Kluwer Copyright Blog

MARCH 13, 2024

licenses for specific uses). Rightholders can, for example, choose whether to license an e-book or an e-journal to a library, or whether to provide licenses to educational establishment to play music and audio-visual works for educational purposes. Furthermore, procedural safeguards ( Quintais et al.,

Copyright 121

Copyright Art Licensing Contracts 121

Technology & Marketing Law Blog

MAY 15, 2024

355, 360-61 (2019). to license works from the Music Specialist catalog. 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. Use of that song was in turn licensed to several popular television shows, including “So You Think You Can Dance.”

Music 95

Music Blogging Copyright Ownership 95

TorrentFreak

MAY 8, 2023

Adjusted for inflation, imported Japanese N64s changed hands for the equivalent of $1,400 in today’s money; a copy of Super Mario 64? Jumping through these hoops to play a genuine cartridge on a genuine console not only felt ridiculous but probably amounted to a breach of license/copyright. A snip at $165.

Copying 120

Copying Copyright Licensing Fair Use 120

Technology & Marketing Law Blog

JULY 25, 2022

In 2013 and 2015, it granted exclusive licenses to stream those works to Starz, a premium subscription channel. The time periods for each license were separate, and some licenses were renewed multiple times, resulting in more than 1,000 separate license periods. 17 U.S.C. §

Blogging 86

Blogging Copyright Licensing Copyright Infringement 86

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). Third, is Trump’s claim of ownership barred by 17 U.S.C. Simon & Schuster, Inc. 3:23-cv-02333 (N.D.

Copyright 120

Copyright Blogging Publishing Fair Use 120

TorrentFreak

AUGUST 26, 2022

Many digital file formats allow creators to embed additional data to provide details of ownership or any other relevant information. Between 2013 and 2017, Elias took photographs of hotels and licensed their owning companies to use them in promotional activities. Victor Elias specializes in hotel and resort photography.

Moral Rights 127

Moral Rights Copyright Public Domain Copyright Infringement 127

Copyright Lately

MAY 7, 2021

In 2019, Warner Bros. Jeff Miller and Sasha Jenson—licensed rights to Warner without Duthie’s participation. It’s true that co-owners are required to account to each other for any profits earned from licensing or otherwise exploiting a copyright. Accounting Rights Can Only Be Enforced Against a Co-Owner, Not a Licensee.

Ownership 85

Ownership Copyright Copyright Law Television 85

SpicyIP

JULY 29, 2021

Limitations on storage of copied works in digital formats. According to the AISHE Report 2019-20, 66.3% Historically, the exceptions for teaching, education and research have never been qualified by the nature of ownership of the institution where the use of the work is carried out. Bench decision). Concluding thoughts.

Copyright 119

Copyright Reporting Fair Use Copyright Law 119

IIPRD

APRIL 2, 2024

vi] This is where governments use ‘compulsory licensing’ to ensure access to affordable drugs in public health emergencies and foster innovation, where patents and monopolies gained through it has prevailed. Studies have established a correlation between TRIPS-plus provisions and increased drug prices in importing nations. 8, 2024).

Intellectual Property 105

Intellectual Property Branding Brands Branding 105

TorrentFreak

JANUARY 31, 2023

“The GoodPorn Website is a pirate website, displaying copyrighted adult entertainment content without authorization or license,” the complaint alleged. They are predicated on the claim that MindGeek (MG Premium) signed a bilateral agreement with Goodporn in 2019, to transfer the rights of its content.

Copyright Infringement 81

Copyright Infringement Contracts Ownership Copyright 81

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 which mandates the submission of an electronic copy of the Ph. Background.

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

The IPKat

DECEMBER 16, 2021

While the High Court found Morison liable for trademark infringement as well as passing-off, the trial judge did not make a finding of copyright infringement, stating that as the designer of the device was not called to testify, copyright ownership was not sufficiently proven.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

Technology & Marketing Law Blog

MARCH 29, 2023

It took eight months, but the ownership question of the photographs has been settled. However, it is not what I expected for the first case to be finally determined: Section 512(f) and an ownership dispute between former business partners. In 2019, he had a simple website that included a “Where We Work” page.

Blogging 96

Blogging Fair Use Copyright Copyright Notice 96

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

TorrentFreak

JANUARY 31, 2023

“The GoodPorn Website is a pirate website, displaying copyrighted adult entertainment content without authorization or license,” the complaint alleged. They are predicated on the claim that MindGeek (MG Premium) signed a bilateral agreement with Goodporn in 2019, to transfer the rights of its content.

Copyright Infringement 71

Copyright Infringement Contracts Ownership Copyright 71

IP and Legal Filings

OCTOBER 28, 2022

NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world. 71 of 2019, dated October 10, 2019, regarding the Provision of Electronic Systems and Transactions. Introduction. Non-fungible tokens (“NFTs”) continue to be popular. Government Regulation No. MOCI Regulation No.

