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[Guest Post] Long walk to copyright reform #9: The Copyright Amendment Bill ensures fair remuneration for South African creators and performers

The IPKat

The CAB contains stipulations that will ensure equitable remuneration and fair share in royalties for creators of literary, musical and artistic works as well as performers of audio-visual works (clauses 5, 7, 8 and 9 of the CAB). Indeed, the CAB lives up to its core objectives as set out in its long title.

Copyright 132
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Geographical Indications and the Versailles Peace Treaty of 1919: Then and Now

The IPKat

The treaty regulated post-war settlement with Germany, requiring it to disarm, pay reparations, and make territorial concessions. This concerned cases of confiscation and of compulsory licensing of German-owned IP rights. However, they never formally withdrew from either of the conventions.

Art 130
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California Supreme Court reaffirms strict liability for false advertising in Serova

43(B)log

18, 2022) Not bound by Article III, the California Supreme Court issued a ruling despite the parties’ settlement. Not all marketing of artistic works is noncommercial speech. Sony Music Entertainment, P.3d 3d -, 2022 WL 3453395, S260736 (Cal. And there was no evidence of a chilling effect from allowing false advertising claims.

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IP and NFTs: Where are We?

LexBlog IP

Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? On September 8, 2022, the parties filed a notice of settlement. In his motion, Rothschild argued that he used “MetaBirkins” as a title to an artistic work as opposed to a source-identifying trademark.

IP 52
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SpicyIP Weekly Review (March 4-March 10)

SpicyIP

The Court also took note of the defendant’s applications for identical trademark and artistic work, despite the plaintiff’s prior registrations for lack of bona fides. The defendants had five licenses for the plaintiff’s Nuke software, which expired on September 20, 2020.

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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

Specifically, when a derivative work is created pursuant to a statutory exception, then the derivative work is prepared “lawfully,” even though the artist who created the derivative did not get a license or other permission from the owner of the copyright in the underlying work. Figure 1, Slip op.

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SpicyIP Weekly Review (February 05- February 11)

SpicyIP

They filed a suit alleging copyright and trademark infringement against the defendant after discovering that they were selling household products under the name, ‘SUFIYAMA’, using a similar trade dress and artistic work.

Trademark 103