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When is an artist entitled to refuse attribution of an artwork? Italian Supreme Court provides (final) guidance in long-running dispute over Jeff Koons’s The Serpents

The IPKat

As IPKat readers are surely aware, his fame extends well beyond the art world, given that Koons has contributed as litigant to some of the most interesting copyright case law around the world [see, eg, IPKat coverage here ]. Background In 1988, the artefact at issue in the Italian litigation was shown at an exhibition in Cologne (Germany).

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Copyright Infringement and Remedies in Nigeria

IPilogue

Rosemary Nkechi Ogueri is a litigation lawyer and a legal associate at Ogunwale & Associates Law Firm in Nigeria. On the issue of casual connection, the Plaintiff must prove that the infringing work was copied or otherwise taken from their work. In Okilo v Dick Francis and Anor (2003-2007) 5 I.P.L.R In CBS Inc. &

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Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Technology & Marketing Law Blog

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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Federal Circuit Takes Judicial Notice of Wayback Machine Evidence of Prior Art

IP Intelligence

One of Valve’s primary prior-art references was “a printed copy of an online review of an Xbox 360 controller.” 06-CV-1909, 2007 WL 922306, at *5 (E.D.N.Y. In the Valve case, both parties appealed from an IPR decision that some claims of Ironburg’s video-game controller patents were invalid while others were not. Valve Corp.

Art 52
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Is The Server Test Ready for a Reboot?

The IP Law Blog

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. Alexis Hunley et al v. Amazon.com, Inc.

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

LexBlog IP

Set against a brief historical backdrop of “banana-centric art,” Judge Scola observed that, “to ultimately succeed on his claim of copyright infringement, Morford must establish ‘(1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original.’” 26, 2007)). [17]

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WIPIP, Concurrent Session #1, Design

43(B)log

The claim is authenticity: authorized manufacturers and retailers; they call copies counterfeits. When Design Within Reach started, it said in its 2007 10K: “our competitors believe they have exclusive rights” in some of their proudcts, including some of their best selling items, which were reproductions. Compco, etc.)

Designs 59