Technology & Marketing Law Blog

MAY 13, 2024

As I wrote back in December, scraping claims are almost always about unwanted copying and distribution of data. And that, in turn, further restricts what should be in the public domain and gives companies power to create property rights where none are otherwise granted in the law. citations omitted) X Corp. Bright Data at 21.

Blogging 95

Blogging Contracts Cease and Desist Social Media 95

Technology & Marketing Law Blog

DECEMBER 27, 2023

His defense is that the work he used was free for all; after his victory, that work remains in the public domain for others to build upon. The post 2023 Quick Links: IP, Keyword Ads appeared first on Technology & Marketing Law Blog. A successful defendant, by contrast, recovers nothing he didn’t already have.

IP 72

IP Advertising Advertising Copyright 72

The IPKat

AUGUST 23, 2022

The library should contain as much of what you do not know as your financial means, mortgage rates, and the currently tight real-estate market allows you to put there. As for fiction, one is tempted to conclude that it is usually easy to obtain another copy of a work of fiction, should this Kat wish to reread it. But not always.

Copying 90

Copying Public Domain Licensing Marketing 90

Biswajit Sarkar Copyright Blog

JULY 19, 2022

A person brings in counterfeit copies of a work Without getting permission from the copyright holder, someone reproduces his work in any way. With today’s technology, it is very simple to copy and share the original works of other people. Public domain resources as a starting point. Do not copy anything.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

Technology & Marketing Law Blog

JULY 18, 2023

Genius planted tiny mistakes in some of the lyrics it posted, and once those appeared in Google’s information boxes, it argued that Google copied lyrics from Genius. Genius’s “browsewrap,” however, prohibits copying for commercial use, and Genius sued Google for breach of contract.

Blogging 91

Blogging Contracts Copyright Law Copyright 91

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions.

Registration 111

Registration Fair Use Copyright Designs 111

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.” That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.” [20]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

IP and Legal Filings

JANUARY 29, 2024

Unveiling Merchant Privileges in the Shadows of Craftsmanship Developing nations like India require financial and technical support to market their products internationally and attain the sustainability of GI. It’s interesting to note that the Act restricts the use of GI marks to licensed users exclusively.

Registration 92

Registration Blogging Designs Design 92

Dragons' Den

APRIL 6, 2023

The duo were clearly aware how important it is to look at what registered IP you can get early into your product development phase before it’s in the public domain. It can really help with getting funding as well as deterring and/or stopping competitors from copying your product. A patent will last 20 years.

Designs 52

Designs Design IP Business 52

Copyright Lately

AUGUST 2, 2022

Multiple times throughout June and July 2022, Netflix informed Barlow & Bear’s lawyers that their July 26 performance wasn’t authorized and would give rise to claims for willful copyright and trademark infringement unless they negotiated a license—which Netflix was willing to do. Even better, it’s in the public domain.

Music 104

Music Derivative Work Fair Use Cease and Desist 104

Kluwer Copyright Blog

DECEMBER 7, 2022

Should it be confirmed that these copies are copyright-protected reproductions, the exception under Art. 5(1) InfoSoc Directive would apply to all copies transmitted from the server to the device embedding the photo camera and vice versa. Finally, the CDSM Directive contains several clauses of interest for AR development: Art.

Copyright 56

Copyright Art Public Domain Copying 56

IIPRD

JANUARY 23, 2023

It further expanded its domain as a manufacturer by establishing a market for its self-made products such as kindle for e-book services, audiobook and ‘cloud computing’ web storage services. Patent are valid for the duration of 20 years before coming into public domain) Patent infringement can occur in two ways.

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

Technology 52

Technology Patent IP Invention 52

Velocity of Content

DECEMBER 6, 2023

Significant amounts of content are available through licenses, including open licenses such as CC BY and CC BY-NC. Significant amounts of content are also available through the public domain. To what extent are copyrighted works licensed from copyright owners for use as training materials? ROSS Intelligence Inc.,

Copyright 98

Copyright Fair Use Licensing Copying 98

IP and Legal Filings

JUNE 27, 2022

To reproduce, store, issue copies to public, perform, communicate, and make translation or adaptation of the work. Duration for copyright is 60 years counted from the year after the date of publication. The underlying work can only be assigned or licensed in writing by the right holder or agent authorized by him.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

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

Technology & Marketing Law Blog

JUNE 20, 2023

For example, when a sound recording of a musical work gets played on Spotify, both the owner of the copyright in the musical work and the owner of copyright in the sound recording (the derivative work) are entitled to royalties for the public performance. Condé Nast paid $400 for the license, which specified “No other usage right granted.”