Non-Fungible Tokens 86

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

JIPEL Copyright Blog

DECEMBER 1, 2021

2019) opinion concerning data scraping was vacated and remanded this June by the Supreme Court to be reconsidered in light of the recently decided case Van Buren v. LinkedIn sent a C&D letter, asking HiQ to stop accessing and copying the data based on the User Agreement. The controversial HiQ v. LinkedIn , 938 F.3d 3d 985 (9th Cir.

Contracts 40

Contracts Licensing Copying Confidentiality 40

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance. 569 (9th Cir.

Blogging 84

Blogging Copyright Settlement Ownership 84

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. 2019 WL 13109708 (S.D.

Registration 112

Registration Fair Use Copyright Designs 112

The TTABlog

JULY 6, 2021

The Board found that Meenaxi deliberately caused consumers to believe that its products were licensed or produced by the same source as the products sold in India. Coca-Cola submitted evidence of its ownership of the marks THUMS UP and LIMCA in India for soft drinks, where the marks are well known. The Coca-Cola Company v. 2020), cert.

Registration 98

Registration Marketing Marketing Branding 98

43(B)log

AUGUST 3, 2023

By defining purpose only as licensing image of Prince—use in a well-structured conventionalized market—the majority gets to be dismissive of the dissent; it doesn’t matter how much Warhol contributed b/c he created a substantially similar image which is now competing with her photograph. Other solutions: statutory license for sampling.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

SpicyIP

MAY 23, 2022

Anurag Sanghi v State & Ors, 2019. Moreover, Section 64 of the Copyright Act shows that on an action of seizure, the police officer can “seize copies of infringing works without a warrant.” State Govt. of NCT of Delhi v Naresh Kumar Garg, 2013. Non-Cognizable and Bailable. Deshraj v State of Rajasthan and Anr, 2017. Overturned).

Copyright 137

Copyright Ownership Copyright Infringement Law 137

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). There is disagreement among commentators whether this is a desirable development.

Copyright 137

Copyright Fair Use Copyright Law Law 137

IP and Legal Filings

AUGUST 14, 2023

2] [image Sources: Shutterstock] When it comes to disagreements over IPR that occur across international borders, this type of dispute is treated the same way as contractual disagreements over the transfer and licensing of these rights are treated: as a tort that falls under general jurisdictional guidelines. [3] Which law to choose then?

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

SpicyIP

MAY 20, 2024

Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009. Bentley Systems Inc & Anr vs Pnc Infratech Limited & Ors on 13 May, 2024 (Delhi High Court) The plaintiff instituted the present copyright infringement suit against the defendant for continuing to use the plaintiff’s software after the expiry of its license.

Trademark 45

Trademark Advertising Advertising Copyright 45

LexBlog IP

JANUARY 5, 2022

But the Texas courts found no taking, reasoning that nothing was taken from the photographer as he still had the right to use, and license others to use, his photographs. 641, 659 (2019), aff’d on other grounds 971 F.3d See Jim Olive Photography, d/b/a Photolive, Inc., ”), affirming 580 SW3d 360, 376, fn. 2d 480 (Fed.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. In 2019, FDA approved a record-breaking ten biosimilars. December 6, 2019. November 15, 2019.

Litigation 52

Litigation Settlement Marketing Marketing 52

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

DECEMBER 3, 2021

The counterfeit website went so far as to include the same physical address and business license information for the investment firm. Ownership in copyrights vests upon creation of the work. [7] 2426 – CASE Act of 2019. [10] 2426 – CASE Act of 2019, § 1508. § 201. [8] 8] 17 U.S.C. § 13, 2021).

Branding 52

Branding Brands Branding Intellectual Property 52

Technology & Marketing Law Blog

MAY 2, 2022

In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. LinkedIn lawsuit started in 2017.

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

43(B)log

AUGUST 5, 2021

Industry pushed very hard against cheap copying, and yet as of 2019 there were only 538 registrations in 20 years versus hundreds of thousands of utility patents. Consider compulsory licensing as a midway point here as well. Ownership is of linguistic description of structural properties of invention.

IP 45

IP Invention Designs Design 45

IPilogue

JANUARY 14, 2022

Copyright Ownership of Movies and Films in Canada: Who’s on First? York University achieved a major win in the copyright tariff dispute with the Canadian Copyright Licensing Agency (“Access Copyright”) in York University v Access Copyright. Giuseppina D’Agostino. IP Innovation Clinic ChatBot Launch Event by Bonnie Hassanzadeh.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

PDF copy available. Patent and Trademark Office (“USPTO”), climbing from 3,773 in 2010 to 5,319 in 2019 (see Figure 1). billion in 2019 ($31.8 The 2019 average allowance rate in CPC Class H10M was 82 percent, which is actually higher than the overall USPTO average for all technologies. Battery Industry Growth and Trends.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 9, 2022

PDF copy available. In one instance, the 2019 Max Sound Corp. Indeed, the Max Sound saga discussed above is a prime example of the muddy waters that surround patent ownership and financial interests. 11] See Vedanti Licensing Ltd., Read the full article at Law360. Google LLC decision in the U.S. District Judge Colm F.

Patent 52

Patent Litigation Patent Infringement Inventor 52