘Blatantly Unconstitutional’. He claims that it aims to revoke Disney’s “special” copyright protections though the law would rewrite copyright law for all creators. million settlement in 2018. According to Sen.

Plagiarism 190

Plagiarism Public Domain Copyright Law Copyright 190

Plagiarism Today

AUGUST 9, 2021

1: Major Record Labels Sue Charter Communications Again for Alleged Copyright Infringement. This new one addresses the time period between July 26, 2018 to the present and accuses Charter of doing little in response to some 150,000 notices of infringement, including notices targeting “flagrant and serial infringers.”

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Licensing Plagiarism Copyright Government 246

Plagiarism Today

AUGUST 18, 2021

2: Federal Court Awards $29M in Statutory Damages for Copyright Infringement in Media Case. The in ruling the judge noted that, by selling the boxes with the software already on it, the distributors were inducing copyright infringement. ” as evidence of infringement. As such, he ordered the case dismissed.

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Settlement Copyright Infringement Fair Use Plagiarism 130

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. LAW AND ECONOMICS. Costs Versus Benefits of Copyright Protection.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

TorrentFreak

SEPTEMBER 8, 2022

So-called copyright trolls come in all shapes and sizes and while most have a cynical approach to copyright law, some are prepared to go to extremes. The most notable case in the United States involved Prenda Law. In May 2021, licenses were obtained from Vie Vision Pictures Co. Big Crimes Deserve Heavy Sentences.

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Settlement Intellectual Property Licensing Copyright 136

IPilogue

DECEMBER 9, 2022

Take-Two licensed Randy Orton’s likeness from WWE. Alexander filed a complaint before the District Court of Southern District Of Illinois for copyright infringement under 17 U.S.C. § 501 in 2018 and moved for partial summary judgement on the grounds that she never authorized WWE to recreate her tattoo.

Fair Use 112

Fair Use Copying Licensing Copyright 112

IP Whiteboard

JULY 19, 2021

The Federal Court of Australia has awarded additional damages in the highest order against Clive Palmer ( Palmer ) for his copyright infringement of the 1985 Twisted Sister’s rock song “ We’re Not Gonna Take It ” (the Song ). UMP held the exclusive license to the Song in Australia on behalf of Songs of Universal, Inc.

Copyright Infringement 40

Copyright Infringement Copyright Music Publishing 40

Copyright Lately

APRIL 6, 2024

A federal court has shot down a copyright infringement lawsuit claiming that Top Gun: Maverick flew too close to a 1983 magazine article that inspired the original film.

Copyright 90

Copyright Copyright Infringement Social Media Licensing 90

Intepat

SEPTEMBER 15, 2023

To delve deeper into the question of ownership, we need to grasp the traditional concept of copyright. Copyright laws are designed to safeguard the rights of creators. Historically, these rights have been attributed to human creators, forming the cornerstone of copyright law.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

Patently-O

FEBRUARY 20, 2024

While a laches issue was at the heart of this ruling, the Second Circuit adopted this rule for all copyright infringement cases. The unsatisfying conclusion here is when combined with the discovery accrual rule a copyright holder could have a timely infringement claim but not be eligible for relief. See 38 U.S.

Music 104

Music Copyright Due Diligence Licensing 104

LexBlog IP

JUNE 28, 2023

3) According to the Court, the term “sale” used in article 41 of the Copyright Law must be interpreted in a broad sense. The compensation for damages cannot be less than twice the fee that is usually or by law paid for the type of exploitation that the infringer did without license.

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Copying Copyright Law Copyright Editing 52

Technology & Marketing Law Blog

JUNE 17, 2023

The court also held that plaintiffs were permitted to proceed pseudonymously. ¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. documents, or other files”, a definition that necessarily comprises source code, and hence the Licensed Materials. (As

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

LexBlog IP

NOVEMBER 28, 2023

Meme Culture Meets Copyright Law: A Guide for Businesses & Creators Memes, often humorous media fragments that spread rapidly through online sharing, are a global phenomenon that have made their way into mainstream culture. All meme-like images in this article are properly licensed. Are Memes Dangerous? Yes and no.

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Fair Use Intellectual Property Settlement Business 52

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Keep Calm and Fandom On: Copyright in Cosplay, Fanfiction and Fanart by Sabrina Macklai & Emily Chow. Ad-hear to the Law: My Top Ten IP-Related Podcast Episodes by Claire Wortsman. Copyright Law.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Copyright Lately

MAY 21, 2021

Earlier this week, she filed a lawsuit for copyright infringement against CBS Interactive over a photograph CBS used in a 2015 Entertainment Tonight Online article about her scandal. This isn’t the first copyright infringement claim Dolezal has brought against the media. Weaponizing Copyright.

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music.

