IPilogue

JANUARY 20, 2022

Claire Wortsman is an IPilogue Senior Editor and a 2L JD Candidate at Osgoode Hall Law School. For North American museums with works still under copyright, the 2017 publication Guidelines for the Use of Copyrighted Materials and Works of Art by Art Museums by the Association of Art Museum Directors will come in handy. and the U.S.

Marketing 111

Marketing Marketing Public Domain Moral Rights 111

The IPKat

JUNE 12, 2024

The Hungarian court considered the creation of such designs to be no more than a routine engineering and design activity, which serves to extend with ever more additional alternative elements the toy building set system, which is in the public domain following the expiry of LEGO’s patent protection. 8(2) CDR (Art.

Designs 61

Designs Design Art Law 61

IP and Legal Filings

OCTOBER 4, 2022

billion fine issued by the European Commission and considering the lack of a consolidated competition law in the UAE, businesses here may have been excused for being tempted to focus only on their competitive activities related to operations in Europe. However, with the publication on 23 October 2012 of UAE Federal Law No.

Intellectual Property 52

Intellectual Property Law Business Designs 52

Plagiarism Today

MAY 11, 2022

First off today, Gene Maddaus at Variety reports that Senator Josh Hawley has introduced a bill that aims to drastically rewrite copyright law in the United States, rolling back the term of copyright to just 28 years with the option for renewal for another 28. According to Sen.

Plagiarism 190

Plagiarism Public Domain Copyright Law Copyright 190

Kluwer Copyright Blog

APRIL 5, 2023

The Court applies Italian law cross-border to the unitary set of conducts, based on an economic-functional link among all company divisions, indicating as the main criterion of connection with Italian jurisdiction the forum damni ex Article 20 of the Italian code of civil procedure (c.p.c.), 15 B.C.).

Public Domain 98

Public Domain Copyright Law Artwork 98

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

Kluwer Copyright Blog

JUNE 30, 2021

The court found that three out of four fair use factors i.e. the purpose and character of the use, the amount and substantiality of the portion used, and the effect on the potential market, weighed in favor of fair use (with the remaining factor, i.e. the nature of the copyrighted work, being considered neutral and favoring neither party).

Fair Use 102

Fair Use Copyright Law Copyright Law 102

Larson & Larson

JUNE 21, 2021

Copyright law provides a safeguard against copyright infringement. The publication date, for instance, plays a considerable role in copyright protection. Copyright law provides that for any work published after 1977, the copyright protection will last during the author’s lifetime plus an additional seventy years. .

Copyright Infringement 52

Copyright Infringement Copyright Law Copyright Law 52

Kluwer Copyright Blog

APRIL 29, 2024

Image via Staatliche Museen, Berlin, Gemäldegalerie / Christoph Schmidt Public Domain Mark 1.0 For more than seven decades, international law has consistently led countries to embrace culture as a global and cross-border value for humanity.

Public Domain 128

Public Domain Artwork Copyright Marketing 128

Kluwer Copyright Blog

FEBRUARY 22, 2022

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. Public Domain. In a wider sense, what is public and what is private has important innovation and societal effects.

Copyright 52

Copyright Public Domain Marketing Marketing 52

43(B)log

AUGUST 4, 2023

Changes to IP rules on their own in our world may have little effect on whether we go towards the good vision or the bad—cloud computing, network effects that cause convergence on a small number of intermediaries, and important tech that is protected by secrecy/real and personal property law/employment agreements. Individual interest v.

Public Domain 52

Public Domain Contracts IP Privacy 52

Kashishipr

APRIL 20, 2022

The North American Free Trade Agreement defines a trade secret as “Information having commercial value, which is not in the public domain, and for which reasonable steps have been taken to maintain its secrecy.” A person in every company should be in charge of controlling the accessibility of critical documents. ?

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

Kluwer Copyright Blog

JUNE 19, 2023

These questions will be addressed by applying UK law and the EU copyright acquis to NFTs, as illustrated by relevant Court of Justice of the European Union (CJEU) case law and global contemporary examples. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Velocity of Content

OCTOBER 31, 2022

It’s certain that the textbook market of 10 years from now will bear little resemblance to today’s market, even if we don’t know exactly what it will look like,” Rosenblatt declared. Joining me for the program at the Fordham Law School in New York City were Steven J.

Higher Education 52

Higher Education Public Domain Publishing Marketing 52

The IPKat

DECEMBER 23, 2023

But don’t stop reading if your passion lies along other branches of IP law, because this volume has plenty to say about copyright, trademarks, and more. The other two chapters turn to the conceptualisation of nature in patent law. yet this relationship has received very little attention.

Intellectual Property 72

Intellectual Property Designs Design Intellectual Property Law 72

Kashishipr

DECEMBER 28, 2021

FTO is a pretty simple and straightforward concept, which implies that at a given point in time, no Intellectual Property (IP) from any third party is infringed upon a given product or service in a given market or geography. Without any doubt, stepping into patent litigation can be uncertain, full of risks, and expensive.

IP 105

IP Patent Invention Licensing 105

Kluwer Copyright Blog

DECEMBER 5, 2022

As a result, AR may be attractive not only to potential users of the cultural heritage-related services, but also for market operators with commercial interests. However, as mentioned, AR can also be developed by third parties, and in particular by market operators that have no initial connection with bodies managing cultural heritage.

