Kluwer Copyright Blog

JUNE 30, 2021

It should also be borne in mind that the court rejected the plaintiffs’ argument that the film should not be considered a documentary but just a “scripted creative work” which does not refer to real facts. Those who work on documentaries cannot help praising the fair use finding in Brown v Netflix.

Fair Use 103

Fair Use Copyright Law Copyright Law 103

IIPRD

JUNE 6, 2022

Because it has been taught, sung, danced, drawn, sculpted, sung, and performed for thousands of years, it is generally referred to as an oral tradition. Traditional knowledge is predominantly of a practical nature, especially in domains such as agriculture, fishing, safety, horticulture, forestry, and environmental management as a whole.

Intellectual Property 40

Intellectual Property Invention Copyright Patent 40

IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. The definition of “ original ” as most people understand it refers to something that has never been done before by any person. With the information in the public domain, the Rural Telephone Service issued a phone book.

Copyright 85

Copyright Public Domain Copying Publishing 85

Kluwer Copyright Blog

FEBRUARY 8, 2023

Thus, copyright protection would be suitable if there is an existing or imminent obstacle to trade in the context of AI-generated works and if left in the public domain, the functioning of the internal market would be disturbed. This brings the discussion to the third factor – proportionality stricto sensu.

Marketing 111

Marketing Marketing Copyright Copyright Law 111

43(B)log

FEBRUARY 19, 2022

Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es TM bullying w/ a public domain quilt, claiming rights over “Dear Jane” as quilt/software. What to do next?

Trademark Law 72

Trademark Law Trademark Art Branding 72

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. The second type of rights, moral rights, which can never be transferred.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Technology & Marketing Law Blog

JUNE 20, 2023

or LGI) granted Condé Nast Publications a license to use one of her black-and-white photos of Prince as an “artist’s reference for an illustration … to be published in Vanity Fair November 1984 issue.” As for actual damages, we know what the fair market value of Goldsmith’s photo as an “artist’s reference” was in 1984: $400.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

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). The Court explains that it is not deciding “how far the ‘noncommercial use’ exclusion goes.”

Trademark 99

Trademark Blogging Trademark Law Fair Use 99

Barry Sookman

MAY 4, 2020

In rendering the decision, the USPTO referred to a number of provisions in the U.S. It also referred to other provisions including 35 U.S.C. § Title 35 of the United States Code consistently refers to inventors as natural persons. The USPTO then referred to some other U.S. For example, 35 U.S.C. § 9 35 U.S.C. §

Intellectual Property 52

Intellectual Property Inventor Invention Copyright 52