IP Intelligence

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. We limit our analysis accordingly.

Fair Use 105

Fair Use Licensing Music Art 105

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. see also Sourav Ganguly vs Tata Tea ).

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Technology & Marketing Law Blog

DECEMBER 27, 2023

Another troubling ruling for an Internet access provider trying to shake a contributory copyright claim based on user-caused copyright infringement. 11, 2023): Time and again we have declared that “prevailing defendants in copyright cases are presumptively entitled (and strongly so) to recover attorney fees.”

IP 72

IP Advertising Advertising Copyright 72

LexBlog IP

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. ” See 143 S. ” Id. ” Id.

Fair Use 52

Fair Use Licensing Music Art 52

Kluwer Copyright Blog

FEBRUARY 2, 2023

And, in December, Tor , a “ Publisher of Science Fiction, Fantasy, Horror, Mystery, Thriller and Suspense, and Other Speculative Fiction “, apologised for using an AI-generated image for a cover design saying “we licensed an image from a reputable stock house. The UKIPO has since been speaking with specific stakeholders.

Copyright 145

Copyright Art Fair Use Registration 145

The IPKat

FEBRUARY 8, 2023

This phenomenon ranges from slight iteration to homage or even slavish copying. It should be remembered that copyright infringement is assessed on the basis of similarities, not differences. It is therefore often a question of creating ‘new’ things while being inspired by pre-existing ones.

Designs 62

Designs Design Law Copyright 62

IP Intelligence

JUNE 6, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. We limit our analysis accordingly.

Fair Use 40

Fair Use Licensing Music Art 40

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. Fan sites prompted by a book or film, for example, may benefit the copyright owner.

Music 104

Music Derivative Work Fair Use Cease and Desist 104

LexBlog IP

JULY 18, 2023

Amazon had reportedly been developing a program since 2014 to automate review of job applicant resumes. For example, photo licensing company Getty Images filed suit in the Northern District of California against AI company Stability AI Inc. Will its intelligence license it to be cruel? To wipe us out?

Business 52

Business Law Reporting Music 52

IP Tech Blog

JULY 18, 2023

Amazon had reportedly been developing a program since 2014 to automate review of job applicant resumes. For example, photo licensing company Getty Images filed suit in the Northern District of California against AI company Stability AI Inc. Will its intelligence license it to be cruel? To wipe us out?

Business 52

Business Law Social Media Reporting 52

Plagiarism Today

SEPTEMBER 20, 2021

1: ‘ Sports Illustrated’ Model Sues Twitter for $10 million, Accusing its Algorithm of Contributing to Copyright infringement. 2: Three Plead Guilty to Criminal Copyright Infringement. 3: Taylor Swift Rerecords ‘Wildest Dreams’ in Fresh Copyright Salvo. Have any suggestions for the 3 Count?

Editing 177

Editing Derivative Work Copyright Infringement Licensing 177

Plagiarism Today

DECEMBER 14, 2021

First off today, Reuters reports that a lawsuit accusing Taylor Swift of copyright infringement in her 2014 hit single Shake it Off has been allowed to move ahead, setting the stage for a possible trial. 3: Portland Photographers File Federal Suit Against Andy Ngo Alleging Copyright Infringement.

Copyright Infringement 215

Copyright Infringement Social Media Licensing Copyright 215

Technology & Marketing Law Blog

MAY 15, 2024

If the Supreme Court upholds the discovery rule for copyright cases, or simply declines to address it, the decision will leave copyright defendants exposed to very large awards for years of infringing conduct (as they have been everywhere but the Second Circuit). 1962 (2014). 2014) (collecting cases). 663, 134 S.

Music 77

Music Blogging Copyright Ownership 77

TorrentFreak

FEBRUARY 15, 2024

In letters sent to around 20 companies, TTVK warned that without proper licensing, these services were illegal and must be shut down. TVkaista Faces Legal Action In advance of TTVK’s letters being sent out, TVkaista’s CEO, technical director, and legal advisor, faced legal action for criminal copyright infringement and aggravated fraud.

Copyright Infringement 91

Copyright Infringement Copyright Fair Use Licensing 91

Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. The copyright law implications of AI training are currently being litigated in several different federal copyright infringement actions. That is far too hasty. 4] Authors Guild, Inc.

