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.

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Patently-O

FEBRUARY 20, 2024

The case now before the Supreme Court arose when Sherman Nealy’s collaborator licensed their co-created songs without Nealy’s permission (while Nealy was incarcerated). Nealy sued many years later in 2018 upon learning of the unauthorized licenses in 2016. See 38 U.S. Under 35 U.S.C. §

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Music Copyright Due Diligence Licensing 104

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. § 107 ).

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LexBlog IP

JUNE 28, 2023

3) According to the Court, the term “sale” used in article 41 of the Copyright Law must be interpreted in a broad sense. The term includes, according to the decision, all forms of marketing of the copy of the computer program that include a right of time-limited use for a price.

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Copying Copyright Law Copyright Editing 52

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. 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.

Non-Fungible Tokens 86

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. Condé Nast paid $400 for the license, which specified “No other usage right granted.” Copyright Office.

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Fair Use Derivative Work Blogging Licensing 96

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Kluwer Copyright Blog

MARCH 6, 2023

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. 3 and 4) and in Singapore’s new Copyright Act (Art. 243, 244), seek to protect the ability of text and data mining researchers to use copyrighted content in their work.

Copyright 121

Copyright Social Media Publishing Licensing 121

TorrentFreak

MAY 17, 2022

It is unlikely that these features will appear on a licensed mainstream service but that doesn’t stop subscribers from desiring them. for a ‘lifetime’ license. Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality. Copyright Law and DRM.

Copying 115

Copying Social Media Licensing Technology 115

Kluwer Copyright Blog

FEBRUARY 8, 2024

As a general rule, the publishers of these journals require the author to relinquish their copyright over the work by granting them an assignment of rights or an exclusive license. Pre-existing Bulgarian provision The SPR is not an entirely novel concept to Bulgarian copyright law. of the Directive.

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Kluwer Copyright Blog

AUGUST 13, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. 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

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. A full summary of this case has been published on Kluwer IP Law. Case number: No. 19-2420-cv. by Tito Rendas. €

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Art Fair Use Copyright Copyright Infringement 52

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

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IPilogue

SEPTEMBER 29, 2021

On March 26, 2021, the 2nd Circuit Court of Appeals in New York found that the famed artist Andy Warhol violated photographer Lynn Goldsmith’s copyright by using her photo of the singer Prince to create his “Prince Series.” The series was originally commissioned by Vanity Fair after it bought the license of the photo portrait from Goldsmith.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

The IP Law Blog

FEBRUARY 23, 2023

The audiobook, The Trump Tapes , is comprised of 20 audio interviews, one with Trump during his presidential campaign in 2016 and the remaining 19 from the interviews conducted during his term as president. According to the Copyright compendium, the authors of a joint work jointly owns the copyright in each other’s contribution.

Copyright 98

Copyright Copyright Infringement Publishing Derivative Work 98

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.

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JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. ix] Just a brief glimpse at a meme can demonstrate just how little copyright protected material is used. [x] xii] These so called “rules for meme marketing” instruct corporate entities to be “authentic” and “relatable.”

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 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. Unbeknownst to Ms. Goldsmith, Andy Warhol not only used Ms.

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IP Intelligence

JUNE 6, 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. at 1290 (Gorsuch, J., concurring).

Fair Use 40

Fair Use Licensing Music Art 40

Technology & Marketing Law Blog

JANUARY 3, 2023

It could be copyright infringement to continue serving photos from servers after the license expired. From the Copyright Office : The Copyright Office “does not recommend adopting additional copyright-like rights for press publishers in the United States. . * Evox Productions, LLC v. Verizon Media, Inc.,

Copyright 93

Copyright Social Media Copyright Infringement Publishing 93

SpicyIP

JULY 5, 2021

It noted that “ despite relevant University Ordinances stipulating access …, the prerogative lies with the University to withhold one such thesis in absolute confidentiality on the grounds of commercial viability and market competition. ”. Degrees), Regulations, 2016 and the UGC Act, 1956 which have mandatory application on the Universities.

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit involves sound recordings of 19 interviews that then-President Trump voluntarily gave to Woodward between December 2019 and August 2020, plus one interview from 2016 (when Trump was still a candidate). The Falwell court was on solid ground in denying relief on the grounds of an implied license. complaint filed Jan.

Copyright 120

Copyright Blogging Publishing Fair Use 120

LexBlog IP

FEBRUARY 28, 2022

6] The Supreme Court’s ruling on that petition—and a possible eventual decision on the merits—could have enormous implications for the art world and other industries impacted by copyright law. That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.”

