IPilogue

JULY 12, 2021

May 21 was a historic day for copyright fanatics around the country. During her 17 years on the highest court in Canada, Justice Abella was instrumental in advancing users’ rights in Canadian copyright law, particularly helping develop Canada’s fair dealing jurisprudence. v Teranet Inc. v Teranet Inc. v Law Society of Upper Canada.

Copyright Law 120

Copyright Law Copyright Law Music 120

Michael Geist

FEBRUARY 21, 2023

Canadian copyright lobby groups have relentlessly lobbied the government to overturn decades of Supreme Court of Canada jurisprudence, seeking unprecedented restrictions on fair dealing that include eliminating it for educational institutions if a licence is available.

Copyright 53

Copyright Licensing Higher Education Fair Use 53

Copyright Lately

OCTOBER 25, 2021

Here are some of the greatest copyright horror stories, featuring such classics as “Nightmare on Elm Street,” “Halloween,” “Dracula,” “Ghostbusters” and … a creepy McDonalds character? The only thing scarier than a slasher flick is a lawsuit. It’s Halloween time again! Skully Curly.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

Michael Geist

AUGUST 3, 2021

” The decision removes any doubt that the Supreme Court remains strongly supportive of user’s rights in copyright and vindicates years of educational policy in shifting away from Access Copyright toward alternative means of ensuring compliance with copyright law.

Copyright 100

Copyright Copying Copyright Infringement Licensing 100

Technology & Marketing Law Blog

JULY 25, 2022

Eleven days ago, the Ninth Circuit reaffirmed that: (1) the discovery rule of accrual applies to the Copyright Act’s three-year statute of limitations; and (2) when the discovery rule applies, the copyright owner is not limited to damages for acts occurring within three years before the date of filing the lawsuit. July 14, 2022).

Blogging 86

Blogging Copyright Licensing Copyright Infringement 86

IPilogue

OCTOBER 26, 2022

The Code of the Cultural and Landscape Heritage’s legal force is separate from copyright laws and remains in effect when copyright protection does not. The Italian Code , which came into effect in 2004 and was updated in 2016, operates independently from copyright law. In Canada, under the s.

Social Media 120

Social Media Cease and Desist Public Domain Artwork 120

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790).

Contracts 98

Contracts Copyright Law Cease and Desist 98

IP and Legal Filings

AUGUST 14, 2023

2] [image Sources: Shutterstock] When it comes to disagreements over IPR that occur across international borders, this type of dispute is treated the same way as contractual disagreements over the transfer and licensing of these rights are treated: as a tort that falls under general jurisdictional guidelines. [3]

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

IP and Legal Filings

NOVEMBER 23, 2023

Publicity, such as character, reputation and personal brand, will be protected under various statutes, such as the Copyright Act 1957 and the Trade Marks Act 1999. 4] Copyright Act 1957 [5] Sports.ndtv.com/football/bastian-schweinsteiger-sues-hong-kong-company [6] Indiatoday.in/sports/singapore-billionaire-acquires-ronaldo-image-rights

Intellectual Property 97

Intellectual Property Privacy Branding Brands 97

The IPKat

NOVEMBER 20, 2022

When he was inducted into the Rock and Roll Hall of Fame in 2004, Prince said, " When I first started out in the music industry, I was most concerned with freedom. From the perspective of a national court, TPB operators would therefore be primarily liable for copyright infringement.

Music 52

Music IP Licensing Copyright 52

43(B)log

AUGUST 4, 2021

Universal safe harbor; first sale; operating outside ©’s exclusive rights (Aereo) [largely failed]; admin state—compulsory licenses, recording device levy; other: ASCAP/BMI consent decree; DMCA safe harbors; Section 1201 exceptions. Digital TV: operating outside © failed, and Aereo also failed to get a §119 compulsory cable license.

Copyright 45

Copyright Licensing Fair Use Contracts 45

Technology & Marketing Law Blog

DECEMBER 15, 2021

A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. The DMCA’s main counterbalance to copyright owner overreach was supposed to be 512(f).

Registration 112

Registration Fair Use Copyright Designs 112

43(B)log

OCTOBER 13, 2021

Also, the use here was commercial because “commercial” in §107 doesn’t mean commercial, but “whether the user stands to profit from exploitation of the copyrighted material without paying the customary price.” 00-cv-6068, 2004 WL 434404 (S.D.N.Y. Another SDNY case, MasterCard Int’l Inc. Nader 2000 Primary Comm.,

Fair Use 83

Fair Use Music Marketing Marketing 83

The IPKat

SEPTEMBER 24, 2021

The attention of this SpecialKat was recently drawn to the decision of the Nigerian Court of Appeal in Banire v NTA-Star TV Network Ltd regarding the question of authorship and ownership of copyright in photographs used for advertising purposes and the issue of image rights in Nigeria.

