The IP Law Blog

AUGUST 25, 2022

District Court can exercise personal jurisdiction over a foreign defendant with regard to a copyright infringement suit. Lang Van is a California corporation that produces and distributes Vietnamese music and entertainment, owning the copyrights to thousands of songs and programs. law and, at the very least, affect U.S.

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98

Erik K Pelton

JULY 14, 2022

One is the contract with the individual or individuals doing the work who help create content; and two is the type of content that they create and where they get photos from, in particular. First, contracts. And that is a specific, important phrase in copyright law. Make sure you have proper contracts.

Social Media 147

Social Media Copyright Cease and Desist Contracts 147

Biswajit Sarkar Copyright Blog

JULY 19, 2022

What is copyright infringement? Unauthorized use of a work protected by copyright is referred to as copyright infringement. In this blog we will take a look at best practices to avoid copyright infringement. In this blog we will take a look at best practices to avoid copyright infringement.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

Kluwer Copyright Blog

JUNE 19, 2023

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. Assignment The copyright owner may transfer the entirety of the copyright in the work to the purchaser by assignment.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

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

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. But fair use isn’t a defense to a breach of contract claim.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Although privacy invasion has been the main topic of discussion in this virtual context, there is another issue at hand: copyright infringement. The rights of speakers, organisers, and participants under Indian copyright law will be discussed in this Article, which will explore copyright concerns connected to webinars.

Fair Use 52

Fair Use Ownership Copyright Licensing 52

TorrentFreak

SEPTEMBER 22, 2022

Every time he signed back up he breached Bungie’s Limited Software License Agreement (LSLA), Bungie said. Bungie calls this ‘cheat software” and according to Mann, the company has been trying to “shoehorn” its use into a recognized cause of action, such as copyright infringement and/or breach of contract.

Copyright Infringement 121

Copyright Infringement Contracts Licensing Copyright 121

TorrentFreak

DECEMBER 19, 2022

Fraud has been the key charge in several big UK piracy cases over the last few years, despite the key offenses having a direct link to copyright law. “These provisions may include breach of contractual terms, fraud or secondary copyright infringement depending on the circumstances.” Other Legal Options.

Intellectual Property 145

Intellectual Property Contracts Government Copyright Law 145

Copyright Lately

APRIL 6, 2024

A federal court has shot down a copyright infringement lawsuit claiming that Top Gun: Maverick flew too close to a 1983 magazine article that inspired the original film.

Copyright 93

Copyright Copyright Infringement Social Media Licensing 93

Technology & Marketing Law Blog

JUNE 2, 2022

Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. The defense argued that a requirement to obtain copyright licenses conflicts with the norms in the tattoo artist community. Background.

Copyright 142

Copyright Social Media Fair Use Licensing 142

Plagiarism Today

AUGUST 2, 2022

However, those familiar with copyright law, immediately began to point out flaws in the plan. Though some artists did manage to capitalize, NFTs quickly became a haven for selling pirated and infringing works. For example, blockchain could be used to record that someone obtained a license to use a song in a video.

Copyright 232

Copyright Non-Fungible Tokens Technology Plagiarism 232

Kluwer Copyright Blog

DECEMBER 8, 2022

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. Current EU copyright framework. Legislative Initiatives.

Copyright 107

Copyright Ownership Journalism Publishing 107

Kluwer Copyright Blog

APRIL 18, 2023

The limitation on the use of Meta’s libraries occurred after the tech behemoth and the Italian copyright collecting society for authors and editors (“Società Italiana degli Autori ed Editori”, “SIAE”) came to an impasse during the renewal of the license agreement for the exploitation of the Italian repertoire. In particular, Art.

Music 98

Music Art Licensing Copyright 98

IPilogue

NOVEMBER 30, 2021

The sale of an NFT also includes a smart contract. Therefore, the purchaser of an NFT will only receive the underlying copyright when the smart contract accompanying the NFT expresses this. What about copyright infringement? An NFT seller must hold a copyright in the image associated with the NFT they are selling.

Non-Fungible Tokens 111

Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

LexBlog IP

NOVEMBER 28, 2023

Meme Culture Meets Copyright Law: A Guide for Businesses & Creators Memes, often humorous media fragments that spread rapidly through online sharing, are a global phenomenon that have made their way into mainstream culture. All meme-like images in this article are properly licensed. Are Memes Dangerous? Yes and no.

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

IP and Legal Filings

JULY 21, 2022

Copyright ensures certain minimum rights and it has never been an absolute right. If copyright protection is applied rigidly, it will hamper progress of the society. The users of infringed copyrighted work are not even aware that they are causing monetary losses to the person and publication associated with it.

Copyright 84

Copyright Licensing Higher Education Copying 84

SpicyIP

OCTOBER 28, 2022

As reported on Entrackr , Pocket FM has filed a copyright infringement case against Kuku FM before the Delhi High Court. Pocket FM alleges that Kuku FM has violated its copyright by providing audio summaries of books to which Pocket FM has exclusive rights to create audiobooks. Image from here. The matter is still being heard.

Copyright 126

Copyright Copyright Infringement Fair Use Licensing 126

Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 3. Proposal 5.

Database Right 52

Database Right Licensing Public Domain Artwork 52

Intepat

JUNE 15, 2023

Copyright protection is an attractive option for app developers since the protection is automatic once the app is fixed in a tangible form e.g., when the code is encapsulated in a digital representation. Who owns the copyright?

