LexBlog IP

DECEMBER 21, 2021

Under copyright law in the 1940s, copyrights registered for an initial 28-year period, and that period could then be renewed for an additional 28 years with proper filings. Supreme Court precedent to sort of “reclaim” the copyright. Why then did the film turn into the Christmas classic we know today?

Copyright 40

Copyright Public Domain Derivative Work Intellectual Property 40

IPilogue

SEPTEMBER 13, 2022

Netflix argued that this is a direct violation of US copyright law , which provides that only copyright holders have the exclusive right to monetize and create derivative works of their IP. The song writing duo seemed to have crossed the line when they began profiting off the Bridgerton brand.

Social Media 105

Social Media Music Intellectual Property Content Creation 105

LexBlog IP

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. For more details on the topic of design and the metaverse in China see our previous blog post. Is this the same in the US and China?

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Originals” [7] : The Works at Issue. Goldsmith counterclaimed for copyright infringement.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

IPilogue

NOVEMBER 16, 2022

The doctrine of fair dealing in Canada has long played an important role in balancing the scales of copyright law from leaning too far in favour of copyright holders. The fair dealing exceptions recognize certain uses of protected works as benefitting society, and thereby safeguard those uses from findings of infringement.

Fair Use 59

Fair Use Derivative Work Copyright Copyright Law 59

Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. The post NFTs: New Frontiers for Trademarks appeared first on Global IP & Technology Law Blog.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Kluwer Copyright Blog

NOVEMBER 8, 2021

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Top 3 Kluwer Copyright Blog posts. ” Top 3 Kluwer Trademark Blog posts. here and here).

Blogging 52

Blogging Non-Fungible Tokens Law IP 52

Kluwer Copyright Blog

JULY 16, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works?

Blogging 52

Blogging Law IP Fair Use 52

Technology & Marketing Law Blog

JUNE 17, 2023

¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage.

Blogging 127

Blogging Licensing Privacy Copyright Notice 127

Technology & Marketing Law Blog

JANUARY 12, 2024

Instead of asserting copyright and trademark claims, they tried trespass to chattels. My angst-filled blog post on that ruling. In my prior blog post, I said: “Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? Fortunately, the status quo has been restored.

Copying 74

Copying Ownership Derivative Work Contracts 74

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright 138

Copyright Fair Use Copyright Law Law 138

JIPEL Copyright Blog

MARCH 21, 2022

ROMs which are possessed or distributed without the copyright holders’ permission likely violate copyright law in various ways. It is therefore possible that TOs would be liable for some form of secondary liability of copyright infringement. To play in an online tournament, players utilize their own ROMs.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

LexBlog IP

AUGUST 23, 2023

Whether one focuses on the word’s connotation of silliness or excitement, or maybe even anger , or analogizes to the raucous and rhymingly-named team from Savannah that makes up its own baseball rules , US copyright law is currently going a little “bananas.” ” Id. Morford , at 11. ” Id. Google] , 804 F.3d

Copyright 52

Copyright Art Copying Derivative Work 52

LexBlog IP

JULY 21, 2021

It can also mean as the proxy or substitute holder of rights here on earth because no spiritual being will receive a copyright certificate, trademark registrations, or letters patent. So a lot is implied in, or possible from, the title ( as is often my intent on this blog ). This blog piece looks beyond the U.S. copyright law.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Under the 1976 Copyright Act, copyright subsists automatically in any “original work of authorship” that is “fixed in any tangible medium of expression.” [ 17 U.S.C. Complaint ¶ 64] In the alternative, Trump pleads that he owns the copyright only in his responses to Woodward’s questions. Ashcroft , 537 U.S.

Copyright 119

Copyright Blogging Publishing Fair Use 119