IPilogue

MAY 6, 2022

Dua Lipa’s 2020 pop hit “Levitating” is facing copyright infringement lawsuits as of March 2022. Claimants have the best chance of success if they can prove direct copying of their work, but considering the different lyrics and disparate sounds, these artists are unlikely to plead direct copying. Photo by Smorazanm ( Pixabay ).

Music 118

Music Copyright Infringement Copying Public Domain 118

IP Tech Blog

MAY 18, 2023

In a case that could have some lasting impact, the Federal Circuit recently affirmed a 2020 ruling by Judge Rodney Gilstrap in the Eastern District of Texas dismissing claims that a competitor infringed non-literal elements of the plaintiff’s software.

Copyright 57

Copyright Public Domain Copying Litigation 57

IPilogue

SEPTEMBER 9, 2022

The real-life tax company “Liberty Tax” claims that the show copied its logo and style, including the Statue of Liberty, which is a frequent identifier of the company. Netflix eventually settled with Chooseco in late 2020 after unsuccessfully arguing on grounds related to trademark law and fair use allowances. .

Trademark 106

Trademark Public Domain Television Fair Use 106

LexBlog IP

MAY 18, 2023

In a case that could have some lasting impact, the Federal Circuit recently affirmed a 2020 ruling by Judge Rodney Gilstrap in the Eastern District of Texas dismissing claims that a competitor infringed non-literal elements of the plaintiff’s software.

Copyright 52

Copyright Public Domain Copying Litigation 52

TorrentFreak

SEPTEMBER 5, 2023

Last month, the Danish Rights Alliance was the first group to claim a major victory on the takedown front, by removing a copy of the controversial Books3 AI training dataset from the web. Books3 was first published on The Eye in late 2020 and was eventually removed when the Rights Alliance sent a formal takedown notice.

Copyright 84

Copyright Government Public Domain Publishing 84

Patently-O

AUGUST 22, 2022

Bonito Boats centers on a Florida statute prohibiting copying of unpatented boat hulls via direct molding. And, once a patent expires (or is refused or forfeited by public use), the balance allows “free access to copy whatever the federal patent and copyright laws leave in the public domain.”

Patent Law 90

Patent Law Law Patent Invention 90

Kluwer Copyright Blog

JULY 14, 2023

The initial pre-print version was drafted with the collaboration of academics from different universities and led to an international conference in 2020 in Geneva. National policymakers should review existing sui generis database rights or similar rights, when they exist, in order to avoid limiting access and use of public domain works.

Database Right 52

Database Right Licensing Public Domain Artwork 52

Plagiarism Today

SEPTEMBER 14, 2022

In 2020, Ken Thompson, a post-doctorate fellow and a co-author on a 2014 study published by Newmaster on forest plants, sounded the alarm and approached UG with concerns about Newmaster’s work. However, doubts about his work began to pile up. Perhaps the most damming evidence came out in a February 2022 feature published by Science Magazine.

Journalism 187

Journalism Plagiarism Publishing Public Domain 187

IP and Legal Filings

APRIL 20, 2023

Introduction Any literally or artistic work that is original and creative i.e.; not copied from anywhere by the owner is protected under Copyright Act, 1957. Making AI as a separate legal entity may prompt to copyright infringement to those who provide the said data or information in public domain. 1996) 38 DRJ 81 (India). [2]

Ownership 61

Ownership Moral Rights Public Domain Intellectual Property 61

IP Whiteboard

JULY 19, 2020

On 27 April 2020, the Supreme Court of the United States ( Supreme Court ) handed down its decision in Georgia Et Al v Public Resource Org, Inc. PRO counterclaimed seeking declaratory judgment that the entire OCGA was in the public domain. What did the Supreme Court find? reasons given by a judge.

Copyright 52

Copyright Law Government Public Domain 52

Technology & Marketing Law Blog

MAY 13, 2024

As I wrote back in December, scraping claims are almost always about unwanted copying and distribution of data. And that, in turn, further restricts what should be in the public domain and gives companies power to create property rights where none are otherwise granted in the law. citations omitted) X Corp. Bright Data at 21.

Blogging 92

Blogging Contracts Cease and Desist Social Media 92

IP and Legal Filings

SEPTEMBER 12, 2022

Cooper case, a work does not have to be entirely unique in order to be protected by copyright; rather, there needs to be some effort put into it and it cannot be a carbon copy of another person’s work. Singer Ariana Grande shared a photo in 2020 to celebrate the arrival of her new album by paparazzo Robert Barbera.

Art 52

Art Copyright Artistic Work Public Domain 52

Patently-O

APRIL 6, 2023

WPL is a UK based software company who obtained several copies of SAS statistical software and made their own clone version by rewriting the code and by relying upon an early version of SAS that is not protected by copyright. The copyright case is not about copying code. Newman , 959 F.3d 3d 1288 (11th Cir.

Copyright 56

Copyright Copying Copyright Infringement Fair Use 56

IIPRD

JANUARY 23, 2023

Patent are valid for the duration of 20 years before coming into public domain) Patent infringement can occur in two ways. 7] Amazon Patent and Trademark Infringement, Smith & Hopen (2020), [link] (last visited Dec 8, 2022). [8] LEXIS 24421. [7] 9] Mandour & Associates, supra note 1. [10] 10] Dickinson Wright-William J.

