IPilogue

DECEMBER 13, 2021

Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. 5(1) of the Copyright Act , copyrights subsist in artistic works such as photographs or paintings. Samantha Melhado is a 3L J.D. Spoiler alert, it depends. According to s.

Social Media 111

Social Media Intellectual Property Copyright Designs 111

Kluwer Copyright Blog

MARCH 1, 2023

The freedom of authors to use trademarks in their works could be stifled by the threat of litigation. Overenforcement of trademark law runs contrary to both the purpose of intellectual property law and the U.S. Constitution. constitutional legacy of protecting free expression.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

LexBlog IP

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. ” It also protects images, photos, videos, and other written work, such as blog posts.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

Kluwer Copyright Blog

JULY 20, 2022

This has led to litigation in several jurisdictions and has also recently prompted two members of the US Senate’s intellectual property subcommittee to request that the US Patent and Trademark Office (USPTO) collaborate to study the impact of NFTs on intellectual property rights. by Alexander Puutio. € by Edward J.

Copyright 133

Copyright Copying Non-Fungible Tokens Copyright Law 133

SpicyIP

OCTOBER 1, 2023

A postcard can be taken either as a literary work or an artistic work under sections 2(c) and 2(o) respectively of the Copyright Act, 1957. These vintage picture postcards, if original, are works in which copyright subsists ( section 13 of the Copyright Act, 1957 ). —but Simply none. Anil Kapoor one being the latest.

Personality Rights 111

Personality Rights Non-Fungible Tokens Copyright Social Media 111

IIPRD

OCTOBER 28, 2023

Therefore, the same cannot be protected under Indian Copyright law as a literary or artistic work but could be protected under passing off law if a case is made for it. Conclusion Indian intellectual property laws and judiciary’s position on the trademark of celebrity catchphrases is a bit shaky. . &Anr.,

Copyright Law 59

Copyright Law Branding Brands Branding 59

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. I’m keeping my fingers crossed this anomaly gets fixed somewhere in this litigation. I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry , Knapke v. Copyright Preemption.

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Advertising Advertising Social Media Blogging 91

Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. ChatGPT , Smodin ), to perform music (i.e.,

Copyright 123

Copyright Art Copyright Law Licensing 123

Art Law Journal

JUNE 16, 2022

The theft of your intellectual property, also known as an infringement, is not that different from any theft of your property — except you can’t go to the police to help you get justice. The legal fees provision doesn’t just save you money but also makes the entire litigation process easier and simpler.

Copyright Infringement 52

Copyright Infringement Artwork Copyright Registration 52

The IP Law Blog

JANUARY 19, 2023

In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Next, we have Abitron Austria GmbH v. Hetronic International. There, U.S.-based

Copyright 97

Copyright Trademark Fair Use Contracts 97

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Please let us know in the comments below. Read on to know more!

Trademark 59

Trademark Registration Copyright Patent 59

Technology & Marketing Law Blog

JUNE 21, 2023

As noted by Professor Jake Linford , the examples used by the Court when it discusses application of the Rogers test focus on uses in the title or content of artistic works (not on T-shirts). Such words and symbols are also less likely to function as a source-identifying mark.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

LexBlog IP

FEBRUARY 28, 2022

Controversy” [8] : The Litigation. Acuff-Rose Music, Inc. , [26] to assess the meaning of artistic works, and “collapse[s] the transformativeness inquiry into the antecedent substantial similarity analysis.” [27]. Xpectation” [37] : Takeaways.

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Fair Use Derivative Work Art Licensing 97

LexBlog IP

JUNE 5, 2023

” The SDNY litigation focused on whether Warhol had “transformed” Goldsmith’s photograph. A transformative work is fair use, and therefore not a copyright infringement, based on a reading of the Supreme Court’s holding in Campbell v. ” Reply Brief For Petitioner at 1 (dated September 7, 2022).

Fair Use 52

Fair Use Derivative Work Art Licensing 52

Technology & Marketing Law Blog

JUNE 20, 2023

As a result, the rest of the copyright ecosystem has to live with the fallout from AWF’s seemingly reckless and irresponsible litigation strategy. It defined a parody as “a “literary or artistic work that imitates the characteristic style of an author or a work for comic effect or ridicule” ( id. 1600 (1982).

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Fair Use Derivative Work Blogging Licensing 96