SpicyIP

OCTOBER 20, 2023

passed an order interpreting the scope of this safeguard, reiterating that the right of the plaintiff to initiate actions against the “groundless threats” under Section 60 would be terminated in light of a separate suit by the defendant alleging copyright infringement, even if filed subsequent to the Section 60 suit.

Due Diligence 59

Due Diligence Copyright Copyright Infringement Intellectual Property Law 59

Patently-O

MAY 9, 2024

2024) , resolving a circuit split over the availability of back-damages in copyright infringement cases. Nealy was incarcerated from 1989 to 2008 and again from 2012 to 2015 , and consequently was unaware that Butler had licensed their music without proper authorization. Nealy , No. 22-1078, 601 U.S. Despite 17 U.S.C. §

Copyright 89

Copyright Music Due Diligence Copyright Infringement 89

IIPRD

NOVEMBER 14, 2023

13] It has specifically mentioned provisions about the mandate of exercising due diligence and caution while detecting such shams. The exception here is that due diligence must be exercised by them. Furthermore, Rule 3 of IT [16] Act similarly specifies for due diligence. In the case of Tiffany v.

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq. a) Perpetrators and accessories.

Contracts 98

Contracts Copyright Law Cease and Desist 98

IP Intelligence

JUNE 3, 2024

Nealy was incarcerated for drug-related offenses from 1989 to 2008 and from 2012 to 2015. Nealy sought damages for alleged copyright infringement dating back to 2008 – 10 years before he filed suit. In order to proceed, Nealy had to show that his copyright infringement claims were timely. Metro-Goldwyn-Mayer, Inc.

Music 52

Music Copyright Copyright Infringement Due Diligence 52

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). By Guest Blogger Tyler Ochoa Last week, the U.S. 3d 39 (2d Cir.

Music 94

Music Blogging Copyright Ownership 94

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.” Scholastic, Inc. , 3d 39, 52 (2d Cir. Petrella , 572 U.S. 3d 39 (2d Cir.

Blogging 86

Blogging Copyright Licensing Copyright Infringement 86