IP and Legal Filings

APRIL 19, 2022

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957.

Copyright Law 71

Copyright Law Copyright Law Copyright Infringement 71

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

Derivative Work 106

Derivative Work Copyright Law Copyright Law 106

The IP Law Blog

MARCH 2, 2023

Getty Images alleges that Stability’s actions constitute copyright infringement, false copyright management information, removal or alteration of copyright management information, trademark infringement, unfair competition, trademark dilution, and deceptive trade practices under Delaware law.

Copyright Infringement 104

Copyright Infringement Copyright Fair Use Technology 104

LexBlog IP

DECEMBER 29, 2023

Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. 3: What Now for Fair Use After Warhol v. Goldsmith The U.S. Supreme Court ruled in Andy Warhol Foundation v.

False Advertising 52

False Advertising Intellectual Property Fair Use Music 52

LexBlog IP

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. The case will determine the proper balance between trademark rights and free speech.

Copyright 52

Copyright Trademark Fair Use Contracts 52

The IPKat

JULY 22, 2021

Katfriend Dr Sabine Jacques , Associate Professor in IP, IT & Media law at the University of East Anglia and author of The Parody Exception in Copyright Law (OUP 2019), provides the follow review of The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity – by Martin Senftleben.

Trademark 57

Trademark Public Domain Copyright Cease and Desist 57

Trademark and Copyright Law Blog

JULY 9, 2020

On June 30, amidst the traditional flurry of end-of-term opinions, the Supreme Court issued its decision in the first case to have been argued before it via teleconference, United States Patent and Trademark Office et al. Yes, Booking.com can now obtain a federal trademark registration and can use the ® symbol with its mark.

Trademark 93

Trademark Registration Trademark Law Fair Use 93

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs are unique tokens based on blockchain technology and used as digital assets. NFTs also may embody or use trademarks.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

NOVEMBER 28, 2023

Meme Culture Meets Copyright Law: A Guide for Businesses & Creators Memes, often humorous media fragments that spread rapidly through online sharing, are a global phenomenon that have made their way into mainstream culture. Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here?

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

Velocity of Content

MARCH 16, 2023

Regardless, as of this writing there are now five cases that may provide some clarity on this less frequently discussed but foundational issue of the unauthorized use of copyrighted materials as training data for AI (I use “AI” here as a shorthand which also includes text and data mining and machine learning).

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Kluwer Copyright Blog

AUGUST 13, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. A full summary of this case has been published on Kluwer IP Law. by Tito Rendas. € by Martin Senftleben. €

Art 52

Art Fair Use Copyright Copyright Infringement 52

Kluwer Copyright Blog

AUGUST 12, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. A full summary of this case has been published on Kluwer IP Law. by Tito Rendas. € by Martin Senftleben. €

Art 52

Art Fair Use Copyright Copyright Infringement 52

Kluwer Copyright Blog

JUNE 24, 2021

A documentary film’s incorporation of an eight-second excerpt of the children’s song “Fish Sticks n’ Tater Tots” was a noninfringing fair use, the U.S. A full summary of this case has been published on Kluwer IP Law. Court of Appeals in New York City has held. by Tito Rendas. € by Martin Senftleben. €

Copyright 83

Copyright Fair Use Copyright Law Publishing 83

LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs are unique tokens based on blockchain technology and used as digital assets. NFTs also may embody or use trademarks.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Likelihood of Confusion

AUGUST 25, 2023

From last week’s INTA Trademark Topics email discussion list. The post Best of 2010: Trademarks, copyright, brand equity, and rent-seeking: Soapbox 2010 appeared first on LIKELIHOOD OF CONFUSION™. First posted on January 17, 2010. One name has been changed to protect the innocent, and the links, by way of.

Branding 52

Branding Brands Branding Trademark 52

Kashishipr

MAY 25, 2021

Such a license would enable using the resources held by owners of the CC Licenses to the extent of editing, remixing, copying, and distributing the work without circumventing the copyright law. Blogging and Fair Use. It can be used freely by anyone. Trademarking a Blog.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

IP and Legal Filings

JULY 31, 2021

and Greenpeace Australia Pacific regarding the dispute between alleged trademark and copyright infringement by Greenpeace. Greenpeace in its May 2021 campaign where it protested against AGL’s use of coal-burning power station has used AGL’s logo in the same. Defense of Fair dealing.

Social Media 98

Social Media Fair Use Copyright Copyright Law 98

LexBlog IP

JUNE 10, 2022

Goldsmith , the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law. This marks the Supreme Court’s second foray into copyright fair use in two years after decades of silence on the matter. Understanding the Fair Use Doctrine.

Fair Use 52

Fair Use Intellectual Property Copyright Copyright Infringement 52

IPilogue

DECEMBER 13, 2022

The question of whether Warhol’s Prince silkscreens may be considered fair use has now made its way up to the US Supreme Court, and on October 12th of this year, oral arguments were heard from both sides.

Art 79

Art Fair Use Intellectual Property Licensing 79

LexBlog IP

MARCH 2, 2023

Getty Images alleges that Stability’s actions constitute copyright infringement, false copyright management information, removal or alteration of copyright management information, trademark infringement, unfair competition, trademark dilution, and deceptive trade practices under Delaware law.

