Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790).

Contracts 98

Contracts Copyright Law Cease and Desist 98

Technology & Marketing Law Blog

APRIL 22, 2024

This is one of several copyright cases brought by tattoo artists against videogame makers for depicting athletes bearing their tattoos. That case involved a photographer who sued the tattoo artist for depicting the copyrighted photo in a tattoo. WWE 2K Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik

Licensing 71

Licensing Copyright Blogging Fair Use 71

The TTABlog

DECEMBER 27, 2023

The Board upheld a refusal to register the proposed mark CONCRETE PORN for "Advertising services, namely, providing a website for the promotion of concrete services and designs of others," finding that applicant's specimen of use failed to show a direct association between the mark and the recited services. Text Copyright John L.

Advertising 67

Advertising Advertising Designs Design 67

LexBlog IP

JANUARY 4, 2022

Review Your Contracts Every Year. One of the most important tools to protect your business – your ideas (copyrights, trademarks, trade secrets, confidential and proprietary information), customer relationships and talent pool – is your written contract. Franken-contracts can ruin your business. reportAd: {.

Contracts 52

Contracts Business Confidentiality Privacy 52

Technology & Marketing Law Blog

NOVEMBER 30, 2022

As I wrote previously : lawsuits against IAPs are problematic for many reasons, including the failure of 512(a), the danger of assuming that notices of claimed infringements (NOCIs) actually reflect infringing behavior, and the mismatch between the wrongdoing of alleged copyright infringement and the remedy of terminating Internet access.

Copyright 127

Copyright Advertising Advertising Copyright Infringement 127

The IPKat

DECEMBER 13, 2022

We begin with developments in the copyright field. In February , Kenya’s parliament passed the Copyright Amendment Bill 2021. Amongst other things, the Act also establishes a National Rights Registry (NRR ) , which is the central repository collating details pertaining to the ownership of various copyright works.

Copyright 120

Copyright IP Music Ownership 120

43(B)log

JANUARY 6, 2022

5, 2022) The court finds that, contrary to the district court’s holding, at least some of the underlying lawsuit’s allegations claimed that Vitamin Energy made disparaging statements about 5-hour Energy, thus triggering the insurer’s duty to defend under its “advertising injury” policy.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

Indiana Intellectual Property Law

SEPTEMBER 28, 2022

He also stated that he created Intellectual Property for the Defendants’ social media accounts, digital marketing, and other advertising vehicles. The Plaintiff is requesting the Court order the Defendants to pay damages, disgorgement of profits, costs and attorney’s fees for copyright infringement pursuant to 17 U.S.

Copyright Infringement 52

Copyright Infringement Social Media Copyright Intellectual Property 52

43(B)log

OCTOBER 4, 2021

False advertising: This one survived: By listing LStar developments under the heading “Oak City Representative Developments,” “the proposal necessarily implies that defendant Oak City developed those properties.” Not every word on a label or ad is a mark. LStar didn’t plead its own trademark use. What about injury? “[H]ere

False Advertising 59

False Advertising Advertising Advertising Contracts 59

Traverse Legal Blog

APRIL 17, 2021

Copyright Licensing of Digital Assets Attached to NFT Sales. Bonus: Free Open Source Copyright License for NFT sales below]. NFT Copyright Licensing. An NFT is a Smart Contract, meaning that it embeds specific basic contract terms in the NFT metadata that goes onto the blockchain. Let’s talk about it.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

SpicyIP

MARCH 28, 2022

News and Views: Copyright Hues and Authors’ Dues. World over traditional media houses have faced financial difficulties due to the emergence of new digital realities and plummeting online advertising revenues. For instance, the EU has adopted a neighbouring right for press publishers under copyright regulations. Aparajita Lath.

Copyright 105

Copyright Publishing Music Contracts 105

Technology & Marketing Law Blog

JUNE 2, 2022

Can tattoos infringe copyrights, and if yes, what remedies are appropriate? 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. Background. Jeff Sedlik , a photographer, took an iconic photo of jazz legend Miles Davis.

Copyright 143

Copyright Social Media Fair Use Licensing 143

43(B)log

MAY 19, 2023

Roblox sued for copyright infringement, false advertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and false advertising and unfair competition under California law.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. Defendants counterclaimed for payment and damages for breach of contract and bad faith.

Advertising 64

Advertising Advertising Settlement Contracts 64

Kluwer Copyright Blog

JUNE 19, 2023

However, the ensuing craze and notoriety generated by many high-value NFT transactions has revealed a slew of unanswered legal copyright questions and issues. However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

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. ML Genius v.

Blogging 92

Blogging Contracts Copyright Law Copyright 92

IPilogue

JULY 28, 2021

Since Roderique was unaware of the advertisement and was not doing work for The Bay, she tweeted the following: “ Hey @hudsonsbay, it would have been a good idea for you to get my permission to use my face and associated activism to solicit donations ‘to support employment and empowerment of IBPOC’, no? Roderique’s Response.

Copyright Infringement 112

Copyright Infringement Copyright Social Media Ownership 112

TorrentFreak

NOVEMBER 18, 2022

People generating advertising revenue from ‘Fast Movies’ certainly wouldn’t improve things either. “This is a ruling that fully upholds our allegations, and we believe that it should be a great deterrent against copyright infringement in the future,” a joint CODA and JVA statement reads.

