Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Given the rapid growth of Non-Fungible Token (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. In China’s first copyright infringement case including NFT digital work, a court recently decided.

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LexBlog IP

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. businesses in conjunction with Zing MP3.”

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Copyright Infringement Copyright Contracts Music 52

Plagiarism Today

SEPTEMBER 22, 2022

1: Appeals Court Sides With ACT in Court Battle Over Copyright. First off today, David Saleh Rauf at Edweek Market Brief reports that ACT has emerged victorious in a legal fight against their competior WIN as an appeals court has upheld a legal victory for the prominent testing organization. Have any suggestions for the 3 Count?

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Settlement Copyright Infringement Contracts Plagiarism 194

The IPKat

MAY 12, 2023

When one hears the claims of copyright infringement, confidential information and employment claims one can readily assume that this is an employer/ex-employee dispute. They develop, market and sell statistical process control (SPC) software and gauge management software.

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43(B)log

DECEMBER 16, 2022

12, 2022) Plaintiffs sued defendants for copyright infringement, violation of the Lanham Act, breach of contract, and violation of unfair competition law; copyright and breach of contract claims survived a motion to dismiss but the others didn’t. Breach of contract claims survived. CV 22-4735-RSWL-Ex (C.D.

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BYU Copyright Blog

APRIL 1, 2024

Francis") committed copyright infringement and was in breach of contract over the use of hundreds of photographs he took for the school and its students. Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021. Morlos and St.

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IPilogue

DECEMBER 14, 2021

In the lawsuit, Miramax alleges several causes of action, including breach of contract, copyright infringement, and trademark infringement. In its complaint, Miramax alleges that Tarantino breached his contract with the company because he does not have the right to develop or sell NFTs related to the film.

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Technology & Marketing Law Blog

APRIL 22, 2024

WWE 2K Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik Kat Von D Depicting Randy Orton’s Tattoos in a Video Game Could Be Copyright Infringement–Alexander v. WWE 2K Videogame Doesn’t Infringe Tattoo Copyright By Depicting Basketball Players–Solid Oak Sketches v. Warner Bros.

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Olartemoure Blog

JULY 17, 2023

These new dolls captured about 40% of Barbie’s market share in five years, creating tension between Mattel and MGA. MGA alleged that Mattel had hired individuals to spy on toy designs and marketing plans. The court awarded MGA over $137 million for copyright infringement.

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Velocity of Content

DECEMBER 14, 2023

Unfortunately, from growing startups to established global companies, we hear all the time from organizations whose teams are not fully aware of how copyright applies to the content they rely on to accomplish their respective goals.

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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.

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43(B)log

MAY 19, 2023

Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. The court found copyright infringement adequately pled as to several figures, although substantial similarity was a “close issue.”

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Technology & Marketing Law Blog

OCTOBER 25, 2023

” Market Effect. The litigants are in different markets. ” The court doesn’t address the potential licensing market for the tattoo design. Implications This case generally sidesteps the interesting issues involving tattoos and copyrights, but the ruling does have tattoo-specific elements.

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Blogging Copyright Fair Use Copyright Infringement 82

TorrentFreak

SEPTEMBER 7, 2022

In some cases, infringement notices weren’t even forwarded to the allegedly-infringing subscribers, the plaintiffs add. The complaint highlights several specific IP addresses allocated to Verizon customers, for which the plaintiffs sent large volumes of copyright infringement complaints.

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Technology & Marketing Law Blog

OCTOBER 6, 2022

Last week, an Illinois jury awarded tattoo artist Catherine Alexander $3,750 in damages at the conclusion of a copyright infringement trial. Among the tens of thousands of tattooers working in the United States, the tiny handful who have brought copyright infringement claims are rare outliers. Copyright in Tattoos.

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The IPKat

JULY 18, 2021

To address the market distortions and the music streaming ‘value gap’, the Government should introduce robust and legally enforceable obligations to normalise licensing arrangements for UGC-hosting services. Apple, on the other hand, maintained that safe harbour provisions create an “unlevel playing field” in favour of YouTube. Plot twist!

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Technology & Marketing Law Blog

FEBRUARY 27, 2022

But before they get there, these courts must first decide whether AA’s terms and conditions constitutes a valid and enforceable contract, and whether TPG assented to its terms. Breach of Contract 2. Tortious Interference with a Contract 3. Trademark infringement 6. Copyright Infringement 10. Trespass 5.

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Kluwer Copyright Blog

JUNE 19, 2023

Nevertheless , tokens may be used in a digital rights management scheme, as the aforementioned default position is subject to contract modification, as explained below. Assignment The copyright owner may transfer the entirety of the copyright in the work to the purchaser by assignment. Valid Transfer of Rights?

