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 91

Copyright Intellectual Property Ownership Fair Use 91

LexBlog IP

JANUARY 10, 2024

That then plays off the rest of the title’s allusions to separating “subjects” from the “predicates” of copyright ownership, themselves words connoting the foundational elements of both “ any complete sentence ” and at times a court’s jurisdiction over infringement matters. ’” Id.

Ownership 52

Ownership Copyright Government Intellectual Property 52

IPilogue

JUNE 21, 2022

This case has the potential to define the scope of trademark rights against unauthorized uses in the world of NFTs. NFTs are unique digital assets that are digital representations of ownership of real-world items. The Nike Suit. Recent Developments. This distinction may be StockX’s attempt to distinguish themselves from Hermès Int’l v.

Non-Fungible Tokens 116

Non-Fungible Tokens Ownership False Advertising Fair Use 116

Technology & Marketing Law Blog

MAY 27, 2023

” I sense the court was overwhelmed by the complexity of music licensing, where there are layers upon layers of agreements over the initial ownership of the work, subsequent ownership transfers, distribution licenses, designations of enforcement agents, and voluntary uploads of the works by one or more people in the chain.

Ownership 66

Ownership Licensing Copyright Fair Use 66

Technology & Marketing Law Blog

AUGUST 8, 2021

Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use. The Crony graphic also doesn’t qualify for fair use: Nature of Use. The court rejects Goodman’s motion to dismiss.

Fair Use 130

Fair Use Television Cease and Desist Copyright 130

Technology & Marketing Law Blog

JANUARY 25, 2023

Here’s an example of a subject photo from his complaint (which, based on this ruling, I’m now confident he can’t sue me for; plus fair use), with some pretty obvious photography flaws: His copyright claims raise a simple but troubling question: who owns the photos taken with his camera? As I joked (?) The complaint.

Copyright 124

Copyright Fair Use Licensing Ownership 124

Technology & Marketing Law Blog

APRIL 1, 2023

Construing these allegations as true and in Service’s favor, Service subjectively believed that he possessed an ownership interest and that he never approved the Comedy Dynamics deal. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership. Federici * Biosafe-One v.

Fair Use 103

Fair Use Cease and Desist Contracts Ownership 103

Technology & Marketing Law Blog

AUGUST 18, 2022

Start with my prior blog post. I’m simplifying a lot–see my prior blog post for the gory details). Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Weiner. * Fair Use – It’s the Law (for what it’s worth)–Lenz v.

Fair Use 104

Fair Use Cease and Desist Copyright Blogging 104

Technology & Marketing Law Blog

OCTOBER 4, 2022

[I’ll blog the Supreme Court’s cert grant in Gonzalez v. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici. * Biosafe-One v.

Cease and Desist 86

Cease and Desist Fair Use Copyright Blogging 86

TorrentFreak

MAY 26, 2023

Instagram was one of the recipients but, instead of taking immediate action, the platform asked for proof of ownership. The company responded to this correspondence with relevant ownership documents but, apparently, Instagram still wasn’t convinced. Alternatively, they may be classified as fair use.

Social Media 120

Social Media Copyright Infringement Ownership Fair Use 120

Technology & Marketing Law Blog

MARCH 6, 2022

“Plaintiff’s takedown letters and supporting document establish facially plausible claims of infringement, and Babybus does not allege a plausible basis for a fair use defense.” Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use 97

Fair Use Cease and Desist Copying Copyright Infringement 97

Technology & Marketing Law Blog

APRIL 29, 2023

Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

Fair Use 98

Fair Use Cease and Desist Copyright Trademark 98

Technology & Marketing Law Blog

JULY 5, 2022

Soon after, an entity called Bayside asserted copyright ownership of the photos and sent 512(c)(3) takedown notices to Twitter followed by a 512(h) subpoena to unmask CallMeMoneyBags. ” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ).

Fair Use 94

Fair Use Plagiarism Copyright Marketing 94

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Prior Posts on Section 512(f) * 512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Fair Use 65

Fair Use Cease and Desist Copyright Ownership 65

Technology & Marketing Law Blog

DECEMBER 5, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein. * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

Marketing 75

Marketing Marketing Cease and Desist Fair Use 75

Technology & Marketing Law Blog

MARCH 15, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein. * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

Copyright 128

Copyright Fair Use Cease and Desist Litigation 128

IPilogue

OCTOBER 1, 2022

Fischer found triable issues on substantial similarity and fair use. Kat Von D argues that the use of the photograph in creating the tattoo is fair use because the tattoo is transformative for three reasons. On May 31, 2022, Judge Dale S. Background. The decision on Kat Von D’s tattoo could be delayed until the U.

Copyright Infringement 130

Copyright Infringement Fair Use Art Copyright 130

IPilogue

NOVEMBER 30, 2022

Copyright laws should not stand between exposure to authenticity, but at the same time should not avoid dealing with illegal ownership claims.”. Dean Zemer explored the copyright principles of Fair Use, Orphan Works, and Perpetual Rights.

