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 95

Kluwer Copyright Blog

NOVEMBER 15, 2022

Recent appellate decisions in the United States have recognized expanded grounds for personal jurisdiction in cases of internet-based copyright infringements; divided on the extent to which the three-year statute of limitations limits damage recoveries; and increased the occasions for motions to dismiss on the ground of fair use.

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Copyright Fair Use Copyright Infringement Ownership 60

Technology & Marketing Law Blog

MAY 27, 2023

” I sense the court was overwhelmed by the complexity of music licensing, where there are layers upon layers of agreements over the initial ownership of the work, subsequent ownership transfers, distribution licenses, designations of enforcement agents, and voluntary uploads of the works by one or more people in the chain.

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Ownership Licensing Copyright Fair Use 64

IP and Legal Filings

SEPTEMBER 29, 2021

Napster was an online platform used to download and access compressed digital music files in MP3 formats, making it one of the most popular peer to peer services in 1999. Napster gained immense popularity due to the fact that it was one of the most accessible services to use. The lawsuit, A&M Records, Inc. Napster Inc.,

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Fair Use Music Copying Copyright 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

The IP Law Blog

SEPTEMBER 14, 2023

According to the guidance, the Office considers “whether the ‘work’ is basically one of human authorship, with the computer [or other device] merely being an assisting instrument, or whether the traditional elements of authorship in the work (literary, artistic, or musical expression or elements of selection, arrangement, etc.)

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Art Copyright Registration Fair Use 120

Technology & Marketing Law Blog

AUGUST 8, 2021

Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use. The Crony graphic also doesn’t qualify for fair use: Nature of Use. The court rejects Goodman’s motion to dismiss.

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Fair Use Television Cease and Desist Copyright 129

Technology & Marketing Law Blog

APRIL 1, 2023

Construing these allegations as true and in Service’s favor, Service subjectively believed that he possessed an ownership interest and that he never approved the Comedy Dynamics deal. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership. Federici * Biosafe-One v.

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Fair Use Cease and Desist Contracts Ownership 101

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. Stability AI, three artists filed a claim on the basis that their work was used by the AI to train the algorithm and use them in a transformative manner to create new work. [5]

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Art Artwork Intellectual Property Copyright Law 52

Technology & Marketing Law Blog

MARCH 6, 2022

“Plaintiff’s takedown letters and supporting document establish facially plausible claims of infringement, and Babybus does not allege a plausible basis for a fair use defense.” Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

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Fair Use Cease and Desist Copying Copyright Infringement 95

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Prior Posts on Section 512(f) * 512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

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Fair Use Cease and Desist Copyright Ownership 63

Technology & Marketing Law Blog

APRIL 29, 2023

Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

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Fair Use Cease and Desist Copyright Trademark 96

Technology & Marketing Law Blog

DECEMBER 5, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein. * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

Marketing 74

Marketing Marketing Cease and Desist Fair Use 74

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

OCTOBER 4, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein. * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

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Cease and Desist Fair Use Copyright Blogging 84

SpicyIP

JULY 29, 2021

Historically, the exceptions for teaching, education and research have never been qualified by the nature of ownership of the institution where the use of the work is carried out. To put things in perspective, even the most IP-friendly jurisdiction of US in Cambridge v. According to the AISHE Report 2019-20, 66.3%

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Copyright Reporting Fair Use Copyright Law 119

Technology & Marketing Law Blog

MARCH 15, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein. * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

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Copyright Cease and Desist Fair Use Litigation 126

Technology & Marketing Law Blog

AUGUST 18, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein. * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

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Fair Use Cease and Desist Copyright Blogging 103

Patently-O

SEPTEMBER 1, 2023

Generative AI models produce outputs like text, art, music, and video that appear highly creative and would certainly meet copyright’s originality standard if created by natural people. Although the notice focuses on copyrightability, ownership questions will also come into play.

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Copyright Copying Derivative Work Licensing 120

Technology & Marketing Law Blog

MAY 30, 2022

The Rusty Krab court expands upon these points in its subsequent section detailing findings of law, but its discussion is fairly conclusory, mainly comprising maxims about what a parody is and isn’t rather than specific discussion of the defendants’ use and why it fails to qualify.

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Blogging Social Media Television Fair Use 90

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content.

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Ownership Copyright Fair Use Intellectual Property 52

43(B)log

FEBRUARY 3, 2023

Mostly music infringement. Calculate total number of six note sequences in music? Some will occur more often than others due to how music works? In 1963, Disney expressed skepticism about monopoly aspects of extended term and “expressed doubt that Congress would approve a longer ownership period.” legal history.

