Patently-O

JANUARY 4, 2024

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. Winston & Strawn , 23-cv-11193 (S.D.N.Y. Cannon , 789 N.W.2d

Plagiarism 122

Plagiarism Fair Use Copying Copyright Infringement 122

Michael Geist

FEBRUARY 24, 2023

The course packs were copied and typically sold as an alternative to course textbooks. Copyright lobby groups and their supporters have long claimed that the practice relies on fair dealing and that universities are profiting from copying without compensation. of the pages assigned to students.

Higher Education 56

Higher Education Copyright Copying Journalism 56

Michael Geist

FEBRUARY 28, 2023

This week’s Law Bytes podcast features Western librarian Stephen Spong on fair dealing and prior posts in the series endeavoured to set the record straight and discussed site licensing , transactional licensing , and the disappearance of course packs. I’ve often written about the importance of open access publishing.

Copyright 80

Copyright Journalism Licensing Government 80

Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. Philpot claims his standard photo licensing fee is $3,500, but reuses of the photo from Wikipedia Commons didn’t require any payment (just attribution). Nature of the Work. Amount Taken.

Fair Use 88

Fair Use Licensing Copyright Marketing 88

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 95

Blogging Copying Social Media Copyright 95

Velocity of Content

MAY 24, 2023

In some cases, your organization may have a license or a subscription agreement that applies to the internal reuse of content. If the content in the presentation was previously published in a journal or other third-party publication, it may well require permissions for reuse, even if it is the result of your own or your client’s research.

Copyright 98

Copyright Fair Use Journalism Publishing 98

Kluwer Copyright Blog

MARCH 13, 2024

licenses for specific uses). Rightholders can, for example, choose whether to license an e-book or an e-journal to a library, or whether to provide licenses to educational establishment to play music and audio-visual works for educational purposes. 7(1) and art. 17(7) CDSM Directive.

Copyright 122

Copyright Art Licensing Contracts 122

Technology & Marketing Law Blog

AUGUST 31, 2021

Factor three : The entirety of the work was copied. Factor four : The fourth factor also weighs against fair use: Unrestricted and widespread conduct of the sort Defendant engaged in would destroy the market for licensing Plaintiff’s work. Independent Review Journal, 20-cv-00590-AJT-TCB (E.D. phenomena discussed in the articles.

Fair Use 129

Fair Use Journalism Licensing Marketing 129

Patently-O

FEBRUARY 20, 2022

Recent Headlines in the IP World: Ludwig Burger: BioNTech Says It Won’t Challenge Vaccine Copying in Africa (Source: CTV News). Commentary and Journal Articles: Prof. Mario Biagioli: Of Viruses and Licenses: Learning from COVID-19 Patent Debates (Source: SSRN). McKenna and Prof. Silbey: Investigating Design (Source: SSRN).

Patent Troll 51

Patent Troll Patent Journalism Patent Application 51

Kluwer Copyright Blog

DECEMBER 8, 2022

Current practice in scientific publishing requires copyright assignments or the issue of exclusive licenses by researcher-authors to publishers. National copyright contract rules imposing limitations on the licensing of copyright in future works may obstruct OA mandates. Current EU copyright framework.

Copyright 107

Copyright Ownership Journalism Publishing 107

SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments. Apple Retail UK Ltd.

Licensing 105

Licensing Litigation Technology Patent 105

Art Law Journal

FEBRUARY 4, 2021

Nobody can copy, distribute, or display the work without the author’s permission. appeared first on Art Business Journal. As a general rule, when an artistic or literary work is created, the author is the one that holds the copyright. The post Who Owns Works Created by a Freelancer?

Journalism 52

Journalism Copying Art Business 52

IIPRD

APRIL 2, 2024

vi] This is where governments use ‘compulsory licensing’ to ensure access to affordable drugs in public health emergencies and foster innovation, where patents and monopolies gained through it has prevailed. Studies have established a correlation between TRIPS-plus provisions and increased drug prices in importing nations. 7, 2024). [ix]

Intellectual Property 105

Intellectual Property Branding Brands Branding 105

Copyright Lately

MAY 1, 2023

Companies have to obtain permission and execute a license to use copyrighted content for AI training or other purposes, and we’re committed to maintaining these legal principles.” It isn’t human-readable and does not contain copies of any audio recordings. But once created, the voice model is just a set of parameters.