Art 106

Art Copyright Moral Rights Fair Use 106

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). But that is a matter for a different blog post.

Copyright 137

Copyright Fair Use Copyright Law Law 137

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. Once we have established that tattoos are artistic work and thus deserving of copyright protection, we are compelled to answer the original question of a tattoo’s ownership. In Alexander v.

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

Technology & Marketing Law Blog

NOVEMBER 21, 2021

However, when a user’s facial expressions or body movements are used to animate the emoji, it leaves open the obvious question about who owns the copyright(s) to the resulting animation, including whether there could be overlapping blocking copyrights or joint ownership. Marc Jacobs.

Copyright 118

Copyright Registration Fair Use Designs 118

Technology & Marketing Law Blog

DECEMBER 15, 2021

As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure. A few plaintiffs have won default judgments (including one I blog below). Some other 512(f) cases I’ve not previously blogged: * Paul Rudolph Foundation v. Diebold from 2004, which led to a $125k damages award.

Registration 112

Registration Fair Use Copyright Designs 112

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

Biswajit Sarkar Copyright Blog

JULY 21, 2023

Once we have established that tattoos are artistic work and thus deserving of copyright protection, we are compelled to answer the original question of a tattoo’s ownership. In such a scenario, the concept of copyright ownership has begun to emerge over the past few years, especially when celebrities have also joined the fray.

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52

SpicyIP

JULY 29, 2021

Historically, the exceptions for teaching, education and research have never been qualified by the nature of ownership of the institution where the use of the work is carried out. To put things in perspective, even the most IP-friendly jurisdiction of US in Cambridge v. According to the AISHE Report 2019-20, 66.3%

Copyright 119

Copyright Reporting Fair Use Copyright Law 119

Kluwer Copyright Blog

DECEMBER 14, 2022

The InfoSoc Directive’s non-mandatory exception for the “uses in connection with the repair or demonstration of equipment” suggests an avenue for enabling wider access to repair information. doctrine of fair use, iFixit and the Electronic Frontier Foundation (EFF) refused to take down the manuals and have since stood by their stance.

Copyright 102

Copyright Cease and Desist Fair Use Publishing 102

SpicyIP

MAY 18, 2022

Her previous posts on the blog can be viewed here, here , here , here and here. As is being argued in the Nike case, it may also be argued that virtual goods are nothing but a representation / proof of ownership of a physical product. Aparajita is a lawyer based in Bangalore. The views expressed in this post are personal.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Kluwer Copyright Blog

JUNE 9, 2022

In interpreting these provisions, the Commission’s Guidance (COM/2021/288 final) states that information is considered “relevant” if it is at least “accurate about the rights ownership of the particular work or subject matter in question”. This blog post is based on the EPIP2021 roundtable organised in Madrid (September 8-10, 2021).

Technology 96

Technology Marketing Marketing Copyright 96

SpicyIP

FEBRUARY 27, 2024

The question of ownership in the virtual world, particularly in video games, has long been debated. On the trademark side, relevant is this post by Bhavya Solanki and Medha Bhatt discussing the applicability of the fair use provisions of trademark law to the unauthorized use of trademarks in the virtual world.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

IIPRD

JANUARY 18, 2022

This blog presents an overview of what luxury fashion is doing with crypto technology in this feature, as well as what to expect as fashion moves forward into a tech-savvy future. Ownership of an NFT as a unique token must be distinguished from ownership of the material to which that NFT may be attached. What are NFTs?

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

JIPEL Copyright Blog

MARCH 16, 2022

Mr. Rothschild, in defense, calls himself an artist and alleges that he is protected by fair use, based on the precedents set forth by Rogers v. According to a statement from StockX, the NFTs would only represent proof of ownership of physical goods that customers can trade on their platform. Grimaldi and Dastar Corp.

Trademark 40

Trademark Non-Fungible Tokens Branding Brands 40

Technology & Marketing Law Blog

OCTOBER 19, 2021

The Kremen case involved the alleged theft of the sex.com domain name by improperly modifying the electronic records evidencing ownership of the domain name. Website owners can prevent the unauthorized reassignment of their ownership interests, such as someone trying to modify their copyright registration records. Implications.

Licensing 89

Licensing Copyright Contracts Advertising 89

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Miramax LLC v.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

LexBlog IP

JANUARY 5, 2022

26 , rejected the claim that taking away, or ignoring, the ability-to-control indicia of ownership amounts to a taking: Similarly, property rights, including copyright, have been described as ownership of a bundle of rights or interests. Worthy Argument (as defined in The Cockle Bur Blog ). Nation Enters., 539, 546, 105 S.Ct.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 124

IP Copyright Trademark Intellectual Property 124

JIPEL Copyright Blog

APRIL 13, 2022

Trendacosta’s article is just one example of criticism against the Content ID system.

Copyright 40

Copyright Public Domain Fair Use Ownership 40