Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. ” Notice how this legal standard skips a step in the publication process, because it was likely not the initial authors/publishers who submitted the yearbooks to PeopleConnect. Ancestry , Knapke v.

Advertising 90

Advertising Advertising Social Media Blogging 90

IPilogue

JANUARY 17, 2022

Already, versions of the beloved teddy bear are making rounds on social media , with celebrity Ryan Reynolds even introducing his own “Winnie-the-Screwed” book in an ad for Mint Mobile. generally subsists for 70 years after the death of the author or 95 years after first publication for works-for-hire. public domain.

Public Domain 106

Public Domain Intellectual Property Copyright Social Media 106

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. Thus, the issue of uniqueness is raised.

Art 52

Art Copyright Artistic Work Public Domain 52

SpicyIP

JULY 5, 2021

I argue that rewarding knowledge production and creative effort itself through maximising commercial advantage via exclusive rights are incentives that do not apply to government works whose primary motivation for creation is public dissemination. The Bombay High Court in Hindustan Unilever Ltd v.

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

Velocity of Content

MARCH 22, 2023

Taking each of these clauses in turn — Life of the Author Plus 70 : In the case of a work by a single, known author (i.e., a creator, a natural person), published from 1978 on, the copyright will last while that author is alive plus an additional 70 years. These provisions also cover works left unpublished at the death of their author.

Copyright 98

Copyright Publishing Social Media Artistic Work 98

The IPKat

APRIL 18, 2022

Artist Four Tet took to social media to announce that its record label, Domino, had requested his music be removed from streaming platforms, amidst a legal dispute over royalties. In the latest hearing between the parties, Four Tet applied to amend the particulars of the dispute to include Domino’s recent behaviour.

Contracts 96

Contracts Music Copyright Copyright Infringement 96

43(B)log

FEBRUARY 19, 2022

This compromise explains an otherwise surprising feature of the cases: Political speakers and religious speakers can often expect worse outcomes than “commercial” publishers engaged in noncommercial speech, given the kinds of cases brought against them. What do we do with that? What to do next?

Trademark Law 72

Trademark Law Trademark Art Branding 72

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

SpicyIP

NOVEMBER 19, 2023

Here are our summaries of the blog posts published last week along with the summaries of some interesting orders from different courts. vs Acko General Insurance on 10 November, 2023 (Delhi High Court) The dispute pertains to the use of the plaintiff’s artistic work “Humanity” by the defendant in one of its advertisement hoardings.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

SpicyIP

OCTOBER 1, 2023

A postcard can be taken either as a literary work or an artistic work under sections 2(c) and 2(o) respectively of the Copyright Act, 1957. These vintage picture postcards, if original, are works in which copyright subsists ( section 13 of the Copyright Act, 1957 ). Fans, starved for glimpses of their idols.

Personality Rights 111

Personality Rights Non-Fungible Tokens Copyright Social Media 111

Technology & Marketing Law Blog

JUNE 21, 2023

As noted by Professor Jake Linford , the examples used by the Court when it discusses application of the Rogers test focus on uses in the title or content of artistic works (not on T-shirts).

Trademark 99

Trademark Blogging Trademark Law Fair Use 99

43(B)log

OCTOBER 4, 2021

30, 2021) Plaintiff Daniel Abrahams formerly contracted with a publisher to author a series related to the Fair Labor Standards Act. The publisher sold the publication rights and they ended up in the hands of an entity that allegedly refused to pay him any fees or royalties but continued sell his publications. 19-3009 (RDM) (D.D.C.

IP 94

IP Trademark Advertising Advertising 94