IPilogue

JULY 12, 2021

May 21 was a historic day for copyright fanatics around the country. During her 17 years on the highest court in Canada, Justice Abella was instrumental in advancing users’ rights in Canadian copyright law, particularly helping develop Canada’s fair dealing jurisprudence. v Teranet Inc. v Teranet Inc. v Law Society of Upper Canada.

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Copyright Law Copyright Law Music 120

IPilogue

OCTOBER 4, 2021

Photocopying classroom materials in a K-12 public school system may have seemed harmless and benign before the 2012 Supreme Court of Canada case, Alberta v Canadian Copyright Licensing Agency (Access Copyright). Four different categories of usage arose from an assessment of school photocopying habits. As Abella J.

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Copyright Copying Fair Use Editing 131

Kashishipr

JUNE 9, 2021

With the onset of the trend wherein users are gradually switching to online streaming to meet their music needs and discarding traditional methods such as radio, television, and music CDs, compulsory licensing for the internet was recognized as a key policy issue by the music industry last year. Background. The Plaintiff, Tips Industries Ltd.,

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Music Licensing Television Copyright Infringement 98

IPilogue

AUGUST 23, 2021

On July 30, the Supreme Court of Canada released their much-anticipated judgement in York University v Canadian Copyright Licensing Agency (Access Copyright) [ York University ]. This was a drastic increase from the fees stipulated in the 1994 to 2010 licence agreement between Access Copyright and post-secondary institutions.

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Copyright Copying Copyright Infringement Licensing 106

IPilogue

AUGUST 16, 2022

On April 5 th 2022, the Federal Court released its decision for August Image LLC v AirG Inc , a copyright infringement action concerning images of singer-actress, Jennifer Lopez. in damages, which is the total license fee for the photos. According to the Copyright Act RSC 1985, c. They sought $22,412.45 Inadmissible Evidence.

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Copyright Infringement Copyright Registration Social Media 104

The IP Law Blog

OCTOBER 14, 2021

Wilmott Storage Services, LLC , decided September 9, 2021, the Ninth Circuit clarified the role that the de minimis concept plays in copyright infringement cases. In essence, the Ninth Circuit explained that de minimis goes to the amount of copying of a copyrighted work as opposed to any de minimis use or display of any such a work.

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Copyright Copyright Infringement Copying Litigation 97

IP and Legal Filings

DECEMBER 6, 2022

Good artists borrow, Great artists steal ’ , however no matter how beautifully portrayed, might aptly land you a hefty copyright infringement suit in contemporary times. ” The composer of a musical composition is the exclusive owner of the work’s copyright. INTRODUCTION. Image Source: Shutterstock].

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Music Copyright Copyright Infringement Moral Rights 77

IP and Legal Filings

SEPTEMBER 21, 2023

Introduction Copyright, much like other IPs, have aimed at not only protecting someone’s right, but also enabling them to garner maximum commercial exploitation from such an exclusive right over their unique creations. Royalties are shared equally with the author(s) and assignee of copyright, eg.

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Copyright Moral Rights Cinema Music 71

SpicyIP

MAY 23, 2022

We’re pleased to bring you a guest post on a recent Supreme Court order where certain offences under the Copyright Act were held to be cognizable and non-bailable. The Supreme Court’s Unsettling Attempt at Settling the Debate on Section 63 of the Copyright Act. The post is co-authored by Akshat Agrawal and Sangita Sharma.

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Copyright Ownership Copyright Infringement Law 137

JIPL Online

APRIL 9, 2021

Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] ii] Existing copyright law is ineffective in its application to new forms of digital media. i] Memes are also a form of communication that distinguishes generations.

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Copyright Infringement Copyright Intellectual Property Blogging 98

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The courts need to understand the degree to which such usage may harm the work or decrease the profits for the owner of the copyright. Today, this doctrine has become one of most popular doctrines in the realm of copyright law. It allows people a positive defense against the infringement of copyright. Definition.

