Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Biswajit Sarkar Copyright Blog

AUGUST 3, 2023

The copyright comes into existence automatically as soon as the original work is created. But, by registering copyright, additional benefits and stronger legal protection can be achieved in case of any copyright infringement. The specimen copies of the work should be sent in physical form.

Registration 52

Registration Copyright Artistic Work Ownership 52

TorrentFreak

AUGUST 26, 2022

Code § 1202 prohibits the intentional removal of CMI without obtaining permission from the copyright owner, when it is known that will “induce, enable, facilitate, or conceal an infringement.” Between 2013 and 2017, Elias took photographs of hotels and licensed their owning companies to use them in promotional activities.

Moral Rights 128

Moral Rights Copyright Public Domain Copyright Infringement 128

Kluwer Copyright Blog

JULY 14, 2023

Facilitate effective collective licensing of rights, including where possible, through extended collective licensing systems. National policymakers should review existing sui generis database rights or similar rights, when they exist, in order to avoid limiting access and use of public domain works. Proposal 3.

Database Right 52

Database Right Licensing Public Domain Artwork 52

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

Fair Use 52

Fair Use Art Licensing Derivative Work 52

SpicyIP

NOVEMBER 10, 2023

Therefore, takedown orders cannot be directed against infringing copy of content hosted on OTT platforms. A complaint has to be filed by the copyright owner or member of the public. First , the amendment seeks to create an artificial distinction between Piracy and Copyright Act. Second , the govt. 239 of this ).

Copying 52

Copying Copyright Copyright Infringement Fair Use 52

TorrentFreak

SEPTEMBER 24, 2021

Most of the top publications are monetized by major publishers, which means that they are locked behind a paywall. To make their work easier to access, many researchers place copies of their work on their personal profiles, often hosted by their university. This can include their own publications. ResearchGate.

Publishing 139

Publishing Public Domain Copyright Copyright Infringement 139

Intepat

APRIL 18, 2022

Copyrights are a form of IPR that protects a wide range of artistic and literary works of a creator. As the name suggests, copyright means the right to copy, which signifies that only the creator of the work has the right to use it. It provides credit for your work and builds your reputation in public.

Copyright 52

Copyright Public Domain Registration Ownership 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

And that data might be subject to varying levels of copyright protection. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. — One logical starting point to tell the history of copyright preemption of contracts is to begin with ProCD v. . See Montz, 649 F.3d

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case.

Registration 111

Registration Fair Use Copyright Designs 111

Patently-O

APRIL 6, 2023

WPL is a UK based software company who obtained several copies of SAS statistical software and made their own clone version by rewriting the code and by relying upon an early version of SAS that is not protected by copyright. SAS sued in E.D.Tex for copyright infringement. The copyright case is not about copying code.

Copyright 56

Copyright Copying Copyright Infringement Fair Use 56

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. Was it a license on the world’s greatest terms?

Music 104

Music Derivative Work Fair Use Cease and Desist 104

IP and Legal Filings

APRIL 20, 2023

Introduction Any literally or artistic work that is original and creative i.e.; not copied from anywhere by the owner is protected under Copyright Act, 1957. Making AI as a separate legal entity may prompt to copyright infringement to those who provide the said data or information in public domain.

Ownership 61

Ownership Moral Rights Public Domain Intellectual Property 61

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.”

IP 72

IP Advertising Advertising Copyright 72

LexBlog IP

FEBRUARY 28, 2022

A few years later, in 1984, Goldsmith’s agency, which had retained the rights to those images, licensed one of them to Vanity Fair for use in an article called “Purple Fame.” Goldsmith counterclaimed for copyright infringement. Vanity Fair , in turn, commissioned Warhol to make a silkscreen using Goldsmith’s photograph.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

SpicyIP

NOVEMBER 15, 2022

SpicyIP Tidbits: Compulsory License on Mira Behn’s Autobiography, and Stricter Test of Similarity of Marks for Medicinal Products. Licensing Ip International S.AR.L The Defendant was served with a copy of summons and it did appear in one of the hearings, but later stopped, thus causing the matter to proceed ex-parte.

Trademark 105

Trademark Patent Copyright Designs 105

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. When the electronic version is “checked out,” the physical copy is taken out of circulation. ” What is Controlled Digital Lending?

Fair Use 69

Fair Use Copying Publishing Copyright 69

Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. But Lewis thought the song was a rip-off of “I Want a New Drug” and asserted a copyright infringement claim against Columbia Pictures. to write the’s film’s signature song.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

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. 103(a) (“protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.”). Figure 1, Slip op.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

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.

Designs 105

Designs Design Cease and Desist Art 105

43(B)log

DECEMBER 20, 2022

The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. So too with unjust enrichment, which was based on defendants’ copying. Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016.

Fair Use 52

Fair Use Trademark Copyright Editing 52

SpicyIP

MAY 22, 2022

Although the history of property both in general and in the IP context is too hazy to explicate here, it is interesting to note that all sorts of words have been used earlier to describe this ‘property’ – these include ‘privilege’, ‘charter’, ‘license’, etc. Over the centuries, there were different understandings of these concepts.

IP 131

IP Intellectual Property Public Domain Copyright 131

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment?

Copyright 119

Copyright Blogging Publishing Fair Use 119