Copyright Lately

APRIL 30, 2021

Nineties grunge-rock band Nirvana, already embroiled in a long-running legal battle against fashion company Marc Jacobs over its “happy face” t-shirt designs , now finds itself on the less happy end of a new copyright infringement lawsuit worthy of Dante’s trip through the underworld. without a copyright notice.

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The IPKat

DECEMBER 31, 2023

This week’s big IP news is the New York Times suing OpenAI and Microsoft for copyright infringement, trademark dilution and other violations of existing laws. As with most current cases related to AI’s copyright infringement, this one will most likely result in the issuance of a landmark ruling. Microsoft Corp.,

Intellectual Property 70

Intellectual Property Intellectual Property Law Public Domain Copyright Infringement 70

The IPKat

JANUARY 30, 2022

PermaKat Neil Wilkof commented on the reproduction of the work of art " Detail from the Portrait of Eugénie-Pamela Larivière" (which is in the public domain) by Louis Larivière in the Louvre, Paris" on a book cover. Reminder: last call to vote for your best IP book of 2021 by participating in the poll here !

Moral Rights 76

Moral Rights Database Right Designs Design 76

Kluwer Copyright Blog

DECEMBER 17, 2023

For the last few months, I have been wondering if our belief in “fair dealing” (or broadly, “limitations and exceptions”) has silently slipped into our “faith” in it – a faith that demands complete surrender to it while blinding us to the harm it covertly causes to the public domain. Read Section 2(iii) of the Indian Copyright Act ).

Fair Use 60

Fair Use Public Domain Copyright Litigation 60

Biswajit Sarkar Copyright Blog

AUGUST 3, 2023

But, by registering copyright, additional benefits and stronger legal protection can be achieved in case of any copyright infringement. Copyright registration in India ensures protection for various types of works, such as literary works (e.g., books, articles, poems), artistic works (e.g.,

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Registration Copyright Artistic Work Ownership 52

Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v.

Fair Use 103

Fair Use Copyright Law Copyright Law 103

Technology & Marketing Law Blog

DECEMBER 27, 2023

Another troubling ruling for an Internet access provider trying to shake a contributory copyright claim based on user-caused copyright infringement. 11, 2023): Time and again we have declared that “prevailing defendants in copyright cases are presumptively entitled (and strongly so) to recover attorney fees.”

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IP Advertising Advertising Copyright 72

IP and Legal Filings

MAY 13, 2024

[Image Sources: Shutterstock] Basic understanding of Copyright Copyright is a legal theory that provides artists complete ownership over their creative works, preventing unauthorised use and copying.

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Copyright Intellectual Property Ownership Technology 67

SpicyIP

NOVEMBER 10, 2023

First , the amendment seeks to create an artificial distinction between Piracy and Copyright Act. Lokesh, points out here, that the Act avoids defining ‘Piracy’, which normally means copyright infringement. Traditionally, as Prashant Reddy T. 243 of ‘ Create Copy or Disrupt ( here). 239 of this ).

Copying 52

Copying Copyright Copyright Infringement Fair Use 52

Kluwer Copyright Blog

OCTOBER 17, 2023

In a nutshell, generative AI raises two main copyright issues that branch off into further sub-problems which in turn intercept (if not collide with) some fundamental rights, especially freedom of artistic expression, freedom of art and science and the right to science and culture (Arts. 11 and 13 EUCFR , 19 UDHR , 27.1 UDHR, and 15.1

Copyright 124

Copyright Art Copyright Law Licensing 124

Art Law Journal

JUNE 30, 2022

Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. Copyright only protects: original works of authorship fixed in a tangible medium. For example, anybody can publish a book about three teenagers who solve magical mysteries at a wizarding school.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. Fan sites prompted by a book or film, for example, may benefit the copyright owner.

Music 104

Music Derivative Work Fair Use Cease and Desist 104

Art Law Journal

JUNE 30, 2022

Copyright is the type of IP most often associated with artistic works like fine art, movies, or books. Copyright only protects: original works of authorship fixed in a tangible medium. For example, anybody can publish a book about three teenagers who solve magical mysteries at a wizarding school. Your Copy-Rights.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Copyright Lately

APRIL 3, 2023

book publishers, rejecting the Internet Archive’s argument that its practice of scanning and lending digital copies of books qualifies as fair use under the Copyright Act. Once the loan period expires, the electronic book is “returned” to the library and becomes inaccessible to the person who checked it out.

