Plagiarism Today

MAY 11, 2022

This would put all of Disney’s work from roughly 1995 (or 1967) forward into the public domain. However, the bill itself has very limited chance to succeed, as the bill has been widely panned as unconstitutional and a violation of various copyright treaties the United States is a signatory to.

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Plagiarism Public Domain Copyright Law Copyright 193

Plagiarism Today

MAY 16, 2022

2: Judge Says ‘Vape’ Musical Parody May Go On as ‘Grease’ Copyright Claim Flops. Next up today, Jonathan Stempel at Reuters reports that a judge has ruled that Vape: The Musical will be allowed to proceed despite a copyright infringement lawsuit filed by the rightsholders of the musical Grease.

Cease and Desist 164

Cease and Desist Music Public Domain Publishing 164

Plagiarism Today

APRIL 27, 2022

On April 13, Ben Dickson at The Next Web received an email from a lawyer with the name Nicole Palmer with the subject “DMCA Copyright Infringement Notice”. First, the subject of DMCA Copyright Infringement Notice is strange. It refers to the Wayback Machine as a “permanent public archive” though it is far from that.

Copyright Infringement 261

Copyright Infringement Public Domain Copyright Copyright Notice 261

Kluwer Copyright Blog

JUNE 19, 2023

Alternatively, the terms and conditions of the online marketplace where the NFT is marketed may state that the sale of the NFT is complemented by an IP rights assignment in the related digital asset, tethering copyright ownership to NFT ownership (the crypto-native approach) (see, for example the Bored Ape Yacht Club ( BAYC )).

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

The IPKat

DECEMBER 31, 2023

This week’s big IP news is the New York Times suing OpenAI and Microsoft for copyright infringement, trademark dilution and other violations of existing laws. As with most current cases related to AI’s copyright infringement, this one will most likely result in the issuance of a landmark ruling. Microsoft Corp.,

Intellectual Property 70

Intellectual Property Intellectual Property Law Public Domain Copyright Infringement 70

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!

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Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. Nonetheless, Shah has not alleged authorship under current Seventh Circuit law and the Court dismisses his copyright infringement claim. (To

Copyright 124

Copyright Fair Use Licensing Ownership 124

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

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. books, articles, poems), artistic works (e.g.,

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Registration Copyright Artistic Work Ownership 52

Trademark and Copyright Law Blog

MARCH 11, 2021

In 1982, Universal filed suit in the Southern District of New York for trademark and copyright infringement , and also threatened, and extracted license fees from, Nintendo’s various US Donkey Kong licensees.

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Public Domain Trademark Copyright Infringement Licensing 98

Intepat

APRIL 18, 2022

Copyrighting your work legally showcases that the work is protected and the applicant is the lawful owner. It provides credit for your work and builds your reputation in public. Besides, People who wish to license your work can get in touch with you, leaving no room to claim that they were unaware that it was your work.

Copyright 52

Copyright Public Domain Registration Ownership 52

TorrentFreak

SEPTEMBER 24, 2021

The site is certainly not a newcomer when it comes to copyright infringement complaints but the scope of the most recent takedown wave is something different. “[T]he demands by Elsevier and ACS resulted in the removal of around 200,000 public files. This can include their own publications.

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Publishing Public Domain Copyright Copyright Infringement 140

Kluwer Copyright Blog

OCTOBER 17, 2023

In a nutshell, generative AI raises two main copyright issues that branch off into further sub-problems which in turn intercept (if not collide with) some fundamental rights, especially freedom of artistic expression, freedom of art and science and the right to science and culture (Arts. 11 and 13 EUCFR , 19 UDHR , 27.1 UDHR, and 15.1

Copyright 124

Copyright Art Copyright Law Licensing 124

Kluwer Copyright Blog

JUNE 8, 2022

Scenario (1): Public Domain. The public domain is arguably the “cheapest” source of data. The main problem with this category is that to enter the public domain underlying works are on average at least 70 years old, and often much older. Scenario (2): Open Licenses. Is this technically plausible?

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Public Domain Licensing Copyright Law Copyright 52

SpicyIP

JULY 17, 2023

The court, however, dismissed the application holding that the impugned film was based on information in the public domain and clarified that the publicity and privacy rights are not heritable and died with the late actor. The plaintiff further argued that he was the lawful successor to the personality rights of the late actor.

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Personality Rights Copyright Patent Copyright Infringement 97

SpicyIP

NOVEMBER 10, 2023

First , the amendment seeks to create an artificial distinction between Piracy and Copyright Act. Lokesh, points out here, that the Act avoids defining ‘Piracy’, which normally means copyright infringement. 243 of ‘ Create Copy or Disrupt ( here). 239 of this ).

