JIPL Online

APRIL 9, 2021

In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale. 1, 2013), [link].

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Plagiarism Today

AUGUST 17, 2021

1: 8th Circuit Revives Copyright Dispute Over House Floor Plans. First off today, Blake Brittain at Reuters reports that the 8th Circuit Court of Appeals has reinstated a copyright infringement lawsuit against the realtors Columbia House of Brokers Realty over the alleged infringement of floor plans.

Reporting 130

Reporting Fair Use Plagiarism Licensing 130

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 ). After being alerted to the UAP campaign, Universal commenced copyright infringement proceedings against Palmer.

Copyright Infringement 40

Copyright Infringement Copyright Music Publishing 40

The IP Law Blog

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. Alexis Hunley et al v. In September, U.S.

Copyright Infringement 98

Copyright Infringement Social Media Licensing Publishing 98

TorrentFreak

SEPTEMBER 9, 2021

The current verdict against Cox indeed requires ISPs to terminate repeat copyright infringers. Among other things, Cox’s brief stresses it can’t be held liable for vicarious copyright infringements because the company didn’t directly profit from pirating subscribers. Cox Denies Liability.

Music 134

Music Copyright Infringement Derivative Work Copyright 134

Patently-O

AUGUST 31, 2021

In addition, SAS argues that the formatting of the reports is also copyrighted. There apparently is no claim of copying of any lines of software, but instead it is copying of the functionality and use of the particular coding language. Pamela Samuelson, A Fresh Look at Tests for Nonliteral Copyright Infringement , 107 Nw.

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

Plagiarism Today

JULY 8, 2021

If @GitHub (Microsoft) truly believes copilot isn't infringing on anyone's work, I want to offer them a chance to prove it: I'll donate $50k to a charity of their choice (or @EFF if we can't agree) if they release a Copilot version trained solely on Windows kernel source.

Copyright 204

Copyright Fair Use Copyright Infringement Copying 204

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. In September, U.S.

Copyright Infringement 52

Copyright Infringement Licensing Publishing Social Media 52

Copyright Lately

MAY 27, 2021

I finally had a chance to take a closer look at the new copyright class action complaint filed last week against Instagram. The complaint (read here) seeks to represent the interests of pretty much any Instagram user who’s had one of their photos embedded by any third party without their express permission since 2013.

Copyright Infringement 69

Copyright Infringement Social Media Copying Copyright 69

TorrentFreak

JANUARY 9, 2022

Some have accused Cloudflare of facilitating copyright infringement by continuing to provide access to these platforms. ” A copy of Cloudflare’s full transparency report is available through the company’s official website. From: TF , for the latest news on copyright battles, piracy and more.

Reporting 138

Reporting Copyright Copyright Infringement Copying 138

IP and Legal Filings

APRIL 19, 2022

It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Copyright infringement cases on the internet have increased because the internet has become more widely available. Legal Framework governing take down notice.

Copyright Law 73

Copyright Law Copyright Law Copyright Infringement 73

LexBlog IP

DECEMBER 21, 2023

Slaughter for the Central District of California granted motions for summary judgment against a screenwriter’s claims that the creation of Ad Astra , the 2019 Brad Pitt film, had infringed on a script he had written. [1] Phillip Madison Jones, the screenwriter, sued Twentieth Century Studios, The Walt Disney Co., et al , Case No.

Copying 52

Copying Contracts Copyright Infringement Television 52

43(B)log

DECEMBER 26, 2022

Copyright infringement: Infringement requires unauthorized exercise of an §106 right, including the exclusive right to “distribute copies” of the copyrighted work “by sale or other transfer of ownership, or by rental, lease, or lending.” Contributory copyright infringement: In Luvdarts, LLC v.

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

TorrentFreak

AUGUST 26, 2022

Code § 1202 prohibits the intentional removal of CMI without obtaining permission from the copyright owner, when it is known that will “induce, enable, facilitate, or conceal an infringement.” Between 2013 and 2017, Elias took photographs of hotels and licensed their owning companies to use them in promotional activities.

