Indiana Intellectual Property Law

SEPTEMBER 22, 2023

According to the complaint, in early 2022, Andretti Global hired the Plaintiff and the Defendants to design and construct a racing facility in Fishers, IN. The parties then entered into a Design-Build Contract , which included financial terms, budgets, building plans, completion dates, etc. Continue reading

Copyright Infringement 98

Copyright Infringement Cease and Desist Copyright Contracts 98

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. The consultation closes on 7 January 2022. Photo by Markus Spiske on Unsplash. We started this rubric in the beginning of 2021.

Copyright Law 115

Copyright Law Copyright Law Reporting 115

Kluwer Copyright Blog

MARCH 13, 2024

The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of creators (see Geiger, 2017 ). From this constitutional dimension of copyright emerged the notion of ‘user rights’ ( Geiger, 2020 ).

Copyright 121

Copyright Art Licensing Contracts 121

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). Guy Rub , The Ohio State University Michael E.

Blogging 92

Blogging Contracts Copyright Law Copyright 92

The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

Copyright 62

Copyright Moral Rights Government Public Domain 62

Kluwer Copyright Blog

MARCH 14, 2024

Photo by Christian Wiediger from Unsplash This article continues the tradition of reporting on the copyright case law of the German Bundesgerichtshof, the highest German civil court for copyright matters (Federal Court of Justice – “BGH”). Part II will focus on copyright contract law and claims under copyright law.

Law 63

Law Music Copyright Art 63

Kluwer Copyright Blog

FEBRUARY 8, 2024

Typically, in the case of scholarly publications, authors are publicly funded through payment under a standing contract with a university or research institute, or through project funding, including EU funding. Pre-existing Bulgarian provision The SPR is not an entirely novel concept to Bulgarian copyright law. of the Directive.

Publishing 129

Publishing Contracts Art Copyright 129

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. But fair use isn’t a defense to a breach of contract claim.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

Technology & Marketing Law Blog

MARCH 23, 2022

A new entry in Congress’ parade of terrible Internet bills: the ‘‘ Strengthening Measures to Advance Rights Technologies Copyright Act of 2022 ’’ or ‘‘SMART Copyright Act of 2022.’’ In 1998, Congress adopted the DMCA, consisting of five different sections intended to update copyright law for the 21st Century.

Technology 113

Technology Licensing Copyright Designs 113

Kluwer Copyright Blog

DECEMBER 12, 2022

Concomitantly, the imposition of APCs has created new, and sometimes insurmountable, barriers to publication for researchers that are not affiliated to a contracting institution. [6] In current practice, authors are expected to assign or exclusively license their copyright to publishers.

Copyright 125

Copyright Publishing Journalism Art 125

Technology & Marketing Law Blog

JUNE 2, 2022

Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. The defense argued that a requirement to obtain copyright licenses conflicts with the norms in the tattoo artist community. May 31, 2022). Background.

Copyright 143

Copyright Social Media Fair Use Licensing 143

The IPKat

JUNE 29, 2022

The consultation ran from 29 October 2021 to 7 January 2022. Copyright protection for computer-generated works (CGWs) without a human author. Licensing or exceptions to copyright for text and data mining (TDM), which is often significant in AI use and development. It focused on three questions: 1. IP is key to innovation.

Government 136

Government Copyright IP Invention 136

SpicyIP

MAY 23, 2024

Saregama Vodafone Injunction against exploitation of copyright in sound recording and allied copyright work via VAS. He, rightfully, opined that ‘ twin lights can co-exist” for “ composer alone has copyright on a musical work.” Cut to almost 4 decades later, in 2012, the copyright laws in India were amended.

Music 59

Music Licensing Copyright Moral Rights 59

Plagiarism Today

AUGUST 2, 2022

Support derivative projects from the community pic.twitter.com/g4QnF6YZBp — Spice DAO (@the_spice_club) January 15, 2022. However, those familiar with copyright law, immediately began to point out flaws in the plan. For example, blockchain could be used to record that someone obtained a license to use a song in a video.

Copyright 234

Copyright Non-Fungible Tokens Technology Plagiarism 234

Kluwer Copyright Blog

DECEMBER 8, 2022

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. Current EU copyright framework. Image by Mediamodifier from Pixabay. Legislative Initiatives.

Copyright 106

Copyright Ownership Journalism Publishing 106

TorrentFreak

SEPTEMBER 22, 2022

Every time he signed back up he breached Bungie’s Limited Software License Agreement (LSLA), Bungie said. On July 25, 2022, ten days after the lawsuit was filed, @inkcel’s attorney advised the court that his client is in fact a minor child. Acts of fraud according to the lawsuit. According to his attorney, L.L.

Copyright Infringement 121

Copyright Infringement Contracts Licensing Copyright 121

SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? You can see his previous posts for us here. Akshat Agrawal.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

The IPKat

DECEMBER 6, 2021

CIPLITEC | Center for Intellectual Property Law, Information and Technology Copyright 2030 – “ The Future of the Creative Ecosystem in Europe ” (9 December 2021) CIPLITEC's interdisciplinary group of leading academics is organizing an online event on 9 December 2021 from 17:30 to 19:30 (CET). More information can be found here.

Intellectual Property 67

Intellectual Property Intellectual Property Law IP Copyright Law 67

Kluwer Copyright Blog

NOVEMBER 28, 2022

The Conseil d’Etat , the French administrative Supreme Court, handed down an important ruling on 15 November 2022 which annuls Order no. Article 18 of the CDSM provides that where authors license or transfer their exclusive rights for the exploitation of their works, they are ‘ entitled to receive appropriate and proportionate remuneration ’.

