Technology & Marketing Law Blog

JANUARY 25, 2023

This raises an obvious corollary: at most, Shah has a non-exclusive license to those photos, so what are the terms of those licenses and could Shah potentially infringe the owners’ copyrights by posting them? NYP appeared first on Technology & Marketing Law Blog. The complaint. –Shah v.

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Intepat

MAY 4, 2023

While one aims to regulate and ensure that markets operate efficiently in a fair and competitive manner, the other aims to grant a certain level of protection which may be considered to have monopolistic tendencies. Patent law operates on two principles i.e. to encourage innovation and to promote the progress of science and technology.

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Technology & Marketing Law Blog

MAY 13, 2024

And that, in turn, further restricts what should be in the public domain and gives companies power to create property rights where none are otherwise granted in the law. a worldwide, non-exclusive, royalty-free license”), and there is no allegation that it was corrupted, changed, or deleted. Despite X Corp.’s see Kaplan Decl.

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The IPKat

MARCH 21, 2022

Is it centralized or decentralized; are there anticompetitive effects; is there market concentration? But even before software became a commercial proposition with its own market power (and lush profits), a countermovement arose, what we call open-source software. Generic license. It is useful to examine this narrative.

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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.

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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. The post 2023 Quick Links: IP, Keyword Ads appeared first on Technology & Marketing Law Blog. A successful defendant, by contrast, recovers nothing he didn’t already have.

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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.

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Kluwer Copyright Blog

JUNE 8, 2022

It explores the possible links between conditional data access regimes and content moderation performed through data-intensive technologies such as fingerprinting and, within the realm of artificial intelligence ( AI ), machine learning ( ML ) algorithms. Scenario (1): Public Domain. Scenario (2): Open Licenses.

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Public Domain Licensing Copyright Law Copyright 52

SpicyIP

JULY 17, 2023

The court held that though the mark ‘USCO’ is not registered by the plaintiff, its goods were available in the market under “ITR” mark in association with “USCO” mark and the plaintiff is the prior user of the mark. Delhi High Court grants permanent injunction against the use of ‘sattadream11’ mark Case: Sporta Technologies Pvt.

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Personality Rights Copyright Patent Copyright Infringement 97

Kluwer Copyright Blog

MARCH 14, 2022

It followed the UKIPO’s previous, more exploratory inquiry into anticipated interactions between IP protection across the board and AI technologies , this time with limited, but more targeted questions. Attaching to that output long term proprietary claims risks paralysing the public domain.

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The IPKat

JANUARY 18, 2022

hereinafter 'Centro Grafico’), would claim that the product subject to the tender would infringe two of its Italian and European patents on the technology at stake. In the pictures above, "Bedtime" by Louis Wain ( 1860-1939 ), in public domain and Aaron Pa reck i, " Spy30 Scavenger Hunt " from Fl ic kr, CC 2.0 license.

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IP and Legal Filings

OCTOBER 4, 2022

However, with the publication on 23 October 2012 of UAE Federal Law No. 4 of 2012 Concerning Regulation of Competition all businesses with operations in the UAE or supplying goods and services to the UAE market will have to ensure that they focus on and comply with the provisions of this new law. image Source : Medium Blog].

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Copyright Lately

AUGUST 25, 2023

Material that is in the public domain. If AI technology determines the expressive elements of its output, the generated material is not considered to be the product of human authorship, and therefore not protected by copyright. Previously registered material. Copyrightable material that is owned by a third party.

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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”? Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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Technology & Marketing Law Blog

DECEMBER 15, 2021

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. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions. Signal 23 Television v.

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IP and Legal Filings

SEPTEMBER 13, 2022

Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology. Innovation in the field of artificial intelligence, blockchain technologies, and other digital products would be based on computer programs. Picture Credit: gettyimage]. Is Software Patentable?

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The IPKat

JUNE 26, 2022

Marques - CELEBRATING MARKS: How sustainability and technology will shape the future of brands - 20 to 23 September 2022 - Madrid, Spain The 2022 MARQUES Annual Conference will be held in Madrid from 20 to 23 September 2022. The website of the event contains information about the programme and registration.

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Biswajit Sarkar Copyright Blog

JULY 19, 2022

With today’s technology, it is very simple to copy and share the original works of other people. Before using someone else’s creation, consider how your actions will affect its market worth. Public domain resources as a starting point. How to prevent copyright infringement.

