Technology & Marketing Law Blog

OCTOBER 19, 2021

As a result, the legal issues rarely are litigated any more. * * *. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? ” No, that’s exactly what the derivative work right covers, and it’s the exact issue litigated in the old WhenU cases.

Licensing 90

Licensing Copyright Contracts Advertising 90

43(B)log

FEBRUARY 3, 2023

Much of the litigation thus turns on what it means for a similarity to be probative of copying. In 1963, Disney expressed skepticism about monopoly aspects of extended term and “expressed doubt that Congress would approve a longer ownership period.” Mostly music infringement. Authors’ groups were proponents.

Copyright 59

Copyright Copying Music Fair Use 59

Technology & Marketing Law Blog

JANUARY 12, 2024

The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases. ” Domain names are also intangible, as are the records documenting domain name ownership, yet the court held they were capable of being converted. Why are we revisiting this crusty old topic? ” That’s true.

Copying 76

Copying Ownership Derivative Work Contracts 76

43(B)log

AUGUST 3, 2023

Harper & Row gets litigated as a First Amendment/free press case by Floyd Abrams; Court relies on Nimmer. Court chose to rule quite narrowly in part b/c of concessions during litigation. Fair use is a failure b/c the only way to know if something is fair or not is to litigate to the Supreme Court, and you might not know even then.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

43(B)log

FEBRUARY 4, 2023

Hughes: increasing registrations for women at the © office compared to other metrics where women are disadvantaged—ownership of stock, real property, presence on corporate boards, patent ownership which then translates to being in a startup. Mailyn Fidler, Cross-Racial Copyright Litigation in Music: Only a Paper Moon?

Copyright 64

Copyright Editing Settlement Music 64

Kluwer Copyright Blog

JUNE 7, 2023

is non-alienable and, therefore, is still very beneficial to authors, despite its evident shortcomings (such as the exclusion of “works for hire” and derivative works, as well as the requirement of notice from the author to effect the termination rights). By contrast, the 35-year termination right in the U.S

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

Kluwer Copyright Blog

MAY 9, 2023

Does such an output infringe on a copyrighted work of a third party, especially those works “ingested” during the training stage of the AI system? Under US law, is the output a “ derivative work ” of the “ingested” copyrighted works?

Copyright 137

Copyright Fair Use Copyright Law Law 137

43(B)log

FEBRUARY 4, 2023

A relatively new willingness to litigate, but lack of awareness/understanding of copyright law in Carribean is a barrier. Risk of strategic litigation; most restrictive jurisdiction prevails, leading to race to the bottom. Motivation for © owners to change how they view ownership? Is fair use/fair dealing the answer?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

LexBlog IP

JULY 21, 2021

Patent and Trademark Office granted ownership of the word “Jesus” to Jesus Jeans, owned by a publicly traded Italian company, BasicNet, giving the company exclusive rights in America to sell clothing bearing the name “Jesus.” ” (at page 9 and 13). .” World Intellect. 75, 79 (2020). ” Id. at 138-139.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

LexBlog IP

APRIL 13, 2022

3] An announcement on SuperFarm’s website noted that the sale would occur on the Ethereum blockchain, and that the auction was significant because it would “set a precedent for how artistically created value and its ownership can be proven, transferred, and monetized seamlessly through a public blockchain.” [4]. Miramax LLC v.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

43(B)log

AUGUST 11, 2022

common ownership are reciprocal. And it’s not really joint ownership in the real property sense b/c there is always a way out of joint ownership—severance to turn it into tenancy in common, which limits the costs that holdout joint owners can impose on each other. Also: what about derivative works?

Music 56

Music Copyright Ownership Derivative Work 56

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. 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”?

Copyright 121

Copyright Blogging Publishing Fair Use 121

LexBlog IP

JANUARY 10, 2024

That then plays off the rest of the title’s allusions to separating “subjects” from the “predicates” of copyright ownership, themselves words connoting the foundational elements of both “ any complete sentence ” and at times a court’s jurisdiction over infringement matters. ’” Id.

Ownership 52

Ownership Copyright Government Intellectual Property 52