Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

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Blogging Copying Social Media Copyright 95

Technology & Marketing Law Blog

SEPTEMBER 18, 2021

In 2007, in Perfect 10 v. The plaintiffs gave Instagram a license to display the photos. Court Definitively Rejects AFP’s Argument That Posting a Photo to Twitter Grants AFP a License to Freely Use It — AFP v. Update: I got this cleared up. Which makes their lawsuit even more bizarre]. Breitbart News. Google and Amazon.

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Copyright Copyright Infringement Social Media Licensing 115

The IPKat

NOVEMBER 20, 2022

In a time when the internet existed but the main income of artists and performers was still from selling " copies " of their albums, records, episodes and concerts, he probably would not have even been able to contemplate the existence of a " streaming service " that might change the rules just a few years later. Where were you in 2007?

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Music IP Licensing Copyright 52

Velocity of Content

SEPTEMBER 20, 2021

This figure has slumped markedly since 2007, when it was US$110 billion dollars or more than three times the current number. governments are considering or taking steps to require technology platforms to license the rights to share or display news content from news publishers. How should those licenses be administered?

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Intellectual Property Law Licensing Television Advertising 52

LexBlog IP

AUGUST 3, 2023

The named plaintiff is a photojournalist whose photographs were featured on the websites of various media outlets without a license. To violate the public display right, infringers must “display ‘copies’ of the copyrighted work.” Amazon.com, Inc. ,

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Copying Copyright Social Media Copyright Infringement 52

LexBlog IP

AUGUST 4, 2022

“Embedding” means the process of copying unique HTML code assigned to the location of a digital copy of the photo or video published to the Internet, and the insertion of that code into a target webpage or social media post so that photo or video is linked for display within the target post. Amazon.com, Inc.

Copyright Infringement 52

Copyright Infringement Licensing Publishing Social Media 52

Copyright Lately

AUGUST 2, 2021

Instagram’s argument relies upon the server test, a rule that has its origins in the 2007 Ninth Circuit case Perfect 10 v. Providing these HTML instructions, per the server test, isn’t equivalent to displaying a “copy” of the image. In the meantime, a copy of Nicklen v. Amazon.com , which involved Google image thumbnails.

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Copying Copyright Technology Licensing 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] Which law to choose then?

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Copyright Infringement Law Copyright Intellectual Property 52

Copyright Lately

JANUARY 31, 2023

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. Gravy and his team couldn’t get a license to sample the master recording. “So, The defendants obtained a license to use the former, but not the latter.

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Music Copyright Licensing Copyright Infringement 99

43(B)log

APRIL 28, 2022

He also hosted a reunion and golf tournament in 2007 and engaged in other referential activities; he managed royalties from the licensed USFL apparel from 2011-2021. He also hosted a reunion and golf tournament in 2007 and engaged in other referential activities; he managed royalties from the licensed USFL apparel from 2011-2021.

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The TTABlog

JULY 6, 2021

The Board found that Meenaxi deliberately caused consumers to believe that its products were licensed or produced by the same source as the products sold in India. Otto Kern GmbH , 83 USPQ2d 1861, 1863 (TTAB 2007). The Coca-Cola Company v. Meenaxi Enterprise, Inc. 2021 U.S.P.Q.2d 2d 709 (T.T.A.B. Otto Int’l Inc.

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Registration Marketing Marketing Branding 98

Copyright Lately

JULY 12, 2021

His complaint notes that he’s turned down “countless opportunities” to license his name and likeness in the United States, including in one case turning down a $4 million offer to appear in a car commercial. This case reminds me a lot of a lawsuit that Woody Allen successfully brought against American Apparel back in 2007.

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Copyright Advertising Advertising Settlement 80

SpicyIP

MAY 23, 2022

Abdul Sathar v Nodal Officer, Anti-Piracy Cell, Kerala Crime Branch Office & Anr, 2007. Sureshkumar S/o Kumaran v the Sub Inspector of Police, 2007. Moreover, Section 64 of the Copyright Act shows that on an action of seizure, the police officer can “seize copies of infringing works without a warrant.” Andhra Pradesh.

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Copyright Ownership Copyright Infringement Law 137

The IPKat

NOVEMBER 20, 2023

Lewis Hamilton joined Formula 1 in 2007. They also lacked information on the number of copies sold and their distribution among the general public or the number of online views. Picture is by Rodrigo Chablé and used under the licensing terms of pexels.com. In 2014, he won his second title, followed by his third title in 2015.

