Technology & Marketing Law Blog

JANUARY 25, 2023

Shah pointed to his copyright registrations as evidence of his ownership, but the court says the allegations in his complaint show that he was never entitled to register the copyrights (i.e., To be clear, joint copyright ownership of photos like these could be a policy disaster, so I don’t share the judge’s lament on that front).

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Copyright Fair Use Licensing Ownership 124

Technology & Marketing Law Blog

MAY 15, 2024

to license works from the Music Specialist catalog. Use of that song was in turn licensed to several popular television shows, including “So You Think You Can Dance.” Nealy alleged that he held the copyrights to Music Specialist’s songs and that Warner Chappell’s licensing activities infringed his rights. 17 U.S.C. § at *13-*16.

Music 95

Music Blogging Copyright Ownership 95

LexBlog IP

FEBRUARY 15, 2023

While many see China’s AI policies as a cover to curb freedoms and control society, the reality is that China is an active AI developer in a thriving market for AI applications in both the trade and industrial sectors. licensing, assignment, JVs, cooperation and co-development etc.) But rights holders must be prepared.

Intellectual Property 52

Intellectual Property Due Diligence Ownership IP 52

Kashishipr

APRIL 13, 2022

At present, with the immense growth of interconnectivity, along with digital experiences creating augmented reality and virtual reality, many digital marketers and technology experts have given the term ‘Metaverse’ to these new spheres of human interaction. What will the future trademark licensing deals in the Metaverse look like?

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

Kashishipr

MARCH 2, 2022

A trademark registration certificate that you receive after getting your proposed trademark approved from a country’s Trademark Office is just the first step in the journey of your trademark ownership. No trademark office across the globe will ever keep a watch on the market for unauthorized use of your Registered Trademark.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Copyright Lately

SEPTEMBER 26, 2022

After over four years of litigation and five COVID-related continuances, it’s finally time for the main event. As the parties wait in their respective corners for the opening bell to ring, here’s what you need to know: Alexander Has Already Established Ownership and Copying. Implied License and Fair Use Are the Key Remaining Defenses.

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Fair Use Licensing Ownership Copying 86

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. Third, is Trump’s claim of ownership barred by 17 U.S.C. The Falwell court was on solid ground in denying relief on the grounds of an implied license.

Copyright 120

Copyright Blogging Publishing Fair Use 120

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e., Secondly, para.

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Copyright Art Copyright Law Licensing 123

Technology & Marketing Law Blog

JULY 25, 2022

In 2013 and 2015, it granted exclusive licenses to stream those works to Starz, a premium subscription channel. The time periods for each license were separate, and some licenses were renewed multiple times, resulting in more than 1,000 separate license periods. 17 U.S.C. §

Blogging 86

Blogging Copyright Licensing Copyright Infringement 86

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. It seems like it did. So, they started the CCB process. I then offered $500.00. 4 & Ex.

Blogging 96

Blogging Fair Use Copyright Copyright Notice 96

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 30, 2021

This post summarizes some of the significant developments related to patent litigation in federal district courts of Texas for the month of October 2021. In particular, the RAIA has two provisions that directly address complaints raised by Defendants when seeking PTAB review of patents asserted in litigation in those courts.

Litigation 52

Litigation Patent Invention Business 52

Copyright Lately

JANUARY 16, 2022

Crabtree claims that Kirkman talked him into giving up co-ownership rights in “Invincible” by asking him to sign a document in 2005 that Kirkman represented would make it easier to market the work to licensees but which wouldn’t affect any of Crabtree’s rights. The Requirements for Copyright Joint Authorship and Co-Ownership.

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Ownership Television Copyright Copyright Notice 65

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. To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. Diebold from 2004, which led to a $125k damages award.

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Registration Fair Use Copyright Designs 112

43(B)log

AUGUST 3, 2023

Harper & Row gets litigated as a First Amendment/free press case by Floyd Abrams; Court relies on Nimmer. Court chose to rule quite narrowly in part b/c of concessions during litigation. It participates in the same conventionalized market. A: b/c it’s not a substitute—it appeals to a different market.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

As a result, the legal issues rarely are litigated any more. * * *. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? We need to know more about this license. WhenU concluded that trademarks was a dead-end. ” Wait, what? Trespass to Chattels.

Licensing 89

Licensing Copyright Contracts Advertising 89

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Trademarks perform the following functions- Trademark or logo helps identify the goods and services easily: A trademark serves as a means of identification for a certain brand, corporation, or other entity, allowing it to be clearly distinguished from the other brands on the market. This will prevent any third party from using their mark.

Business 52

Business Trademark Registration Cease and Desist 52

Technology & Marketing Law Blog

MAY 17, 2022

This knocks out the pre-litigation negotiation requirement, the TOS’s protective provisions, the TOS’s disclosures, the TOS’s licenses (which nukes Roblox’s defense to a conversion claim), and more. Roblox appeared first on Technology & Marketing Law Blog. As a result, the TOS fails. Cite to IC v.