Music 87

Music Copyright Copying Copyright Law 87

Michael Geist

FEBRUARY 22, 2023

The truth is that Canadian universities spend millions of dollars on licensing copyright materials. In fact, over the past decade, the emergence of site licenses that provide access to millions of works – books, journal articles, newspapers, and more – has led to huge increases in expenditures for access.

Licensing 75

Licensing Copyright Journalism Copying 75

Velocity of Content

JANUARY 31, 2023

I have had people tell me with doctrinal certainty that Creative Commons licenses allow text and data mining, and insofar as license terms are observed, I agree. Full disclosure: CCC offers RightFind XML, a service that supports licensed commercial access to full-text articles for TDM with value-added capabilities.) GitHub Inc.,

Licensing 98

Licensing Fair Use Journalism Publishing 98

IP and Legal Filings

DECEMBER 6, 2022

Copyright is the cumulation of two words: “copy” and “right,” alternatively one may argue that copyright refers to the legal rights of the intellectual property’s real owner. According to Section 30, the holder of copyrights may license all or part of his rights to another party. 2022, April 22).

Music 74

Music Copyright Copyright Infringement Moral Rights 74

Technology & Marketing Law Blog

DECEMBER 27, 2023

” Canada’s C-18 “link tax” has devastated independent journalism in Canada. 23-35060 (9th Cir. .” • In 2017, Christy Boughman from Wells Fargo emailed sales@spdatallc.com and asked for pricing on “the S&P CDO Evaluator License.” [The to Defend Rights” * United Federation of Churches LLC v.

IP 72

IP Advertising Advertising Copyright 72

IIPRD

FEBRUARY 16, 2024

The Confidential information, which may be sold or licensed, is a Trade Secret and forms a part of Intellectual Property Rights. The other teams can hence copy McLaren, causing the team a disadvantage. 18, Harvard Journal of Law & Technology. WHAT DO INTERNATIONAL CONVENTIONS SAY? Trade Secret is defined under Article.39

Intellectual Property 59

Intellectual Property Technology Confidentiality Journalism 59

Kluwer Copyright Blog

MARCH 14, 2024

The BGH considers a use of music to involve “grand rights” (to be individually licensed) if the music is an integral, organic component of the dramatic plot and is not merely used for background, accompaniment purposes. Parts of this article were first published in the law journal Auteur & Media 2023 (Larcier Intercentia).

Law 64

Law Music Copyright Art 64

SpicyIP

NOVEMBER 15, 2022

SpicyIP Tidbits: Compulsory License on Mira Behn’s Autobiography, and Stricter Test of Similarity of Marks for Medicinal Products. Call for Papers: NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) Vol. Licensing Ip International S.AR.L Image from here. Call for Papers/ Submissions . Cases in Indian Courts.

Trademark 105

Trademark Patent Copyright Designs 105

Kluwer Copyright Blog

OCTOBER 2, 2023

CJEU judgments and AG Opinions Ocilion, CJEU, C-426/21 In July, the CJEU delivered its judgment in the Ocilion case, which related to the right of communication to the public and the private copying exception. Seven.One, AG Opinion, C-260/22 This is yet another preliminary reference on the private copying exception and broadcastling.

Copyright Law 75

Copyright Law Law Copyright Copying 75

Plagiarism Today

MARCH 28, 2022

She licensed the photo to Vanity Fair magazine for use as an artist reference. However, Warhol went beyond the single licensed work and created 15 additional works known as the Prince Series , which became public after the musician’s death in 2016. Warhol, in turn, was that artist.