Copying 52

Copying Copyright Copyright Infringement Fair Use 52

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? Even better, it’s in the public domain.

Music 104

Music Derivative Work Fair Use Cease and Desist 104

Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v.

Fair Use 103

Fair Use Copyright Law Copyright Law 103

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

Biswajit Sarkar Copyright Blog

MAY 30, 2022

From the above description of NFTs, it may be hard to imagine any copyright related issues as these tokens are metadata files that have been encoded using a piece of work that may or may not be subject to copyright protection. Although in principle, a NFT of a trademark or any work in public domain can be created.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

Biswajit Sarkar Copyright Blog

MAY 30, 2022

From the above description of NFTs, it may be hard to imagine any copyright related issues as these tokens are metadata files that have been encoded using a piece of work that may or may not be subject to copyright protection. Although in principle, a NFT of a trademark or any work in public domain can be created.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

Intepat

SEPTEMBER 15, 2023

Some argue that AI art lacks true originality and creativity, leading to debates about whether it should be eligible for copyright protection or if it should be considered a mere replication of existing content. The need for international standards to ensure consistency in copyright treatment across borders is also gaining momentum.

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Art Copyright Ownership Non-Fungible Tokens 105

IP and Legal Filings

APRIL 20, 2023

AI can explore data or information that is accessible in public domain or copyright of other person and can investigate or work upon that information but only to that extent which the software program permits. [3] Therefore, AI may not equipped for generating an original work. Hence, ownership is not granted to the AI.

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Ownership Moral Rights Public Domain Intellectual Property 59

JIPEL Copyright Blog

MARCH 9, 2022

Perhaps one of the most salient legal issues is whether there is copyright infringement or a violation of the Visual Artists Rights Act of 1990 (“VARA”) in the virtual modification (e.g., addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

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

Technology & Marketing Law Blog

DECEMBER 13, 2023

. — One logical starting point to tell the history of copyright preemption of contracts is to begin with ProCD v. The Second Circuit now takes “a restrictive view” of the extra elements that would make a contract claim qualitatively different from copyright, and therefore not subject to preemption. “[W]e Briarpatch, 373 F.3d

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

Velocity of Content

JULY 8, 2021

As I dug down further on the topic, I ended up tumbling down a bit of a rabbit hole concerning certain nooks & crannies of copyright that I hadn’t known much about; at that point, I thought it might be useful (to some) and interesting (to others) to share them here. Public Domain work. Image Attribution: John Tenniel (1865).

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Copyright Blogging Intellectual Property Registration 81

IP and Legal Filings

JANUARY 29, 2023

It is to be made sufficiently clear that the aforementioned creations ought to be original and independent, rather than a slightly altered version of the creation already in the public domain, to instill looking into the prospects of copyrightability. Re-Examining The Copyright Ownership Of Player Created Content, GNLU L.

Copyright 74

Copyright Ownership Publishing Copyright Infringement 74

Patently-O

APRIL 6, 2023

SAS sued in E.D.Tex for copyright infringement. Judge Gilstrap dismissed the copyright claims — holding that the software was unprotectable. In the filtration analysis, WPL provided a host of evidence to show that these features should be “filtered out” of the SAS copyrights.

Copyright 57

Copyright Copying Copyright Infringement Fair Use 57

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

43(B)log

OCTOBER 4, 2021

Restellini alleged copyright infringement and related claims in connection with WPI’s digitization of certain material about the artist Amodeo Modigliani. WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising.

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False Advertising Artwork IP Advertising 59

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 20 Lakh to Louis Vuitton in a Trademark infringement suit against Club Factory. Comedian Vir Das, Netflix booked for copyright infringement.

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Trademark Patent Copyright Designs 105

Copyright Lately

APRIL 3, 2023

Internet Archive’s “Open Library” Project Historically, copyright owners haven’t pursued infringement actions against the relatively few libraries that have implemented some form of CDL, leaving the model legally untested in court. million additional books protected by valid copyrights.

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Fair Use Copying Publishing Copyright 69

Copyright Lately

OCTOBER 25, 2021

But Lewis thought the song was a rip-off of “I Want a New Drug” and asserted a copyright infringement claim against Columbia Pictures. ” In 2004, video game publisher Capcom contacted MKR, the film’s producer, to inquire about about obtaining a license to use elements from the film in one of its games.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

Kluwer Copyright Blog

APRIL 25, 2024

Lawyer Maya Madeiros explained to the Committee that copyright law had the potential to become a serious obstacle to AI’s development: AI learns to think by reading, listening and viewing data, which can include copyrighted works such as images, video, text and other data.… data —reside).

Copyright 70

Copyright Government Copyright Law Reporting 70

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.

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Designs Design Cease and Desist Art 105