Copyright Lately

JANUARY 13, 2023

Yes, in addition to being a noted clergyman and civil rights leader, Dr. King was a copyright litigant. The same issue was litigated more than 30 years later. CBS brought a summary judgment motion to establish that the speech was in the public domain. Martin Luther King, Jr. Mister Maestro.

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Copyright Public Domain Copyright Notice Copying 95

Technology & Marketing Law Blog

MAY 13, 2024

By Kieran McCarthy Elon Musk may have done more to open the Internet to web scraping than any person or public interest advocacy group. This creates powerful new precedent that will make it easier for web scrapers to prevail in litigation and will make it much harder for websites to prevent scraping. He was trying to do the opposite.

Blogging 97

Blogging Contracts Cease and Desist Social Media 97

Kluwer Copyright Blog

JULY 14, 2023

Facilitate effective collective licensing of rights, including where possible, through extended collective licensing systems. National policymakers should review existing sui generis database rights or similar rights, when they exist, in order to avoid limiting access and use of public domain works. Proposal 3.

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Database Right Licensing Public Domain Artwork 52

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. Creative Industries.

Copyright 52

Copyright Public Domain Marketing Marketing 52

LexBlog IP

MARCH 13, 2023

Licensing and Sale Issues: Segmenting and dividing portions of a patent for sale is a problem that can be avoided. When multiple inventions are claimed in a single patent, excluding claims that are irrelevant to the specific sale or license is unorthodox and uncertain, at best.

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Patent Application Invention Patent Licensing 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. Diebold from 2004, which led to a $125k damages award.

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Registration Fair Use Copyright Designs 115

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 122

Biswajit Sarkar Copyright Blog

MAY 30, 2022

Although in principle, a NFT of a trademark or any work in public domain can be created. In India, copyright can be transferred either by licensing or assignment by making an application to the Registrar of Copyrights in the prescribed form and fees. Thus, it seems difficult for NFT to fulfil these requirements.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

Biswajit Sarkar Copyright Blog

MAY 30, 2022

Although in principle, a NFT of a trademark or any work in public domain can be created. In India, copyright can be transferred either by licensing or assignment by making an application to the Registrar of Copyrights in the prescribed form and fees. Thus, it seems difficult for NFT to fulfil these requirements.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

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. Even better, it’s in the public domain.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

JIPEL Copyright Blog

MARCH 9, 2022

addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive. Perhaps one of the most salient legal issues is whether there is copyright infringement or a violation of the Visual Artists Rights Act of 1990 (“VARA”) in the virtual modification (e.g.,

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

Technology & Marketing Law Blog

JULY 18, 2023

On June 26, just before the end of its term, the Supreme Court denied Genius’s cert petition, putting this litigation to rest. It is somewhat doubtful that similar results would have been reached if LinkedIn and similar cases were litigated within the Second Circuit jurisdiction. This leaves us with a rather deep split of authorities.

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Blogging Contracts Copyright Law Copyright 93

SpicyIP

SEPTEMBER 5, 2022

Moderna was one such company that was granted a compulsory license. Easy for Moderna to now push for ‘licensing and not abrogating patents’. As reported , these patents have been licensed to both Moderna and BioNTech. Such relaxations were specifically aimed at speeding up the process of vaccine production.

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Litigation Patent Technology Ownership 137

Velocity of Content

JULY 8, 2021

Public Domain work. As I dug down further on the topic, I ended up tumbling down a bit of a rabbit hole concerning certain nooks & crannies of copyright that I hadn’t known much about; at that point, I thought it might be useful (to some) and interesting (to others) to share them here. Image Attribution: John Tenniel (1865).

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Copyright Blogging Intellectual Property Registration 81

LexBlog IP

FEBRUARY 28, 2022

A few years later, in 1984, Goldsmith’s agency, which had retained the rights to those images, licensed one of them to Vanity Fair for use in an article called “Purple Fame.” Controversy” [8] : The Litigation. Vanity Fair , in turn, commissioned Warhol to make a silkscreen using Goldsmith’s photograph. He did just that.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Technology & Marketing Law Blog

DECEMBER 13, 2023

In that case, Judge Easterbrook wrote, in finding that a “shrinkwrap” license was enforceable against the defendant: But are rights created by contract “equivalent to any of the exclusive rights within the general scope of copyright”? If nothing else, litigants know where they stand in these jurisdictions.