Settlement 197

Settlement Privacy Licensing Journalism 197

Kluwer Copyright Blog

AUGUST 22, 2023

We are interested in exploring whether in the EU Arts 3 and 4 of the Copyright in the Digital Single Market Directive (CDSMD) played a role in shaping the contractual practices in selected industry sectors in relation to the licensing of works as training data. Springer, SAGE, Wiley and Elsevier). 3(2) CDSM, the text of item 7.8

Publishing 98

Publishing Art Licensing Copying 98

IPilogue

JANUARY 14, 2022

Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. 2021 was an exciting year for the IPilogue.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Kluwer Copyright Blog

JUNE 27, 2023

The belated Portuguese transposition of the CDSM Directive was finally published in the Portuguese Official Journal (Diário da República) on the 19th of June 2023. 2-g: the Portuguese transposition did not opt for any licensing carve-out nor any fair compensation schemes. Museu do Azulejo by G.P. 19 CDSM Directive. º-B and 74.º-D

Art 103

Art Contracts Publishing Licensing 103

IP and Legal Filings

JANUARY 22, 2024

Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. Secure Distribution is a means of distributing digital content using encrypted codes which prohibit copying and limits the number of devices a product can be accessed from.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Velocity of Content

MAY 11, 2023

Copyright protects original works of authorship of any kind, including journal articles, books, email, social media posts, content you post online, images (including illustrations and photographs), technical drawings, figures, and infographics. If a journal article is published as Open Access, can I reuse it?

Copyright 98

Copyright Licensing Journalism Social Media 98

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

PDF copy available. Core Wireless Licensing S.A.R.L. , Whether the dearth of commercial literature will increase petitioner reliance on non-patent literature, especially academic journals. Licensing campaigns often focused solely on the use of an e-commerce portal. Read the full article on Bloomberg Law. FG SRC LLC , No.

Law 40

Law Patent Technology Art 40

Velocity of Content

OCTOBER 13, 2022

You might have hundreds of subscription agreements covering thousands of journals or content sources, and you have to sort through all of that first. We try to make sure that when we enter into agreements with publishers, we have licensing that fits our need as a pharmaceutical company.

Licensing 97

Licensing Copyright Copying Journalism 97

Velocity of Content

AUGUST 10, 2022

By way of background, the EU, as part of its Digital Single Market Copyright Directive , looked at the then-extant UK copyright exception for the making of copies of copyrightable works to perform text and data mining (TDM) in a non-commercial context. I am loath to declare all news content buyers “winners” here, however.

Law 116

Law Licensing Publishing Intellectual Property 116

SpicyIP

MARCH 15, 2022

In the absence of any requirement for licensing agreement, the platforms capitalize on these ‘ snippets ’ without paying press publishers any share of remuneration, making it difficult for the publishers to recoup their investments. The EU took the Intellectual Property route by introducing a related right under its copy right law.

Publishing 105

Publishing Marketing Marketing Advertising 105

Velocity of Content

JUNE 8, 2023

CCC has licensing options that support your workflow. If your use case requires additional rights such as digital reuse, storing, or photocopying within your organization, responsive rights, or including an article copy with a regulatory submission, we can help. Ready to purchase an article or scientific content?

Journalism 98

Journalism Licensing Publishing Copyright 98

Kluwer Copyright Blog

OCTOBER 9, 2022

According to Article 16 EU DSM Directive 2019/790 (“DSM Directive”), a “publisher” may have a claim to a share of the author’s statutory remuneration claims – such as fair compensation for private copies – if the author has granted the “publisher” a right in his work. But who is this “publisher”?

Publishing 97

Publishing Music Copyright Law Marketing 97

Kluwer Copyright Blog

NOVEMBER 24, 2021

The defendant in that case had offered adapters for sale which enabled Nintendo games, that had been produced by third parties in circumvention of copy protection measures and downloaded from the internet, to be used on the Nintendo games console. More from our authors: Law of Raw Data. by Jan Bernd Nordemann, Christian Czychowski. €

Contracts 98

Contracts Copyright Law Cease and Desist 98

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

PDF copy available. Strategic considerations include what to patent (battery management systems, battery components, cell assembly, manufacturing processes, or components), where to patent, what patents to abandon or sell, and licensing strategies. The Wall Street Journal , Feb. Conclusion. link] les-2030-goal/5489643001/.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

LexBlog IP

JANUARY 25, 2023

” [1] The article, published in the Journal of Law and the Biosciences, examines whether patent thickets covering biological drugs are responsible for delayed biosimilar market entry. I’m licensed as a patent attorney, with a background (an undergraduate degree and Ph.D.) in biochemistry. MIT Press, 2001). [3]

Patent 52

Patent Branding Brands Branding 52