Copyright 102

Copyright Public Domain Art Moral Rights 102

JIPL Online

MARCH 15, 2021

2] While most Sherlock Holmes stories are now in the public domain, the estate alleged that some works and character elements regarding Sherlock Holmes are still protected by copyright. [3] 12] Blake Brittain, ‘Wild Wild Country’ Group Resolves Netflix Copyright Claims (1), Bloomberg Law (Feb. 22, 2015), [link]. [8]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

Technology & Marketing Law Blog

JANUARY 25, 2023

Shah argued that the copyrights transferred to him “by operation of law” when the friend/bystander handed back the camera. The court says that’s not what “by operation of law” means. NYP appeared first on Technology & Marketing Law Blog. he’s not the sole or joint owner).

Copyright 124

Copyright Fair Use Licensing Ownership 124

The TTABlog

DECEMBER 13, 2022

Most of the issued patents cited in this brief have expired, meaning that the disclosed features are in the public domain. To conclude that TBL can strip the public's right to copy and benefit from these features today would be antithetical to the pro-competitive objectives of both trademark and patent law.

Designs 96

Designs Design Advertising Advertising 96

Technology & Marketing Law Blog

AUGUST 2, 2023

Do these creations belong to the artists or the public domain? Copyright in Photographs, Established in Late 1800s The age-old strife between new technology and old law is epitomized by a hundred-year-old story of how copyrights came to exist in photographs after the invention of the camera. By guest blogger Prof.

Artwork 95

Artwork Blogging Art Copyright 95

Technology & Marketing Law Blog

MAY 13, 2024

I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright. That’s what copyright law is for. Pruneyard -based First Amendment and public square-type arguments have failed in prior cases.

Blogging 95

Blogging Contracts Cease and Desist Social Media 95

Kashishipr

MAY 25, 2022

Patent Rights exclude others in the industry or market from manufacturing, using, selling, distributing, or importing the patented product or process. By performing a patent search, you can get an indication of what all information is available and accessible in the public domain concerning the proposed invention.

Patent 78

Patent Patent Application Inventor Invention 78

Patently-O

AUGUST 10, 2021

Nicholson Price (Michigan Law), David Hyman (Georgetown Law), and Mark Ratain (Chicago Med)). Since the low dosage approach is in the public domain, no private company has sufficient incentive to seek and obtain FDA approval. Co-authored with Profs.

Patent 101

Patent Public Domain Marketing Marketing 101

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. However, this was not the first move towards embracing international exhaustion regime in Russian law.

IP 132

IP Branding Brands Branding 132

Technology & Marketing Law Blog

DECEMBER 27, 2023

His defense is that the work he used was free for all; after his victory, that work remains in the public domain for others to build upon. Whether to accept that belief as credible is for a jury to decide, not a matter of law for the Court, and summary judgment must be denied.” ” * S&P Global Inc.

IP 73

IP Advertising Advertising Copyright 73

The IPKat

MARCH 21, 2022

When this Kat taught computer law in the 1990's (which primarily meant software law), the main issue was how far copyright protection would apply to cover functional features. Is it centralized or decentralized; are there anticompetitive effects; is there market concentration? It is useful to examine this narrative.

Marketing 85

Marketing Marketing Public Domain Licensing 85

Kluwer Copyright Blog

DECEMBER 11, 2023

Here the final version is a clear improvement over the original Parliament text as it no longer suggests that model providers need to distinguish between copyright-protected and public domain training materials and then apply different transparency standards to both, which would be unworkable.

Copyright 145

Copyright Copyright Law Publishing Public Domain 145

The IPKat

NOVEMBER 14, 2022

a wise cat that care about environment kindly provided in CC0 Public Domain license by Pixhere.com) Having to make a selection among the many topics covered, this GuestKat finds it interesting to note that during the conference the EPO case G2/21 on 'plausibility', was repeatedly discussed from different angles.

IP 74

IP Marketing Marketing Confidentiality 74

Patently-O

APRIL 17, 2024

Dawgs alleged that Crocs falsely marketed its “Croslite” shoe material as “patented,” “proprietary,” and “exclusive” when in fact the material ethyl vinyl acetate, a well known compound used by many footwear companies. Crocs largely prevailed in those actions.

False Advertising 115

False Advertising Advertising Advertising Patent 115

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e., Secondly, para.

Copyright 122

Copyright Art Copyright Law Licensing 122

Kluwer Copyright Blog

MARCH 14, 2022

On behalf of the University of Nottingham Commercial Law Centre (UNCLC) , we submitted a response to the consultation that addressed the three areas of potential legislative change. A decrease in such copyright protections does not contradict the consultation’s policy objectives of incentivising investment and enabling competitive markets.

IP 59

IP Public Domain Copyright Intellectual Property 59

SpicyIP

JULY 17, 2023

Yashna is a fifth-year law student at UILS, Panjab University, Chandigarh. Her area of interest lies in IP and corporate law. The plaintiff further argued that he was the lawful successor to the personality rights of the late actor. [ This weekly review is co-authored with SpicyIP Intern Yashna Walia.

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Blogging 79

Blogging Copyright Contracts Cease and Desist 79

IIPRD

NOVEMBER 23, 2022

For instance, which current governing law would apply to quantum governing technology? The quantum computation uses the kind of technologies that process the information by using effects which extracts its fundamental elements from laws of classical quantum mechanics that includes superposition, entanglement, and tunnelling.

Intellectual Property 52

Intellectual Property Technology Intellectual Property Law Public Domain 52

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). Guy Rub , The Ohio State University Michael E. ML Genius v.

Blogging 91

Blogging Contracts Copyright Law Copyright 91

Kluwer Copyright Blog

FEBRUARY 8, 2023

Voices emerged questioning whether current EU copyright laws should be amended in light of the many AI-generated works that have come about. One important question has been whether copyright law should be extended in order to protect such works. Importantly, copyright law is equally about culture.

Marketing 109

Marketing Marketing Copyright Copyright Law 109