The IP Law Blog

AUGUST 12, 2021

NCAA , which didn’t directly address the issue but provided clear indicia that the Court intended to deal with the issue eventually? How is that fair? That is clear-cut copyright infringement, except when used in limited circumstances such as a transformative work. It’s really a matter of education.

Intellectual Property 98

Intellectual Property Social Media Licensing Contracts 98

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Section 52 of the Copyright Act, 1957, enumerates specific acts or works that are not deemed infringements of copyright, including fair dealing with a literary, dramatic, musical, artistic work, or work that is not a computer programme.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

SpicyIP

JANUARY 17, 2022

an exception under copyright law. This post is limited to ‘research’, but it may be an interesting thought exercise to consider other fair dealing activities as a privilege. I argue that R2R can have four possible premises – 1.) a right under the constitution 2.) a user right under copyright law.

Copyright Law 119

Copyright Law Copyright Law Art 119

Michael Geist

APRIL 6, 2022

The Internet platforms already license news content where it is reproduced in full with many deals between Canadian publishers and companies such as Google and Facebook. The alternative to mandated arbitration is to strike a deal. It also provides exceptional new powers to the CRTC.

Government 98

Government Business Journalism Marketing 98

Kluwer Copyright Blog

FEBRUARY 28, 2024

Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn. Copyright law has always been an emotional topic. To repeat, copyright law is an emotional topic. Fuelled by AI concerns, it becomes borderline explosive.

Copyright Law 60

Copyright Law Copyright Law Music 60

The IPKat

MAY 22, 2023

Hayleigh Bosher and Coran Darling giving evidence at the Inquiry Artificial intelligence is a highly debated topic in the intellectual property field currently. Text and data mining exception – a suitable option? This decision was met with backlash, particularly from the creative industries.

Music 82

Music Intellectual Property Copyright Technology 82

IPilogue

DECEMBER 9, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. This may become a concern in Canada only when memes are used in a commercial context, as the Copyright Act allows exceptions for non-commercial user-generated content (s. It’s no secret that memes have taken the internet by storm.

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

LexBlog IP

AUGUST 12, 2021

NCAA , which didn’t directly address the issue but provided clear indicia that the Court intended to deal with the issue eventually? How is that fair? That is clear-cut copyright infringement, except when used in limited circumstances such as a transformative work. It’s not. It’s really a matter of education.

Intellectual Property 52

Intellectual Property Licensing Social Media Contracts 52

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 138

Copyright Fair Use Copyright Law Law 138

The IPKat

JULY 9, 2023

Furthermore, although the book deals with copyright, it is mainly American copyright and not British copyright. It might also have been interesting to examine the various topics covered from a European perspective. It should also be noted that appropriating artists such as Jeff Koons have also won disputes based on fair use.

Art 57

Art Copyright Moral Rights Cease and Desist 57

Michael Geist

SEPTEMBER 21, 2022

But rather than focus on programs that have offered hundreds of millions in support, Bill C-18 turns to the Internet platforms and the argument that there should be fair compensation for the use of journalist content. While there might indeed be support for a bill that did that, the reality of Bill C-18 is far different.

Government 94

Government Journalism Advertising Advertising 94

Patently-O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?) Bottom line, no patent cases were decided by the Court in the 2021-2022 term and none were granted certiorari for the new term starting this week.

Patent Law 125

Patent Law Law Patent Invention 125

The IPKat

NOVEMBER 27, 2023

Acquiescence is a topic of interest following the CJEU in Heitec (see Volume 9 ) and the UK Court of Appeal in Combe (see Volume 12 ). For one, merely trading as a legitimate entity is enough, for that pushes the matter into the realms of a trade mark dispute and the CNT prefers the Court to deal with those.

Editing 70

Editing Registration Branding Brands 70

SpicyIP

AUGUST 28, 2022

see 2021’s draft on Permitted Uses and its notes ), at the international level they are called/negotiated/lobbied as limitations or/and exceptions (L&Es) (e.g. Generally, limitations possess a broader scope than exceptions but nowadays are mentioned together and sometimes used interchangeably. create works and make them available).

IP 138

IP Copyright Fair Use Public Domain 138

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. c) Top 10 Other IP Developments.

IP 143

IP Intellectual Property Copyright Trademark 143

IPilogue

DECEMBER 22, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. The US is taking steps towards giving consumers these options with some recent changes to anti circumvention exceptions in section 1201 of the Digital Millennium Copyright Act. Everything breaks eventually. It sounds bleak.

Intellectual Property Law 106

Intellectual Property Law Blogging Fair Use Intellectual Property 106

SpicyIP

JULY 26, 2021

Topical Highlight. Fear Won’t Take You Anywhere: Delhi HC Revisits Bolar Exception, Rules Apprehensions Cannot Deny Liberty under Section 107A. She then highlights that while copyright and trademark act contemplate post infringement injunctions, John Does are an exception rooted in equity. July 20, 2021].

