The IPKat

NOVEMBER 22, 2022

Last week the media reported (see here ) that the Commercial Court Number 9 of Barcelona has issued a decision on the precautionary measures filed by VEGAP, the sole copyright collecting society which in Spain represents authors of artworks against the well-known Spanish fashion brand. Obviously, the response of rightholders was immediate.

Artistic Work 144

Artistic Work Artwork Public Domain Intellectual Property 144

IP and Legal Filings

SEPTEMBER 12, 2022

The primary goal of copyright law is to safeguard the interests of creators of original, publishable works. The purpose of copyright protection is to make sure that the artist reaps the rewards of creating their original work and that no one else benefits unfairly from it. The Copyrights Act of 1957 regulates copyright law in India.

Art 52

Art Copyright Artistic Work Public Domain 52

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. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

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

The IPKat

OCTOBER 11, 2022

Besides the case of unofficial tickets, in the past the Italian state has relied on the CHC to prevent commercial advertisements of rifles in which Michelangelo’s David was portrayed in full armour. The answer is in the negative for two reasons.

Artwork 143

Artwork Public Domain Moral Rights Art 143

TorrentFreak

DECEMBER 1, 2023

Six causes of action including copyright infringement, trafficking in circumvention devices contrary to the DMCA, trademark violations, and unfair competition, encouraged three defendants to settle with Bungie. From: TF , for the latest news on copyright battles, piracy and more.

Public Domain 112

Public Domain Copyright Infringement Privacy Reporting 112

The TTABlog

DECEMBER 13, 2022

The court began with the issue of functionality, finding that "[u]tility patents disclose, and some claim, the features of TBL's applied-for design, and TBL's own advertising touts the functional benefits the features." Most of the issued patents cited in this brief have expired, meaning that the disclosed features are in the public domain.

Designs 96

Designs Design Advertising Advertising 96

Kluwer Copyright Blog

APRIL 5, 2023

Opposing the claimants’ arguments, Ravensburger challenged the cross-border application of Italian law, alleging that the claims conflict with article 14 of Copyright Directive in the Digital Single Market (CDSM) Directive since they attempt to unlawfully impose property assertions on public domain works. 633/1941, l.

Public Domain 98

Public Domain Copyright Law Artwork 98

Technology & Marketing Law Blog

DECEMBER 27, 2023

Another troubling ruling for an Internet access provider trying to shake a contributory copyright claim based on user-caused copyright infringement. 11, 2023): Time and again we have declared that “prevailing defendants in copyright cases are presumptively entitled (and strongly so) to recover attorney fees.” 22-1641 (7th Cir.

IP 74

IP Advertising Advertising Copyright 74

TorrentFreak

DECEMBER 7, 2021

However, the volume of copyright claims sent to its sister site YouTube has remained a mystery. Yesterday, YouTube released its first-ever copyright transparency report which provides an in-depth overview of how many ‘infringements’ are reported on the platform. Webform, Copyright Match, and Content ID.

Reporting 125

Reporting Public Domain Copyright Advertising 125

Kluwer Copyright Blog

APRIL 29, 2024

Image via Staatliche Museen, Berlin, Gemäldegalerie / Christoph Schmidt Public Domain Mark 1.0 In this context of international and EU legal obligations to protect cultural rights, the EU has set a legal imperative to protect the public domain.

Public Domain 128

Public Domain Artwork Copyright Marketing 128

Technology & Marketing Law Blog

AUGUST 2, 2023

Do these creations belong to the artists or the public domain? Do creators who use generative AI maintain copyright in their creations? Copyright Office took a stance against generative-AI works, cancelling a copyright claim by author Kris Kashtanova for comic book images made with the aid of Midjourney.

Artwork 96

Artwork Blogging Art Copyright 96

TorrentFreak

AUGUST 7, 2022

At the other end of the market, cutting costs to maximize slender advertising revenues appears to be more important than a glossy user experience. In addition to channel sources and analytics accounts, advertising affiliates are shared across multiple domains. Court Filing Targets Streaming Sites.

Public Domain 132

Public Domain Advertising Advertising Copying 132

Technology & Marketing Law Blog

MAY 13, 2024

. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern. Need for Protection of Personal Names through IPR Celebrities commonly demand a licensing fee for the utilization of their name, image, or other distinctive attributes in advertising or merchandising endeavours.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

43(B)log

OCTOBER 4, 2021

Restellini alleged copyright infringement and related claims in connection with WPI’s digitization of certain material about the artist Amodeo Modigliani. WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising.

