Patently-O

MAY 13, 2024

This time, the Supreme Court might actually decide whether the “discovery rule” applies to the Copyright Act’s statute of limitations. Copyright law provides that “[n]o civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued.”

Copyright 52

Copyright Copyright Law Music Law 52

JIPEL Copyright Blog

APRIL 26, 2021

Perhaps the most infamous of the above scandals was the allegation of copyright infringement by The Great Eros (“TGE”). TGE claimed Bernstein copied their signature pattern of nude female silhouette line drawings, which had been printed on their tissue paper since the store’s inception in 2016.

Social Media 52

Social Media Copying Branding Brands 52

TorrentFreak

JANUARY 17, 2024

It involved the use of copyrighted content to create an alleged ‘parody’ (one that many people would find offensive), the distribution of that content to the public via Twitter, and a defendant claiming immunity under copyright law. Not that other routes hadn’t already been tested, however.

Copyright 116

Copyright Derivative Work Fair Use Reporting 116

IPilogue

OCTOBER 26, 2022

The Code of the Cultural and Landscape Heritage’s legal force is separate from copyright laws and remains in effect when copyright protection does not. Photo Credits: The Fashion Law ; Jean Paul Gaultier ).

Social Media 120

Social Media Cease and Desist Public Domain Artwork 120

Technology & Marketing Law Blog

MAY 13, 2024

. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

Blogging 95

Blogging Contracts Cease and Desist Social Media 95

IP and Legal Filings

OCTOBER 28, 2022

While NFT platforms are not yet specifically regulated, they are subject to the provisions on Electronic System Providers (“ESPs”) contained in several regulations, as follows: • Law No. 11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.•

Non-Fungible Tokens 88

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 88

The IPKat

FEBRUARY 3, 2023

First, an original work can be protected by copyright law only if it meets two requirements: - originality, i.e., objective novelty compared to creative works or segments of previous creation; - creativity. Creativity under Article 1 of Law No. RAI contested all the claims as groundless. Here are the main points of the decision.

Art 128

Art Copyright Artwork Editing 128

SpicyIP

OCTOBER 9, 2022

The Federal Court of Appeal overturned the decision of the Copyright Board of Canada on the ground that the Canadian Parliament did not intend for such acts to be viewed as two separate transactions. At most, if the DIPP Office Memorandum of 2016 is to be taken as law, communication to public would include internet broadcasting.

Music 119

Music Copyright Law Copyright Publishing 119

The IPKat

DECEMBER 15, 2023

For each product range, a copyright assignment agreement was drawn up, including a fixed fee for taking the photographs and a permission to use them for 12 to 18 months. In 2016, L'Oréal changed the packaging for its Kérastase products. The Court found that these photographs had been put online between 2013 and 2016.

Copyright Infringement 124

Copyright Infringement Copyright Cease and Desist Intellectual Property 124

IIPRD

OCTOBER 28, 2023

However, numerous catchphrases have led to the fame of the individual involved; for instance, Danielle Bregoli, while appearing on a Dr. Phil episode in 2016, famously uttered the words “Cash me outside, how boutdah?” are generally not protected by copyright law. Additionally, names, titles, phrases, combinations, slogans, etc.

Copyright Law 59

Copyright Law Branding Brands Branding 59

Intellectual Property Law Blog

JANUARY 11, 2023

Copyright Office by year for the last 10 years. Copyright Office while register the software aspect of the designs (e.g., source code) under copyright law. Copyright Office, there is no need to concern about the leakage of the deposits. Here is the number of mask works registered with the U.S.

Registration 189

Registration Designs Design Copying 189

IP and Legal Filings

MARCH 28, 2024

The Bombay High Court dismissed the plaintiff’s claim that the title was copyrighted from the outset, citing a number of precedents to support its ruling that “it is settled law, and has been for a very long time, that there is no copyright in a title.” 1] Bharat Vasani & Jasmine Latkar, What’s in a Name?,

Cinema 82

Cinema Copyright Blogging Registration 82

Intellectual Property Law Blog

JANUARY 11, 2023

Copyright Office by year for the last 10 years. Source : www.copyright.gov/history/annual_reports.html Year 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 # of MW 33 0 20 156 27 25 28 84 279 203 Even though the number of registered mask works is not enormous, they are still an important component of chip companies’ IP portfolio.

Registration 130

Registration Designs Design Copying 130

Kluwer Copyright Blog

MARCH 13, 2024

From this constitutional dimension of copyright emerged the notion of ‘user rights’ ( Geiger, 2020 ). Looking forward, it is essential to ensure that legitimate uses expressly foreseen by copyright law are enabled through better access to protected works. However, it is only a first step towards making user’s rights a reality.

