Nelligan Law

FEBRUARY 20, 2024

As tattoo artists draw inspiration from a plethora of sources, ranging from classical art to pop culture icons, questions of ownership, originality, and copyright infringement have commandeered the spotlight in the tattooing arena. At the crux of both cases lies the conundrum of copyright ownership and infringement.

Copyright 79

Copyright Fair Use Copyright Law Settlement 79

IP and Legal Filings

OCTOBER 12, 2023

Introduction India has a rich culinary legacy, in recent times, the growth of Indian cuisine has seen a tremendous commercial surge both domestically and internationally which has led to an increased need for the protection of recipes to ensure their authenticity and provide ownership rights to the actual creator of the recipe.

Copyright 89

Copyright Intellectual Property Ownership Fair Use 89

IP Tech Blog

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. Ownership and Enforcement.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Based solely on the complaint that was filed, there are six major issues raised by the case: First, were the recorded interviews a copyright-eligible “work of authorship”? Second, if so, who is the initial owner of the copyright(s)? Third, is Trump’s claim of ownership barred by 17 U.S.C.

Copyright 119

Copyright Blogging Publishing Fair Use 119

IIPRD

FEBRUARY 6, 2024

While trademarks protect movie titles, important characters, and other film components, copyright protects content from infringement and recognizes the rights of authors. But as the sector grows, so does the problem of intellectual property rights infringement, cybercrimes, copyright infringement , and trademark infringement.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

IPilogue

JUNE 13, 2022

Copyright law provides recourse to authors who feel their work has been minted into an NFT without permission, but as copyright attorney Nelson Rosario cautions, “IP considerations get very complex very quickly.” What Can Artists Do When Someone Else Mints their Work into an NFT?

Non-Fungible Tokens 125

Non-Fungible Tokens Art Due Diligence Social Media 125

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

Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Tricky Tattoo copyright is also essential for safeguarding the artistic integrity and ownership of these unique body art creations. The genesis of copyright as an established legal right can be traced back to England, 1710 where the first copyright law— the Statute of Anne was established.

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

IPilogue

NOVEMBER 30, 2021

In May 2021, a phenomenal IPilogue submission by Keir Strickland-Murphy (Osgoode Law ‘22) touched on the recent boom of Non- fungible Tokens. In this piece, I will recapitulate Strickland- Murphy’s exploration of IP ownership of Non-fungible Tokens and expand on recent developments since May. What about copyright infringement?

Non-Fungible Tokens 111

Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

LexBlog IP

APRIL 28, 2023

However, there are legal concerns associated with using AI to generate content, like this blog article, which was created in part through the assistance of ChatSonic AI. One of the primary legal concerns is related to copyright – both in terms of protecting the work generated and the concern of infringing someone else’s work.

Content Creation 52

Content Creation Plagiarism Blogging Ownership 52

SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. Her previous posts on the blog can be viewed here , here , here and here.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

CopyrightsWorld

MARCH 30, 2021

The second one is to get ownership of their copyright, know their rights under the copyright laws and how to protect them. According to the copyright laws, a work that has required significant mental activity to create, and is, therefore, considered original, automatically becomes its creator’s intellectual property.

Copyright 74

Copyright Ownership Intellectual Property Blogging 74

Biswajit Sarkar Copyright Blog

JULY 21, 2023

In other words, it gives the copyright owner the exclusive right to make copies of the work, and to exercise the ancillary rights that come with that monopolistic power, such as licensing rights, et cetera. However, that is sometimes not enough to avoid infringement, which is where registration comes in.

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Ad-hear to the Law: My Top Ten IP-Related Podcast Episodes by Claire Wortsman. Is GitHub’s New Feature a Copyright Infringer? Copyright Law. David Vaver. By Claire Wortsman.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Intepat

JUNE 15, 2023

This not only aims to prevent others from infringing their IP rights but also ensures that unauthorized individuals do not profit from their hard work. Hence, the purpose of this blog is to delve into the significance of copyright protection, the limits of protection and the remedies against infringement.

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

Biswajit Sarkar Copyright Blog

MAY 30, 2022

For instance, a seller could offer to turn the token into an actual transfer of copyright ownership of the original work. At this stage, it is however, hard to say whether a transfer of rights through NFTs would comply with the legal formalities required to transfer ownership under the copyright law.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

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. Ownership and Enforcement.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Kashishipr

JULY 6, 2022

If you fail to do so, you shall end up finding yourself in big trouble like Copyright Infringement. Here in this article, we shall be thoroughly discussing Copyright Protection in the Indian music industry. We shall answer a few questions, including: How is copyright protection applicable to the music industry?

Music 59

Music Copyright Intellectual Property Copyright Infringement 59

Kluwer Copyright Blog

JULY 20, 2022

Since the underlying asset in NFTs is primarily art, disputes in relation to NFTs bring up interesting questions pertaining to copyright law, the answers to which have the potential to shape the evolution and growth of NFTs as a medium to create, distribute and collect art. The Right to Create and Sell NFTs.

