Technology & Marketing Law Blog

MAY 15, 2024

In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.”

Music 95

Music Blogging Copyright Ownership 95

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. Another developer was working on an alternative version written in Windows Presentation Foundation (WPF). It was the WPF version that PQ decided to pursue.

Copyright Infringement 67

Copyright Infringement Copyright Confidentiality Copying 67

IP and Legal Filings

MAY 15, 2024

Such a person can use it to serve their purpose in a limited manner for a particular period without having sole ownership of the property. The present article looks into a comprehensive landscape of Limited License. It lets the Licensor grant a limited License for a fixed period or purpose without losing out on the ownership of it.

Licensing 78

Licensing Intellectual Property Ownership IP 78

LexBlog IP

DECEMBER 2, 2021

The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement claim or to depart from this approach and apply the Second Circuit’s “ordinary observer” test instead.

Copyright Infringement 52

Copyright Infringement Copyright Art Copying 52

TorrentFreak

MARCH 4, 2023

The Texan federal jury ruled that Grande is guilty of willful contributory copyright infringement and must pay the record labels $47 million in damages. Grande hopes to find the court on its side and lists a variety of shortcomings in the presented evidence, casting doubt over the jury’s conclusion.

Music 84

Music Ownership Copying Copyright Infringement 84

IP and Legal Filings

MAY 13, 2024

ChatGPT, Gemini, Copilot, and Midjourney are some examples of generative AI tools that are presently in use. Image Sources: Shutterstock] Basic understanding of Copyright Copyright is a legal theory that provides artists complete ownership over their creative works, preventing unauthorised use and copying.

Copyright 86

Copyright Intellectual Property Ownership Technology 86

TorrentFreak

FEBRUARY 17, 2023

On one hand, unauthorized mass copying and distribution of movies, TV shows, and music is widely recognized as copyright infringement. Based on the assertion that the assignment agreements relied upon by the publishers do not confer ownership of copyrights relating to the allegedly infringed works, Elbakyan declared them void.

Publishing 124

Publishing Ownership Copyright Copying 124

LexBlog IP

FEBRUARY 27, 2024

This is because a successful copyright infringement claim requires a showing of: (1) ownership of a valid, registered copyright; and (2) that the defendant copied aspects of the copyright-protected work.

Copying 52

Copying Artwork Ownership Copyright 52

The IPKat

NOVEMBER 22, 2021

What happens when a copyright infringement claim is made against the playwright? The monograph is presented in six chapters. McDonagh discusses the emergence of the author figure as the owner of a dramatic work by analysis of authorship and ownership of plays from the Elizabethan period up to the early twentieth century.

Copyright Law 145

Copyright Law Moral Rights Copyright Law 145

TorrentFreak

FEBRUARY 28, 2024

In all cases, whether on physical cartridges or supplied as digital downloads, Switch games contain security measures designed to prevent copying or being run on unauthorized devices. Nintendo says 100% of the copies available were necessarily pirated copies and every user who obtained a copy did so without paying for the game.

Copying 101

Copying Technology Designs Design 101

Kluwer Copyright Blog

MAY 30, 2024

In the EU, Article 4(2) of the InfoSoc Directive specifically addresses exhaustion, stating that the distribution right of the copyright holder is exhausted within the EU after the first sale or other transfer of ownership of a copy of a work with the rightholder’s consent.

Copyright 113

Copyright Copyright Law Business Intellectual Property 113

SpicyIP

APRIL 15, 2024

By Goutham Rajeev and Vedant Bharadwaj Singh A recent public response by OpenAI’s CTO (Chief Technical Officer) on the data sources used by them to train their new text-to-video AI engine known as Sora has reignited the discussion on the use of copyrighted material t o train Generative Artificial Intelligence ( GenAI ).

Fair Use 49

Fair Use Copyright Infringement Derivative Work Copyright 49

SpicyIP

NOVEMBER 20, 2023

However, historically, the Act had no provisions to put in place any mechanism of sorts to deal with infringing copies of film being exhibited or distributed. Apart from the newly inserted sections, the whole scheme of the Act does not talk about copyright infringement or film piracy. 6AA and 6AB to the original Act.