Moral Rights 128

Moral Rights Copyright Public Domain Copyright Infringement 128

TorrentFreak

MAY 1, 2023

In the United States, consumer ISPs have been handing over the identities of suspected BitTorrent pirates for years, mostly because a court has compelled them to as part of a copyright infringement lawsuit. It’s not particularly difficult for rightsholders to take this route, but it can be expensive.

Settlement 114

Settlement Copyright Copyright Infringement IP 114

SpicyIP

OCTOBER 11, 2021

As such intermediary liability for copyright continues to exist a strange twilight zone of ambiguity despite a recent revamp of rules for social media and other online intermediaries.

Copyright 105

Copyright Social Media Copyright Infringement Copyright Notice 105

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Industria became aware of Latinfood’s Zenú and Ranchera products sometime between October 2013 and September 2014. Latinfood U.S.

False Advertising 59

False Advertising Advertising Advertising Registration 59

Technology & Marketing Law Blog

DECEMBER 13, 2023

And that data might be subject to varying levels of copyright protection. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. — One logical starting point to tell the history of copyright preemption of contracts is to begin with ProCD v. See Montz, 649 F.3d

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

Canadian Intellectual Property Blog

OCTOBER 13, 2021

the defendants, for copyright infringement. It was on the basis of these alleged embellishments and “fictional accounts” that the plaintiffs based their claim of copyright infringement against the defendants under sections 3 [1] and 27 [2] of the Copyright Act (the “ Act ”). Kelley”) sued author, Nate Hendley (“Mr.

Copyright 52

Copyright Copyright Infringement Publishing Intellectual Property 52

IPilogue

NOVEMBER 11, 2021

And like McClenaghan’s fictional account of militant pursuit, the history of tension between copyright and user rights has been a tale of survival on the part of both. . It wasn’t until the late 1900s that courts in the UK began to recognize a problem with the tendency towards legal copyright.

Fair Use 110

Fair Use Copyright Law Copyright Intellectual Property 110

Selvam & Selvam Blog

APRIL 1, 2022

Accordingly, Cipla Ltd brought in an action for Trademark infringement, copyright infringement and passing off. In the instant case, Cipla Ltd filed a suit seeking a permanent injunction against Sun Pharma for infringing the trademark “Respule”. Background. Cipla’s Contentions . Observations of the Court.

Intellectual Property 40

Intellectual Property IP Copyright Infringement Artistic Work 40

SpicyIP

JANUARY 3, 2024

He had a very nuanced view of role and function of copyright law in the Indian society. In a fantastic work written in 2013, Shyamkrishna Balganesh described Gandhi’s approach as ‘ copyright pragmatism ’. Mandatory requirement of the registration of the work in order to institute a suit for copyright infringement.

Copyright Law 69

Copyright Law Copyright Law Registration 69

LexBlog IP

FEBRUARY 28, 2022

Goldsmith counterclaimed for copyright infringement. The district court granted the Warhol Foundation’s motion for summary judgment, holding that the Prince Series was fair use, and dismissed Goldsmith’s counterclaim for copyright infringement. [9] 3d 312, 316 (S.D.N.Y. 2019), rev’d and remanded , 992 F.3d 3d 99 (2d Cir.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

43(B)log

DECEMBER 18, 2023

Copyright infringement of the API: I’m not sure there was any copying in fact of the index , unless MiTek replicated names of parts it didn’t stock! Merger/thin copyright, including the lack of protectability of product names/abbreviations that are standard or prevalent in an industry, prevented any finding of infringement.

False Advertising 64

False Advertising Advertising Advertising Copyright 64

SpicyIP

MAY 23, 2022

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. of NCT of Delhi v Naresh Kumar Garg, 2013. Cognizable and Non-Bailable. Cognizable and Non-Bailable. State Govt.