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Fair Use Copyright Law Copyright Law 52

Velocity of Content

OCTOBER 4, 2022

cOAlition S also mandates that articles apply a CC BY license to be considered fully Open Access in keeping with the Berlin and related declarations. If you include corporate subscriptions and other rights licenses, a 50/50 revenue split between academic institutions and corporations is not unusual.” emphasis added). Refining “Open”.

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Journalism Publishing Licensing Copying 98

LexBlog IP

OCTOBER 14, 2021

Wilmott Storage Services, LLC , decided September 9, 2021, the Ninth Circuit clarified the role that the de minimis concept plays in copyright infringement cases. In essence, the Ninth Circuit explained that de minimis goes to the amount of copying of a copyrighted work as opposed to any de minimis use or display of any such a work.

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Copyright Copying Copyright Infringement Litigation 52

The IPKat

OCTOBER 18, 2021

As readers may be aware, Nigeria is also on the journey to amending its copyright statute and last week, the Senate organised a joint public hearing on 2 copyright amendment Bills currently tabled before it. Here is what Desmond says: Nigeria quietly, but surely, embracing balance, openness and flexibility in her copyright regime?

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Copyright Copyright Law Licensing Government 80

IP Whiteboard

JULY 19, 2021

The Federal Court of Australia has awarded additional damages in the highest order against Clive Palmer ( Palmer ) for his copyright infringement of the 1985 Twisted Sister’s rock song “ We’re Not Gonna Take It ” (the Song ). UMP held the exclusive license to the Song in Australia on behalf of Songs of Universal, Inc.

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Copyright Infringement Copyright Music Publishing 40

Michael Geist

FEBRUARY 22, 2023

Canadian copyright lobby groups have spent years falsely claiming that educational institutions refuse to pay for licences to compensate for the use of educational materials. The truth is that Canadian universities spend millions of dollars on licensing copyright materials.

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Licensing Copyright Journalism Copying 69

Biswajit Sarkar Copyright Blog

JULY 12, 2022

Sale: If any obvious or fraudulent imitation of a registered design has been applied to any article or caused to be applied to any article without the license or written consent of the registered proprietor for the purpose of sale then that amounts to piracy of registered designs. Acts amounting to piracy of registered design.

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Designs Design Registration Publishing 52

Biswajit Sarkar Copyright Blog

JULY 12, 2022

Sale: If any obvious or fraudulent imitation of a registered design has been applied to any article or caused to be applied to any article without the license or written consent of the registered proprietor for the purpose of sale then that amounts to piracy of registered designs. Acts amounting to piracy of registered designs.

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Designs Design Registration Publishing 52

IP and Legal Filings

APRIL 20, 2023

Introduction Any literally or artistic work that is original and creative i.e.; not copied from anywhere by the owner is protected under Copyright Act, 1957. Making AI as a separate legal entity may prompt to copyright infringement to those who provide the said data or information in public domain.

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Ownership Moral Rights Public Domain Intellectual Property 61

43(B)log

AUGUST 12, 2021

IP derives much of its value from opportunity to license, so it often makes sense to think of reasonable royalty as a cognizable harm. By contrast, elsewhere it might not make as much sense to think of the problem as a lost opportunity to license, e.g., the listing of someone as a terrorist.

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IP Licensing Law Reporting 90

Michael Geist

SEPTEMBER 11, 2023

Last month, the Canadian Federation of Library Associations released a much-needed statement that sought to counter the ongoing misinformation campaign from copyright lobby groups regarding the state of Canadian copyright and the extensive licensing by libraries and educational institutions. York University ruling.

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Copyright Copying Licensing Copyright Law 123

SpicyIP

JULY 22, 2023

There may be implications of favouring open licensing and open source developments by virtue of its emphasis on sharing expertise and experience across organisations, and the development of an ecosystem of developers, technology and end-users in the future. It is not clear what this refers to though.

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IP Intellectual Property Reporting Government 98

SpicyIP

NOVEMBER 15, 2022

Congress and the KGF 2 Copyright Dispute: Ex-Parte Injunctions, Fair Dealing, and Blocking Orders. SpicyIP Tidbits: Compulsory License on Mira Behn’s Autobiography, and Stricter Test of Similarity of Marks for Medicinal Products. Licensing Ip International S.AR.L Did we miss anything big? Let us know in the comments below!

