Velocity of Content

OCTOBER 21, 2021

Several copyright and licensing stories of interest have captured our attention during recent months. Work that started back in 2016 with a public consultation exercise appears to have reached its close with the news that the Parliament approved amendments on September 13 th that are expected to be enacted into law this November.

Licensing 105

Licensing Copyright Intellectual Property Reporting 105

Plagiarism Today

APRIL 25, 2022

According to the lawsuit, the musicians and their songwriters copied elements from the earlier track, including the chorus, verse and hook from the song. However, in April 2016, he says the police chief he was working with was replaced, and the new one implemented his design without paying for the work.

Copyright Infringement 200

Copyright Infringement Plagiarism Designs Design 200

Plagiarism Today

NOVEMBER 17, 2021

They are a way to sell “unique” copies of digital works but do not transfer any rights. John Lewis, however, denies any copying and claims to have provided time-stamped evidence that their campaign was first presented to them in early 2016, before her book was published. 3: $31m piracy penalty for ChitramTV.

Non-Fungible Tokens 155

Non-Fungible Tokens Copyright Infringement Publishing Television 155

IPilogue

DECEMBER 9, 2022

Take-Two licensed Randy Orton’s likeness from WWE. The Defendants also filed a motion for partial summary judgement on the basis of three defences : 1) de minimus, 2) fair use doctrine and 3) implied license. The court opined that the dispute to copying does not arise as the defendants had admitted to copying the tattoo.

Fair Use 112

Fair Use Copying Licensing Copyright 112

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.,

Music 98

Music Licensing Television Copyright Infringement 98

TorrentFreak

NOVEMBER 25, 2022

In a complaint filed at the United States Court of Federal Claims in 2016, the German company accused the US Navy of mass copyright infringement and demanded damages totaling hundreds of millions of dollars. The goal was to establish what the Navy would have paid for the software licenses if an agreement had been reached.

Copyright Infringement 100

Copyright Infringement Copying Licensing Copyright 100

Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2016, the defendant IJR published an article/listicle titled “15 Signs Your Daddy Was a Conservative.” In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. IJR argued that Philpot provided free licenses to the work. Nature of the Work.

Fair Use 87

Fair Use Licensing Copyright Marketing 87

Plagiarism Today

OCTOBER 26, 2021

Wtf is a juice demon pic.twitter.com/OxYMWEuoCq — Eli Matthewson (@EliMatthewson) October 1, 2016. If the costume isn’t licensed, why is it not infringing regardless of the name change? Bringing us back to our Juice Demon, the elements that are copied include the striped suit and tie. Why did the company do this?

Copyright 238

Copyright Trademark Cease and Desist Copying 238

LexBlog IP

MAY 24, 2023

The Court countered that while relevant to whether a copying use has a sufficiently distinct purpose or character, it is not, without more, dispositive. Here, the specific use of Goldsmith’s photograph alleged to infringe her copyright is AWF’s licensing of Orange Prince to Condé Nast.

Fair Use 40

Fair Use Copyright Licensing Copying 40

Kluwer Copyright Blog

MARCH 13, 2024

This crucial development, which restores copyright as an access right (see Geiger, 2016 ; Efroni, 2010 ) provides a normative foundation to reinforce the societal bargain that creates incentives for authors, but also creates room for downstream creativity and innovation. licenses for specific uses). 7(1) and art.

Copyright 122

Copyright Art Licensing Contracts 122

TorrentFreak

JANUARY 17, 2024

” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Live Crew used it anyway. In 2022, Lokka faced Finland’s Supreme Court over videos of a 2016 protest published to his YouTube channel, to which Lokka added subtitles in various languages.

Copyright 116

Copyright Derivative Work Fair Use Reporting 116

Technology & Marketing Law Blog

APRIL 26, 2023

At issue are two versions of the TOS from 2016 and 2019. The named plaintiff, Jackson, agreed to the 2016 TOS. The 2016 TOS provided an opt-out for the arbitration provision, but Jackson didn’t exercise it. She agrees the 2016 TOS applies. The Ninth Circuit disagrees. It required arbitration for any related claim.

Contracts 76

Contracts Copying Technology Licensing 76

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

IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No. Unbeknownst to Ms.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

TorrentFreak

MAY 30, 2023

Operating from 2016 until 2018, the Flawless IPTV service copied subscription TV broadcasts from official (and unofficial) sources and then restreamed that content to tens of thousands of customers, at a dramatically cut down price. For many UK football fans, Flawless granted access to the sport they love, at a price they could afford.