Editing 136

Editing Television Copyright Infringement Advertising 136

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? IIM ) , and their applicability cannot be waived by contract.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

TorrentFreak

JANUARY 11, 2022

Over the past several years a wave of copyright infringement lawsuits have been filed against alleged cheaters or cheat makers. In a complaint filed at a Seattle federal court last June, Bungie accused AimJunkies.com of copyright and trademark infringement, among other things. This includes several copyright infringement allegations.

Copyright 133

Copyright Law Copying Copyright Infringement 133

IP Tech Blog

MAY 19, 2023

This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. Parties : Consider the parties involved in the arrangement and ensure that the appropriate parties are reflected in any formal contracts.

Marketing 57

Marketing Marketing Branding Brands 57

BYU Copyright Blog

APRIL 1, 2024

Francis") committed copyright infringement and was in breach of contract over the use of hundreds of photographs he took for the school and its students. Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021. Morlos and St.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

Technology & Marketing Law Blog

OCTOBER 25, 2023

Implications This case generally sidesteps the interesting issues involving tattoos and copyrights, but the ruling does have tattoo-specific elements. The court never addresses who owned the photograph’s copyright, but they might have had a better claim than the tattoo artist). Warner Bros.

Blogging 83

Blogging Copyright Fair Use Copyright Infringement 83

The IPKat

JULY 14, 2023

The sign in question is perceived as a general advertising message indicating that consumers will be particularly satisfied with the services offered under the sign. In general, emojis can be registered as a trade mark, as a design or be protected under copyright caw. They are often associated with positive communication.

Contracts 52

Contracts Trademark Intellectual Property Law Intellectual Property 52

IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.”

Copyright 88

Copyright Public Domain Copying Publishing 88

IP and Legal Filings

NOVEMBER 6, 2022

As a result, the sector works closely with various performers, artists, authors, publishers, production companies, record labels, online content providers, broadcasters, advertising, distributors, etc. Or whether the agencies should be provided royalties for the same if the idea is used for marketing purposes after their contract has ended?

Ownership 52

Ownership Intellectual Property IP Contracts 52

IP and Legal Filings

AUGUST 19, 2022

The company bases its entire business model on the purchase of such a database and earns money from advertising, royalties, or client payments. The Indian Contract Act may be invoked by including a separate clause in the contract for database confidentiality. Picture Credit: Shutterstock].

Copyright 52

Copyright Database Right Privacy Technology 52

TorrentFreak

NOVEMBER 14, 2023

Google says the defendants systematically abused accounts “to submit a barrage” of fraudulent copyright takedown requests aimed at removing their competitors’ website URLs from Google Search results. Google also wants a ban on the defendants using any of its products or services to advertise their websites or products.

Advertising 138

Advertising Advertising Business Copyright 138

TorrentFreak

OCTOBER 25, 2022

Warning of potential prosecutions for offenses under the Fraud Act 2006, Copyright Designs and Patents Act 1988, and even the Serious Crimes Act 2007, PIPCU suggests shutting down as an alternative. “This tender is being run by the Intellectual Property Office (IPO) and the contract will vest with and be paid for by the IPO. .

Intellectual Property 113

Intellectual Property Advertising Advertising Contracts 113

LexBlog IP

MAY 19, 2023

This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. Parties : Consider the parties involved in the arrangement and ensure that the appropriate parties are reflected in any formal contracts.

Marketing 52

Marketing Marketing Contracts Branding 52

Copyright Lately

OCTOBER 25, 2021

Here are some of the greatest copyright horror stories, featuring such classics as “Nightmare on Elm Street,” “Halloween,” “Dracula,” “Ghostbusters” and … a creepy McDonalds character? The only thing scarier than a slasher flick is a lawsuit. It’s Halloween time again! Skully Curly.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

The IPKat

MARCH 3, 2022

The IPKat is very happy to host the following blog post by Despoina Dimitrakopoulou and Simon Fritsch, addressing this eternal copyright question from the perspective of a German art and legal story. Wanting to make a statement, he hired an advertising company which hand-painted advertisement tabloids for cinemas.

Copyright 97

Copyright Art Copyright Law Graphic Design 97

The IPKat

DECEMBER 16, 2021

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. In January , the Court of Appeal in Nigeria in Morison Industries Plc V.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

Technology & Marketing Law Blog

JUNE 11, 2022

Apparently the “de minimis” defense to copyright infringement doesn’t exist at all in the 9th Circuit. Apple also seeks summary judgment on whether it can be held liable for copyright infringement for “making available”—as opposed to actually selling—the compositions. Wilmont Storage Services, LLC , No.

Copyright 112

Copyright Copying Copyright Infringement Copyright Law 112

Plagiarism Today

DECEMBER 7, 2022

I highlighted this in 2020 by paying a writer $10 to write an essay on the history of copyright , which they did in two days time with a reasonable amount of quality. Obviously, this will have major impacts, but there is some hope that the tools developed to combat contract cheating will also work here. New Tools, New Problems.

Plagiarism 241

Plagiarism Contracts Journalism Advertising 241

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. I am of the view that the copyright artist resale right should also apply to NFT digital art, meaning that when it is resold the original seller receives a percentage of the subsequent sale.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140