Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. Philpot claims his standard photo licensing fee is $3,500, but reuses of the photo from Wikipedia Commons didn’t require any payment (just attribution). Nature of the Work.

Fair Use 88

Fair Use Licensing Copyright Marketing 88

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. Amazon.com, Inc.

Copyright Infringement 98

Copyright Infringement Social Media Licensing Publishing 98

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. licenses for specific uses). 7(1) and art. 17(7) CDSM Directive.

Copyright 122

Copyright Art Licensing Contracts 122

Patently-O

NOVEMBER 7, 2022

Yet, as happens frequently, what if in negotiating a settlement, license, or other matter, opposing counsel CC’s her client: does opposing counsel’s “cc” imply consent to reply-to-all? 25, 2013) stated: The fact that Lawyer B copies her own client… standing alone, does not permit Lawyer A to ‘reply all.’

Copying 48

Copying Settlement Licensing Law 48

Plagiarism Today

AUGUST 9, 2021

After some digging, KokomRoilly found multiple lengthy passages of verbatim copying and posted highlighted passages on their Twitter account. There have been many cases where a story published in one fandom was copied and converted into a very similar story in a different one. I'm what you'd call a voracious reader.

Plagiarism 258

Plagiarism Publishing Copying Copyright Law 258

Indiana Intellectual Property Law

MARCH 30, 2023

Defendant, Lynn Boolman Auto Sales is a used car dealership located in Portland, Indiana created in 2013, per the Indiana Secretary of State. As Stross did not license the right to use the Photograph to the Defendants, he seeks a judgment for direct copyright infringement in violation of 17 U.S.C. § He received his B.S. Gotsch, Sr.

Copyright Infringement 52

Copyright Infringement Copyright Artistic Work Copying 52

Copyright Lately

MAY 22, 2023

In a 7-2 decision , the Court ruled that the commercial licensing of Andy Warhol’s “Orange Prince” to Condé Nast to illustrate a story about the late musician shared “substantially the same purpose” as the original Lynn Goldsmith photo from which Warhol’s silkscreen was derived, and therefore weighed against fair use. Goldsmith.

Fair Use 91

Fair Use Licensing Copying Artwork 91

TorrentFreak

AUGUST 26, 2022

Between 2013 and 2017, Elias took photographs of hotels and licensed their owning companies to use them in promotional activities. The owners of the hotels later made the licensed images available to another company, Ice Portal, to facilitate their appearance on travel agents’ websites for promotional purposes.

Moral Rights 126

Moral Rights Copyright Public Domain Copyright Infringement 126

IPilogue

AUGUST 3, 2021

Copies of the game along with a gamer’s guide packaged in special extra-large cardboard boxes sat unsold on shelves for months. Due to low sales ( under 150,000 copies sold in North America), the game remained a hidden gem for years until Earthbound ’s main character Ness appeared in the popular 1999 fighting game Super Smash Bros.

Copyright 112

Copyright Music Licensing Copying 112

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

Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. Three courts of appeals have answered “no.”

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

Plagiarism Today

JULY 8, 2021

The most vocal critics were in the open-source programming community , who were upset that GitHub trained their AI on significant amounts of open-source code and can even reproduce that code verbatim in some circumstances, but does not follow the respective open-source licenses. This has led to a massive debate about the legality of Copilot.

Copyright 202

Copyright Fair Use Copyright Infringement Copying 202

Copyright Lately

MAY 27, 2021

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. The version on the right has been copied and stored separately on the WordPress server for Copyright Lately: View this post on Instagram.

Copyright Infringement 69

Copyright Infringement Social Media Copying Copyright 69

IP and Legal Filings

JANUARY 24, 2022

A foreign company can set up a business in India under the Companies Act, 2013 as a Wholly Owned Subsidiary, Joint Venture or Associate Company or by setting up a Liaison Office, Project Office, or Branch Office of the foreign Company. INTRODUCTION. Image Source: gettyimages]. WHAT IS A WHOLLY-OWNED SUBSIDIARY COMPANY? as applicable.

Business 75

Business Registration Licensing Reporting 75

LexBlog IP

FEBRUARY 28, 2022

A few years later, in 1984, Goldsmith’s agency, which had retained the rights to those images, licensed one of them to Vanity Fair for use in an article called “Purple Fame.” 9] In reaching that determination, the court relied chiefly on the Second Circuit’s 2013 decision in Cariou v. He did just that.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

The IPKat

OCTOBER 7, 2021

Merpel wonders where we are headed on the FRAND licensing level debate, and who is in the driver's seat? SEP Litigation Demonstrates Licensing Component Suppliers Would Increase Efficiency Some SEP owners have argued against licensing component suppliers under the pretext that it is more efficient to license end users.

Licensing 57

Licensing Litigation Technology Patent 57

The IPKat

FEBRUARY 3, 2023

On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe. 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

Patently-O

AUGUST 3, 2023

The lawsuit centers around two key components of Moderna’s mRNA platform that it claims Pfizer copied – the use of modified nucleosides like 1-methylpseudouridine and the encoding of a full-length coronavirus spike protein. United States Patent Nos. 10,898,574, 10,702,600, and 10,933,127.

Patent 97

Patent Patent Infringement Copying Technology 97

Garrigues Blog

JULY 27, 2021

Together with that of 2013, this growth rate is the lowest yearly increase in filings since 2005. Copies sold : The US heads the ranking, reporting the largest number of copies sold, amounting to 2,629.6 million copies, followed by Japan (677.7 The trade sector accounted for more than 80% of total copies sold in the U.S.