Copyright 133

Copyright Copying Non-Fungible Tokens Copyright Law 133

Technology & Marketing Law Blog

MAY 15, 2024

2020), the Second Circuit purported to reaffirm that “the discovery rule applies for statute of limitations purposes in determining when a copyright infringement claim accrues under the Copyright Act.” In 2018, following his second prison stint, Nealy sued Warner Chappell for copyright infringement. 3d 39 (2d Cir.

Music 77

Music Blogging Copyright Ownership 77

Biswajit Sarkar Copyright Blog

AUGUST 3, 2023

The copyright comes into existence automatically as soon as the original work is created. But, by registering copyright, additional benefits and stronger legal protection can be achieved in case of any copyright infringement. This certificate confirms the registration of the work and the copyright protection it enjoys.

Registration 52

Registration Copyright Artistic Work Ownership 52

JIPEL Copyright Blog

MARCH 29, 2022

Along with these evolutions in the digital space, forms of investment and ownership are also advancing to make use of these technologies. Essentially, an NFT is a digital token that can serve as a certificate of ownership. Today’s digital world is evolving constantly and at extraordinary speeds.

IP 40

IP Non-Fungible Tokens Ownership Copyright Infringement 40

SpicyIP

OCTOBER 6, 2023

The Delhi High Court recently in Humans of Bombay v People of India granted an interim relief to ‘Humans of Bombay’ (HoB) by issuing a notice to ‘People of India’ (PoI) (both being social media pages) for alleged copyright infringement and ‘replication of HoB’s business model’ including the stories and thus creating an imitative platform.

Ownership 105

Ownership Business Copyright Copyright Infringement 105

IPilogue

NOVEMBER 15, 2021

Dorland’s copyright infringement claims were allowed, while her claim for intentional infliction of emotional distress was denied.? . In order to prove copyright infringement , Ms. Dorland will need to show: (1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original.

Art 105

Art Copyright Infringement Copyright Copying 105

Biswajit Sarkar Copyright Blog

MAY 30, 2022

For instance, a seller could offer to turn the token into an actual transfer of copyright ownership of the original work. At this stage, it is however, hard to say whether a transfer of rights through NFTs would comply with the legal formalities required to transfer ownership under the copyright law.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

Garrigues Blog

DECEMBER 14, 2021

The tension between freedom of expression and copyright protection has lately been one of the hottest topics in EU and Portuguese copyright laws. Nobody questions the fact that IP laws need to be enforced on the internet.

Copyright 52

Copyright Related Rights Ownership Copyright Infringement 52

IPilogue

FEBRUARY 21, 2022

The scholars acknowledged the government’s commitment to “keep pace” with technological developments in AI while protecting the public interest through Federal statute (the Copyright Act ). Authorship and Ownership of Works Generated by AI.

Government 111

Government Copyright IP Intellectual Property 111

Kluwer Copyright Blog

JUNE 9, 2022

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. The first part of this post briefly discussed the concept of bias and examined the role of property rights in data and factual information, with a focus on copyright. The authors are grateful to Prof.

Technology 96

Technology Marketing Marketing Copyright 96

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals.

IP 124

IP Copyright Trademark Intellectual Property 124

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

The IPKat

FEBRUARY 3, 2023

Within days, stock image supplier Getty Images announced that it was one of the “folks” who disagreed – and disagreed so strongly that it had commenced legal proceedings in the High Court in London alleging copyright infringement. This blog post speculates on the issues that may arise in that litigation and other similar cases.

Litigation 143

Litigation Copying Copyright Designs 143

LexBlog IP

JANUARY 5, 2022

994 (2020) , a decision holding that the sovereign immunity of individual states prevented a copyright holder from recovering damages for infringement, I was a bit disheartened. 2d 588 (1985) (“Section 106 of the Copyright Act confers a bundle of exclusive rights to the owner of the copyright.”);

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

Technology & Marketing Law Blog

MARCH 29, 2023

It took eight months, but the ownership question of the photographs has been settled. However, it is not what I expected for the first case to be finally determined: Section 512(f) and an ownership dispute between former business partners. Conclusion One case related to ownership and Section 512. It seems like it did.

Blogging 95

Blogging Fair Use Copyright Copyright Notice 95

LexBlog IP

DECEMBER 3, 2021

While a brand owner can go after an infringing domain name using the Uniform Dispute Resolution Policy (“UDRP”), the UDRP does not have a mechanism to immediately take down a counterfeit website. [4] Using Copyright Law to Fight Fakes. Copyright law also provides an avenue of protection for brand owners.

Branding 52

Branding Brands Branding Intellectual Property 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

JANUARY 12, 2024

Instead of asserting copyright and trademark claims, they tried trespass to chattels. My angst-filled blog post on that ruling. ” Domain names are also intangible, as are the records documenting domain name ownership, yet the court held they were capable of being converted. Fortunately, the status quo has been restored.

Copying 75

Copying Ownership Derivative Work Contracts 75

SpicyIP

JANUARY 2, 2022

Sonal Infosystems the Court held that registration of a copyright is a pre-condition for claiming relief for copyright infringement, thus reading into the legislative framework a non-existent requirement. The significance of the report and its issues have been extensively covered on the blog here.

IP 143

IP Intellectual Property Copyright Trademark 143