Copyright 122

Copyright Art Licensing Contracts 122

The IPKat

FEBRUARY 21, 2024

Above all, INTA sees the risk that the CJEU could open the way to interpreting 'due cause' as something that was deliberately not included in the current EU legislative texts (EUTMR and EUTMD) by the EU legislator as part of the trade mark law reform at the beginning of 2016. 5 InfoSoc Directive.

Art 62

Art Copyright Law Fair Use Intellectual Property 62

Intepat

JUNE 9, 2023

In 2016, India introduced its National IPR Policy with the objective of stimulating creativity, protecting intellectual property, and promoting its commercialization. But first, let’s look at what the 2016 India’s National IPR Policy states. The major focus is to promote “Make in India” products.

Intellectual Property 52

Intellectual Property Inventor IP Technology 52

LexBlog IP

FEBRUARY 27, 2023

Judge Connolly disagreed with that opinion, however, and distinguished copyright law as it applies to songs or paintings versus computer programs, citing favorably the Supreme Court that “applying copyright law to computer programs is like assembling a jigsaw puzzle whose pieces do not quite fit” ( Google LLC v.

Litigation 52

Litigation IP Patent Copyright 52

TorrentFreak

MARCH 28, 2024

“Freemon has a long history of brazen disregard for copyright laws, and his early foray into internet piracy is the first link in the chain leading to his current web of illegal services,” they write. “Beginning in 2016 and continuing through 2019, Freemon sold illegally modified Fire TV Stick devices.

Copyright Infringement 98

Copyright Infringement Copyright Business Copyright Law 98

IP and Legal Filings

JANUARY 16, 2024

The concept of CDL revolves around the idea of two major doctrines under Copyright law i.e. Doctrine of fair use and doctrine of exhaustion. However, the ambiguity as to the lawfulness of such mass digitalisation and controlled lending has attracted major debates in different jurisdictions. Acuff Rose Music, Inc., 3d 87 (2d Cir.

Copyright 83

Copyright Fair Use Public Domain Copying 83

LexBlog IP

MAY 22, 2023

The Supreme Court ruled on May 18 that Andy Warhol’s “Orange Prince” work of pop art was not a fair use when licensed to Condé Nast in 2016. Although this landmark copyright decision is hot off the presses, the facts date back to 1981 when the underlying photograph was first shot.

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52

Copyright Lately

MARCH 16, 2023

But in 2016, Sonny Bono’s heirs issued a notice of termination under Copyright Act section 304(c) on various music publishers to whom Sonny had previously assigned rights in his musical compositions. During his lifetime, Sonny paid these royalties to Cher, and after Sonny died in 1998, his widow, Mary Bono, continued to do the same.

Copyright 76

Copyright Music Contracts Settlement 76

IP and Legal Filings

APRIL 1, 2024

This is quite the picture of how the Indian copyright laws are treating the employees who try to become such exceptional creators. The Indian judiciary has to restructure the scope and extent of the Copyright laws in India. CS (COMM) 935/2016 [8] Michael Penhallurick Vs. MD5 Ltd., Unlike the U.S.A.,

Ownership 84

Ownership Copyright Intellectual Property Contracts 84

TorrentFreak

JULY 18, 2023

In common with content created in other fields, photographs generally enjoy protection under copyright law, allowing photographers to determine who can duplicate and/or distribute their work. Photographers Alexis Hunley and Matthew Brauer posted several of their copyrighted works on Instagram.

Copyright Infringement 78

Copyright Infringement Copyright Copying Social Media 78

Olartemoure Blog

JANUARY 18, 2023

The photographer became aware of the use of her photograph in 2016 when Prince died, and the Andy Warhol Foundation licensed the use of Warhol’s “Prince Series” to use in a magazine commemorating his life. There was no image copyright credit or compensation to Lynn Goldsmith.

Copyright 98

Copyright Artwork Copyright Infringement Fair Use 98

Kluwer Copyright Blog

SEPTEMBER 20, 2023

However, these judgments were overturned by the German Federal Constitutional Court (BVerfG) in 2016 on the grounds that they did not sufficiently take into account the artistic creative process as protected by the constitutional freedom of art ( BVerfG, 31.5.2016 – 1 BvR 1585/13 ; commented here ). 5 InfoSoc Directive.