Social Media 138

Social Media Marketing Marketing Licensing 138

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 95

Blogging Copying Social Media Copyright 95

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No. ” Unbeknownst to Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

TorrentFreak

JULY 18, 2023

In January 2016, Time published an article titled ‘These Photographers Are Covering the Presidential Campaign on Instagram.’ BuzzFeed News did not seek permission or attempt to license Hunley’s photograph taken during the protests. does not constitute direct infringement.”

Copyright Infringement 79

Copyright Infringement Copyright Copying Social Media 79

IPilogue

SEPTEMBER 29, 2021

The series was originally commissioned by Vanity Fair after it bought the license of the photo portrait from Goldsmith. Goldsmith said she was not aware of Warhol’s work until Tribute magazine featured the image, without crediting her, when Prince passed away in 2016. The implication of the result will be far-reaching.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

LexBlog IP

MAY 19, 2023

The first factor did not apply to Warhol’s image as published in Condé Nast in 2016, so that specific use was not fair use. ” Thus, being licensed for different magazine articles, “the original photograph and AWF’s copying use of it share substantially the same purpose. of a commercial nature. .”

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

Indiana Intellectual Property Law

MARCH 30, 2023

Per the StrossStock website, Stross was nominated and accepted as a professional member of the American Society of Photographers in 2016. 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

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

Copyright 59

Copyright Copying Music Fair Use 59

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 95

Fair Use Licensing Copying Artwork 95

IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. Damle introductory statement, Tr.

Fair Use 106

Fair Use Licensing Music Art 106

IP and Legal Filings

OCTOBER 28, 2022

11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.• 20 of 2016, dated December 1, 2016, regarding the Protection of Personal Data in Electronic Systems. Government Regulation No. MOCI Regulation No. 10 of 2021, dated May 21, 2021.

Non-Fungible Tokens 88

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 88

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

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

IP and Legal Filings

DECEMBER 25, 2022

The concepts of ownership and licensing are relevant in this context. Licensing and ownership: What’s the catch? This isn’t the case with real-world property, where one is in fact the owner of a physical copy of a book they have purchased. [4] 3] This standard is the result of extremely contentious copyright rulings.

Non-Fungible Tokens 82

Non-Fungible Tokens Government Law Intellectual Property 82

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

Garrigues Blog

JUNE 29, 2022

An image rights licensing agreement may be terminated at any time at the free will of either party. Any student of film or audiovisual law knows how important it is for actors (and anyone who appears in a production) to sign an image rights licensing agreement before shooting a movie, short film, video clip, etc.

Licensing 52

Licensing Law Intellectual Property Publishing 52

Copyright Lately

MAY 1, 2023

Companies have to obtain permission and execute a license to use copyrighted content for AI training or other purposes, and we’re committed to maintaining these legal principles.” It isn’t human-readable and does not contain copies of any audio recordings. But once created, the voice model is just a set of parameters.

Music 92

Music Copyright Copying Copyright Law 92

LexBlog IP

MAY 31, 2023

The decision was limited to AWF’s commercial licensing of a silkscreen image of Prince, based on Goldsmith’s underlying photograph, to Condé Nast. Goldsmith later granted a limited, “one time” license to Vanity Fair in 1984 for the magazine to use the photograph as an artist reference.

Fair Use 52

Fair Use Licensing Copyright Editing 52

SpicyIP

JULY 5, 2021

The appellant sought a copy of a PhD Thesis titled “Studies on some nitrogen fixing genes of Azotobacter vinelandi” from Jamia Millia Islamia, a central university and public authority for the purposes of RTI Act. Degrees), Regulations, 2016 and the UGC Act, 1956 which have mandatory application on the Universities. Background.

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

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.

Patent 97

Patent Patent Infringement Copying Technology 97

LexBlog IP

JULY 7, 2023

Supreme Court affirmed the Second Circuit Court of Appeals’ holding that the Andy Warhol Foundation’s licensing of Warhol’s Orange Prince , a print based on a photograph of the late musician by defendant Lynn Goldsmith, did not constitute fair use of the Goldsmith photograph. [3] 2] A week later, the U.S. 3] Graham v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. ” (S. ” Id.

Fair Use 52

Fair Use Licensing Music Art 52

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