Velocity of Content

MARCH 16, 2023

I have often felt, however, that these issues were a bit of a misdirection, with at least part of the tech community treating the copyright community like dogs distracted by squirrels. Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Technology & Marketing Law Blog

MAY 15, 2024

If the Supreme Court upholds the discovery rule for copyright cases, or simply declines to address it, the decision will leave copyright defendants exposed to very large awards for years of infringing conduct (as they have been everywhere but the Second Circuit). to license works from the Music Specialist catalog.

Music 95

Music Blogging Copyright Ownership 95

LexBlog IP

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. Shah argued that the copyrights transferred to him “by operation of law” when the friend/bystander handed back the camera.

Copyright 124

Copyright Fair Use Licensing Ownership 124

IPilogue

OCTOBER 8, 2021

Olivia Rodrigo rose to stardom this year when her song Drivers License dominated pop music charts across the world. Rodrigo has come under fire for copyright theft and plagiarism for her songs Deja Vu and Good 4 U. Rodrigo has come under fire for copyright theft and plagiarism for her songs Deja Vu and Good 4 U. What happened?

Music 106

Music Copyright Infringement Plagiarism Intellectual Property 106

Technology & Marketing Law Blog

JULY 25, 2022

In so holding, the Ninth Circuit created (or widened) a circuit split with the Second Circuit, which previously held that even under the discovery rule, damages for copyright infringement are limited to “a three-year lookback period from the time a suit is filed.” Scholastic, Inc. , 3d 39, 52 (2d Cir. Scholastic, Inc. , 3d 39 (2d Cir.

Blogging 86

Blogging Copyright Licensing Copyright Infringement 86

The IPKat

NOVEMBER 22, 2021

Who receives the credit and the licensing rights? What happens when a copyright infringement claim is made against the playwright? The monograph is presented in six chapters. , explores what exactly is a play as copyright protects it and who owns it. And who poses moral rights in the work?

Copyright Law 145

Copyright Law Moral Rights Copyright Law 145

LexBlog IP

FEBRUARY 15, 2023

licensing, assignment, JVs, cooperation and co-development etc.) If a secret is stolen, or the ownership or its proper apportionment are disputed, or if a third party is trying to copy software containing AI algorithms, the right holders must not shy away from taking proper enforcement measures. But rights holders must be prepared.

Intellectual Property 52

Intellectual Property Due Diligence Ownership IP 52

Copyright Lately

SEPTEMBER 26, 2022

In a first-of-its-kind copyright trial, a jury will decide whether tattoo artist Catherine Alexander can effectively control the use of Randy Orton’s likeness in video games. After over four years of litigation and five COVID-related continuances, it’s finally time for the main event. There’s a lot at stake. Skull arm design.

Fair Use 86

Fair Use Licensing Ownership Copying 86

Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Non- fungible tokens have been designed to give a person ownership of something, kind of like modern day digital collectibles.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

TorrentFreak

AUGUST 3, 2023

Filed in February 2022, a DISH Network copyright infringement lawsuit demanded $32.5m The complaint alleged that DataCamp failed to take appropriate action against 11 pirate IPTV services flagged by DISH as repeat infringers, through the sending of more than 400 DMCA notices to DataCamp. Copyright Office.

Copyright Infringement 75

Copyright Infringement Settlement Copyright Copyright Law 75

Kluwer Copyright Blog

OCTOBER 17, 2023

In a nutshell, generative AI raises two main copyright issues that branch off into further sub-problems which in turn intercept (if not collide with) some fundamental rights, especially freedom of artistic expression, freedom of art and science and the right to science and culture (Arts. 11 and 13 EUCFR , 19 UDHR , 27.1 UDHR, and 15.1

Copyright 123

Copyright Art Copyright Law Licensing 123

Biswajit Sarkar Copyright Blog

MAY 30, 2022

For instance, a seller could offer to turn the token into an actual transfer of copyright ownership of the original work. At this stage, it is however, hard to say whether a transfer of rights through NFTs would comply with the legal formalities required to transfer ownership under the copyright law.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

Biswajit Sarkar Copyright Blog

MAY 30, 2022

For instance, a seller could offer to turn the token into an actual transfer of copyright ownership of the original work. At this stage, it is however, hard to say whether a transfer of rights through NFTs would comply with the legal formalities required to transfer ownership under the copyright law.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. A New 512(f) Plaintiff Win!

Registration 112

Registration Fair Use Copyright Designs 112

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. Based solely on the complaint that was filed, there are six major issues raised by the case: First, were the recorded interviews a copyright-eligible “work of authorship”?