Art 80

Art Copyright Law Copyright Music 80

Kluwer Copyright Blog

SEPTEMBER 24, 2023

The Greek legislator, while implementing the CRM Directive , included in the Copyright Law an interesting (and unexpected) provision (Article 22 (2) Law 2121/1993) according to which certain public libraries (mostly academic and school libraries) were exempted of the exclusive public lending right.

Copyright Law 117

Copyright Law Law Music Publishing 117

Above the Fold

APRIL 4, 2022

Goldsmith learned of Warhol’s images after Prince’s death in 2016 when Vanity Fair published a special issue celebrating Prince’s life using Warhol’s images. The Supreme Court will now determine whether Warhol violated copyright law.

Art 52

Art Copyright Fair Use Artwork 52

Kluwer Copyright Blog

AUGUST 13, 2021

The Warhol prints—one of which was reproduced in a Vanity Fair magazine article in 2016—were not entitled to a fair use defense, and they were substantially similar to Goldsmith’s photo, as a matter of law. A full summary of this case has been published on Kluwer IP Law. Case number: No. 19-2420-cv. by Tito Rendas. €

Art 52

Art Fair Use Copyright Copyright Infringement 52

Kluwer Copyright Blog

AUGUST 12, 2021

The Warhol prints—one of which was reproduced in a Vanity Fair magazine article in 2016—were not entitled to a fair use defense, and they were substantially similar to Goldsmith’s photo, as a matter of law. A full summary of this case has been published on Kluwer IP Law. Case number: No. 19-2420-cv. by Tito Rendas. €

Art 52

Art Fair Use Copyright Copyright Infringement 52

TorrentFreak

JANUARY 2, 2024

copyright law, Internet providers must terminate the accounts of repeat copyright infringers “in appropriate circumstances.” The law doesn’t specify what these circumstances are but in recent years federal courts have provided more context.

Copyright Infringement 81

Copyright Infringement Copyright Litigation Settlement 81

Kluwer Copyright Blog

FEBRUARY 13, 2022

We soon realized that information about the changes to copyright law over time – which would be especially useful for empirical studies – was lacking. There have been many studies describing differences in copyright exceptions between countries, such as those by Seng , Crews , Hilty & Nérisson , and the WIPO Secretariat.

Copyright 98

Copyright Copyright Law Technology Fair Use 98

LexBlog IP

APRIL 4, 2022

Goldsmith learned of Warhol’s images after Prince’s death in 2016 when Vanity Fair published a special issue celebrating Prince’s life using Warhol’s images. ” The Supreme Court will now determine whether Warhol violated copyright law.

Art 52

Art Copyright Fair Use Artwork 52

LexBlog IP

SEPTEMBER 24, 2021

In 2016, Jaguar Land Rover sued Land Wind for copyright infringement and unfair competition before the Beijing Chaoyang District People’s Court. The copyright infringement claim was rejected but the unfair completion claim was upheld. 2] See (2016) YUE 0106 MIN CHU 12068 HAO. [3] Background.

IP 52

IP Intellectual Property Design Patent Copyright Infringement 52

Patently-O

FEBRUARY 20, 2024

Nealy sued many years later in 2018 upon learning of the unauthorized licenses in 2016. Unlike copyright law, patent law has an unambiguous six-year statute of limitations on damages in infringement cases. The Eleventh Circuit rejected that damages limit. See 38 U.S. Under 35 U.S.C. §

Music 104

Music Copyright Due Diligence Licensing 104

Kluwer Copyright Blog

JULY 19, 2023

In 2016, a French company specialising in typography created a font called ‘Spectral’ for Google, who used it as part of its free service Google Fonts , used by website creators and users of word processing software. In 1994, a French typographer created the font for the French newspaper Le Monde.

Copying 52

Copying Copyright Infringement Copyright Law Copyright 52

Kluwer Copyright Blog

MAY 5, 2022

now abrogated by the implementation of the CDSM Directive [2] ) of the Spanish Copyright Act (SCA) between 6 December 2016 and 31 October 2020. This case concerns a dispute between the collecting management organisation CEDRO [1] and GOOGLE DISCOVER for non-payment of fair compensation for the limitation established in article 32.2 (now

Intellectual Property Law 107

Intellectual Property Law Publishing Copyright Intellectual Property 107

SpicyIP

JULY 5, 2021

Degrees), Regulations, 2016 and the UGC Act, 1956 which have mandatory application on the Universities. Degrees) Regulations, 2016 which mandates the submission of an electronic copy of the Ph. The thesis being a public record raises an important query in copyright law with respect to its control by the author.

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131