The IPKat

MARCH 24, 2023

Last week, Nigeria’s President signed the Copyright Act 2022 which repeals the Copyright Act of 2004 (the old Act). The Copyright Act 2022 as previously reported here on The IPKat is aimed inter alia at protecting the rights of authors and providing appropriate limitations and exceptions to guarantee access to creative works.

Copyright 82

Copyright Moral Rights Fair Use Related Rights 82

Technology & Marketing Law Blog

DECEMBER 15, 2021

In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. Diebold from 2004, which led to a $125k damages award. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Registration 110

Registration Fair Use Copyright Designs 110

Technology & Marketing Law Blog

AUGUST 2, 2021

Note About Fair Use. Register.com v. Verio (Trespass to Chattels section). Online Trespass to Chattels: a Failed Experiment. Copyright Basics (Copyright Office Circular 1). Note on the Copyright Claims Board (CCB). Cartoon Network v. CSC (2d Cir.). MGM Studios v. Grokster (Sup. Secondary Liability. Review: 17 U.S.C. 512 [[link].

Editing 145

Editing Law Privacy Contracts 145

Technology & Marketing Law Blog

JULY 12, 2022

Note About Fair Use. Comparison of Trespass to Chattels Doctrines. Hamidi (Cal. Register.com v. Verio (Trespass to Chattels section). Copyright Basics (Copyright Office Circular 1). Cartoon Network v. CSC (2d Cir.). MGM Studios v. Grokster (Sup. Secondary Liability. Review: 17 U.S.C. 512 [[link]. Section 512(c) Cheat Sheet. Ashcroft v.

Editing 139

Editing Law Social Media Privacy 139

Michael Geist

FEBRUARY 21, 2023

First, the 2012 reform of fair dealing largely codified existing copyright law, which included private study and research as fair dealing purposes. In fact, it fell well short of calls to adopt a “fair use” standard in Canada similar to that found in the U.S. The addition of “education” was hardly an overhaul.

Copyright 53

Copyright Licensing Higher Education Fair Use 53

Velocity of Content

JUNE 8, 2022

Peter and the Starcatchers (2004 novel, the first in a series). Their reuse of the underlying materials may (in theory) be excused under the doctrine of fair use, including parody , or what is increasingly referred to as ‘ transformative use’ – a concept itself derived from the four fair use factors called out in Title 17 (Section 107).

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

IP and Legal Filings

MARCH 5, 2024

Yet in cases involving keyword advertising, the courts have used the concepts of trademark infringement and dilution. 2004) The Delhi High Court ruled that if there was a possibility of confusion, using a brand as a keyword in an internet advertising business might be considered trademark infringement. Sifynet Solutions Pvt.

Trademark 87

Trademark Social Media Advertising Advertising 87

IP and Legal Filings

FEBRUARY 16, 2023

But due to this clause the trademark is reserved to them for 5 years even to question of non-use it can be reduced to 2 or 3 years since it is sufficient time to give, 5 years is a huge time in mean while the others can avail the mark and make a fair use of the same. TRA/159/2004/TM/DEL] [iii] K.R REFRENCES [i] M/S.

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Trademark Registration Registering Trademarks Advertising 52

SpicyIP

JANUARY 20, 2024

Then in 2004, IIT Kharagpur’s Rajiv Gandhi School of IP came into being with generous funding from US billionaire Vinod Gupta. An interesting tidbit here is that this suggestion of the IP Chair first appeared in Professors Khodie and Ponnuswami’s 1987 report along with other suggestions.

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Government IP Intellectual Property Reporting 112

LexBlog IP

SEPTEMBER 29, 2022

1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23). In the US, other sound marks include Law & Order ’s ca-chung chung (as Reg. Here in a nutshell is the query the Court addressed: 16 Under Article 7(1)(b) of Regulation 2017/1001, trade marks which are devoid of any distinctive character shall not be registered.

Trademark 52

Trademark Registration Music Intellectual Property 52

43(B)log

AUGUST 4, 2021

Jacob Victor, Copyright’s Law of Dissemination: trying to disaggregate dissemination from use of a work in new creativity/e.g., transformative fair use. Judicial: Google Books/utility expanding fair use; Sony v. Also purpose as a consideration in finding infringement.

Copyright 45

Copyright Licensing Fair Use Contracts 45

Copyright Lately

OCTOBER 25, 2021

The judge rejected BMG’s fair use defense, holding that the defendants took more elements from the “Nightmare on Elm” street films than they needed to accomplish any parodic purpose. New Line successfully moved for a preliminary injunction to block the video’s release. Dawn of the Dead.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

43(B)log

OCTOBER 13, 2021

Fair use can rarely be decided on a motion to dismiss, the court said, and this wasn’t one of those cases. Cariou , by contrast, involved fair uses where works were “obscured and altered to the point that [they were] barely recognizable.” 00-cv-6068, 2004 WL 434404 (S.D.N.Y. So too here. Nader 2000 Primary Comm.,

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Fair Use Music Marketing Marketing 83

Technology & Marketing Law Blog

JANUARY 27, 2022

The first Supreme Court ruling on fair use in over a quarter-century, and it’s a good one. Before that, John Ottaviani and I assembled lists of top Internet IP cases for 2005 , 2004 and 2003. Yay, we got our first Supreme Court opinion interpreting the CFAA. Mahanoy School District v.

Social Media 125

Social Media Law Privacy Government 125

Technology & Marketing Law Blog

JANUARY 24, 2023

Before that, John Ottaviani and I assembled lists of top Internet IP cases for 2005 , 2004 and 2003. * * * My publications in 2022: Advertising Law: Cases and Materials (with Rebecca Tushnet), 6th edition (2022) Internet Law: Cases & Materials (2022 edition) The Constitutionality of Mandating Editorial Transparency , 73 Hastings L.J.

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Law Social Media Government Privacy 112