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Technology & Marketing Law Blog

JULY 18, 2023

The case law in the Ninth Circuit — the other appellate circuit central to developing copyright law, especially regarding new technologies — seems to support the Seventh Circuit’s majority approach. In other words, what level of contractual control over public domain information is acceptable. A third approach?

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Blogging Contracts Copyright Law Copyright 91

Kluwer Copyright Blog

DECEMBER 7, 2022

Part 1 of this post outlined augmented reality (AR) technology, its applications in the cultural heritage sector and its potential copyright implications. 8 may apply for AR that is not developed for commercial purposes, thus all initiatives developed by third parties that are market operators are excluded. 3 and Art.

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IP and Legal Filings

JUNE 27, 2022

In order to protect the same the laws should in tandem with the pace of technology. Duration for copyright is 60 years counted from the year after the date of publication. The underlying work can only be assigned or licensed in writing by the right holder or agent authorized by him. INDUSTRIAL DESIGNS.

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Velocity of Content

DECEMBER 6, 2023

With 34 questions asked about both copyright and technology, some parties responses exceed 100 pages. Significant amounts of content are available through licenses, including open licenses such as CC BY and CC BY-NC. Significant amounts of content are also available through the public domain. ROSS Intelligence Inc.,

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SpicyIP

SEPTEMBER 5, 2022

Battle lines are being drawn in the fight over the lucrative mRNA vaccine technology used in certain Covid 19 vaccines. The sheer size of sales and revenue coupled with patent monopolies and the immense potential of the mRNA technology, makes both these entities King-like – rich, supreme and sometimes hypocritical. Image from here.

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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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Kluwer Copyright Blog

MAY 16, 2023

Flexibilities have been classified on the basis of a blended taxonomy, centred around categories of uses, purposes/goals and rights/interests balanced against copyright, coupled with horizontal, catch-all categories such as “public domain” and “external copyright flexibilities”. private study, e-lending).

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The IPKat

OCTOBER 4, 2021

The shape of the capsule compartment has changed over time, but the technology has essentially remained the same. Quoting the CJEU, the Federal Supreme Court explained that trade mark law is an essential aspect of, and must contribute to, a competitively functioning free market. Generic license.

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The IPKat

APRIL 8, 2023

The IPKat has received and is happy to host this guest contribution by Deborah De Angelis (Studio Legale DDA) on the highly publicized halted licensing negotiations between Italian collecting society SIAE and Meta regarding the availability of the music repertoire administered by the former on the latter’s services. 17 (4), a).

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SpicyIP

MARCH 15, 2022

Her areas of interest are Information Technology law, Intellectual Property law, Media & Communication Law, and human rights law. . Although the intent of this provision is to target Google and its services, it also affects small players and new entrants in the market and can potentially deter innovation. Image from here.

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Kluwer Copyright Blog

APRIL 25, 2024

Only one witness is quoted as having argued that such uses should be licensed by collective societies. Instead, two years later, the Canadian Government launched a public consultation that specifically sought input on the matter of copyright and AI. data —reside).

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Copyright Government Copyright Law Reporting 70

LexBlog IP

JANUARY 16, 2024

In light of criticism following the announcement of the political deal – and renewed warnings that the AI Act risks will hamper innovation in the European market – there may still be room for debate over the final terms of the AI Act before ratification. [13] 4(1) and 4(3).

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The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. Such inventions may be protectable under federal patent laws.

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Kluwer Copyright Blog

JUNE 1, 2023

The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law. The letter is available here and its contents are reproduced below.

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LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress.

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SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

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Kluwer Copyright Blog

JUNE 1, 2022

On the one hand, the CJEU refused to dismantle the doubtful edifice of licensing and filtering obligations in Article 17(1), (2) and (4) DSMD. The decision has already been discussed by a number of commentators. For instance, see the posts by João Pedro Quintais , Eleonora Rosati and Christophe Geiger and Natasha Mangal.

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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. Google preparing to approach Supreme Court of India against the CCI’s ruling that will force it to change how it markets its android platform.

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IP and Legal Filings

NOVEMBER 18, 2021

Non-Fungible Tokens or NFTs is the latest trend that has taken the world of art and technology by storm. In essence, NFT transactions operate on the same technology as cryptocurrency, i.e., the blockchain. Since anything qualifies as an NFT, many have started to sell old memes or other materials already existing in the public domain.

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