Fair Use 97

Fair Use Derivative Work Art Licensing 97

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. ” Unbeknownst to Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Copyright Lately

MAY 1, 2023

First of all, in terms of copyright, to reiterate our very clearly articulated position. sophisticated generative AI that’s enabled by large language models, which trains on our intellectual property, violates copyright law in several ways. copyright law really doesn’t seem to give UMG a ton of options.

Music 85

Music Copyright Copying Copyright Law 85

LexBlog IP

APRIL 18, 2022

Vanity Fair licensed one of Goldsmith’s Prince photographs to use in a Vanity Fair article. When Prince died in 2016, Vanity Fair’s parent company sought permission from the Andy Warhol Foundation for the Visual Arts, Inc. ” Amici Art Law Professors focused heavily on the First Amendment and the fair use doctrine. .”

Fair Use 40

Fair Use Copyright Art Copyright Law 40

Technology & Marketing Law Blog

AUGUST 1, 2023

In 2016, Time “embedded” one of Brauer’s Instagram posts, featuring one of his photos of Hilary Clinton, in its entirety (preserving his username or “handle”, his caption, and his links and hashtags). Instagram, of course, was licensed to publicly display the post under its own terms and conditions, so there is no direct infringement.

Blogging 96

Blogging Copying Social Media Copyright 96

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.

Contracts 98

Contracts Copyright Law Cease and Desist 98

LexBlog IP

JUNE 10, 2022

Goldsmith , the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law. The suit was originally levied by photographer Lynn Goldsmith after a 2016 Vanity Fair issue brought to light a series of images that Warhol produced of Prince based on a photograph taken by Goldsmith.

Fair Use 52

Fair Use Intellectual Property Copyright Copyright Infringement 52

LexBlog IP

FEBRUARY 23, 2023

The audiobook, The Trump Tapes , is comprised of 20 audio interviews, one with Trump during his presidential campaign in 2016 and the remaining 19 from the interviews conducted during his term as president. According to the Copyright compendium, the authors of a joint work jointly owns the copyright in each other’s contribution.

Copyright 52

Copyright Copyright Infringement Publishing Derivative Work 52

Technology & Marketing Law Blog

AUGUST 30, 2021

But much like George Washington’s army, even though Flo & Eddie lost many individual battles, they ultimately won the war, as their quixotic litigation campaign prompted Congress to grant protection to pre-1972 sound recordings equivalent to that provided to newer sound recordings under federal copyright law.

Blogging 84

Blogging Copyright Settlement Ownership 84

Intepat

NOVEMBER 2, 2023

Key takeaways encompassed the illumination of India’s thriving innovation ecosystem, the accentuation of dialogues within the WIPO Tech Access Platform on voluntary licensing arrangements, and the recognition of India’s ambitions to revamp its IP framework for more efficiency.

Intellectual Property 52

Intellectual Property IP Higher Education Technology 52

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The judgement was passed collectively in an appeal against 4 orders (two impugning the 2016 Ericsson v. Microsoft Technology Licensing v. the licensee.

IP 124

IP Copyright Trademark Intellectual Property 124

The IP Law Blog

AUGUST 25, 2022

In 2014, Lang Van sued VNG for copyright infringement. In 2016, the Ninth Circuit reversed that decision and ordered the district court to allow Lang Van to conduct discovery directed at jurisdictional issues. law and, at the very least, affect U.S. and noted that it had signed license contracts with various U.S.

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98

Kluwer Copyright Blog

JUNE 28, 2021

In another study of 2020 ( here ) FAPAV analyzes trends in audiovisual piracy in Italy over the years from 2016 to 2019, with a specific focus on piracy of sport live events, highlighting that in few years such phenomenon has more than double up its magnitude, increasing from 14.5 million to 30.9 by Tito Rendas. € by Martin Senftleben. €

Television 52

Television Copyright Blogging Law 52

43(B)log

DECEMBER 20, 2022

Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. Factor four: Plaintiffs didn’t argue that they lost licensing fees; instead, they argued that they were losing purchases of their documentaries because the 2013 Documentary implied that the parties were associated.

Fair Use 52

Fair Use Trademark Copyright Editing 52

LexBlog IP

APRIL 20, 2022

Oracle , that ‘fair use’ is an ‘equitable rule of reason’ requiring ‘judicial balancing’ of ‘the sometimes conflicting aims of copyright law’ so that copyright does not ‘stifle the very creativity which the law las was meant to foster.’ ’ (Op.

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Intellectual Property Music Copyright Fair Use 52