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The Choice Of Law Debate In Copyright Infringement

IP and Legal Filings

Since copyright is “universal”, some argue that the lex originis should be utilised to determine who owns works that have been plagiarised. Since copyright in whatever form (even first ownership) is subject to the territoriality principle, many argue that lex loci protectionis is the appropriate course of action. [10]

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The Narrative of One’s Life: A Sneak Peek Into the “Who is the Bad Art Friend?” Controversy

IPilogue

A literary controversy surrounding a copyright claim has taken over the North American online writing community, and it involves a kidney donation, a private Facebook group, and a short story.? . Dorland’s copyright infringement claims were allowed, while her claim for intentional infliction of emotional distress was denied.? .

Art 105
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Copyright Goes Bananas: District Court Rejects Maurizio Cattelan’s Motion to Dismiss Copyright Claim Against His Taped Banana

LexBlog IP

Cattelan moved to dismiss Morford’s infringement and plagiarism claims on three grounds: [7]. Morford cannot claim ownership over a natural element (a fruit) and a functional component (duct tape). 13] He argued that those elements were original and thus protectable and, in this case, infringed by Cattelan’s Comedian.

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The Supreme Court’s Unsettling Attempt at Settling the Debate on Section 63 of the Copyright Act

SpicyIP

On the 20th of May, the Supreme Court, in M/s Knit Pro International vs The State of NCT of Delhi & Anr , held that offences under Section 63 of the Copyright Act, 1957 are cognizable and non-bailable offences. Abdul Sathar v Nodal Officer, Anti-Piracy Cell, Kerala Crime Branch Office & Anr, 2007. Andhra Pradesh. State Govt.

Copyright 137
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Apples and Oranges: District Court Grants Maurizio Cattelan’s Summary Judgment Motion in Copyright Claim Against His Art Basel Banana

LexBlog IP

sent on June 9, 2023 by granting Italian artist Maurizio Cattelan’s motion for summary judgment in a copyright lawsuit fellow artist Joseph Morford brought against him in the Southern District of Florida. [1] Morford’s claim is barred by the copyright doctrine of merger. 22] The banana is a real banana. [23]

Art 52
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Why Astley’s New Soundalike Lawsuit Should Be Rickrolled Out Of Court

Copyright Lately

Is Rick Astley’s right of publicity claim against Yung Gravy for vocal impersonation on a collision course with the federal Copyright Act? British singer Rick Astley is best known for “ Never Gonna Give You Up ,” a song people voluntarily listened to in 1987 and were tricked into listening to in 2007. ” 17 U.S.C. §

Music 99
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Intellectual Property Tools for Protecting Fashion Goods

LexBlog IP

The term of a copyright for a particular work may depends on certain factors such as whether it has been published, and, if so, the date of first publication. [2] 2] The general rule for works created after January 1, 1978, provides that copyright protection lasts for the life of the author plus an additional 70 years. [3]