IP and Legal Filings

DECEMBER 17, 2023

Historical lookback The amendment to the existing copyright law act of 1957 was carried out owing to the sensitization of issue of copyright management and revenue sharing structure that is fair and reasonable to all owners and writers of filmed and recorded works. [i]

Copyright Law 69

Copyright Law Copyright Music Law 69

Likelihood of Confusion

NOVEMBER 29, 2021

This was originally published on January 22, 2009: Working from home today after a bruising few weeks at work (see yesterday’s post!), The post Best of 2009: “Adverference?” I finally figured out what was going on. ” appeared first on LIKELIHOOD OF CONFUSION™.

Publishing 52

Publishing Fair Use Trademark Law Copyright Law 52

Likelihood of Confusion

JUNE 14, 2023

The post Best of 2009: “Infinity Dollars” — IP damages and the jury, Part 1 appeared first on LIKELIHOOD OF CONFUSION™. A lot of people, including judges, lawyers and civilians, don’t seem to really understand what statutory damages are all about. They are not supposed to be a windfall (discussed more.

IP 52

IP Trademark Law Copyright Law Law 52

Likelihood of Confusion

APRIL 16, 2022

Posted November 24, 2009. Yes, people do have some funny ideas of what kinds of things to protect with copyright, don’t they? The post Best of 2009: They always get their man appeared first on LIKELIHOOD OF CONFUSION™. A few years ago, criminal enterprise Milberg.

Copyright 52

Copyright Copyright Law Law 52

IPilogue

DECEMBER 10, 2021

Seventy-two years later, Scott-Giles’ granddaughter, Jocelyn Bundy, noticed that “ an image virtually identical ” to Scott-Giles’ illustration was being used in the popular grunge-rock band Nirvana’s merchandise and brought a copyright infringement lawsuit in the United States for damages covering decades of sales. copyright law.

Copyright Infringement 111

Copyright Infringement Copyright Public Domain Ownership 111

The IPKat

SEPTEMBER 24, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriend Jakub Wyczik (University of Silesia in Katowice) on Artificial Intelligence (AI) and the application of copyright subsistence criteria. Human author It is well known that copyright protects products of the human mind (see Feist v. 99 (1879) ).

Copyright 138

Copyright Derivative Work Music Copying 138

IPilogue

MAY 18, 2022

If so, should those works be protected by copyright? And who would own that copyright? . Response from Copyright-granting bodies. CIPO has reached a conclusion after they recently issued copyright to a piece of art with an AI tool listed as a co-author (along with a human co-author). Can AI produce original works?

Business 119

Business Copyright Intellectual Property Ownership 119

Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. We, who have been writing and teaching about copyright law and how it has responded to challenges posed by new technologies for decades, were among those who submitted comments, see [link].

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Kluwer Copyright Blog

MARCH 6, 2023

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. 3 and 4) and in Singapore’s new Copyright Act (Art. 243, 244), seek to protect the ability of text and data mining researchers to use copyrighted content in their work.

Copyright 121

Copyright Social Media Publishing Licensing 121

Kluwer Copyright Blog

NOVEMBER 16, 2023

Photo by Udo Pohlmann via Pixabay Over the last decades, European lawyers got used to the – at times remarkable and even forceful – interventions of the Court of Justice of the EU (CJEU) in copyright law. The Safarov case In 2009, Safarov authors a book. He sues for copyright infringement and claims damages.

Copyright 91

Copyright Copying Copyright Law Marketing 91

IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.”

Copyright 88

Copyright Public Domain Copying Publishing 88

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. — Of course, no state law claim is exactly the same as a copyright claim.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

TorrentFreak

MARCH 9, 2023

Founded in 2009, the file-sharing and hosting platform grew out to become one of the country’s most-visited websites. This didn’t go unnoticed by copyright holders, including the RIAA, who repeatedly complained about widespread piracy on the platform. From: TF , for the latest news on copyright battles, piracy and more.

Copyright Law 109

Copyright Law Television Copyright Law 109

SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? You can see his previous posts for us here. Akshat Agrawal.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

Kluwer Copyright Blog

SEPTEMBER 20, 2022

In its judgment of 1 September 2022, the Court determines that Azerbaijan failed to enforce copyright in respect of the unlawful digital reproduction and communication of a published book. Although the IPU did not pursue an economic interest when making his book available online, the applicant argued that his copyright was infringed.

Copyright 56

Copyright Intellectual Property Copyright Law Law 56

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

TorrentFreak

FEBRUARY 15, 2024

At the time, similar services were also being offered by several of Finland’s internet service providers but for the members of the Copyright Information and Anti-Piracy Center (CIAPC, also known as TTVK), this was a serious breach of copyright law.

Copyright Infringement 91

Copyright Infringement Copyright Fair Use Licensing 91

IP and Legal Filings

MARCH 12, 2024

To protect the right of creators, Copyright law was introduced, fostering creative innovation. Copyright Law and Insufficient Injunctions The British Statute of Anne, 1710, was the first copyright statute. In India, the Copyright Act of 1957 grants certain rights to creators.

Intellectual Property 81

Intellectual Property Copyright Journalism Copyright Infringement 81

TorrentFreak

JANUARY 22, 2022

This type of arrangement allows lower-level individuals to sell subscriptions to their own customer bases while also helping to shield providers from unwanted attention from copyright holders and authorities. He was sentenced for aiding and abetting violations of the Copyright Act and was considered for a four-month prison sentence.