Copyright 137

Copyright Ownership Copyright Infringement Law 137

SpicyIP

DECEMBER 20, 2023

With further ado, here’s what I found in Novembers: Database Protection in India: Since Prof Basheer’s 2005 post about the inaccurate implication of the theft of data as copyright infringement, to 2023, not much seems to have changed. The Indian courts have further clarified this issue.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

IIPRD

JUNE 29, 2022

Design Rights: By registering their product designs, they can prevent third parties from copying the original and new, aesthetic, or ornamental components of their creations. Sword strategy: The brand uses its intellectual properties as “weapons,” attacking anyone who tries to copy or infringe on their protected assets in any way.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. Over the course of a decade, Google copied large volumes of books and made them available online, both through excerpts, known as “snippets”, and as entire publications. As such, it was permissible under United States copyright law. Fair Use Precedent?

Fair Use 137

Fair Use Copyright Moral Rights Copyright Law 137

43(B)log

DECEMBER 20, 2022

The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. Plaintiffs claimed infringement, including “the character Pug, clips, the title card, concepts, feel, mood, theme, and approach.” Nathan, F.Supp.3d 3d -, 2022 WL 4591905, No.

Fair Use 52

Fair Use Trademark Copyright Editing 52

LexBlog IP

OCTOBER 25, 2023

Larson also sought a declaration that she owns the copyright to The Kindest and that the letter in the short story does not infringe Dorland’s copyright. Dorland counterclaimed for copyright infringement, claiming that Larson’s use of Dorland’s letter was a violation of intellectual property law.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

The IPKat

FEBRUARY 23, 2023

Ltd [2022] EWHC 1895 (Ch) (July 2022) In our last volume , we reported on Samsung being held directly liable as a platform for copied watch faces for Samsung smartwatches. In 2013, Cadbury’s registration for Pantone 2685C was held invalid because its description rendered it void for lack of certainty. It was ambiguous.

Registration 76

Registration Advertising Advertising Law 76

SpicyIP

FEBRUARY 13, 2023

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. Check out the post for more details. In this case, the Plaintiff, who is the proprietor of the mark “Footlockers” since 1988, has not used it for 30 years.

Designs 52

Designs Design Trademark Cease and Desist 52

TorrentFreak

DECEMBER 2, 2021

In pirate streaming, in part due to the way sites tend to copy each other’s branding, obvious long-standing players are less easy to identify. Hollywood & Netflix File Copyright Infringement Lawsuit. Copyright Infringement Claims. is taken into account.

Advertising 124

Advertising Advertising Copying Copyright Infringement 124

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. But Lewis thought the song was a rip-off of “I Want a New Drug” and asserted a copyright infringement claim against Columbia Pictures. to write the’s film’s signature song.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

The IPKat

JUNE 23, 2022

Fenty v Arcadia [2013] EWHC 1945 (Ch) confirmed a long line of authority that this kind of evidence was admissible. Predictably, these third parties made available watch faces copied from watches made by others including the Swatch group of companies (which owns brands like Tisso, Omega and Breguet).

Branding 73

Branding Brands Branding Litigation 73

Copyright Lately

OCTOBER 3, 2022

In addition, in granting Alexander’s motion for partial summary judgment, the court found that Alexander held valid copyrights in the tattoo designs at issue and that defendants copied those works. What Happened. Skull arm design. Bible verse design. Upper back design. — Gaudzilla (@GaudzillaRX) October 1, 2022.

Fair Use 78

Fair Use Designs Design Licensing 78

LexBlog IP

JUNE 27, 2023

The Eyes have it–Original photograph by Lynn Goldsmith (left); Work by Andy Warhol (right) After hearing from Goldsmith’s lawyers (the photographer was not pleased), the Foundation moved in the SDNY to have the court clarify the matter of copyright. Goldsmith counter-sued, claiming copyright infringement.

Litigation 52

Litigation Intellectual Property Art Fair Use 52