LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). NFTs may offer opportunities for U.S. resale royalties).

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright.

Blogging 95

Blogging Contracts Cease and Desist Social Media 95

Plagiarism Today

MAY 31, 2022

1: Pinterest Prevails in Photography Copyright Dispute. First off today, Carson McCullough at Courthouse News Service reports that a federal judge has granted summary judgment in favor of Pinterest in their battle with a photographer. 2: Amendment Passes to Grant Teachers Fair Use of Copyrighted Work Remotely. motion to do so.

Fair Use 211

Fair Use Reporting Plagiarism Copyright 211

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

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). Guy Rub , The Ohio State University Michael E.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

Kluwer Copyright Blog

APRIL 18, 2024

Copyright: WIPO. This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights.

Public Domain 64

Public Domain Contracts Copyright Licensing 64

LexBlog IP

FEBRUARY 16, 2024

If a worker is an employee, the business must report the worker’s earnings to the Employment Development Department ( EDD ) and must pay employment taxes on those wages. Thus, companies have a clear interest in ensuring that the freelancers they occasionally contract with are deemed independent contractors, not employees.

Social Media 52

Social Media Intellectual Property Contracts Branding 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

Copyright Lately

APRIL 6, 2024

Yonay’s widow and son launched the legal action in June 2022 after Paramount Pictures released the blockbuster sequel Top Gun: Maverick without renegotiating a license to adapt Yonay’s “Top Guns” article, despite a 2018 copyright termination notice served by his heirs.

Copyright 93

Copyright Copyright Infringement Social Media Licensing 93

The IP Law Blog

MARCH 23, 2023

10, 2023), the Ninth Circuit held that the trial court had properly enforced contractual provisions to find that the Plaintiff’s copyright infringement claims were barred by the agreed-to shortened, statute of limitations period. Evox Productions creates and licenses images of cars. Chrome Data Solutions, LP (filed Feb.

Copyright Infringement 98

Copyright Infringement Copyright Licensing Intellectual Property 98

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. Along a similar line, the USA also offers blanket licensing through the national RRO (Reproduction Rights Organization). The number suggests its misery.

Copyright 88

Copyright Licensing Higher Education Copying 88

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.

Music 98

Music Art Licensing Copyright 98

Kluwer Copyright Blog

FEBRUARY 22, 2023

Photo by Christian Wiediger from Unsplash The implementation transposition of the Copyright Directive 2019/790 (DSMD) in the summer of 2021 represented probably the greatest reform in German copyright law since the German Copyright Act (UrhG) came into force. Germany’s implementation of Art.

Copyright 52

Copyright Law Copyright Law Contracts 52

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

MARCH 14, 2024

Photo by Christian Wiediger from Unsplash This article continues the tradition of reporting on the copyright case law of the German Bundesgerichtshof, the highest German civil court for copyright matters (Federal Court of Justice – “BGH”). Part II will focus on copyright contract law and claims under copyright law.

Law 64

Law Music Copyright Art 64

IP and Legal Filings

NOVEMBER 11, 2022

Unlike Europe where computer software is protected by patents, software is expressly protected under copyright in China. Industrial and graphic designs, applied art, architectural buildings are also protected by copyright. Copyright arises on the date the original work is created. Conclusion.

Copyright 52

Copyright Fair Use Registration Ownership 52

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

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. This becomes quite evident when one looks at the number of institutional policy reports that have been issued in the past three months.

Copyright Law 116

Copyright Law Copyright Law Reporting 116

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] million in 2020 from more than 55,000 subscribers. [x]

Music 76

Music Copyright Licensing Fair Use 76

IP and Legal Filings

APRIL 26, 2023

According to Section 2(d)(v) of the Copyright Act, the producer of a cinematograph film is considered the work’s creator. [1] This preference for producers in copyright law has recently been questioned. As per section 18(1), the author, not the copyright holder, is entitled to receive royalties.

Copyright 52

Copyright Music Moral Rights Ownership 52

Kluwer Copyright Blog

MAY 11, 2023

These contract law provisions, totally alien to the Irish legal tradition, are designed to apply in negotiations and contractual relationships between artists and commercial exploiters of their works, including social media platforms and streaming services.