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TorrentFreak

AUGUST 21, 2021

Listing around 110 copyright works, the coalition of Hollywood studios, with the addition of Amazon and Netflix, allege direct and willful copyright infringement, contributory copyright infringement, and inducing copyright infringement.

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TorrentFreak

AUGUST 2, 2023

A Bungie-compiled list of online aliases, including PRAGMATICTAX, NOVA, J3STER and CYPHER, are the latest individuals to face legal action for developing, marketing, selling, and providing customer support for, tools that enable cheating in the blockbuster online game, Destiny 2.

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Technology & Marketing Law Blog

JUNE 2, 2022

Market Effect. Instead, this devolves into a straightforward application of copyright law, not materially different than if Kat Von D had painted a version of the photo on canvas. Third, if the jury finds copyright infringement, ordinarily a permanent injunction would follow. Prior Tattoo Copyright Blog Posts.

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Kluwer Copyright Blog

APRIL 15, 2024

Reddit or X (Twitter) data for ChatGPT) and which try to ban AI data scraping via technical tools and contractual terms (see class action against OpenAI for privacy and copyright infringement). open licenses that extend to non-copyrighted elements ) , as well as regulatory interventions (e.g.

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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.

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Technology & Marketing Law Blog

APRIL 4, 2023

It merely denies Google a safe harbor defense should plaintiffs bring some other claim against the ISP for removing allegedly infringing material, such as a state contract or tort law claim.” Google appeared first on Technology & Marketing Law Blog. ” Cites to Martin v. The complaint.

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Technology & Marketing Law Blog

MARCH 22, 2022

Despite all of the back-and-forth, the plaintiff sued YouTube for copyright infringement–a very bold move. Direct Infringement. Direct copyright infringement is a strict liability tort, so YouTube’s efforts to “actively and diligently police” infringement should be irrelevant.

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Business Copyright Copyright Infringement Licensing 106

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.

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Intellectual Property Cease and Desist Copyright Law Music 52

IPilogue

MAY 3, 2022

In 1395804 Ontario Limited (Blacklock’s Reporter) v Canadian Vintners Association (CVA) , a small claims court in Ontario was tasked with deciding whether forwarding an email and receiving a forwarded email, including copy and pasted material constitutes Copyright infringement.

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43(B)log

DECEMBER 26, 2022

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. The logo is registered with the Copyright Office, and AFK applied for trademark registration as well. AKF sued LCF etc.

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The IP Law Blog

AUGUST 12, 2021

What matters is that college athletes can finally market their valuable NIL and enrich themselves while the NCAA is enriching itself during their college careers. Many companies, intentionally or unintentionally, have language in their contracts that would severely prejudice the athletes in the future. Therein lies the risk.

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Indiana Intellectual Property Law

FEBRUARY 23, 2023

The complaint alleges that both Reed and Darby joined HG Autotech and used MaddenCo’s confidential information or copyrighted works, to reproduce, develop, use, market, and/or sell competing products and services. Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years.

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Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. UIRC sued William Blair for copyright infringement. Copyright Protection for Legal Documents. 12, 2024) The post Cloned-and-Revised Legal Documents Aren’t Copyrightable–UIRC v.

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Plagiarism Today

AUGUST 2, 2022

The issue got so bad that Cent, one of the largest marketplaces for NFTs, shut down nearly all NFT sales over “rampant” issues with copyright infringement and plagiarism. The mainstream reputation of NFTs was hopelessly trashed and, as the regular crypto market began to falter, the NFT market was especially hard hit.

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LexBlog IP

NOVEMBER 28, 2023

What has been the market-effect on the underlying work? Plainly, predicting the merits of a copyright claim in this realm is extraordinarily difficult, and for many small businesses, settlement is the better part of valor. Chevaldina: Raanan Katz sued Irina Chevaldina for copyright infringement under 17 U.S.C.

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Kluwer Copyright Blog

APRIL 18, 2023

Since then, Meta has been technically liable for copyright infringement whenever its users upload content reproducing Italian songs, in accordance with the new regime of direct liability as per Art. 102- septies of the Italian Copyright Law). The last license agreement between SIAE and Meta expired on 16 December 2022.

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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.

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TorrentFreak

DECEMBER 6, 2022

Friend MTS offers dynamic, near real-time blocking of illegal IPTV streams and recent contract renewals ( 1 , 2 ) suggest that expectations are being met. They were charged with criminal copyright infringement offenses in connection with movies and TV shows made available via filmovi24h.com and serije.online.

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Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. Nonetheless, Shah has not alleged authorship under current Seventh Circuit law and the Court dismisses his copyright infringement claim. (To

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