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Copyright Copying Music Fair Use 59

LexBlog IP

SEPTEMBER 14, 2023

According to the guidance, the Office considers “whether the ‘work’ is basically one of human authorship, with the computer [or other device] merely being an assisting instrument, or whether the traditional elements of authorship in the work (literary, artistic, or musical expression or elements of selection, arrangement, etc.)

Art 52

Art Copyright Registration Fair Use 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

The court also credits the self-serving claim by the successor licensee that it considered fair use by comparing the works and evaluating if the works were being sold commercially or for other purposes. Tierra Caliente Music Group SA v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Registration 110

Registration Fair Use Copyright Designs 110

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. However, the issues of trademark infringement and fair use are fended off under the garb of interpretation and protection of art.

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Non-Fungible Tokens IP Ownership Intellectual Property 40

Kluwer Copyright Blog

OCTOBER 17, 2023

ChatGPT , Smodin ), to perform music (i.e., Also, the technical feasibility needs to be confirmed as algorithms can be trained from an immense variety of sources and it might not always be easy to determine precisely which sources have been used. AIVA, Beatoven , Soundful ), to draw images (i.e., Deepbrain AI , Veed.io ).

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Copyright Art Copyright Law Licensing 124

SpicyIP

MAY 18, 2022

As is being argued in the Nike case, it may also be argued that virtual goods are nothing but a representation / proof of ownership of a physical product.

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Non-Fungible Tokens Trademark Artwork Art 122

SpicyIP

FEBRUARY 27, 2024

The question of ownership in the virtual world, particularly in video games, has long been debated. On the trademark side, relevant is this post by Bhavya Solanki and Medha Bhatt discussing the applicability of the fair use provisions of trademark law to the unauthorized use of trademarks in the virtual world.

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Non-Fungible Tokens Copyright Business Moral Rights 59

43(B)log

AUGUST 4, 2023

Regulating terms of trade also permitted, including © ownership/exclusivity/restricting investment in local productions. Rachel Landy, The Innovation Void in Downstream Content Markets Music: Same product, at same price, from three main companies in our lives plus Spotify. Many uses are noninfringing but not subject of direct case law.

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Copyright Fair Use Marketing Marketing 52

43(B)log

FEBRUARY 18, 2022

Example: Oratone speaker, used to detect flaws in music recording to find how it needs to be balanced. Company claimed to revive an abandoned mark, which allowed them to use marketing materials from the original company and used the original model numbers: leads to a lot of deception. Struggling w/where this stops.

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Trademark False Advertising Fair Use Branding 59

43(B)log

AUGUST 4, 2021

Cathay Smith: Do you foresee a point in time at which an AI might be able to make a fair use/fair dealing decision in the moment? Consider example of police officers playing music to deter online posting of video of their actions—exploiting the automated systems. EFF doesn’t want fair use cases in the system; MPAA does.

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Copyright Trademark Copying Fair Use 90

LexBlog IP

SEPTEMBER 15, 2022

NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items. In the meantime, the lines are still blurry between creative freedom, artistic value, fair use, ownership, marketplace competition, and commercialism in the digital age—at least with respect to NFTs.

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IP Non-Fungible Tokens Artwork Intellectual Property 52

43(B)log

JUNE 26, 2023

It developed the show with Big Fish, but the parties agreed that A&E would have exclusive ownership of the rights in Live PD. “In I think the court expects nominative fair use to take care of this, and that’s plenty defensible.) What about nominative fair use?

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Social Media Copying Fair Use Advertising 59

Kluwer Copyright Blog

JUNE 9, 2022

In interpreting these provisions, the Commission’s Guidance (COM/2021/288 final) states that information is considered “relevant” if it is at least “accurate about the rights ownership of the particular work or subject matter in question”. fingerprinting” and “metadata-based solutions”).

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Technology Marketing Marketing Copyright 96

JIPEL Copyright Blog

APRIL 13, 2022

A German professor of music theory received Content ID Claims for recordings in the public domain uploaded by his YouTube channels. Trendacosta’s article is just one example of criticism against the Content ID system. Trendacosta’s article is just one example of criticism against the Content ID system.

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Copyright Public Domain Fair Use Ownership 40

TorrentFreak

APRIL 12, 2024

Released on Wednesday, the astonishing Udio produces music from written prompts and seamlessly integrates user-supplied lyrics, regardless of how personal, frivolous, or unsuitable for work they are. If the court finds in favor of fair use, it seems likely that no copyright holders will receive compensation.

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Copyright Music Fair Use Reporting 93

43(B)log

FEBRUARY 4, 2023

Music sampling: the tapestry/raw materials of early hip-hop practice make those kinds of works works assets that can’t attract investment. are scenes a faire. Indian classical music: Raga system is the basic framework for composition and improvisation. Mailyn Fidler, Cross-Racial Copyright Litigation in Music: Only a Paper Moon?

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Copyright Editing Settlement Music 64