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Art Branding Brands Branding 105

IIPRD

FEBRUARY 16, 2024

The Confidential information, which may be sold or licensed, is a Trade Secret and forms a part of Intellectual Property Rights. The other teams can hence copy McLaren, causing the team a disadvantage. The most popular is the ‘ Spygate ‘ (2007). WHAT DO INTERNATIONAL CONVENTIONS SAY? 39 of the TRIPS agreement.

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Intellectual Property Technology Confidentiality Journalism 59

IP Whiteboard

JULY 19, 2021

UMP held the exclusive license to the Song in Australia on behalf of Songs of Universal, Inc. For both the musical work and literary work, the copied chorus was a substantial part of the Song’s works – both quantitively and qualitatively – and was the Song’s most memorable feature. together, Universal ). 10] Facton at [36]. [11]

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Copyright Infringement Copyright Music Publishing 40

43(B)log

FEBRUARY 22, 2021

A: He’s interested in whether it meets the standard, and also whether it would create a problem with future costumes/a licensing culture. Would also be interested in what the cultural norms are: are there anti-copying/divergence expectations? Server test was adopted in 9 th Circuit in 2007. A: But the Ds here aren’t copying!

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Copyright Art Copying Editing 40

TorrentFreak

FEBRUARY 15, 2024

When TVkaista launched in Finland way back in 2007, storing video in the cloud certainly wasn’t taken for granted as it is now. In letters sent to around 20 companies, TTVK warned that without proper licensing, these services were illegal and must be shut down.

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Copyright Infringement Copyright Fair Use Licensing 89

Kashishipr

AUGUST 2, 2021

The Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 and The Customs Act, 1962 form the legal basis for Customs Recordal of IPRs in India. Hard copies of the documents uploaded in the online application are sent along with the UTRN to the Customs Office. Images of genuine goods (for trademarks and designs).

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IP Intellectual Property Registration Registering Trademarks 105

Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. You can judge for yourself by downloading a copy of “Jap Herron” here. In 1999, Cinema Secrets licensed the right to sell a Michael Myers Halloween mask from the film’s copyright owner.

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Copyright Cinema Copying Copyright Infringement 144

Technology & Marketing Law Blog

DECEMBER 11, 2023

Rather, the quoted language came from an SDNY decision ( Tommy Hilfiger Licensing, Inc. 2007)) and the “ My Other Bag ” tote bag (Louis Vuitton Malletier, S.A. As the new threshold test for application of Rogers , courts can’t simply assume trademark use based on the close copying of the plaintiff’s goods. 3d 252 (4th Cir.

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Blogging Trademark Branding Brands 110

The IP Law Blog

MARCH 2, 2021

This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. Published in Landslide , Vol. 3, January/February 2021, by the American Bar Association.

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Intellectual Property Contracts Trademark Trademark Law 52

The IPKat

MARCH 7, 2022

Moreover, if the work sought to be registered is not copyrighted, the public may copy it at once and would be as clearly entitled to call it by its name (case citations omitted). In the last two decades, there have been two movie versions ( 1999 and 2007 ) both called "Mansfield Park", and both claiming to be "based" on the novel.

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Copyright Trademark IP Public Domain 96

LexBlog IP

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] Fashion companies should be aware that they may need to obtain a license to, or ownership of, the copyright from the photographer. Take, for example, a T shirt which features a painting, sculpture, or even graffiti.

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Intellectual Property Design Patent Designs Design 52

Above the Fold

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] Fashion companies should be aware that they may need to obtain a license to, or ownership of, the copyright from the photographer. Take, for example, a T shirt which features a painting, sculpture, or even graffiti.

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Intellectual Property Design Patent Designs Design 40

LexBlog IP

JANUARY 5, 2022

But the Texas courts found no taking, reasoning that nothing was taken from the photographer as he still had the right to use, and license others to use, his photographs. ” When a governmental entity infringes, it is using the inventor’s, or the author’s, creation without license or payment. Straus , 210 U.S.

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Intellectual Property Government Invention Copyright 52

Technology & Marketing Law Blog

AUGUST 11, 2023

The next paragraph “encourage[d]” Mr. Sadlock to “review the updated Subscriber Agreement in full and save a copy for your files. The plaintiff agreed to the TOS in 2007, and the TOS said that Bleacher Report could amend the TOS by providing notice. Bleacher Report claimed it provided user notice of the amendment via an email.

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Contracts Law Reporting Blogging 71

IP and Legal Filings

DECEMBER 6, 2023

The Delhi High Court, while taking note of the documents and evidence on record, concluded that the Plaintiff had, in fact, not consented and given license to the defendants to make the film in any manner that they wished. 2007, I, no. Publicity Rights and the Right to Privacy in India, 31.1 125, pourvoi no.

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