Contracts 124

Contracts Publishing Licensing Editing 124

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance. (See

Blogging 84

Blogging Copyright Settlement Ownership 84

43(B)log

FEBRUARY 4, 2023

But socially valuable innovations can be difficult to marketize/commodify. Restrict derivative right to adaptations/forms of representations that change medium, not works in same primary market. Mailyn Fidler, Cross-Racial Copyright Litigation in Music: Only a Paper Moon? Reproduction right expanded to cover fragments.

Copyright 64

Copyright Editing Settlement Music 64

IP Tech Blog

NOVEMBER 29, 2023

Because ownership of original works, like a tattoo, vests with the author (here the tattoo artist), the tattoo artist owned the copyright in the tattoo, even though it was physically on the someone else’s body. Third, with respect to the effect of the use upon the potential market, the Court decided this factor in Netflix’s favor as well.

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

43(B)log

AUGUST 11, 2022

Now, Bollywood copies Hollywood, but they use licenses—how does that compare? But there was pressure from the market: this is a business trying to make money. Licensing is also one way to do it [which seems to conflict with the idea that without this you’d get home-grown plots etc.]. that Kumar went on to become an idol?

IP 72

IP Copying Marketing Marketing 72

43(B)log

AUGUST 11, 2022

common ownership are reciprocal. And it’s not really joint ownership in the real property sense b/c there is always a way out of joint ownership—severance to turn it into tenancy in common, which limits the costs that holdout joint owners can impose on each other. Not available in ©. creation of derivative work.

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Music Copyright Ownership Derivative Work 56

Technology & Marketing Law Blog

MARCH 10, 2022

In a footnote, the court acknowledges the law is “evolving” with respect to employer ownership of social media accounts: The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions. Tito & Tita appeared first on Technology & Marketing Law Blog.

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Social Media Contracts Ownership Business 80

SpicyIP

JANUARY 29, 2024

In a major development concerning the Ibrutinib patent, DHC restrains generic manufacturers from manufacturing and marketing the life-saving anti-cancer drug. SpicyIP Tidbit)Nokia- Oppo SEP Litigation: The Dust (Dispute) Finally Settles! are entitled to collect royalties and can issue licenses, despite not being a copyright society.

Music 59

Music Intellectual Property Copyright IP 59

Kluwer Copyright Blog

MAY 9, 2023

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. Do any copyright exceptions apply to outputs that might otherwise infringe copyright?

Copyright 137

Copyright Fair Use Copyright Law Law 137

Copyright Lately

AUGUST 2, 2022

And unlike the vast majority of songwriters and performing artists who have relinquished ownership rights to musical publishers and record labels, Barlow & Bear decided to release “The Unofficial Bridgerton Musical” themselves, which means keeping more of the earnings. Was it a license on the world’s greatest terms?

Music 102

Music Derivative Work Fair Use Cease and Desist 102

43(B)log

AUGUST 3, 2023

Musicologists in litigation: (1) identify formal similarities—instrumentation, chord progression; (2) opine on how aesthetically similar/significant those similarities are; (3) opine about the rarity of similar features; (4) opine that copying did or didn’t occur. Open Source Smell Culture: perfumers can share formulas using CC licenses.

Music 52

Music Art Copying Licensing 52

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

SpicyIP

AUGUST 15, 2021

Ensuring Access to TB drugs: Is Compulsory License the Way? They highlight that this failure is typified by the stark realities that have come to light in a pending public interest litigation before the Bombay High Court [BHC], regarding access to life saving drugs. Other News from Around the World.

Licensing 83

Licensing Government Reporting Patent Law 83

Technology & Marketing Law Blog

FEBRUARY 23, 2022

.” The NPRM would allow (1) anyone in a corporate family to bring no more than 10 CCB proceedings in any 12 months (though gaming may still be possible through exclusive licenses or ownership transfers), and (2) a law firm to represent clients in no more than 40 CCB proceedings in any 12 months.

Copyright 135

Copyright Law Blogging Ownership 135

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?

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Cease and Desist Contracts Privacy Business 111

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. BPCIA Litigation. Antitrust Litigation. Biosimilar Approvals and Launches in 2020. Conclusion.

Litigation 52

Litigation Settlement Marketing Marketing 52

43(B)log

AUGUST 4, 2023

Room 204 Christopher Buccafusco (w/ Joseph Blocher), Firearms, Innovation, and Regulation How do law and markets affect the pace and direction of innovation for firearm related safety in the US? But none reached the market despite millions in R&D from National Institute of Justice. Costly inefficiencies in supply and demand.

Copyright 52

Copyright Fair Use Marketing Marketing 52

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

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. But as more players enter the market and obtain patent protection for their innovations, IP disputes among competitors are heating up. higher energy density), and more durable than lithium-ion batteries.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52