Plagiarism Today

OCTOBER 13, 2022

In 1984, Lynn licensed one of her photographs of the musician Prince to be converted into a painting by Warhol for Vanity Fair magazine. However, after Prince died in 2016, it was revealed that Warhol actually made an additional 14 prints using the photograph. Lynn sued allegiging that those prints were a copyright infringement.

Cease and Desist 191

Cease and Desist Copyright Infringement Licensing Fair Use 191

IPilogue

NOVEMBER 18, 2022

This includes at least eight US design patents filed by Adidas in 2016 that claim the ornamental design of the Yeezy sneakers. A licensing agreement between Mascotte and Adidas exists for the “Yeezy” trademarks. How can businesses protect their public perception in co-branding partnerships?

Business 131

Business Contracts Branding Brands 131

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. ” Market Effect. IJR argued that Philpot provided free licenses to the work.

Fair Use 88

Fair Use Licensing Copyright Marketing 88

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

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. AWF licensed the “Orange Prince” to Condé Nast for an article about Prince.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Plagiarism Today

SEPTEMBER 13, 2022

However, the NCAC was sparse on the details about this crackdown, saying that, for this market to grow legitimately, there needs to be action taken against those that create pirated NFTs based on works they don’t own. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Non-Fungible Tokens 176

Non-Fungible Tokens Settlement Copyright Infringement Social Media 176

IIPRD

MARCH 21, 2024

Introduction Competition law and intellectual property rights (IPR) are like two different sides of the same coin, as they both work to ensure vibrancy in the market and promote consumer welfare. CCI, 2016, and Monsanto v. Yet, despite having a common point, they sometimes contradict each other’s jurisdiction.

Intellectual Property 98

Intellectual Property Law Licensing Intellectual Property Law 98

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

Plagiarism Today

FEBRUARY 1, 2022

VHT licenses real estate photos for marketing purposes and many of its photos appear on Zillow. Between that date and 2016, when Zillow removed the images, the court ruled the infringement was not innocent and that amounted to 2,312 images. As such, the judge has ordered Zillow to pay a total of $1.93

Cease and Desist 130

Cease and Desist Licensing Plagiarism Publishing 130

Plagiarism Today

MARCH 16, 2022

Next up today, Ernesto Van der Sar at Torrentfreak writes that, in Sweden, the Patent and Market Court of Appeals has overturned both the prison sentences and damages of two men tied to an IPTV operation. However, it was raided in 2016 and two men, the owner and his son, were arrested.

Non-Fungible Tokens 192

Non-Fungible Tokens Copyright Plagiarism Intellectual Property 192

Kluwer Copyright Blog

JUNE 5, 2023

Vanity Fair magazine had commissioned Warhol’s artwork in 1984 to accompany an article about the singer’s rise to fame based on Goldsmith’s photograph under a one-time-use “artist reference” license between Vanity Fair and Goldsmith’s agent. Hence, the Foundation’s use was non-transformative.

Derivative Work 117

Derivative Work Fair Use Licensing Art 117

IP and Legal Filings

FEBRUARY 26, 2024

In states like Goa and Sikkim, gambling is allowed to varying degrees, with licenses granted for activities like slot machines and casinos. Second, the taxation and licensing costs for gambling are often high, potentially driving people toward illegal websites. Sikkim has permitted online gambling within the state’s boundaries.

Law 69

Law Licensing Government Advertising 69

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

MAY 9, 2023

With pirate IPTV services first seeping and then exploding into the mainstream around 2016/17, the launch of streaming service DAZN provided hope of a viable alternative. DAZN’s marketing drilled that message home – and then some. We are basically saying pay-per-view sucks,” Denyer said. That deal will cost the company $2.7

Marketing 121

Marketing Marketing Television Intellectual Property 121

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. In common with licensed services, pirate IPTV providers have broadly two options for reaching the market.

Social Media 139

Social Media Marketing Marketing Licensing 139

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 105

Fair Use Licensing Music Art 105

The IPKat

AUGUST 2, 2023

FRAND – Licensing Terms InterDigital selected 20 of its previous licences as comparables – the InterDigital 20. The Judge held that the patent licence agreements (‘PLA’) relied upon by InterDigital were not relevant comparables: the scale of the licensed business in each case was dramatically smaller than that of Lenovo.

Marketing 52

Marketing Marketing Licensing Patent 52

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. 2016) it stated that the burden is on the Defendant to prove the copying was authorised. The Court’s Conclusions.

Fair Use 112

Fair Use Copying Licensing Copyright 112

Copyright Lately

AUGUST 14, 2023

Kat Von D’s Motion In its previous ruling on the parties’ motions for summary judgment , the court found triable issues of fact with respect to both the first fair use factor (purpose and character of the use) and the fourth (effect of the use upon the potential market).

