The IPKat

SEPTEMBER 21, 2022

While many Congress attendees from around the world lined up for the Unified Patent Court boot camp and mock trial panels, this Katfriend opted to sample the day’s selection of soft IP offerings. The question of transformative fair use at the heart of Andy Warhol Foundation for the Visual Arts, Inc.

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IP Reporting Designs Design 76

IP and Legal Filings

OCTOBER 12, 2023

Introduction India has a rich culinary legacy, in recent times, the growth of Indian cuisine has seen a tremendous commercial surge both domestically and internationally which has led to an increased need for the protection of recipes to ensure their authenticity and provide ownership rights to the actual creator of the recipe.

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Copyright Intellectual Property Ownership Fair Use 91

IP Intelligence

SEPTEMBER 20, 2023

If restrictions are placed on the fair use defense and/or a compulsory licensing regime implemented for models that used copyrighted content, such restrictions might apply to computer vision models that enable surgical robotics and autonomous vehicles. AI is in many ways a creature of copyright.

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SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. The decisions in the second category, i.e., Top 10 IP Cases/Judgements (Jurisprudence/Legal Lucidity) reflect those that we thought showed a fair bit of jurisprudential rigour and/or legal lucidity.

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IPilogue

NOVEMBER 30, 2022

On November 9, IP Osgoode, Reichman University and Microsoft hosted the first in-person Bracing for Impact Conference since 2019. The speakers at IP Osgoode’s Bracing for Impact Conference: The Future of AI for Society told many stories and pondered many questions. Photo by Buda Photography.

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Art Copyright Moral Rights Fair Use 106

CoCal IP Law Institute

NOVEMBER 8, 2023

Please join us on Monday, November 13, 2023 at Noon, where we will discuss the issue of master ownership and the legal copyright conflicts between record labels and artists. Taylor Swift may be the first to make this copyright issue truly public, leaving fans wondering who really owns Swift's music and why. She says she [.]

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Copyright Law Copyright Ownership Law 52

LexBlog IP

NOVEMBER 2, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Additional Guidance: Subsequent to the initial guidelines, the Executive Order requires the USPTO Director, by July 2024, to issue further guidance on other considerations “at the intersection of AI and IP.”

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Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Additional Guidance: Subsequent to the initial guidelines, the Executive Order requires the USPTO Director, by July 2024, to issue further guidance on other considerations “at the intersection of AI and IP.”

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Copyright Intellectual Property Fair Use IP 52

Trading Secrets

NOVEMBER 2, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Additional Guidance: Subsequent to the initial guidelines, the Executive Order requires the USPTO Director, by July 2024, to issue further guidance on other considerations “at the intersection of AI and IP.”

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Copyright Intellectual Property Fair Use IP 52

IPilogue

JUNE 21, 2022

This case has the potential to define the scope of trademark rights against unauthorized uses in the world of NFTs. NFTs are unique digital assets that are digital representations of ownership of real-world items. The Nike Suit. Recent Developments. This distinction may be StockX’s attempt to distinguish themselves from Hermès Int’l v.

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Non-Fungible Tokens Ownership False Advertising Fair Use 116

IIPRD

FEBRUARY 25, 2022

NFTs have indeed transformed the world of digital assets and ownership, with sales as high as $2.47bn only 6 months into 2021. Tokenisation and Ownership of Digital Assets under NFTs. This concurrence of NFTs and IP has resulted in numerous issues, some of them are discussed hereunder. IP Implications under NFTs.

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Non-Fungible Tokens IP Ownership Intellectual Property 40

TorrentFreak

MAY 26, 2023

Instagram was one of the recipients but, instead of taking immediate action, the platform asked for proof of ownership. The company responded to this correspondence with relevant ownership documents but, apparently, Instagram still wasn’t convinced. Alternatively, they may be classified as fair use.

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Social Media Copyright Infringement Ownership Fair Use 120

LexBlog IP

NOVEMBER 29, 2023

Because ownership of original works, like a tattoo, vests with the author (here the tattoo artist), the tattoo artist owned the copyright in the tattoo, even though it was physically on the someone else’s body. Netflix moved to dismiss the complaint on, among other grounds, fair use. Lynn Goldsmith, et al. , Koons , 467 F.3d

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Fair Use Cease and Desist Social Media Art 52

Technology & Marketing Law Blog

AUGUST 8, 2021

The video depicted its award as the well-known Emmy statuette with a coronavirus replacing the atom in the holder’s hands: The Television Academies, who own the IP rights to the statuette, targeted the video with a DMCA notice to YouTube, which YouTube honored. Copyright Infringement/Fair Use. Goodman counternoticed.

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Fair Use Television Cease and Desist Copyright 130

LexBlog IP

SEPTEMBER 15, 2022

NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items. Transfers of rights: How does the transfer of an NFT impact IP rights in the associated asset? Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context?

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IP Non-Fungible Tokens Artwork Intellectual Property 52

IPilogue

OCTOBER 1, 2022

Fischer found triable issues on substantial similarity and fair use. Kat Von D argues that the use of the photograph in creating the tattoo is fair use because the tattoo is transformative for three reasons. On May 31, 2022, Judge Dale S. Background. The decision on Kat Von D’s tattoo could be delayed until the U.

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Copyright Infringement Fair Use Art Copyright 130

LexBlog IP

SEPTEMBER 21, 2023

” OpenAI claimed that the authors “misconceive the scope of copyright, failing to take into account the limitations and exceptions (including fair use) that properly leave room for innovations like the large language models now at the forefront of artificial intelligence.”

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Copyright Infringement Copyright Fair Use Derivative Work 52

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law.

