Kluwer Copyright Blog

JULY 11, 2022

The defendants did not seek approval from the claimant in relation to the OFDE and, as a result, in 2019 the claimant sued the defendants for copyright infringement and passing off. In 2020, the case was moved from the High Court to the IPEC due to the defendant’s inability to afford a High Court case. The Infringement.

Copyright Infringement 113

Copyright Infringement Copyright Music Intellectual Property 113

Kluwer Copyright Blog

JANUARY 16, 2024

LLaMA is a large language model in the form of an AI software program designed to emit convincingly naturalistic text outputs in response to user prompts. Rather than being programmed in the traditional way, a large language model is “trained” by copying massive amounts of text and extracting information from it.

Derivative Work 133

Derivative Work Copyright Infringement Copying Copyright 133

IPilogue

DECEMBER 9, 2022

In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of the tattoos. The Court’s Conclusions. Citing Muhammad-Ali v.

Fair Use 112

Fair Use Copying Licensing Copyright 112

Plagiarism Today

OCTOBER 24, 2022

In 2019, it was due to road work on my street and both 2020 and 2021 due to the pandemic. 2: Dracula vs. Nosferatu: A True Copyright Horror Story. However, due to a copyright infringement lawsuit filed by the widow of Bram Stoker, Florence Stoker, the movie almost didn’t survive at all. Bottom Line.

Copyright 266

Copyright Public Domain Copying Copyright Notice 266

Kluwer Copyright Blog

MAY 30, 2024

However, copyright protection may unexpectedly clash with this sustainable practice, as certain upcycled items could include copyrighted prints, ornaments, or design patterns from the original materials, such as new clothing items made out of old bed sheets, curtains, or tablecloths , or jewellery made from broken porcelain.

Copyright 113

Copyright Copyright Law Business Intellectual Property 113

The IPKat

OCTOBER 15, 2023

The Respondent submitted that the Palais Royal dining table would not be protected by copyright since it is not sufficiently original. The design was largely attributable to functional and technical considerations and based on simple variations of previously known designs that are part of the general design repertoire.

Art 91

Art Designs Design Marketing 91

TorrentFreak

AUGUST 24, 2021

In April 2020, a coalition of entertainment companies headed up by Universal, Paramount, Columbia, Disney and Amazon filed a copyright infringement lawsuit against the operators of ‘pirate’ IPTV service Nitro TV. channels, which are only possible to offer after content is copied and stored, contrary to copyright law.

Television 133

Television Copyright Infringement Advertising Advertising 133

TorrentFreak

DECEMBER 6, 2021

Copyright Infringement Lawsuit. “This site is stripped of all AATV branding and designed to appear like it sells VPN software to consumers,” the complaint notes, adding: “Defendants’ actions are consistent with an intent to operate the AATV service in covert manner because they know the service is illegal.”

Copyright Infringement 134

Copyright Infringement Licensing Copying Copyright 134

TorrentFreak

AUGUST 12, 2022

Microsoft’s problem is that product activation keys can be ‘decoupled’ from the software they were meant to authorize and then reused to activate more copies of the software, in some cases more copies than the attached Microsoft license permits. Contributory Copyright Infringement.

Copying 104

Copying Licensing Marketing Marketing 104

TorrentFreak

DECEMBER 26, 2021

In a summer 2020 lawsuit , Amazon Content Services, publisher Penguin Random House and several authors including John Grisham and Lee Child, accused several pirate eBook sites of infringing their copyrights. The court also ordered assets to be restrained. Early on it became clear the case was unlikely to be straightforward. .

Web Design 140

Web Design Copyright Publishing Copyright Infringement 140

TorrentFreak

OCTOBER 10, 2022

In 2020, complaints from the Federation of Newspaper Publishers (FIEG) over the illegal distribution of newspapers, periodicals, and books, led to an emergency order requiring Telegram to shut down 19 channels or face blocking itself. In early 2020, ODG filed a complaint at the Public Prosecutor’s Office at the Court of Milan.