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Trademark Patent Copyright Designs 105

LexBlog IP

AUGUST 30, 2023

However, the Court rejected the action as: not legal, insofar as it concerned the protection of recipes as works of intellectual property; and unfounded, because recipes are assimilated to ideas and not to works enjoying copyright protection under Greek (and EU) law. Applicable legal provisions The relevant law in this case was Law 2121/1993.

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Intellectual Property Moral Rights Related Rights Art 52

Technology & Marketing Law Blog

MAY 15, 2024

In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.” Nealy , No.

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Music Blogging Copyright Ownership 95

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. Marcon , 102 USPQ2d 1434, 1442 (TTAB 2012). Text Copyright John L. The Coca-Cola Company v. Meenaxi Enterprise, Inc. 2021 U.S.P.Q.2d 2d 709 (T.T.A.B. Welch, "U.S.

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Registration Marketing Marketing Branding 98

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.

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Ownership Copyright Fair Use Intellectual Property 52

Garrigues Blog

JUNE 7, 2021

IPL expressly excludes the protection of functionalities as follows: “The ideas and principles underlying any of the elements of a computer program, including those underlying its interfaces, shall not be protected by copyright”. Finally, as far as the matter we are dealing with today, article 96.4

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Intellectual Property Plagiarism Intellectual Property Law Copyright 52

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].

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Copyright Fair Use Copyright Law Copyright Infringement 96

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] from the copyright holder) licencing or compulsory licencing (i.e.,

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Copyright Law Copyright Music Law 70

Michael Geist

AUGUST 5, 2021

Last week’s Supreme Court of Canada copyright decision in Access Copyright v. York University has unsurprisingly been applauded by the education community, which having faced years of litigation launched by the copyright collective, now finds its position vindicated. The same was true after the Access Copyright v.

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Copyright Copying Licensing Litigation 145

IP Intelligence

JUNE 3, 2024

In affirming the Eleventh Circuit’s ruling, the Supreme Court confirmed that a plaintiff that timely files a copyright claim under the discovery rule can recover damages for infringement that occurred more than three years prior to filing the lawsuit. Nealy was incarcerated for drug-related offenses from 1989 to 2008 and from 2012 to 2015.

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Music Copyright Copyright Infringement Due Diligence 52

Plagiarism Today

SEPTEMBER 20, 2021

1: ‘ Sports Illustrated’ Model Sues Twitter for $10 million, Accusing its Algorithm of Contributing to Copyright infringement. Morton also alleges that Twitter has been slow to remove allegedly infringing material from their site despite obligations to do so “expeditiously” under the Digital Millennium Copyright Act.

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Editing Derivative Work Copyright Infringement Licensing 172

IIPRD

FEBRUARY 16, 2024

Hence, the traveling chaos of F1 is a world filled with patents, trademarks, copyrights, and Trade Secrets. 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.

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Intellectual Property Technology Confidentiality Journalism 59

Michael Geist

AUGUST 3, 2021

” The decision removes any doubt that the Supreme Court remains strongly supportive of user’s rights in copyright and vindicates years of educational policy in shifting away from Access Copyright toward alternative means of ensuring compliance with copyright law.

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Copyright Copying Copyright Infringement Licensing 99

Michael Geist

FEBRUARY 23, 2023

Canadian copyright lobby groups have repeatedly tried to convince the government that the 2012 copyright reforms and Supreme Court fair dealing jurisprudence created a free-for-all in which education refuses to pay licence fees due to their reliance on fair dealing. between 2017 and 2022.

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Copyright Licensing Copying Publishing 52

SpicyIP

MAY 23, 2024

Image from here Sweet Sound of Victory: Looking at the Calcutta HC’s Decisive Decision on Rights of Authors By Surabhi Katare In a major development, Calcutta High Court’s passed a landmark judgement on May 17, 2024, in safeguarding the copyrights of authors of music and literary work used in sound recordings.

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Music Licensing Copyright Moral Rights 59