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

Velocity of Content

MARCH 16, 2023

Regardless, as of this writing there are now five cases that may provide some clarity on this less frequently discussed but foundational issue of the unauthorized use of copyrighted materials as training data for AI (I use “AI” here as a shorthand which also includes text and data mining and machine learning). Case 1- Doe 1 v.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Technology & Marketing Law Blog

AUGUST 12, 2021

Finally, the court says there is a real possibility of market harm to Nicklen’s work: However, the Sinclair Defendants’ use of the copyrighted video, if widespread, would harm the licensing market for Nicklen’s video. But isn’t all of copyright law form over substance? Breitbart News.

Social Media 140

Social Media Copyright Fair Use Licensing 140

Technology & Marketing Law Blog

NOVEMBER 30, 2022

As I wrote previously : lawsuits against IAPs are problematic for many reasons, including the failure of 512(a), the danger of assuming that notices of claimed infringements (NOCIs) actually reflect infringing behavior, and the mismatch between the wrongdoing of alleged copyright infringement and the remedy of terminating Internet access.

Copyright 126

Copyright Advertising Advertising Copyright Infringement 126

JIPEL Copyright Blog

MARCH 29, 2022

In effect, the rights acquired by the buyer of the NFT are more akin to a license to a unique copy of the content including things like the right to use, display or transfer the content but may or may not contain the right to commercially benefit from it. Thus, implications and enforceability of these laws are yet to be determined.

IP 40

IP Non-Fungible Tokens Ownership Copyright Infringement 40

Copyright Lately

DECEMBER 5, 2021

Note that this isn’t the case with traditional over-the-air radio broadcasts; due to idiosyncrasies in the way copyright law has developed over the years, artists and record labels aren’t paid for the performance of sound recordings via terrestrial broadcasts.). copyright law. Performance “Absent a Specific License”.

Music 83

Music Licensing Copyright Publishing 83

IP and Legal Filings

NOVEMBER 11, 2022

Copyright arises in China as soon as an original work is created, even in most cases where the work is created outside of China. Copyright arises on the date the original work is created. For example, quoting a small portion of a work in a scholarly article is considered non-infringing fair use. Conclusion.

Copyright 52

Copyright Fair Use Registration Ownership 52

JIPL Online

MARCH 19, 2021

Given the disparity in negotiating power between a platform the size of Twitch and individual creators, Twitch is better situated to take on the burdens of negotiating a music licensing solution on behalf of all of the creators who drive traffic to their site. [i]

Music 76

Music Copyright Licensing Fair Use 76

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. The bill tackles issues such as equitable remuneration for streaming, contract adjustment, right of revocation and transparency.

Copyright Law 116

Copyright Law Copyright Law Reporting 116

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Technology & Marketing Law Blog

JUNE 17, 2023

The court also held that plaintiffs were permitted to proceed pseudonymously. ¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. Complaint at 2. At first, I was shocked by this conclusion since it seems obviously wrong.

Blogging 127

Blogging Licensing Privacy Copyright Notice 127

Plagiarism Today

DECEMBER 13, 2022

But both the district court and the appeals court ruled against Genius, saying that their claims were preempted by copyright law. 2: DaBaby Facing Copyright Lawsuit Over His No. 2: DaBaby Facing Copyright Lawsuit Over His No. 1 Hit “Rockstar”. 1 Hit “Rockstar”.

Settlement 180

Settlement Plagiarism Reporting Licensing 180

Traverse Legal Blog

MARCH 3, 2021

Risks for all stakeholders include FTC Part 255 regulations for endorsements and influencer contract drafting and, in this game, one of the things we’re going to be talking about is, you know, intellectual property. The Difference Between An Endorsement & A License. Copyright Licensing as a Form of Permission.

Marketing 81

Marketing Marketing Branding Brands 81

43(B)log

APRIL 7, 2023

Special rules for hosting providers, including online platforms; online platforms, including distance contracts, and very large online platforms and very large online search engines. What about the copyright interface w/ the DSA? 2(4): this is all w/o prejudice to rules laiid down by the © laws.

Copyright Law 40

Copyright Law Law Copyright Art 40

SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? You can see his previous posts for us here.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

Kluwer Copyright Blog

FEBRUARY 28, 2022

17 of the DSM Directive, the Directive stipulates that online content sharing service providers like YouTube or Vimeo are now also responsible under copyright law for user uploads, if these providers fail to meet certain obligations. At the core of the Act is a licensing obligation (Sec. Initially in Art. According to Sec.

Art 56

Art Copyright Law Copyright Law 56

LexBlog IP

JUNE 28, 2023

3) According to the Court, the term “sale” used in article 41 of the Copyright Law must be interpreted in a broad sense. The compensation for damages cannot be less than twice the fee that is usually or by law paid for the type of exploitation that the infringer did without license.

Copying 52

Copying Copyright Law Copyright Editing 52

Technology & Marketing Law Blog

JANUARY 12, 2024

Worse, it’s not clear the users have a “possessory interest” in those bits due to the possibility that copyright and contract law that may limit what users can do with those bits. ” Implied-in-Law Contract/Unjust Enrichment The court says that these state law claims are preempted by copyright law. .”

Copying 74

Copying Ownership Derivative Work Contracts 74