Copyright Infringement 40

Copyright Infringement Copyright Fair Use Technology 40

IPilogue

OCTOBER 28, 2021

Copyright Creeping into Costumes. In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Copyright Lately

MAY 17, 2021

Parody is tricky, both as an art form and as a matter of copyright law. And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. Did SNL go too far?

Fair Use 96

Fair Use Copying Television Social Media 96

Trademark and Copyright Law Blog

APRIL 21, 2021

Google responded that access to this software language is crucial to innovation in technology and software programming, and should be considered fair use. Justice Breyer, writing for the majority, concluded that Google’s use of the Java code was protected under fair use.

Copying 40

Copying Fair Use Copyright Marketing 40

LexBlog IP

JULY 17, 2023

These are all questions that complicate copyright laws which require that a work be original in order to be protected intellectual property. Authorship Attributing authorship is essential to determining who has legal rights to the intellectual property in question and who is entitled to copyright protections.

Intellectual Property 52

Intellectual Property Art Artwork Moral Rights 52

Copyright Lately

MAY 1, 2023

First of all, in terms of copyright, to reiterate our very clearly articulated position. sophisticated generative AI that’s enabled by large language models, which trains on our intellectual property, violates copyright law in several ways. copyright law really doesn’t seem to give UMG a ton of options.

Music 85

Music Copyright Copying Copyright Law 85

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. Netflix disagrees.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

Kashishipr

OCTOBER 27, 2021

Copyright and APIs. Copyright is the most obvious and preferred choice for protecting an API due to the basic reasons that it is permissible within the copyright laws of different nations. Google , the Federal Circuit Court held that the Java API in question was copyrightable. In the landmark case of Oracle v.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Law Fair Use 98

LexBlog IP

MARCH 22, 2023

Several recent, high-profile lawsuits raise the issue of whether such training algorithms violate copyright law’s restrictions on creating derivative works without the creators’ consent. Two Recent GAI Cases Two recent cases highlight potential copyright issues implicated in the use of GAI tools.

Derivative Work 59

Derivative Work Copyright Fair Use Copyright Law 59

The IPKat

FEBRUARY 21, 2024

Depending on what the CJEU has to say about 'due cause', it may even be worth considering whether 'due cause' could become akin to an opening clause in the trade mark system, which could serve to construe relevant defences (similar to, e.g., 'fair dealing’ under UK copyright law) and potentially even exceed them (like some sort of ‘fair use’).

Art 61

Art Copyright Law Fair Use Intellectual Property 61

IP and Legal Filings

NOVEMBER 11, 2022

In China, certain reasonable or personal use of copyrighted works without permission or remuneration is permitted where the use falls within the scope of fair use. For example, quoting a small portion of a work in a scholarly article is considered non-infringing fair use. Twitter.

Copyright 52

Copyright Fair Use Registration Ownership 52

Kluwer Copyright Blog

NOVEMBER 26, 2023

Copyright Office and the U.S. Patent and Trademark Office held a conference on machine learning and copyright law (see “ Copyright Law and Machine Learning for AI: Where Are We and Where Are We Going ?”). Then, on 26 October 2021, the U.S. Against this background, in early 2023, the U.S.

Registration 59

Registration Copyright Law Artwork Copyright 59

Likelihood of Confusion

JANUARY 24, 2022

The post Online use of trademarks and copyrights by “unauthorized distributors” appeared first on LIKELIHOOD OF CONFUSION™. LIKELIHOOD OF CONFUSION does not generally comment about active cases in which we are directly involved. But a very important and detailed (61 pages!) summary judgment decision came down in.

Copyright 40

Copyright Trademark Fair Use Copyright Law 40

SpicyIP

MARCH 10, 2023

It is capable of writing articles, translating, summarizing and answering follow-up questions and can also create content that can be protected under copyright law. When used in a manner that is commercial or public, the Output might not even qualify as fair use, unless it is sufficiently transformative.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

SpicyIP

JUNE 19, 2022

Jentham : ( continuing Nya’s idea ) For e.g. take the ‘Free Speech – Copyright – Fair use’ relationship: when the focus is on ‘right’, we may just overlook that (as some would argue) free speech is to copyright, as copyright is to fair use. against whom? for how long? in what situations?,

IP 119

IP Fair Use Invention Copyright 119

IPilogue

DECEMBER 20, 2021

Luckily for most cosplayers, their costumes likely do not infringe copyright laws. In both the United States and Canada , costumes do not fall under copyright protection given their classification as “useful articles.”

Copyright 122

Copyright Television Copyright Infringement Derivative Work 122

SpicyIP

NOVEMBER 17, 2023

This liberty to benefit from one’s intellectual creation gives rise to a bundle of rights related to intellectual property, including, Patents, Copyrights, Trademarks, Geographical Indications, among others. The course is being supported by Texas A&M University School of Law.

Intellectual Property 105

Intellectual Property Technology IP Law 105

IIPRD

SEPTEMBER 29, 2022

RIGHTS PROTECTED : Under this law Copyright law protects the copyright of authors, musicians, etc. Copyright is essentially a right to copy. Copyright is a term describing rights given to creators for their literary and artistic works. Internet technology is developing faster than the laws that govern it.

Copyright 52

Copyright Intellectual Property Copying Music 52