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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

According to the explanatory memorandum to the CAB (p37), a key rationale for the Bill was to ensure that South African creators and performers “do not die as paupers due to ineffective protection” especially in view of the historical “power imbalance, vulnerabilities and abuse taking place in the music industry” in South Africa.

Copyright 132
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California Supreme Court reaffirms strict liability for false advertising in Serova

43(B)log

Sony Music Entertainment, P.3d 18, 2022) Not bound by Article III, the California Supreme Court issued a ruling despite the parties’ settlement. Serova bought Michael , “an album of music billed as Michael Jackson’s first posthumous release,” which promised “9 previously unreleased vocal tracks performed by” Jackson.

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IP and NFTs: Where are We?

LexBlog IP

On September 8, 2022, the parties filed a notice of settlement. January 2022: Rapper Lil Yachty (real name: Miles Parks McCollum) sues NFT seller Opulous for trademark infringement based on Opulous using his name and likeness as part of a “Lil Yachty NFT Collection” advertising access to his new music. Miramax, LLC v.

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. X wins copyright infringement case against 17 music publishers. Dr Reddy S Laboratories Limited vs Neutec Healthcare Pvt.

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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
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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

Acuff-Rose Music, Inc. , Thus, exploitation of a derivative work ordinarily requires the permission of both the owner of the copyright in the underlying work and the owner of the copyright in the derivative work. Acuff-Rose Music, Inc. , 569 (1994).

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USC IP year in review, TM/ROP

43(B)log

Question: is a political newsletter really artistic? One of the issues running underneath the disputes over Rogers is what courts means when they say there’s a special test for ‘expressive’ or ‘artisticworks. Of course, there are lots of expressive works that are purely commercial, like standard advertising.

IP 94