Intellectual Property 52

Intellectual Property Designs Design Trademark 52

JIPL Online

APRIL 9, 2021

Although the user derives some benefit from the meme without purchasing or licensing the underlying content, the creator of the content also uniquely benefits from the increased exposure to individuals who may not otherwise interact with their content. 29, 2013), [link]. [ii] The Ultimate Meme FAQ) , Quality Logo Products (Mar.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

The IP Law Blog

AUGUST 26, 2021

In a lawsuit that was originally filed in 2013 titled, Flo & Eddie, Inc. It was not until 2013 that Flo & Eddie first demanded SiriusXM to pay it royalties for playing Turtle songs from before 1972 on its satellite radio stations. In doing so, the Ninth Circuit reviewed nearly 200 years of copyright law to reach its conclusion.

Copyright Law 98

Copyright Law Copyright Law Ownership 98

SpicyIP

DECEMBER 20, 2023

Notably, Monsanto’s matter had several layers including the State Governments seeking to regulate IP licensing fees, and the Indian seed companies who previously licensed technology from Monsanto, refusing to pay royalties to Monsanto. To get an overall picture, see Prashant’s post “ The Rs.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Michael Geist

FEBRUARY 22, 2023

The truth is that Canadian universities spend millions of dollars on licensing copyright materials. In fact, over the past decade, the emergence of site licenses that provide access to millions of works – books, journal articles, newspapers, and more – has led to huge increases in expenditures for access.

Licensing 75

Licensing Copyright Journalism Copying 75

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

Copying 103

Copying Copyright Law Copyright Social Media 103

IIPRD

DECEMBER 28, 2021

Unless the artist owns “his or her master recordings,” which averages roughly $0.0004 each Spotify stream, Spotify pays “back seventy percent in royalties,” which in most cases go to the record label or distributer (Swanson, 2013). Apple music, on the other hand, has proved to be great in this regard.

Music 40

Music Business Copying Licensing 40

The IPKat

NOVEMBER 20, 2023

The BoA discussed the items of evidence filed by 44IP: Statistical data of people watching Formula 1 in 2013 did not include data from Bulgaria, Croatia, Estonia, Latvia and Lithuania. They also lacked information on the number of copies sold and their distribution among the general public or the number of online views.

Art 105

Art Branding Brands Branding 105

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?

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

LexBlog IP

AUGUST 26, 2021

In a lawsuit that was originally filed in 2013 titled, Flo & Eddie, Inc. It was not until 2013 that Flo & Eddie first demanded SiriusXM to pay it royalties for playing Turtle songs from before 1972 on its satellite radio stations. In doing so, the Ninth Circuit reviewed nearly 200 years of copyright law to reach its conclusion.

Copyright Law 52

Copyright Law Copyright Law Ownership 52

Kluwer Copyright Blog

FEBRUARY 22, 2023

Following the 2013 BGH decision Geburtstagszug , several lower courts afforded copyright protection in the area of applied art despite only a minor degree of individual character. This is again the case for its decision Das Boot III , which concerns the presumption of authorship set out in Section 10(1) UrhG.

Copyright 52

Copyright Law Copyright Law Contracts 52

LexBlog IP

AUGUST 26, 2021

In a lawsuit that was originally filed in 2013 titled, Flo & Eddie, Inc. It was not until 2013 that Flo & Eddie first demanded SiriusXM to pay it royalties for playing Turtle songs from before 1972 on its satellite radio stations. In doing so, the Ninth Circuit reviewed nearly 200 years of copyright law to reach its conclusion.

Copyright Law 40

Copyright Law Copyright Law Ownership 40

SpicyIP

MAY 23, 2022

of NCT of Delhi v Naresh Kumar Garg, 2013. 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.” Cognizable and Non-Bailable. Sureshkumar S/o Kumaran v the Sub Inspector of Police, 2007. Cognizable and Non-Bailable. State Govt.

Copyright 137

Copyright Ownership Copyright Infringement Law 137

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

Already, FDA has licensed almost 30 biosimilars, nearly 20 of which are available to patients in the United States. FDA has reported numerous biosimilar-related submissions in its pipeline for Fiscal Year (FY) 2020, including seven original biosimilar biologics license application (BLA) submissions in FY 2020.

Settlement 40

Settlement Licensing Designs Design 40

43(B)log

AUGUST 5, 2021

Industry pushed very hard against cheap copying, and yet as of 2019 there were only 538 registrations in 20 years versus hundreds of thousands of utility patents. Consider compulsory licensing as a midway point here as well. Was more heavily used 1999-2003. independent invention). Also relevant to some patent doctrines (sorry).

IP 45

IP Invention Designs Design 45

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. Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore. Nathan, F.Supp.3d 3d -, 2022 WL 4591905, No. 18-CV-5930 (MKB) (E.D.N.Y.

Fair Use 52

Fair Use Trademark Copyright Editing 52

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]

Copyright Infringement 40

Copyright Infringement Copyright Music Publishing 40

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. What Happened. The first one to go was the de minimis defense, which the court rejected before trial.

Fair Use 78

Fair Use Designs Design Licensing 78

Patently-O

OCTOBER 11, 2022

Although Andy Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. As part of that process, the magazine obtained a license from Goldsmith, but only for the limited use as an “artists reference” for an image to be published in Vanity Fair magazine. Warhol was never personally a party to the license).

Fair Use 134

Fair Use Copyright Derivative Work Art 134