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Fair Use Copying Publishing Copyright 69

LexBlog IP

FEBRUARY 28, 2022

In 2017, the Warhol Foundation sued Goldsmith and her agency for a declaratory judgment that the Prince Series works are non-infringing or, in the alternative, that they constitute a fair use of the Prince Photograph. Goldsmith counterclaimed for copyright infringement. Goldsmith , 11 F.4th Bridgeman Art Libr., Corel Corp. ,

Fair Use 97

Fair Use Derivative Work Art Licensing 97

IP and Legal Filings

MAY 3, 2024

However, registering a work with a copyright office can provide additional benefits, such as the ability to pursue legal action against infringers. Copyright protection generally lasts for the lifetime of the creator and for several years after his death.

Fair Use 91

Fair Use Copyright Privacy Copying 91

SpicyIP

NOVEMBER 15, 2022

The Court, however, disagreed with the Defendant’s argument holding that there was no information available in the public domain for the Plaintiff to reach at the above conclusion regarding relations between the Defendants. 20 Lakh to Louis Vuitton in a Trademark infringement suit against Club Factory. Delhi High Court awarded

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Trademark Patent Copyright Designs 105

Copyright Lately

OCTOBER 25, 2021

You can always get drunk and order random stuff on Amazon curl up with a scary book or Halloween-themed movie, game or music video that’s found its way into copyright history. But Lewis thought the song was a rip-off of “I Want a New Drug” and asserted a copyright infringement claim against Columbia Pictures.

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Copyright Cinema Copying Copyright Infringement 144

IP and Legal Filings

MAY 3, 2023

Here, merely automated and mechanical work that lacks originality is also protected by the said copyright doctrine. For instance, in accordance with this doctrine, the author would be entitled to copyright protection if someone collected different poems that were previously in the public domain and produced in a single document.

Copyright 87

Copyright Public Domain Copying Publishing 87

IP and Legal Filings

JANUARY 22, 2024

The first codified statute dealing with copyright protection of printed books dates back to 1710, known as British Statute of Anne. As the world’s first copyright statute, it offered 14 years of legal protection for works published and 21 years of protection for works already in print. Parasuraman And Ors.,

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

IP Whiteboard

APRIL 15, 2021

4] The Court also granted partial summary judgment in respect of the copyright claim, [5] determining that the Mail Articles had indeed infringed upon the Duchess’ copyright. [6] 6] Despite this overall decision in respect of copyright infringement, the Court left one copyright issue to be fixed for determination at trial.

Privacy 40

Privacy Copyright Publishing Law 40

SpicyIP

MARCH 27, 2023

The Court allowed the application and permitted the plaintiff to place the additional documents on record as despite the documents being available in the public domain at the time of filing of the suit, the need for filing the aforesaid documents arose only on account of the stand taken by the defendants in the written statement.

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Designs Design Cease and Desist Art 105

Kluwer Copyright Blog

AUGUST 12, 2021

The so-called “conditional irresponsibility” of online content-sharing service providers (OCSSPs) with regards to copyright infringements is a never-ending, vexing, and daunting topic not only for scholars (see here , here , here and here ), but also for the European Court of Justice itself (CJEU). 147 ECL) and moral rights (art.

Copyright 103

Copyright Moral Rights Copyright Infringement Marketing 103

SpicyIP

MAY 22, 2022

Do you remember drawing in the corner of flip-books and watching it magically become an animated series when you flip the pages? Akira: ( emphatically ) In fact, if we think about it as a ‘means of production’, how do we account for the vast amount of knowledge that currently exists in the public domain and in the commons.

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IP Intellectual Property Public Domain Copyright 131

SpicyIP

APRIL 17, 2023

Furthermore, the court also observed that the plaintiff has alleged that the defendant has infringed the copyright in its drawing however, prima facie the defendants were able to establish that these drawings are a part of the public domain and thus no exclusivity lies over them. Case: M/s Mahavir PVC Cables Factory v.

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Technology & Marketing Law Blog

JUNE 20, 2023

(For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work. A “derivative work” is defined as a “a work based upon one or more preexisting works,” such as the movie version of a book, “or any other form in which a work may be recast, transformed, or adapted.”

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit potentially raises fundamental issues concerning freedom of speech and the right of journalists to publish sound recordings and transcripts of interviews of public officials, conducted on the record, with the admitted consent of the subject. 2d at 506-07; 202 F.3d

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Copyright Blogging Publishing Fair Use 119