False Advertising 59

False Advertising Artwork IP Advertising 59

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

Kashishipr

MAY 25, 2021

Copyright and Blogs. Copyright is a legal protection afforded to an original, creative literary, musical, or artistic work. However, the content must reflect an expression of something since ideas are not governed under copyright. Therefore, it is always an option to copyright the entire blog.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

Technology & Marketing Law Blog

DECEMBER 15, 2021

A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. The DMCA’s main counterbalance to copyright owner overreach was supposed to be 512(f).

Registration 113

Registration Fair Use Copyright Designs 113

SpicyIP

NOVEMBER 15, 2022

Congress and the KGF 2 Copyright Dispute: Ex-Parte Injunctions, Fair Dealing, and Blocking Orders. The High Court also noted that merely because the impugned mark’s advertisement occurred in Delhi, the courts of Delhi will not become eligible to adjudicate on the dispute. Comedian Vir Das, Netflix booked for copyright infringement.

Trademark 105

Trademark Patent Copyright Designs 105

LexBlog IP

FEBRUARY 28, 2022

6] The Supreme Court’s ruling on that petition—and a possible eventual decision on the merits—could have enormous implications for the art world and other industries impacted by copyright law. Goldsmith counterclaimed for copyright infringement. Originals” [7] : The Works at Issue.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

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 84

Copyright Public Domain Copying Publishing 84

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 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

Kluwer Copyright Blog

NOVEMBER 20, 2022

We have an artwork, displayed in a museum and which is in the public domain. However, no fees shall be paid for certain specific uses, such as in the case of personal use, use for study purposes or public entities’ use with the aim of enhancing the assets themselves. This is exactly the case here. Second, Art.

Artwork 55

Artwork Public Domain Art Copyright 55

SpicyIP

MARCH 15, 2022

In 2019, the European Union (EU) has introduced the Press publishers’ rights under Article 15 of the Directive on Copyright in the Digital Single (CDMA) with an intention to redistribute the inequitable distribution of digital advertising revenue between the news media and information society service providers.

Publishing 105

Publishing Marketing Marketing Advertising 105

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. Both suits were filed before the 2012 amendment to the Copyright Act. The Indian Performing Right Society Limited (IPRS) v. Piyush Subhashbhai Ranipa v.

IP 143

IP Intellectual Property Copyright Trademark 143

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

APRIL 17, 2023

Furthermore, the court also observed that the plaintiff has alleged that the defendant has infringed the copyright in its drawing however, prima facie the defendants were able to establish that these drawings are a part of the public domain and thus no exclusivity lies over them.

Advertising 105

Advertising Advertising Confidentiality Trademark 105

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. Monbo’s right of publicity claim was both expressly and impliedly preempted because it focused on use of his image in works covered by plaintiffs’ copyright claim.

Fair Use 52

Fair Use Trademark Copyright Editing 52

LexBlog IP

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

Kluwer Copyright Blog

MARCH 28, 2023

Niklas Jansson, Public domain, via Wikimedia Commons On 30 December 2022, the Italian Supreme Court ( Corte di Cassazione ) issued an order that intervened again on the interpretation of the quotation exception under Article 70 of the Italian Copyright Act ( l. 633/1941 , l.aut.). 102-nonies (2) l.aut.,

Copyright 62

Copyright Intellectual Property Copyright Law Art 62

43(B)log

JUNE 24, 2022

Typically D argues that I’m using the term in mere advertising copy/not in a TM space. Ramsey: BB is interesting because they used a public domain image on the shirt. 1A and © public domain seem to answer the market definition Q. O2 Holdings/comparative advertising. TM use doesn’t have to be about source.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

TorrentFreak

APRIL 13, 2024

And what if we could freely use the photos from that site because they’re all in the public domain? There are no strings attached as all photos are in the public domain. AI-generated public domain photos A service like this isn’t of much use to people who aim to generate completely custom images or photos.

Music 123

Music Public Domain Copyright Social Media 123

LexBlog IP

JANUARY 10, 2024

That then plays off the rest of the title’s allusions to separating “subjects” from the “predicates” of copyright ownership, themselves words connoting the foundational elements of both “ any complete sentence ” and at times a court’s jurisdiction over infringement matters. §§101, 105.

Ownership 52

Ownership Copyright Government Intellectual Property 52