Copyright Infringement 64

Copyright Infringement Copyright Art Copying 64

Kluwer Copyright Blog

NOVEMBER 16, 2023

But last year, one supranational interference with copyright law surprisingly did not come from Luxemburg, but from Strasbourg: the judgment in Safarov v Azerbaijan. He sues for copyright infringement and claims damages. The Safarov case In 2009, Safarov authors a book. An NGO makes his entire work available for download.

Copyright 91

Copyright Copying Copyright Law Marketing 91

Kashishipr

JULY 6, 2022

If you fail to do so, you shall end up finding yourself in big trouble like Copyright Infringement. Here in this article, we shall be thoroughly discussing Copyright Protection in the Indian music industry. We shall answer a few questions, including: How is copyright protection applicable to the music industry?

Music 59

Music Copyright Intellectual Property Copyright Infringement 59

Copyright Lately

SEPTEMBER 26, 2022

That order actually topped my list of the 5 Worst Copyright Decisions of 2020 because, by sending the case to a jury, the court effectively ruled that anyone with a tattoo is not in control of the uses to which his or her likeness is put. A plaintiff typically has the burden at trial to prove ownership of a valid copyright.

Fair Use 86

Fair Use Licensing Ownership Copying 86

TorrentFreak

JULY 14, 2022

In a Variety op-ed published in March, RIAA CEO Mitch Glazier wrote that the problem is much bigger as many more sites are selling ‘infringing’ NFTs. Broader NFT marketplaces, through which third-party sellers can auction NFTs, present challenges as well. And for the RIAA, these issues hit close to home.

Music 126

Music Branding Brands Branding 126

Traverse Legal Blog

OCTOBER 20, 2022

Intellectual property should be registered with the USPTO or Copyright office to receive maximum protection. Linking your copyrighted work to a NFT and recording ownership on the blockchain shows provenance or immutable ownership. Can I copy and use a digital asset linked to an NFT?

Non-Fungible Tokens 40

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

SpicyIP

MAY 20, 2024

Raising some concerns with this finding, we are pleased to present to you this guest post by Dhruv Vatsyayan. Reckitt & Colman (Overseas) Hygiene vs Bhateshra Bechara Hirabhai on 13 May, 2024 (Delhi High Court) The plaintiffs filed the present suit against the defendant’s use of the marks ‘Airwick’ and “Airwoc’.

Trademark 45

Trademark Advertising Advertising Copyright 45

43(B)log

AUGUST 3, 2023

Often formal equality is presented in the pretext of equal application as if IP were immune from feminist and critical race critiques. Legal mistake: collapsing copying and improper appropriation, primarily through imprecise use of substantial similarity. Same concept of similarity governs both elements of the copyright claim!

Music 52

Music Art Copying Licensing 52

IP and Legal Filings

MARCH 12, 2024

Initially, this law applied only to copying books, but over time, its application expanded to include photographs, motion pictures, recordings, and more. In India, the Copyright Act of 1957 grants certain rights to creators. Section 55 of the Copyright Act of 1957 [ii] provides civil remedies for copyright infringement.

Intellectual Property 81

Intellectual Property Copyright Journalism Copyright Infringement 81

Kluwer Copyright Blog

NOVEMBER 15, 2022

Recent appellate decisions in the United States have recognized expanded grounds for personal jurisdiction in cases of internet-based copyright infringements; divided on the extent to which the three-year statute of limitations limits damage recoveries; and increased the occasions for motions to dismiss on the ground of fair use.

Copyright 60

Copyright Fair Use Copyright Infringement Ownership 60

IP and Legal Filings

MARCH 15, 2023

Advertisements are for public display and therefore, claiming the ownership is a debatable question in the domain of intellectual property. which is the plaintiff in the present case and Vini Cosmetics Pvt. The presence of such a possible result in copyright infringement and also the case of passing off by the defendant.