Contracts 96

Contracts Intellectual Property Cinema Copying 96

Kluwer Copyright Blog

AUGUST 24, 2022

As previously reported , between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents). The consultation closed in the beginning of January 2022.

Government 95

Government Intellectual Property Licensing Copyright 95

Kluwer Copyright Blog

MARCH 16, 2022

Running from 29 October 2021 to 7 January 2022, the “ Artificial Intelligence and IP: copyright and patents ” consultation formed the latest round in an ongoing national conversation between the UK Intellectual Property Office ( UKIPO ) and interested stakeholders (see here ). The existing TDM exceptions under UK copyright law.

Licensing 93

Licensing IP Intellectual Property Intellectual Property Law 93

Technology & Marketing Law Blog

JUNE 11, 2022

A photo of the Indianapolis nighttime skyline has generated $825 in license fees & $135k in settlements. Apparently the “de minimis” defense to copyright infringement doesn’t exist at all in the 9th Circuit. March 21, 2022). RCN Telecom Services, LLC , 2022 WL 1291388 (D. April 29, 2022).

Copyright 112

Copyright Copying Copyright Infringement Copyright Law 112

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? For that, you’d need an assignment or license from the owner of the underlying copyright. Statement of TMNTNFT’s IP lawyer, March 31, 2022. NFT enthusiasts envision a fictional world of fan-owned creative properties and character crossovers.

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

Kluwer Copyright Blog

APRIL 18, 2023

The limitation on the use of Meta’s libraries occurred after the tech behemoth and the Italian copyright collecting society for authors and editors (“Società Italiana degli Autori ed Editori”, “SIAE”) came to an impasse during the renewal of the license agreement for the exploitation of the Italian repertoire.

Music 98

Music Art Licensing Copyright 98

Copyright Lately

APRIL 6, 2024

Yonay’s widow and son launched the legal action in June 2022 after Paramount Pictures released the blockbuster sequel Top Gun: Maverick without renegotiating a license to adapt Yonay’s “Top Guns” article, despite a 2018 copyright termination notice served by his heirs.

Copyright 91

Copyright Copyright Infringement Social Media Licensing 91

The IPKat

JANUARY 18, 2023

In this post, the most interesting parts of Ryder Ripps’ answer, defence and counterclaim , filed on December 27, 2022 will be analyzed. What is really interesting is that the smart contract does not contain a link to the image but rather a link to a JSON file. As readers will appreciate, they contain valuable insights into NFTs.

Artwork 82

Artwork Contracts False Advertising Art 82

LexBlog IP

JUNE 28, 2023

3) According to the Court, the term “sale” used in article 41 of the Copyright Law must be interpreted in a broad sense. The compensation for damages cannot be less than twice the fee that is usually or by law paid for the type of exploitation that the infringer did without license.

Copying 52

Copying Copyright Law Copyright Editing 52

Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. Who owns the copyright?

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

The IPKat

JUNE 26, 2022

Marques - CELEBRATING MARKS: How sustainability and technology will shape the future of brands - 20 to 23 September 2022 - Madrid, Spain The 2022 MARQUES Annual Conference will be held in Madrid from 20 to 23 September 2022. Registration is open and more details can be found here. Further information is available here.

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

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.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

The IPKat

FEBRUARY 3, 2023

It should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law. On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe.

Government 141

Government Related Rights Copyright Law 141

Technology & Marketing Law Blog

NOVEMBER 30, 2022

RCN Telecom Services, LLC , 2022 WL 6750322 (D.N.J. 2022 WL 7560395 (D. The court rejects direct copyright liability by a VPN service provider. Therefore, Plaintiffs have adequately pled that Defendants are not eligible for safe harbor under the DMCA to warrant dismissal at this stage of the proceedings.

Copyright 127

Copyright Advertising Advertising Copyright Infringement 127

Kluwer Copyright Blog

MARCH 8, 2023

4996/2022 in November 2022 ( ΦΕΚ Α´ 2022/24.11.2022 ), which amended the basic Greek Copyright Law ( L. 2121/1993 on “Copyright, Related Rights and Cultural Matters” ), as well as L. 4481/2017, on “Collective Management of Copyright and Related Rights” ( ΦΕΚ Α’ 100/20.7.2017 ). 43bis I.aut.,

Publishing 52

Publishing Art Related Rights Marketing 52

The IPKat

FEBRUARY 23, 2023

In that regard, punitive damages for IPRs infringements have found their places in, but not limited to, China’s Civil Code (CCC), Copyright Law, Trade Mark Law and Patent Law (see former IPKat posts here and here ). On the contrary: it has embraced them as a useful tool. Shelly: 'Oops!…You You did it again ?'

Settlement 70

Settlement Patent Infringement Patent Intellectual Property 70

Technology & Marketing Law Blog

FEBRUARY 13, 2023

More than eight hours of excerpts from those recorded interviews were published by Simon & Schuster in October 2022 as an audiobook under the title The Trump Tapes: Bob Woodward’s Twenty Interviews with President Donald Trump. (The The Falwell court was on solid ground in denying relief on the grounds of an implied license.

Copyright 120

Copyright Blogging Publishing Fair Use 120

The IP Law Blog

AUGUST 25, 2022

VNG Corporation (decided July 21, 2022), the Ninth Circuit addressed the issue of how to evaluate whether a U.S. District Court can exercise personal jurisdiction over a foreign defendant with regard to a copyright infringement suit. The Court also found it significant that VNG had “contracted with U.S. In Lang Van, Inc.

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98

The IPKat

SEPTEMBER 3, 2022

Bowrey argues that the rise in availability and popularity of crime, mystery and detective stories was sponsored by changes to copyright commercialisation practices, which facilitated the full potential of modern copyright law to be exploited internationally.

Copyright 95

Copyright Music Intellectual Property Marketing 95