Ownership 91

Ownership Artistic Work Contracts Copyright 91

43(B)log

MARCH 1, 2022

The passage is “separately copyrighted,” by which I take it the court means “separately registered.” Bell allegedly offers licenses for its use. Fee award: “[A]ttorney’s fees to the prevailing party in a copyright action is the rule rather than the exception and should be awarded routinely.” NXIVM Corp. Ross Institute, 364 F.3d

Fair Use 90

Fair Use Social Media Licensing Marketing 90

Velocity of Content

JUNE 8, 2022

All copyrights, except one, expire.*. Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about. Confused yet? Just wait.]. essentially, forever.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

SpicyIP

FEBRUARY 12, 2024

The plaint was filed seeking permanent injunction against the respondent’s use of trademarks “YEH KHILA YEH KHILA” and “TIN TIN,” alleging trademark infringement, passing off, and copyright violations. The Plaintiff has been using the infringed trademark ‘FLY HIGH’ since 2004.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Fish & Richardson Trademark & Copyright Thoughts

APRIL 26, 2022

99-4876-JBS, 2004 WL 2851955 (D.N.J. The court found that § 287(a) applied to products made in accordance with a broad cross-license between plaintiff’s predecessor and its licensee IBM. 287 should end on November 8, 2004,’ the expiration of that covenant.” at *2 (citing Clancy Sys. Symbol Techs. 1170, 1174 (D. PSC, Inc. ,

Patent 52

Patent Licensing Patent Infringement Law 52

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. 3] The legal pitfall people ignore is the lack of clear communication over the copyrights of the character. 4] Andrew L. 2d 119 (2d Cir.

IP 52

IP Artwork Contracts Intellectual Property 52

IIPRD

OCTOBER 4, 2022

Up until a few years ago, the Starbucks sleeve was also copyrighted and that’s beside their trademarked logo being printed on each sleeve served. Starbucks and the EIPO also found middle ground through trademark licensing. Conclusion and Possible Implications for India.

Intellectual Property 40

Intellectual Property Trademark Registration Licensing 40

SpicyIP

JULY 19, 2021

Adyasha notes that while the Copyright Act deems the producer of a film as its author, that doesn’t imply that author and copyright owner would necessarily remain the same perpetually. She also highlights another surprising change i.e., the inclusion of the requirement of written authorization from the author of a film. 14 July, 2021].

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

LexBlog IP

SEPTEMBER 7, 2021

One year ago, the Wake Forest Journal of Business & Intellectual Property Law addressed the prospect of compulsory licensing under the Trade-Related Aspects of Intellectual Property Rights ( TRIPS Agreement ). In 2004, the joint venture filed U.S. By: Benjamin Suslavich. Instead, it would only exasperate the situation.

IP 52

IP Intellectual Property Intellectual Property Law Licensing 52

The IPKat

SEPTEMBER 14, 2022

Goold believes the Digital Revolution similarly entails novel risks of accidents, here: accidental patent or copyright infringement (in the book and this review, references to 'IP' should be read as to these two species). Meanwhile, traditional safeguards designed to prevent accidents have gradually eroded over time" [ibid]. MercExchange.

IP 91

IP Intellectual Property Patent Law Technology 91

The TTABlog

APRIL 6, 2022

Priority: Applicant ADOL proved that it first used the subject marks in the United States in April 2004. As in Moreno , the agreement the written agreement between Illyrian and GKS did not give Illyrian any ownership interest in the marks, but only a license permitting it to use the marks as the distributor of the brandy. ADOL Sh.p.k.

Ownership 52

Ownership Registration Trademark Contracts 52

Technology & Marketing Law Blog

JANUARY 24, 2023

SMART Copyright Act. A very dumb law that would authorize the Copyright Office to force UGC sites to adopt expensive and overrestrictive technological controls as dictated by copyright owners. EARN IT Act. This bill started as a twofer: ban E2E encryption AND repeal Section 230 for CSAM claims. Still, the news was bad for hiQ.

Law 114

Law Social Media Government Privacy 114

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

Patent and Trademark Office, Lawrence has also assisted clients with patent due diligence, patent prosecution, and other non-litigation patent analysis, including IP licensing. Liz Ranks concentrates her practice in patent litigation, as well as trademark, trade secret, copyright, and commercial litigation. Eric received his J.D.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

LexBlog IP

MARCH 28, 2022

To further complicate the situation however, while arguably the founder holds some rights in the logo as a result of their own creativity in the design, the cartoon image is the property of the online platform and the platform would hold intellectual property rights (notably copyright) in the cartoon image. Practical takeaways.

Ownership 52

Ownership Intellectual Property Content Creation Business 52

43(B)log

AUGUST 22, 2022

There was also no copyright preemption. 4th 135 (2004); cf. Sony had an incentive to secure any necessary licenses and warranties, and it allegedly claimed to have “overwhelming objective evidence” of authenticity, “a message at least in tension with its present claim that verifiability was unattainable.” citing Rezec v.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. Assignments of IPRs have to be mandatorily registered at the respective IPR office (except for copyrights). bn USD by Nokia.

IP 40

IP Intellectual Property Branding Brands 40

The IPKat

JUNE 23, 2022

The Claimant Heitec adopted its name as early as 1991, the Defendant Heitech in around 2004. A claim for copyright infringement and passing off was issued in December 2019. Retromark rarely strays into copyright, but that was the main basis of Shazam’s successful claim. Under EU law, no, says the CJEU. IPKat here.

Branding 73

Branding Brands Branding Litigation 73

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

For the first time since FDA licensed the first biosimilar, Sandoz’s Zarxio ® (filgrastim-sndz), in 2015, the United States saw a decrease in annual biosimilar approvals in 2020. Legislation Relating to Biologics and Biosimilars. BPCIA Litigation. Antitrust Litigation. Post-Grant Challenges at the PTAB. Conclusion.

Litigation 52

Litigation Settlement Marketing Marketing 52