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

IP and Legal Filings

JANUARY 29, 2024

An indication becomes generic when it returns to the public domain and is no longer protected in its country of origin or has ceased to be used there. ” However, the recently passed GI Amendment Rules, 2020 have partially addressed this issue.

Registration 93

Registration Blogging Designs Design 93

Plagiarism Today

JANUARY 3, 2022

On December 2020, Congress passed the Copyright Alternative in Small-Claims Enforcement Act or the CASE Act. This came to a head in 2017 when the filmmaker Rick Allen sued the State of North Carolina over alleged illegal copying of footage he shot of Blackbeard’s sunken ship. 5: The Public Domain Expands.

Copyright 258

Copyright Public Domain Registration Social Media 258

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. Anthony, 2020 WL 11206863 (N.D. Signal 23 Television v. Prior Posts on Section 512(f).

Registration 111

Registration Fair Use Copyright Designs 111

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 69

Fair Use Copying Publishing Copyright 69

43(B)log

FEBRUARY 19, 2022

President Ford couldn’t prevent others from copying bare historical facts. Karp agrees that (c) is not like land, which preexisted the public domain and was acquired and distributed by gov’t. (c) Review board 1995-2020: same basic story. Uses them to show what’s not protectable—no author may © ideas or facts.

Copyright 59

Copyright Moral Rights Artwork Art 59

Kluwer Copyright Blog

MAY 16, 2023

Flexibilities have been classified on the basis of a blended taxonomy, centred around categories of uses, purposes/goals and rights/interests balanced against copyright, coupled with horizontal, catch-all categories such as “public domain” and “external copyright flexibilities”. parody and quotation). private study, e-lending).

Reporting 52

Reporting Copyright Public Domain Editing 52

SpicyIP

SEPTEMBER 15, 2023

Even after the 2020 amendment and consequent dilution of the Form 27, the dismal number of filings indicates the general ignorance of the patentees towards this obligation. Interestingly, this has been described as a method to reduce the burden on patent applicants since this information is already available in the public domain.

Patent 105

Patent Invention Public Domain Patent Application 105

LexBlog IP

AUGUST 23, 2023

2020), each step in the process forces a court into a role not unlike the art critic. For a court, that process means “’dissect[ing] the allegedly copied [work’s] structure and isolate each level of abstraction contained within it.’” Newman, 959 F. 3d 1288, 1303 (11th Cir. ’” Id. ” Id.

Copyright 52

Copyright Art Copying Derivative Work 52

Technology & Marketing Law Blog

JUNE 20, 2023

For example, when a sound recording of a musical work gets played on Spotify, both the owner of the copyright in the musical work and the owner of copyright in the sound recording (the derivative work) are entitled to royalties for the public performance. Before 2020, the Supreme Court decided only four fair use cases. of America v.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

IIPRD

MAY 4, 2023

To qualify as a patentable invention, the invention: must not be in the public domain or have been published or used previously; must not be obvious and must involve a technical advancement; and must be capable of being implemented commercially. 3] (1979) 2 SCC 511. [4] 7] 569 U.S.

Intellectual Property 52

Intellectual Property Invention Public Domain Patent 52

IP and Legal Filings

SEPTEMBER 8, 2021

Most prominently, through its 2020 report, IBM stated that several patents granted to them in 2017 also comprised of blockchain patents. In the NFT space, a buyer is granted ownership over a copy of a digital artifact. Several individuals have been held for falsifying copyright ownership over a work that exists in the public domain.

Intellectual Property 67

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 67

SpicyIP

MAY 15, 2023

Other Posts World of Possibilities: Single Judge Bench of Delhi High Court Allows Use of Celebrity Information Available in Public Domain Delhi High Court specifies some contours of publicity rights in India! Deadline for the Applications: 11:59pm IST, 23rd June, 2023.

Trademark 104

Trademark Registration Cease and Desist IP 104

43(B)log

APRIL 26, 2022

Nor was there any conflict with the injunctive relief ruling: there were many rational reasons to find that Ethicon’s marketing was likely to deceive doctors during the statutory liability period that ended in 2018, but that there was sufficient current information in the public domain to warrant the denial of injunctive relief in June 2020.

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

FEBRUARY 23, 2024

Sears/Compco said there was a right to copy things in the public domain; how did that go away? Do you still point out that Congress endorsed Rogers in 2020? But somehow there’s a big change between Sears/Compco and Taco Cabana. Or do you accept the corroded structure and do something else?

Trademark 45

Trademark Law Branding Brands 45

Kluwer Copyright Blog

APRIL 28, 2022

The judgment comes almost a year and a half after the Court heard the parties to the case in November 2020. Additionally, automated blocking may only take place in cases where the blocking of works or other subject matter in the public domain or for which platform users may have obtained a licence is ruled out [para.

Copyright 109

Copyright Law Intellectual Property Law Public Domain 109

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). If the work was published without proper copyright notice, the work entered the public domain. complaint filed Jan.

Copyright 119

Copyright Blogging Publishing Fair Use 119