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Fair Use Licensing Music Art 105

Kluwer Copyright Blog

APRIL 25, 2024

Act I When the Committee charged with conducting Canada’s 2019 Copyright Act Review turned its mind to AI, its primary concern was with “help[ing] Canada’s promising future in artificial intelligence become reality” ( Report 2019 ). Only one witness is quoted as having argued that such uses should be licensed by collective societies.

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Copyright Government Copyright Law Reporting 69

Copyright Lately

AUGUST 22, 2021

Recent decisions suggest courts are losing patience with those who bring dubious copyright infringement claims as part of their business models. Back in May, I wrote about an overzealous copyright infringement lawsuit filed by Rachel Dolezal , the woman best known for mispresenting her racial background.

Copyright 89

Copyright Fair Use Settlement Designs 89

Kluwer Copyright Blog

FEBRUARY 2, 2023

We will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.” Registration was refused in August 2019, in line with previous US case law and guidance. We were not aware that the image may have been created by AI” 2.

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Copyright Art Fair Use Registration 145

The IPKat

FEBRUARY 21, 2022

This Conference marks the 25th anniversary of the Boards of Appeal and will bring together leading intellectual property experts from multiple jurisdictions, representing a broad spectrum of professional interests with representatives from some of the leading IP offices, lawmakers, judges, academics, and lawyers.

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Intellectual Property Moral Rights Registration Editing 67

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Technology & Marketing Law Blog

MAY 15, 2024

2020), the Second Circuit purported to reaffirm that “the discovery rule applies for statute of limitations purposes in determining when a copyright infringement claim accrues under the Copyright Act.” to license works from the Music Specialist catalog. By Guest Blogger Tyler Ochoa Last week, the U.S. Scholastic, Inc. ,

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Music Blogging Copyright Ownership 95

The IP Law Blog

OCTOBER 14, 2021

Wilmott Storage Services, LLC , decided September 9, 2021, the Ninth Circuit clarified the role that the de minimis concept plays in copyright infringement cases. 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.

Copyright 97

Copyright Copyright Infringement Copying Litigation 97

Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. Second, although mere facts and data as such are not protected by copyright, their extraction from protected subject matter (works, non-original databases, etc.) Scenario (2): Open Licenses.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

IP and Legal Filings

JANUARY 22, 2024

Development of Copyright Law Protection of Intellectual property rights has always been in existence among various sections of the society. TRIPS Agreement accepted the Berne Convention except Article which states that copyright protected work shall enjoy the copyright protection in all countries of the union.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

JIPL Online

MARCH 19, 2021

Given the disparity in negotiating power between a platform the size of Twitch and individual creators, Twitch is better situated to take on the burdens of negotiating a music licensing solution on behalf of all of the creators who drive traffic to their site. [i]

Music 76

Music Copyright Licensing Fair Use 76

LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. ” (S. ” Id.

Fair Use 52

Fair Use Licensing Music Art 52

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. Some of Randy Orton’s tattoos from Catherine Alexander’s copyright applications.

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Fair Use Designs Design Licensing 80

IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music.

Fair Use 40

Fair Use Licensing Music Art 40

Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. Condé Nast paid $400 for the license, which specified “No other usage right granted.” Figure 1, Slip op.

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Fair Use Derivative Work Blogging Licensing 96

Technology & Marketing Law Blog

AUGUST 1, 2023

On the other hand, professional photographers have to make a living by licensing their photos to publishers (and other intermediaries) who are willing to pay them to reproduce and display those photos. Instagram, of course, was licensed to publicly display the post under its own terms and conditions, so there is no direct infringement.

Blogging 96

Blogging Copying Social Media Copyright 96

Technology & Marketing Law Blog

MARCH 29, 2023

On June 4, 2018, Oppenheimer found his image on Prutton’s website. The Final Determination notes that Oppenheimer feels entitled to a licensing fee, even though he has not sold this photograph, and suggests that he is entitled to $2,775 a year for the use of the photograph. Screengrabs from October 29, 2019 from the Wayback Machine.

Blogging 96

Blogging Fair Use Copyright Copyright Notice 96

IP and Legal Filings

APRIL 20, 2023

AI can explore data or information that is accessible in public domain or copyright of other person and can investigate or work upon that information but only to that extent which the software program permits. [3] References “India: Artificial Intelligence And Copyright – The Authorship”Mondaq, December 18, 2019, available at: [link] Ili.ac.in(internet

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Ownership Moral Rights Public Domain Intellectual Property 60

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Microsoft Technology Licensing v. the licensee. The judgement was authored by Justice C. Universal City Studios LLC and Ors v. DotMovies.Baby and Ors. Warner Bros.

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IP Copyright Trademark Intellectual Property 124

LexBlog IP

JANUARY 5, 2022

994 (2020) , a decision holding that the sovereign immunity of individual states prevented a copyright holder from recovering damages for infringement, I was a bit disheartened. ” When a governmental entity infringes, it is using the inventor’s, or the author’s, creation without license or payment.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52