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Art Artwork Intellectual Property Copyright Law 52

Technology & Marketing Law Blog

JULY 5, 2022

Soon after, an entity called Bayside asserted copyright ownership of the photos and sent 512(c)(3) takedown notices to Twitter followed by a 512(h) subpoena to unmask CallMeMoneyBags. ” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ).

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The IP Law Blog

SEPTEMBER 14, 2023

Allen also argued that “the Office is placing a value judgment on the utility of various tools” and denying copyright protection for works produced by them “would result in a void of ownership.” Therefore, the fact that not all works of authorship qualify for copyright protection does “not create a ‘troubling’ void of ownership.”

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Art Copyright Registration Fair Use 120

IP and Legal Filings

NOVEMBER 11, 2022

Though your work is automatically protected by copyright the moment it is created, voluntary registration will provide proof of ownership, which can save you time and money in case of a dispute later on. For example, quoting a small portion of a work in a scholarly article is considered non-infringing fair use. Conclusion.

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Copyright Fair Use Registration Ownership 52

Technology & Marketing Law Blog

NOVEMBER 21, 2021

When I’ve spoken about emoji IP before, I’ve indicated that animated emojis would be treated like (very) short videos for copyrightability purposes. Copyright Owner Claims Ownership Over Depicting Emoji Symbols in Multiple Colors–Cub Club v. More Evidence That IP Law Protects Individual Emoji Depictions–Nirvana v.

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Copyright Registration Fair Use Designs 118

IP and Legal Filings

SEPTEMBER 29, 2021

Initially, the District Court adjudicated that Napster’s file-sharing service did not fall under the ambit of fair use. While it was acknowledged that Napster’s system was not created to check for copyright ownership or permissions of the digital assets, the infringing files were searchable by Napster.

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43(B)log

FEBRUARY 4, 2023

Justin Koo, Exporting Fair Use to Developing Copyright Systems Difficult to grow when the law doesn’t have flexibility—across the Commonwealth Carribean. Either involuntarily imposed on us or adopted from UK w/o adaptation to local needs/lack of resources in former colonies. Will importing fair use solve any problems?

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Copyright Fair Use Privacy Derivative Work 59

SpicyIP

JULY 29, 2021

As most readers must be aware by now, the Parliamentary Standing Committee Report on India’s IP regime has revealed a problematic, maximalist approach to IP protection, showing no more than a tokenistic appreciation of public interest considerations. According to the AISHE Report 2019-20, 66.3% Bench decision).

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Copyright Reporting Fair Use Copyright Law 119

LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1]

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Licensing Fair Use Copyright Derivative Work 52

43(B)log

AUGUST 11, 2022

International IP Infringement as Artefact: The Curious Case of Paramount Pictures v Rup Kamal Chitra Arpan Banerjee Film industry 60 years ago was not seen as respectable industry in India: female actors were considered sex workers. Another use: branding function for purposes of parody/humorously assert rights or ownership.

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IP Copying Marketing Marketing 72

43(B)log

AUGUST 11, 2022

Co-authorship in Comparative Perspective: Intentions, Relations, and Implications Carys Craig, Luke McDonagh, and Daniele Simone Looking at joint authorship in UK, Canada, US, Australia. A good moment to revisit the question now that there’s a renewed focus on IP and social justice/race and gender, and authorship in the context of AI.

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Music Copyright Ownership Derivative Work 56

LexBlog IP

JULY 12, 2023

Ownership of a registered trademark may not be enough to claim an account. Platforms will typically also consider how a name is being used, including whether the name might be used in accordance with fair use principles.

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Social Media Branding Brands Branding 52

Copyright Lately

AUGUST 2, 2022

And unlike the vast majority of songwriters and performing artists who have relinquished ownership rights to musical publishers and record labels, Barlow & Bear decided to release “The Unofficial Bridgerton Musical” themselves, which means keeping more of the earnings. A Musical Parody ” and “ Friends!

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Music Derivative Work Fair Use Cease and Desist 102

IP and Legal Filings

SEPTEMBER 30, 2022

Even presently, user creation and ownership of valuable assets and currencies contribute to developing a unified metaverse, which includes VR Technology, Augmented Reality, virtual currencies, NFTs, and other similar technologies. Artists are using virtual reality and augmented reality to create previously unimagined artworks.

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Kluwer Copyright Blog

OCTOBER 17, 2023

These litigations might have convinced the European legislator to deal with the issue in the proposal for a regulation laying down harmonized rules on Artificial Intelligence (‘ Artificial Intelligence Act’ or ‘AIA’), recently introducing a provision to address the issue of transparency with regard to the works used in the machine learning process.

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Copyright Art Copyright Law Licensing 123

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. Said: ownership records; interview a few repeat players. Would it allow fair use?

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Copyright Editing Settlement Music 64

SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. Her previous posts on the blog can be viewed here , here , here and here.

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Copyright Copyright Law Ownership Copyright Infringement 105

LexBlog IP

DECEMBER 6, 2021

When considering how to secure your software product from potential theft or infringement, it is essential to understand the key forms of legal protection offered under Intellectual Property (IP) law. Non-disclosure Agreements (NDAs) for Ownership. A trademark cannot be used to protect an invention, coding, or software program.

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43(B)log

OCTOBER 4, 2021

The court found that this was nominative fair use, which provides a defense in the Ninth Circuit when a trademarked product or service isn’t readily identifable without use of the mark, the use is no greater than necessary, and the defendant does nothing else to suggest confusion.

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IP Trademark Advertising Advertising 94

Likelihood of Confusion

AUGUST 5, 2021

We wrote in the past about the bogus “right of publicity” issue and the unsuccessful attempt by major league sports to claim ownership in statistics and grab a piece of. The post More fantasy sports litigation appeared first on LIKELIHOOD OF CONFUSION™.

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