Advertising 126

Advertising Advertising Cinema Copyright Infringement 126

Copyright Lately

DECEMBER 24, 2023

The first was to ink an image of Tiger King star Joe Exotic (along with a can of Lysol and a “Quarantine 2020” toilet paper banner) onto her husband’s thigh as part of a gift certificate promotion for the business. When Netflix refused to pay up, Cramer sued for copyright infringement. Even though Cramer v.

Copyright 105

Copyright Copyright Infringement Music Fair Use 105

Copyright Lately

APRIL 3, 2023

book publishers, rejecting the Internet Archive’s argument that its practice of scanning and lending digital copies of books qualifies as fair use under the Copyright Act. When the electronic version is “checked out,” the physical copy is taken out of circulation. ” What is Controlled Digital Lending?

Fair Use 71

Fair Use Copying Publishing Copyright 71

TorrentFreak

SEPTEMBER 29, 2021

With the 2020 United States presidential election campaign in full swing, then-President Donald Trump seized every opportunity to paint Democratic opponent Joe Biden in an unfavorable light. “The fair-use privilege under § 107 is not designed to protect lazy appropriators. . Trump’s Attempts to Have Lawsuit Dismissed.

Fair Use 139

Fair Use Music Licensing Copying 139

Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Copyright How would you define copyright? The word ‘copyright’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. However, that is sometimes not enough to avoid infringement, which is where registration comes in.

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52

SpicyIP

JANUARY 23, 2023

The Battle Between Moderna and Pfizer/BioNTech Continues The litigation surrounding mRNA patent thickens in the USA as Pfizer/ BioNTech files defence and counterclaims against the patent infringement allegations made by Moderna. This post was originally published in Bill of Health , the blog of Petrie-Flom Center at Harvard Law School.

Designs 105

Designs Design Invention Registration 105

Kluwer Copyright Blog

OCTOBER 3, 2023

The C4 dataset, created by Google in 2020, is taken from the Common Crawl dataset, which is an open-source dataset and “ a massive collection of web pages and websites consisting of petabytes of data collected over twelve (12) years, including raw web page data, metadata extracts, and text extracts ” (§ I.78 76) (see here and here ).

Fair Use 136

Fair Use Privacy Copyright Technology 136

TorrentFreak

MAY 5, 2023

Stream-ripping platform Yout took the initiative in 2020 by suing the RIAA, hoping that the court would declare its service non-infringing. The RIAA’s position couldn’t be more clear but the system actually belongs to YouTube; did the company design the mechanism to limit copying?

Music 111

Music Technology Copying Copyright 111

Copyright Lately

SEPTEMBER 26, 2022

That order actually topped my list of the 5 Worst Copyright Decisions of 2020 because, by sending the case to a jury, the court effectively ruled that anyone with a tattoo is not in control of the uses to which his or her likeness is put. A plaintiff typically has the burden at trial to prove ownership of a valid copyright.

Fair Use 86

Fair Use Licensing Ownership Copying 86

TorrentFreak

NOVEMBER 27, 2021

That resulted in a then-unknown number of Virgin Media customers receiving letters accusing them of pirating the less-than-successful movie ‘Ava’ and warning of a copyright infringement lawsuit, should they choose not to settle the case. This was subsequently delayed due to Covid-19,” the letters note.

Copying 139

Copying Settlement Cinema Copyright 139

Kluwer Copyright Blog

OCTOBER 30, 2023

Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs. As part of this scheme, in September 2020, Tesco introduced the Clubcard Prices promotion: Tesco Clubcard holders were given discounts at the point of sale on certain products.

Copyright 60

Copyright Copying Branding Brands 60

Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Copyright How would you define copyright? The word ‘ copyright ’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. However, that is sometimes not enough to avoid infringement, which is where registration comes in.

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

Copyright Lately

OCTOBER 3, 2022

Because Alexander didn’t register copyrights in her tattoo designs until shortly before filing her complaint in 2018 (long after the claimed infringement first occurred), she’s not entitled to seek recovery of her attorneys’ fees under the Copyright Act. Skull arm design. Bible verse design.