Copyright 120

Copyright Blogging Publishing Fair Use 120

CopyrightsWorld

FEBRUARY 10, 2021

This article is part of our series showcasing well-known copyright ownership cases from the music and film industries, technology, and more. This week’s post looks at three well-known copyright infringement cases involving tech giants battling each other over ownership rights. Apple vs. Microsoft.

Intellectual Property 76

Intellectual Property Design Patent Designs Design 76

IPilogue

JANUARY 14, 2022

Is GitHub’s New Feature a Copyright Infringer? Copyright Confusion: Sony Upsetting Nintendo YouTubers by Natalie Bravo. Copyright Ownership of Movies and Films in Canada: Who’s on First? Copyright Law. Even Fake Facts are Not Copyrightable. David Vaver. Copilot or Co-Conspirator? By Claire Wortsman.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Technology & Marketing Law Blog

JANUARY 12, 2024

The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases. ” Domain names are also intangible, as are the records documenting domain name ownership, yet the court held they were capable of being converted. Why are we revisiting this crusty old topic? ” That’s true.

Copying 75

Copying Ownership Derivative Work Contracts 75

Technology & Marketing Law Blog

MARCH 29, 2023

It took eight months, but the ownership question of the photographs has been settled. However, it is not what I expected for the first case to be finally determined: Section 512(f) and an ownership dispute between former business partners. Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v. It seems like it did.

Blogging 96

Blogging Fair Use Copyright Copyright Notice 96

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. to challenge each and every actionable infringement. Metro-Goldwyn-Mayer, Inc.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

SpicyIP

OCTOBER 9, 2023

People of India might not just be another simple copyright infringement case, argue Nivrati, Swaraj and Praharsh in their post. Read on to know their thoughts on the controversy, questions around ownership of the work and copyrightability of business model and more!

Social Media 59

Social Media IP Government Copyright 59

43(B)log

AUGUST 3, 2023

Alfred Yen, A Federal Rules of Evidence Perspective on Forensic Musicology and Music Copyright Infringement Juries hear a lot of forensic musicology evidence they shouldn’t which confuses them and leads to poorer decisionmaking in music © infringement cases. Glynn Lunney: why use an existing open source structure?

Music 52

Music Art Copying Licensing 52

SpicyIP

MAY 20, 2024

on 10 May, 2024 (Delhi High Court) The defendant filed an application seeking cost of litigation from the plaintiff. The defendant claimed that the trademark infringement suit filed by the plaintiff, only to withdraw it later costed the defendant huge sums of money. Case Summaries Dolphin Mart Private Limited v.

Trademark 45

Trademark Advertising Advertising Copyright 45

IP Tech Blog

NOVEMBER 29, 2023

18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked.

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

SpicyIP

MAY 23, 2022

Akshat is a lawyer currently litigating at the Patna and Delhi High Courts. The Supreme Court’s Unsettling Attempt at Settling the Debate on Section 63 of the Copyright Act. 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

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright 137

Copyright Fair Use Copyright Law Law 137

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

OCTOBER 4, 2021

Restellini alleged copyright infringement and related claims in connection with WPI’s digitization of certain material about the artist Amodeo Modigliani. WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising.

False Advertising 59

False Advertising Artwork IP Advertising 59

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143

LexBlog IP

JULY 18, 2023

At least one judge has defined the boundaries for litigants appearing in his court. Other industries, however, are far from a share and share alike attitude towards AI, and AI has posed challenging questions regarding intellectual property ownership across the creative fields of visual art, music, and writing. To wipe us out?

Business 52

Business Law Reporting Music 52

IP Tech Blog

JULY 18, 2023

At least one judge has defined the boundaries for litigants appearing in his court. Other industries, however, are far from a share and share alike attitude towards AI, and AI has posed challenging questions regarding intellectual property ownership across the creative fields of visual art, music, and writing. To wipe us out?

Business 52

Business Law Social Media Reporting 52

Technology & Marketing Law Blog

MAY 2, 2022

The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. Five years into this litigation, let’s take stock of all of the things we still don’t know: Is hiQ still an operational business?

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

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. 2d 588 (1985) (“Section 106 of the Copyright Act confers a bundle of exclusive rights to the owner of the copyright.”); 2d 480 (Fed.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Damon Dash. Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

LexBlog IP

DECEMBER 3, 2021

For example, a financial investment firm that is subject to various regulatory bodies was the target of cybersquatting involving both an infringing domain name and a counterfeit website. The counterfeit website went so far as to include the same physical address and business license information for the investment firm.

Branding 52

Branding Brands Branding Intellectual Property 52