Copying 103

Copying Copyright Law Copyright Social Media 103

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

Kluwer Copyright Blog

AUGUST 18, 2021

The Commission units in charge of public sector information policy have successfully chipped away at the sui generis right, the successive units responsible for copyright so far seem to have favoured a status quo. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

Government 56

Government Database Right Intellectual Property Copyright 56

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

43(B)log

APRIL 7, 2023

Transparency: reports on content moderation, including judicial orders, notices, number and type of content moderation, use of automated means and related training, and number of complaints. Roche-Laguna: Audit reports will be published w/transparency reports every 6 months, and audit implementation reports have to be published.

Copyright Law 40

Copyright Law Law Copyright Art 40

Plagiarism Today

DECEMBER 13, 2022

1: Supreme Court Asks for Biden Administration’s Views in Google Copyright Case. First off today, Blake Brittain at Reuters reports that the Supreme Court is seeking guidance from the solicitor general on how it should rule on a case that pits the lyrics site Genius against the search giant Google. 1 Hit “Rockstar”.

Settlement 190

Settlement Plagiarism Reporting Licensing 190

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? For that, you’d need an assignment or license from the owner of the underlying copyright. You Should Probably Read The License. NFT enthusiasts envision a fictional world of fan-owned creative properties and character crossovers.

Derivative Work 85

Derivative Work Licensing Artwork Contracts 85

The IPKat

JUNE 29, 2022

Copyright protection for computer-generated works (CGWs) without a human author. Licensing or exceptions to copyright for text and data mining (TDM), which is often significant in AI use and development. Image: Riana Harvey The key change to note at this stage, then, is the introduction of a TDM copyright and database exception.

Government 136

Government Copyright IP Invention 136

Kluwer Copyright Blog

AUGUST 24, 2022

As previously reported , between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents). Users reported mixed experiences with licensing.

Government 95

Government Intellectual Property Licensing Copyright 95

Velocity of Content

AUGUST 10, 2022

In the aftermath of Brexit, many publishers were wondering if the UK — with its strong tradition of supporting the rights of publishers, authors, and artists — would provide another voice in defense of copyright. Having just read a new report from the UK’s Intellectual Property Office (IPO), this tradition is at serious risk.

Law 116

Law Licensing Publishing Intellectual Property 116

Kluwer Copyright Blog

MAY 17, 2023

The mapping of national legal sources of copyright flexibilities and their comparative analysis provided a detailed overview of the state of the art of copyright flexibilities in all the 27 Member States, organized in 27 national reports which illustrated national provisions using the same taxonomy applied to EU sources.

Reporting 52

Reporting Copyright Public Domain Copying 52

Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. Condé Nast paid $400 for the license, which specified “No other usage right granted.” Figure 1, Slip op.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Kluwer Copyright Blog

MARCH 6, 2023

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. 3 and 4) and in Singapore’s new Copyright Act (Art. 243, 244), seek to protect the ability of text and data mining researchers to use copyrighted content in their work. million abstracts.

Copyright 122

Copyright Social Media Publishing Licensing 122

Kluwer Copyright Blog

DECEMBER 12, 2022

Concomitantly, the imposition of APCs has created new, and sometimes insurmountable, barriers to publication for researchers that are not affiliated to a contracting institution. [6] In current practice, authors are expected to assign or exclusively license their copyright to publishers.

Copyright 126

Copyright Publishing Journalism Art 126

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

IP 143

IP Intellectual Property Copyright Trademark 143

Kluwer Copyright Blog

MARCH 8, 2023

4996/2022 in November 2022 ( ΦΕΚ Α´ 2022/24.11.2022 ), which amended the basic Greek Copyright Law ( L. 2121/1993 on “Copyright, Related Rights and Cultural Matters” ), as well as L. 4481/2017, on “Collective Management of Copyright and Related Rights” ( ΦΕΚ Α’ 100/20.7.2017 ). 2121/1993, whereas the rule of Art.

Publishing 52

Publishing Art Related Rights Marketing 52

Kluwer Copyright Blog

DECEMBER 26, 2023

Previously untransposed InfoSoc exceptions – such as parody and incidental inclusion – were introduced and pre-existing ones – such as the press review and the reporting of current events exceptions – were broadened in scope. Most importantly, all exceptions in the law were proclaimed mandatory by a new general provision.

Art 114

Art Music Publishing Law 114