Fair Use 80

Fair Use Designs Design Licensing 80

43(B)log

DECEMBER 1, 2022

OSD Audio then sued Outlaw under §512(f), and Outlaw counterclaimed for false advertising and unfair competition under the Lanham Act, copyright infringement, and trade libel. Copyright infringement: Outlaw was likely to succeed in showing that it owned a copyright in the manual. Prager Univ. Google LLC, 951 F.3d

Advertising 64

Advertising Advertising False Advertising Copyright 64

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. OK, I guess, but this is a reminder of how hard it is to win 512(f).

Registration 114

Registration Fair Use Copyright Designs 114

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. July 17, 2023).

Blogging 96

Blogging Copying Social Media Copyright 96

The IPKat

DECEMBER 16, 2021

Interested readers can find the Africa IP Highlights 2020, here. Today, we begin with developments in the copyright field. CPL Industries Limited , dismissed an appeal from the High Court in a copyright infringement, trademark infringement and passing-off suit between two pharmaceutical companies.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

Michael Geist

AUGUST 3, 2021

” The decision removes any doubt that the Supreme Court remains strongly supportive of user’s rights in copyright and vindicates years of educational policy in shifting away from Access Copyright toward alternative means of ensuring compliance with copyright law. .”

Copyright 100

Copyright Copying Copyright Infringement Licensing 100

Patently-O

APRIL 6, 2023

The district court held a copyrightability hearing and followed a burden shifting procedure created by the 11th Circuit in Compulife Software Inc. In particular, the court first assumed that the work was copyrightable based upon the registration documents. SAS sued in E.D.Tex for copyright infringement. Newman , 959 F.3d

Copyright 57

Copyright Copying Copyright Infringement Fair Use 57

Copyright Lately

SEPTEMBER 12, 2022

While these sorts of objects typically aren’t themselves eligible for copyright protection, they often contain pictures or designs which are protectable. Unfortunately, however, Section 113(c) is like the Generation X of copyright law—it’s remarkably useful, underrated, and largely overlooked—even by copyright lawyers and judges.

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

SpicyIP

MAY 6, 2024

The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. thus, the use of trademark “Serpenti” by the defendant for identical goods prima facie amounts to infringement under Section 29 of the Trade Marks Act, 1999.

Trademark 59

Trademark Invention Licensing Patent 59

LexBlog IP

SEPTEMBER 24, 2021

.” This is exactly what happened to Jaguar Land Rover in its claim against Land Wind (Jiangling Motors) in China for copying of Jaguar Land Rover’s car design. After their patent battle from 2014 to [2019], the design patents of Jaguar Land Rover and Land Wind for their off-road vehicles were invalidated by each other.

IP 52

IP Intellectual Property Design Patent Copyright Infringement 52

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. 26, 2023, 11:00 AM), [link]. 18] Tiffany (NJ) Inc.

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

Velocity of Content

JANUARY 26, 2022

In fact, by April 2020 there were already 39,000 articles in our Covid Collection within RightFind. Interested in seeing real examples of how R&D teams use RightFind and our copyright licensing solutions? Think about the early days of the pandemic when researchers set out to find treatments and vaccines to fight the disease?caused

Marketing 98

Marketing Marketing Licensing Publishing 98

IIPRD

FEBRUARY 8, 2024

Copyright laws, for instance, vary from jurisdiction to jurisdiction. What constitutes copyright infringement in one country may not be in another. 1] , t he cloud service provider was not made liable even after abetting the infringement. It is designed as an Infrastructure as a Service (IaaS) platform. eBay Inc.

Intellectual Property 52

Intellectual Property IP Government Technology 52

IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. The purpose of copyrights is to protect creative works, including writings, from infringement.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

IP Whiteboard

AUGUST 30, 2020

Left: Chris Black’s Jarrangini (buffalo), 2018 © Chris Black/Copyright Agency, 2020. Through negotiations with Jilamara, Mr Black, Ms Hagebols and the Copyright Agency, Ms Hagebols was able to use Mr Black’s screen-print as a tattoo. Does copyright exist in tattoos? What about moral rights?

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52