Blogging 82

Blogging Copyright Contracts Cease and Desist 82

IIPRD

JANUARY 23, 2023

Patent are valid for the duration of 20 years before coming into public domain) Patent infringement can occur in two ways. Often, the third-party sellers engage in selling, distributing and importing of patented product through Amazon channels without consent of the holder or license to sell that particular product. [2]

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

SpicyIP

NOVEMBER 15, 2022

SpicyIP Tidbits: Compulsory License on Mira Behn’s Autobiography, and Stricter Test of Similarity of Marks for Medicinal Products. Licensing Ip International S.AR.L Image from here. vs Senior Examiner Trade Marks on 9 November, 2022 (Delhi High Court).

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Trademark Patent Copyright Designs 105

43(B)log

OCTOBER 4, 2021

In 2017, WI granted WPI an automatically renewable, exclusive license to use and exploit the content of all of WI’s materials, including the Modigliani material. But WPI’s allegations still went to contested ownership of the information contained in the Modigliani Material, rather than the Modigliani Material as a physical product.

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False Advertising Artwork IP Advertising 59

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

Technology & Marketing Law Blog

JUNE 20, 2023

Specifically, when a derivative work is created pursuant to a statutory exception, then the derivative work is prepared “lawfully,” even though the artist who created the derivative did not get a license or other permission from the owner of the copyright in the underlying work. Goldsmith herself had been entirely unaware of the licensed use.)

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Fair Use Derivative Work Blogging Licensing 97

Kluwer Copyright Blog

APRIL 25, 2024

High profile litigation and media-covered controversies have drawn wide-spread attention to the essential role that pre-existing works play in the process of “teaching” an AI to “think.” Only one witness is quoted as having argued that such uses should be licensed by collective societies. data —reside).

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Copyright Government Copyright Law Reporting 68

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. A: but the holding is specific that this is only about licensing in commercial markets. Second Circuit had buyer’s remorse about Prince v.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

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IP Intellectual Property Copyright Trademark 143

LexBlog IP

APRIL 24, 2023

Exclude PGR from discretionary denial based on parallel litigation? That said, if you are trying to argue district court litigation is better for patent policy than the PTAB, you should put all of your cards on the table. Taxing the American public on technology already in the public domain is the issue.

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Settlement Litigation Patent Business 52

SpicyIP

JULY 3, 2022

Their practice predominantly revolves around copyright law, litigation and advising on all matters related to films that are emanating from script to screen. However, one must also note that existence of parallel rights does not mean existence of parallel licenses, meaning that there would be no need for separate authorization(s).

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Copyright Music Public Domain Law 130

43(B)log

FEBRUARY 4, 2023

Mailyn Fidler, Cross-Racial Copyright Litigation in Music: Only a Paper Moon? Have Black musicians been able to use copyright litigation to push back against cross-racial appropriation (Three Boys), is it equal (Campbell v. Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license.

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Copyright Editing Settlement Music 64

The IP Law Blog

JANUARY 12, 2023

An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. A little time spent researching whether the vendor has negative claims with the Better Business Bureau, has licensing issues, generally has satisfied customers, whether any lawsuits are pending, etc.,

IP 98

IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

JANUARY 9, 2023

Case : Microsoft Technology Licensing Ltd. Jaipur Police passes a circular, clarifying that no licenses required for using sound recordings during weddings and regional events. Sir Arthur Conan Doyle’s ‘The Case-Book of Sherlock Holmes’ enters public domain. Kuku FM settles case with Pocket FM in audiobooks case.

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Trademark IP Registration Reporting 105

LexBlog IP

MARCH 10, 2023

This decision can impact your intellectual property and licensing flexibility. The second reason is related to the licensing of your patented invention. It’s important to retain flexibility when licensing your invention. The second reason is related to the licensing of your patented invention. licensing benefits).

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Invention Patent Application Patent Licensing 52

43(B)log

FEBRUARY 23, 2024

Sears/Compco said there was a right to copy things in the public domain; how did that go away? What you’re seeing is cross-licensing/branding. Robert Burrell: Australian trend—lot of $ coming in to TM, and so nonexpert lawyers are coming in and litigating, often to damaging effect. may be source of Gorsuch’s interest.

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Trademark Law Branding Brands 45

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. Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves?

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Copyright Blogging Publishing Fair Use 122