Copyright 127

Copyright Copyright Infringement Copyright Law Reporting 127

Plagiarism Today

SEPTEMBER 28, 2021

In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.” As with many aspects of copyright, the only way to get a definitive answer on a fair use question is to have a case go to court and have either a judge or a jury decide the outcome.

Fair Use 238

Fair Use Non-Fungible Tokens Copyright Social Media 238

43(B)log

FEBRUARY 19, 2022

Copyright Law Why are we so sure facts are excluded from the statute when the statute doesn’t use that word and uses a lot of other words. Harper & Row is cited by Feist to reiterate that selection coordination and arrangements of facts can be copyrightable. Looked at leg history and cases cited by Feist.

Copyright 59

Copyright Moral Rights Artwork Art 59

TorrentFreak

DECEMBER 23, 2021

Following their victory at the local elections, the Swedish Pirate Party secured a seat at the European Parliament in 2009, with another one being added a year later. From: TF , for the latest news on copyright battles, piracy and more. But they were wrong to dismiss this political movement right off the bat.

Government 137

Government Copyright Law Copyright Law 137

Likelihood of Confusion

SEPTEMBER 11, 2023

Originally posted 2009-12-22 17:19:47. This Copywrite blog is really good. Republished by Blog Post Promoter The post Copywrite appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 59

Blogging Copyright Law Law Copyright 59

TorrentFreak

APRIL 27, 2024

In the summer of 2009, hackers from all over the world gathered at an outdoor conference near Vierhouten in the Netherlands. “The best [achievement] is the CJEU ruling that The Pirate Bay is a copyright-infringing service. This includes emerging technologies including artificial intelligence. And that, in turn.

Copyright Infringement 98

Copyright Infringement Copying Content Creation Marketing 98

The IPKat

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? It should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law.

Government 141

Government Related Rights Copyright Law 141

TorrentFreak

NOVEMBER 10, 2022

Launched around 2009, Hellspy and Hellshare had successfully weathered the Megaupload storm. No Shortage of Copyright Complaints. ko television networks, AKTV’s responsibilities include defending the rights of its members and ensuring that everyone respects copyrights. and Hellspy.sk. and Hellspy.sk. “Our

Branding 128

Branding Brands Branding Television 128

Kluwer Copyright Blog

NOVEMBER 22, 2021

In addition to rights of the author, German copyright law also recognises related rights. The exhaustion of copyright in computer programs, which is harmonised under European law in Article 4(2) of the Computer Programs Directive (2009/24), was transposed into law in Germany in Section 69c No.

Related Rights 52

Related Rights Law Copyright Copying 52

IIPRD

AUGUST 11, 2023

No strict actions are taken against these infringements; in fact, in a Supreme Court case in Japan in 2009 [1] the creator of file sharing program known as ‘Winny’ was not found guilty of infringing content through providing file-sharing software and his actual intent of legitimate legal use was considered over the alleged infringement.

Art 52

Art IP Intellectual Property Copyright 52

Kluwer Copyright Blog

JANUARY 9, 2024

Photo by Heliberto Arias on Unsplash A loophole in copyright protection? The 2009 directive on the legal protection of computer programs (the Software Directive ) grants copyright protection to all forms of expression of computer programs. Its Article 4(1) mentions three exclusive rights.

Copyright 66

Copyright Copying Copyright Law Designs 66

The TTABlog

MARCH 2, 2022

Barrie's Peter Pan , first staged in 1904, and so the parties were in agreement that under copyright law, both the name and the character are in the public domain. It has used TINKER BELL as a trademark for dolls since 2007 and registered the mark in 2009 without a Section 2(f) acquired distinctiveness claim. Welch 2022.

Public Domain 72

Public Domain Designs Design Registration 72

SpicyIP

SEPTEMBER 11, 2023

AI and Copyright: More Developments – Human Prompts are Not ‘Direct Instructions’ After the Thaler case, the US Copyright Office passed another interesting order on AI-generated works, this time refusing the registration due to the work’s failure to meet the de-minimis threshold.

Registration 105

Registration Trademark Copyright Music 105

SpicyIP

FEBRUARY 27, 2024

For instance, see Thomas Vallianeth’s post pondering upon Copyright Aspects in Open World Gaming and arguing that “open world gaming contains elements that need to be granted distinct protection as opposed to the generic protection as computer programs.” ” which addresses YouTube’s ‘Content ID’ mechanism.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

IP Intelligence

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. Goldsmith , 598 S. 1258, (2023).

Fair Use 105

Fair Use Licensing Music Art 105

SpicyIP

JANUARY 27, 2024

Without further ado, here’s what I found in Decembers: Rahul Cherian’s Legacy regarding Copyright Disability Exceptions: The name Rahul Cherian remains etched in the annals of Indian IP law, celebrated for his unwavering commitment to promoting access to copyrighted works. As noted in Prof. At least, not for me.

IP 64

IP Licensing Copyright Blogging 64

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? Buying Copyrights. The first thing that’s important to understand is that buying a copy of a creative work, even if it happens to the only copy in existence, doesn’t give you any copyright interest in the work. Buying Objects ?

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

LexBlog IP

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. ” (S. Goldsmith , 598 S.

Fair Use 52

Fair Use Licensing Music Art 52

IP Intelligence

JUNE 6, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. Goldsmith , 598 S. 1258, (2023).

Fair Use 40

Fair Use Licensing Music Art 40