Advertising 52

Advertising Advertising Intellectual Property Social Media 52

The IPKat

FEBRUARY 3, 2023

Within days, stock image supplier Getty Images announced that it was one of the “folks” who disagreed – and disagreed so strongly that it had commenced legal proceedings in the High Court in London alleging copyright infringement. This exception provides copyright will not be infringed by the making of a: 1.

Litigation 143

Litigation Copying Copyright Designs 143

IPilogue

FEBRUARY 21, 2022

In Part 1, I will summarize some of the key points presented by the group concerning AI, and in Part 2, I will focus on their suggestions concerning the IoT. The Supreme Court concluded that the creation of electronic copies through “cashing” did not implicate the interests of copyright owners. Balancing the Public Interest.

Government 111

Government Copyright IP Intellectual Property 111

LexBlog IP

MAY 19, 2023

The Copyright Act motivates creativity by granting the author of an original creative work rights to reproduce their work, prepare derivatives works, and (in the case of pictorial or graphic works) display the copyrighted works publicly. scholarship, or research” [2] and is evaluated through multiple factors. Oracle America, Inc.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? the pop-up is not a joke nor is it a presentation of ridicule or satire.”. Meanwhile, the Ninth Circuit in Mattel v.

Blogging 92

Blogging Social Media Television Fair Use 92

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright 137

Copyright Fair Use Copyright Law Law 137

Technology & Marketing Law Blog

JUNE 17, 2023

¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

SpicyIP

NOVEMBER 16, 2023

Hulm Entertainment alleged Fantasy Sports had substantially copied its ‘original trading and stock features’ along with the graphical user interface (GUI) of their fantasy sports mobile application “Exchange22”. Apart from this, the court held that :- (i) copyright infringement hinges on the substantial similarity between competing works.

Copyright 59

Copyright Marketing Marketing Copying 59

IPilogue

JANUARY 14, 2022

Is GitHub’s New Feature a Copyright Infringer? Copyright Confusion: Sony Upsetting Nintendo YouTubers by Natalie Bravo. Copyright Ownership of Movies and Films in Canada: Who’s on First? Copyright Law. Users can choose whether to accept licences or pursue alternative methods to lawfully copy works.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Based solely on the complaint that was filed, there are six major issues raised by the case: First, were the recorded interviews a copyright-eligible “work of authorship”? Second, if so, who is the initial owner of the copyright(s)? Third, is Trump’s claim of ownership barred by 17 U.S.C. Rural Telephone Service Co. ,

Copyright 120

Copyright Blogging Publishing Fair Use 120

IIPRD

OCTOBER 17, 2022

In the present case too there will be many legal issues related to Intellectual Property. There is an urgent need to shed some light on intellectual property infringement in this virtual world which will be dealt with further in the article. Copyright Infringement. Later it was settled.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

LexBlog IP

DECEMBER 7, 2022

Cattelan moved to dismiss Morford’s infringement and plagiarism claims on three grounds: [7]. Morford cannot claim ownership over a natural element (a fruit) and a functional component (duct tape). 13] He argued that those elements were original and thus protectable and, in this case, infringed by Cattelan’s Comedian.

Copyright 52

Copyright Copying Artwork Art 52

IIPRD

JANUARY 18, 2022

This blog presents an overview of what luxury fashion is doing with crypto technology in this feature, as well as what to expect as fashion moves forward into a tech-savvy future. Copyright infringement arises when reproduction right is infringed (i.e. What are NFTs?

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

Corsearch

SEPTEMBER 28, 2023

Identify the type of infringement on Alibaba If you’ve found a counterfeit, lookalike, or an otherwise infringing listing on Alibaba, it’s critical to cite the relevant intellectual property rights and type of infringement. That’s because the platform’s enforcement process varies depending on the type of infringement.

Branding 59

Branding Brands Branding Intellectual Property 59

LexBlog IP

JULY 14, 2023

sent on June 9, 2023 by granting Italian artist Maurizio Cattelan’s motion for summary judgment in a copyright lawsuit fellow artist Joseph Morford brought against him in the Southern District of Florida. [1] Morford’s claim is barred by the copyright doctrine of merger. 22] The banana is a real banana. [23]

Art 52

Art Copyright Copying Art Law 52