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95

Technology & Marketing Law Blog

JULY 25, 2022

In so holding, the Ninth Circuit created (or widened) a circuit split with the Second Circuit, which previously held that even under the discovery rule, damages for copyright infringement are limited to “a three-year lookback period from the time a suit is filed.” 1962 (2014), the U.S. 2014) (collecting cases).

Blogging 86

Blogging Copyright Licensing Copyright Infringement 86

Technology & Marketing Law Blog

JUNE 20, 2023

For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work. 103(a) (“protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.”). Figure 1, Slip op.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

Copying 52

Copying Copyright Law Copyright Editing 52

Michael Geist

AUGUST 5, 2021

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 decision absolutely does not mean a free-for-all on copyright-protected materials used in the classroom.

Copyright 145

Copyright Copying Licensing Litigation 145

The IPKat

JUNE 23, 2022

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). The fact that this was found to be an infringement is no surprise. A claim for copyright infringement and passing off was issued in December 2019.

Branding 73

Branding Brands Branding Litigation 73

Kluwer Copyright Blog

NOVEMBER 24, 2021

Section 95a UrhG stipulates that technical measures employed for the protection of a copyrighted work or protected subject matter may not be circumvented without the authorisation of the rightholder, Section 95a UrhG being the transposition into German law of Article 6 of the InfoSoc Directive (2001/29). Claims under copyright law.

Contracts 98

Contracts Copyright Law Cease and Desist 98

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. .”

Copyright 100

Copyright Copying Copyright Infringement Licensing 100

The IP Law Blog

JANUARY 11, 2024

Three months after its release, Nevermind rose to the top of the Billboard 200 rankings and has sold over 30 million copies. The picture on the album was licensed for use on other merchandise, such as t-shirts, and was also the subject of various parodies. The Ninth Circuit concluded that this approach was consistent with the U.S.

Law 62

Law Copyright Infringement Music Advertising 62

LexBlog IP

JANUARY 11, 2024

Three months after its release, Nevermind rose to the top of the Billboard 200 rankings and has sold over 30 million copies. The picture on the album was licensed for use on other merchandise, such as t-shirts, and was also the subject of various parodies. The Ninth Circuit concluded that this approach was consistent with the U.S.

Copyright Infringement 52

Copyright Infringement Music Advertising Advertising 52

Kluwer Copyright Blog

MARCH 21, 2023

The Directive does this through a mandatory exception for copyright infringement that allows cultural heritage institutions and educational institutions to reproduce and make available orphan works from their collections to the public. The digitisingmorgan.org project is a great example of this.

Copyright 103

Copyright Marketing Marketing Licensing 103

LexBlog IP

JULY 5, 2022

The term of a copyright for a particular work may depends on certain factors such as whether it has been published, and, if so, the date of first publication. [2] 2] The general rule for works created after January 1, 1978, provides that copyright protection lasts for the life of the author plus an additional 70 years. [3]

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

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. So too with unjust enrichment, which was based on defendants’ copying. Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016.

Fair Use 52

Fair Use Trademark Copyright Editing 52

LexBlog IP

JANUARY 5, 2022

994 (2020) , a decision holding that the sovereign immunity of individual states prevented a copyright holder from recovering damages for infringement, I was a bit disheartened. 2862 ; Note, [Copyright Reform and the Takings Clause,] 128 Harv. 34,] 51-61[(2014) ]. Cooper, 140 S.Ct. ”); see also Ruckelshaus, 467 U.S.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

Copyright Lately

APRIL 17, 2023

The bronze medal goes to Joe Hand Promotions , which targets bars that show pay-per-view boxing and UFC fights without a license. As far as the seven deadly sins of copyright defendants are concerned, the clear winners are lust, gluttony, and wrath. Minden is a licensing agency that specializes in wildlife and nature photography.

Copyright 64

Copyright Litigation Due Diligence Licensing 64

Above the Fold

JULY 5, 2022

The term of a copyright for a particular work may depends on certain factors such as whether it has been published, and, if so, the date of first publication. [2] 2] The general rule for works created after January 1, 1978, provides that copyright protection lasts for the life of the author plus an additional 70 years. [3]

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

Kluwer Copyright Blog

DECEMBER 21, 2023

The only realistic way to avoid the risk of costly copyright infringement litigation would be to retrain from scratch the whole model on the same dataset cleaned up from the infringing content. The focus of the language is on the lawful ness of the access , not the accessed copy , or in other words of the source.

Art 70

Art Law Copyright Technology 70