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.

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IIPRD

MARCH 4, 2024

It creates an impact in the market, like at the time of collaboration or merger with foreign companies. It was decided by the Supreme Court in the case that the cinematographic films do have the copy right it was on of the issue in the case of Yash Raj Films vs Sri Sri Ganesh Productions. [1] 2] Novartis v. Cipla, I.A. 24863/2014. [3]

Intellectual Property 98

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Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts. We were not aware that the image may have been created by AI” 2.

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IP and Legal Filings

OCTOBER 7, 2022

Nearly 95% of Indian consumers listen to music through on-demand streaming, according to the 2018 Music Consumer Insights Report from the International Federation of the Phonographic Industry. in 2017 to 13% in 2018. A copyright is a legal privilege granted to the owner of intellectual property.

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TorrentFreak

FEBRUARY 28, 2022

Setting the stage against DataCamp, DISH’s lawsuit draws attention to a 2018 submission to the USTR which saw the Motion Picture Association (MPA) complain that DataCamp’s infrastructure was being used by pirate IPTV services to distribute copyrighted content. Lawsuit Highlights MPA Complaints About DataCamp.

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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.”

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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.” Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.”

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IIPRD

FEBRUARY 27, 2021

The sale resulted in Braun acquiring Swift’s catalog of master recordings for six albums, which reportedly accounts for 30% of the company’s market share. All copies are made from this recording. Swift thus, made a move now that she was in a position of power; She left Big Machine Group in 2018 for Universal Music Group (‘UMG’).

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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.” Evidence of the scope of the market (magazines about the life of Prince, as opposed to a magazine article about the work of Andy Warhol). ” (S. .” ” Id.

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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.” Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.”

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Fair Use Licensing Music Art 40

Copyright Lately

DECEMBER 4, 2023

Effect of the Music Modernization Act on Public Domain for Pre-1972 Sound Recordings The distinction between compositions and recordings is important to remember because these two types of copyrighted works won’t enter the public domain at the same time.

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SpicyIP

OCTOBER 27, 2023

False urgency is a marketing tactic that creates a false sense of scarcity to pressure consumers into making a purchase, often resulting in dark patterns, limited stock, and unexpected delivery. Misuse of copyrighted content: It also includes misuse of copyrighted material, such as using images or content without permission to mislead users.

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LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

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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. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

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Fair Use Derivative Work Blogging Licensing 95

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.

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Copyright Derivative Work Fair Use Copyright Law 52

Technology & Marketing Law Blog

JUNE 17, 2023

Users retain ownership of content they upload to GitHub, but grant GitHub: the “right to store, archive, parse, and display [the content], and make incidental copies, as necessary to provide the Service, including improving the Service over time.” GitHub (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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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.

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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.

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Technology & Marketing Law Blog

MARCH 29, 2023

On June 4, 2018, Oppenheimer found his image on Prutton’s website. Prutton admitted to copying and said that his adult daughter had helped him with his website. (A The claim says hat infringement is ongoing from 2018-present, even though the photo was removed in 2019. Screengrabs from October 29, 2019 from the Wayback Machine.

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Blogging Fair Use Copyright Copyright Notice 95

LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 73, 77 (2018)(footnotes omitted)]. Garg (2018), at 78-80 ]. copyright law. include[es] the contribution of businesses with religious roots.

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Intellectual Property Invention Trademark Copyright 52

Technology & Marketing Law Blog

MAY 15, 2024

One Music Specialist work (“Jam the Box”) was interpolated into Flo Rida’s hit song “In the Ayer,” which sold millions of copies and reached No. In 2018, following his second prison stint, Nealy sued Warner Chappell for copyright infringement. Nealy (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. It also addresses changes to the German Collecting Societies Act (VGG) and copyright liability of online content sharing service providers.

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Copyright Related Rights Copyright Law Publishing 52

LexBlog IP

JANUARY 5, 2022

In this case, the Supreme Court of Texas held that a government entity may reproduce, display, and utilize a copyrighted work for its own benefit without paying any compensation to the copyright owner. Copyrights have also been viewed as personal property in much the same way, as have trade secrets. See CCC Info. LLC , 138 S.Ct.

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Kluwer Copyright Blog

JANUARY 20, 2022

It was taken down after one hour, as it was subject to a copyright notice by a news channel relying on the US DMCA. This news channel had used the (open source) NASA video for its own news video and ended up raising unjustified claims against other copies on YouTube, including NASA’s original video. 6) and intentional abuse (p.

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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. On March 13, the Delhi High Court granted an ex parte interim injunction in Markets and Markets Research Pvt. Meticulous Market Research Pvt.

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SpicyIP

APRIL 16, 2022

In the context of plagiarism, UGC has publicly problematized both ‘regular’ plagiarism ( through its 2018 Regulations for the ‘ Promotion of Academic Integrity and Prevention of Plagiarism in Higher Educational Institutions’ ) as well as ‘self-plagiarism’ (through a public Notice in 2020). liability, if any, under copyright law, 2.)

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Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. ” Professor Smith considers silencing to be a form of “copyright weaponization,” which, despite its somewhat loaded name, simply refers to the use of copyright law to vindicate non-copyright interests.

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