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Kluwer Copyright Blog

MAY 16, 2023

Flexibilities have been classified on the basis of a blended taxonomy, centred around categories of uses, purposes/goals and rights/interests balanced against copyright, coupled with horizontal, catch-all categories such as “public domain” and “external copyright flexibilities”. private study, e-lending).

Reporting 52

Reporting Copyright Public Domain Editing 52

SpicyIP

MARCH 15, 2022

This blog examines how press publishers have claimed rights over their content on digital media platforms like Facebook, Google News, which give a preview of two-three lines along with a hyperlink to the press publication. The EU took the Intellectual Property route by introducing a related right under its copy right law.

Publishing 105

Publishing Marketing Marketing Advertising 105

43(B)log

AUGUST 3, 2023

By defining purpose only as licensing image of Prince—use in a well-structured conventionalized market—the majority gets to be dismissive of the dissent; it doesn’t matter how much Warhol contributed b/c he created a substantially similar image which is now competing with her photograph. We don’t even get into the market stuff.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

Kluwer Copyright Blog

MAY 17, 2023

among others, temporary reproduction, some lawful uses, private copy/reprography, private study, illustration for teaching and research), which are either classified or labelled differently in different Member States, or are qualified as acts outside the scope of copyright instead of L&Es. Private copy and reprography.

Reporting 52

Reporting Copyright Public Domain Copying 52

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

The IPKat

MARCH 7, 2022

Therefore, once copyright protection ends, and the work falls in the public domain, others must have the right to call the work by its name. Moreover, if the work sought to be registered is not copyrighted, the public may copy it at once and would be as clearly entitled to call it by its name (case citations omitted).

Copyright 96

Copyright Trademark IP Public Domain 96

SpicyIP

JANUARY 9, 2023

Revenue to share copy of its report filed earlier. Case : Microsoft Technology Licensing Ltd. Jaipur Police passes a circular, clarifying that no licenses required for using sound recordings during weddings and regional events. Sir Arthur Conan Doyle’s ‘The Case-Book of Sherlock Holmes’ enters public domain.

Trademark 105

Trademark IP Registration Reporting 105

43(B)log

FEBRUARY 4, 2023

But socially valuable innovations can be difficult to marketize/commodify. Restrict derivative right to adaptations/forms of representations that change medium, not works in same primary market. Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license. public domain.

Copyright 64

Copyright Editing Settlement Music 64

43(B)log

JUNE 24, 2022

RT: I would say lots of courts in © also try to reduce merger to meaning that you can do anything but copy verbatim, which is a narrowing that many courts in TM don’t bother with, though some variants of Rogers v. Why not have it across all consumer markets? Grimaldi are trending in that direction.] This doesn’t seem good, but why not?

Trademark Law 75

Trademark Law Law Trademark Registration 75

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. Why else should the state be interfering with the free market?

IP 131

IP Intellectual Property Public Domain Copyright 131

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. But the 2013 Documentary was not a market substitute, because it was transformative of a small portion of the 2001 Documentary. The similarities in setting, theme, etc.

Fair Use 52

Fair Use Trademark Copyright Editing 52

IP and Legal Filings

NOVEMBER 18, 2021

NFTs have sparked several discussions raising questions on how this would affect IP Rights and what ownership of artwork, especially digital copies of artwork entails. In other words, they are blocks of code that provide authentic proof of ownership over a particular copy of digital art. What are NFTs and how do they work?

IP 52

IP Non-Fungible Tokens Ownership Artwork 52

Kluwer Copyright Blog

NOVEMBER 29, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. Other things being equal, it is generally agreed that copy-out transpositions are preferable to elaboration, as they minimise the possibility of incorrect paraphrasing. Image by Clker-Free-Vector-Images from Pixabay. Mere facts”.

Reporting 52

Reporting Marketing Marketing Copyright 52

43(B)log

FEBRUARY 23, 2024

Sears/Compco said there was a right to copy things in the public domain; how did that go away? What you’re seeing is cross-licensing/branding. But somehow there’s a big change between Sears/Compco and Taco Cabana.

Trademark 45

Trademark Law Branding Brands 45

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? The bottom line: even if he gets past the implied license problem, Trump still has to survive several other substantive and procedural hurdles to recovery.

Copyright 119

Copyright Blogging Publishing Fair Use 119