Fair Use 85

Fair Use Social Media Licensing Marketing 85

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. Amazon appeared first on Technology & Marketing Law Blog.

Contracts 76

Contracts Copying Technology Licensing 76

LexBlog IP

JUNE 5, 2023

3] The Court found that the Warhol Foundation’s licensing of the Orange Prince to Conde Nast did not have a sufficiently different purpose as the Goldsmith photograph because both were “portraits of Prince used in magazines to illustrate stories about Prince.” Goldsmith and, as a result, did not constitute fair use. [2]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

Velocity of Content

FEBRUARY 16, 2023

CCC has licensed this analysis from Outsell, Inc. with the right to distribute it for marketing and market education purposes. Why This Market Outsell’s latest Information Consumption Study reveals dramatic post-pandemic changes. Each of these has important implications for serving market needs. violations in 2016.

Licensing 52

Licensing Marketing Marketing Copyright 52

LexBlog IP

MAY 26, 2023

3] The Court found that the Warhol Foundation’s licensing of the Orange Prince to Conde Nast did not have a sufficiently different purpose as the Goldsmith photograph because both were “portraits of Prince used in magazines to illustrate stories about Prince.” Goldsmith and, as a result, did not constitute fair use. [2]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

IP and Legal Filings

JANUARY 19, 2023

Corporates could be seen spending numerous resources so as to create a position in the market and to stand out from the crowd. Modi claimed that Revlon is seeing “record consumer off take growth after COVID included disruptions” However, due to heavy competition in the cosmetic market the company has filed for bankruptcy.

Intellectual Property 78

Intellectual Property Licensing Trademark IP 78

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. ” Goldsmith’s photograph was then licensed to Vanity Fair in 1984 for $400 as a “one time” “artist reference for an illustration.”

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52

Intepat

MAY 18, 2023

While one confers rights on inventors to encourage innovation, the other aims to eradicate monopolistic practices and encourages healthy competition in the market. Therefore, the need to obtain information as well as the license to use such technology is innately high, and this is where the concept of FRAND licensing comes in.

Patent 52

Patent Licensing Intellectual Property Technology 52

TorrentFreak

APRIL 4, 2024

The Premier League has a reputation for tackling challenges head on but, after breaking into the Russia market and signing a TV rights deal worth £43 million, a full-blown invasion of Ukraine was unlikely to have been part of the plan. “As soon as [Premier League] returns to Russia, our market will collapse,” Kuzmichev concludes.

Marketing 64

Marketing Marketing Journalism Licensing 64

Technology & Marketing Law Blog

MARCH 2, 2023

In 2016, Congress enacted the Consumer Review Fairness Act (CRFA), which bans businesses from trying to contractually restrict their customers’ reviews. Tennessee and Kentucky sued it over its marketing practices, such as allegedly overclaiming buyers’ eligibility for tax credits. Today’s opinion is such a piggyback.

Contracts 61

Contracts Social Media Business Blogging 61

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.

Music 104

Music Copyright Due Diligence Licensing 104

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? In short, Juice Demon is Juice Demon because he can’t be Beetlejuice, not without a license. Why did the company do this?

Trademark 242

Trademark Copyright Cease and Desist Copying 242

SpicyIP

APRIL 23, 2024

The logic behind this seems to be to compensate Ericsson for the royalties it would’ve received had Lava agreed to a FRAND based license agreement. But the device models are in the market already, so was this an accidental omission on part of the Court? There Ericsson had offered two ranges of rates for 2G and 3G devices.

Licensing 59

Licensing Technology Patent Confidentiality 59

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.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

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

LexBlog IP

JANUARY 25, 2024

FDA Approvals In 2023, there were 23 FDA approvals of Biologic License Applications , including for Vertex’s CASGEVY and Bluebird’s LYFGENIA, the first cell-based gene therapies for the treatment of sickle cell disease. As we kick off 2024, we reflect on regulatory developments in the biologics and biosimilars space in 2023.

Marketing 52

Marketing Marketing Licensing Litigation 52

43(B)log

FEBRUARY 2, 2024

Goldsmith SCOTUS understood the “use” to be the foundation’s commercial licensing. But licensing is neither a © use nor an act of infringement. Licensing is not found in 106. Sotomayor says, 8 times, that the use at issue is commercial licensing. A license is a grant of permission to use, not a use in itself.

Fair Use 49

Fair Use Derivative Work Licensing Marketing 49

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

TorrentFreak

APRIL 12, 2022

In a complaint filed this month in an Indiana court, clothing and apparel company NuStar Enterprises LLC states that since September 2016, it has continually used the ‘Reloaded’ trademark in commerce. “Over the following months Mr. Carrasquillo’s agent sought to work out a licensing arrangement with NuStar.

Branding 122

Branding Brands Branding Trademark 122