IPilogue
OCTOBER 26, 2022
The Code of the Cultural and Landscape Heritage’s legal force is separate from copyright laws and remains in effect when copyright protection does not. Photo Credits: The Fashion Law ; Jean Paul Gaultier ). The Birth of Venus is in the public domain because it was created by Botticelli in the mid-1480s.
Technology & Marketing Law Blog
MAY 13, 2024
. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.
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The IPKat
JULY 22, 2021
Katfriend Dr Sabine Jacques , Associate Professor in IP, IT & Media law at the University of East Anglia and author of The Parody Exception in Copyright Law (OUP 2019), provides the follow review of The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity – by Martin Senftleben.
Technology & Marketing Law Blog
DECEMBER 13, 2023
At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.
Trademark and Copyright Law Blog
MAY 8, 2020
(“PRO”), a nonprofit organization dedicated to facilitating public access to government records and legal materials, posted the OCGA online and distributed copies to various organizations and Georgia officials. After several cease-and-desist demands, the Commission filed suit against PRO for infringing its copyright in the annotations.
Copyright Lately
AUGUST 2, 2022
Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page. Frankly, if Barlow & Bear’s work doesn’t infringe Netflix’s exclusive right to create derivative works under copyright law, I’m not sure what would. Even better, it’s in the public domain.
The IP Law Blog
JANUARY 12, 2023
When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc.
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