Copyright 97

Copyright Patent Television Intellectual Property 97

43(B)log

FEBRUARY 4, 2023

Justin Koo, Exporting Fair Use to Developing Copyright Systems Difficult to grow when the law doesn’t have flexibility—across the Commonwealth Carribean. Discussion about moving from fair dealing to fair use hasn’t focused on developing countries/© systems in particular. Will importing fair use solve any problems?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

The IPKat

AUGUST 24, 2021

In the area of exceptions, new fair dealing purposes were added for quotation (a significant expansion on the existing exception for criticism and review), as well as for caricature, parody and pastiche. For instance, the passage on copyright exceptions (chapter 3.2.9)

Art 98

Art Copyright Editing Publishing 98

Kluwer Copyright Blog

APRIL 5, 2022

On 24 March 2022, the CJEU issued its judgment in the Austro-Mechana case which tackles the private copying exception and the compensation for the reproduction and storage of copyright material in the cloud. Still in March, the European Partliament and the Council came to a deal with respect to the Digital Markets Act.

Copyright Law 60

Copyright Law Copyright Law Music 60

SpicyIP

AUGUST 30, 2021

Topical Highlight. Domex Advertisement: Product Disparagement or Nominative Fair Use? In this guest post , Pragya Jain offers an independent analysis of the law in relation to comparative advertising and nominative fair use and applies it to analyse a recent YouTube commercial by Domex, a Hindustan Unilever Ltd. Sun Pharma v.

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

The IPKat

AUGUST 6, 2023

‘Developments in IP Policy, Practice, and Literature’ I am not sure what the difference between the titles of Parts 1 and 5 is since all the contributors are KatFriends, and only one essay in Part 5 deals with actual literature, which is Jane Austen’s controversial third novel ‘Mansfield Park’.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Copyright Law 52

Kluwer Copyright Blog

JUNE 1, 2023

Our members are leading European scholars and academics from various European countries seeking to share their views with the public and decision makers and to pursue the overall public interest on all topics concerning the authors’ rights, neighboring rights, and related matters. These would include sustainable development and copyright.

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Copyright Law Copyright Law Art 111

Technology & Marketing Law Blog

AUGUST 30, 2021

The problem with Flo & Eddie’s argument was that it wasn’t completely crazy, except to someone steeped in this history. The deal was complex, with contingencies depending on the ultimate outcome of appeals in each of the three actions. In April 2015, four members of Congress introduced the Fair Play Fair Pay Act , H.R.

Blogging 83

Blogging Copyright Settlement Music 83

LexBlog IP

APRIL 15, 2022

At the same time, art fairs such as West Bund Art & Design [3] and ART021 Shanghai Contemporary Art Fair [4] have brought together top galleries, artists, and art lovers from around the world, contributing to large volumes of international art transactions and accelerating the integration of China’s art market with the global art market.

Art 52

Art Marketing Marketing Artwork 52

LexBlog IP

NOVEMBER 8, 2023

If the use has clearly taken place and ceased before the exercise of the application, article 49 of Law 2121/1993 is applicable, dealing with reasonable and uniform remuneration in the context of regular proceedings or trials. Equitable remuneration under article 49 of Law 2121/93 is not among these exceptions.

Music 52

Music Related Rights Law Contracts 52

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co.

IP 124

IP Copyright Trademark Intellectual Property 124

TorrentFreak

NOVEMBER 7, 2021

DMCA is Ill-Suited to Dealing With Live Sports Events. ” As an exception, Epstein referenced the Protecting Lawful Streaming Act passed late last year , which closed the so-called streaming loophole by making the streaming of infringing content a felony. Epstein felt that neither would be an issue. “The answer is we have.

Law 115

Law Technology Social Media Copyright 115

Technology & Marketing Law Blog

MAY 18, 2023

Google cases (as well as decisions in the Warhol copyright fair use case and the Amgen patent enablement case). Between the two decisions, we get a powerful opinion on the topic of “aiding and abetting” online, while Section 230 dodged its first SCOTUS review. Today was the 2023 Super Bowl of Internet Law at the U.S.

Social Media 137

Social Media Law Fair Use Blogging 137

SpicyIP

JANUARY 27, 2024

Without further ado, here’s what I found in Decembers: Rahul Cherian’s Legacy regarding Copyright Disability Exceptions: The name Rahul Cherian remains etched in the annals of Indian IP law, celebrated for his unwavering commitment to promoting access to copyrighted works. For larger-than-law-type posts on this topic, check Prof.

IP 64

IP Licensing Copyright Blogging 64

The IPKat

AUGUST 11, 2022

KECOBO's advisory on memes and copyright law The advisory defined a meme as "an image, video or text used in social media for humorous or political banter and illustrative of a line of thought on a topic under discussion".

Social Media 93

Social Media Copyright Copyright Law Due Diligence 93

43(B)log

FEBRUARY 3, 2024

Joy of producing/consuming can be important motivation for activities, though, so exploring how courts deal with it in IP is important. Expected to find a lot of talking around the topic of pleasure, but surprised to find a lot of hostility to, especially, defendants’ enjoyment of their own conduct. We have a bunch of that too—cf.

IP 59

IP Marketing Marketing Patent 59