43(B)log

OCTOBER 9, 2023

28, 2023) Cap Export alleged that Zinus fraudulently obtained a patent after Zinus used the public domain bed-in-a-box sets of a non-party as the basis for its patent application. The litigation/fair report privileges did not, at this stage, bar the related state law claims. Cap Export, LLC v. Zinus, Inc., 2023 WL 6381821, No.

False Advertising 104

False Advertising Patent Infringement Patent Advertising 104

Kluwer Copyright Blog

JUNE 19, 2023

Licensing A more common approach for NFT creators and IP rights owners is to implement an NFT license agreement coded into a smart contract or specified in the online marketplace’s terms and conditions ( the middle-ground approach ).

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

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] 14] Before lawyers got involved, pressure from the photographer resulted in the granting of a licensing fee. [15]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

The IPKat

DECEMBER 31, 2023

The IPKat will continue to report on the progress of the case. Perceived implications of recent Court of Appeal of England and Wales’s ruling on originality Recently, Eleonora Rosati reported on a judgment of the Court of Appeal of England and Wales inter alia restating the UK standard of originality.

Intellectual Property 69

Intellectual Property Intellectual Property Law Public Domain Copyright Infringement 69

Kluwer Copyright Blog

APRIL 18, 2024

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. No amendment offered in public session. Measures A prohibition on circumvention of TPMs could extend protection to materials in the public domain or prevent the exercise of exceptions. Copyright: WIPO.

Public Domain 62

Public Domain Contracts Copyright Licensing 62

LexBlog IP

NOVEMBER 1, 2023

The management report must include a chapter where the management informs about the status of compliance of the entity with applicable regulations governing IP matters. If an annuity is not paid in due term, the patent expires, and the invention enters the public domain, thus, it may be used or exploited by any interested party.

IP 52

IP Registration Reporting Trademark 52

Michael Geist

FEBRUARY 24, 2023

Simply put, the move digital course management systems has spelled the end of paper course packs and the increased the value of digital licensing models. Copyright lobby groups and their supporters have long claimed that the practice relies on fair dealing and that universities are profiting from copying without compensation.

Higher Education 53

Higher Education Copyright Copying Journalism 53

TorrentFreak

AUGUST 26, 2022

Between 2013 and 2017, Elias took photographs of hotels and licensed their owning companies to use them in promotional activities. The owners of the hotels later made the licensed images available to another company, Ice Portal, to facilitate their appearance on travel agents’ websites for promotional purposes. .

Moral Rights 130

Moral Rights Copyright Public Domain Copyright Infringement 130

TorrentFreak

SEPTEMBER 5, 2023

The issue has already made its way to the courts in several instances and a few weeks ago we reported that anti-piracy groups are also getting involved. There are other book datasets as well, which are too large to have been created from public domain content. What makes Books3 unique is the fact that the source was published.

Copyright 89

Copyright Government Public Domain Publishing 89

Copyright Lately

JANUARY 13, 2023

The New York Times reported on Dr. Martin Luther King’s copyright lawsuit over “I Have a Dream” in 1963. CBS brought a summary judgment motion to establish that the speech was in the public domain. King may have dreamed of a world without racism, even he wouldn’t dare to dream of a world without lawsuits.

Copyright 95

Copyright Public Domain Copyright Notice Copying 95

The IPKat

NOVEMBER 14, 2022

Banksy's Laugh Now But One Day We’ll Be In Charge A while ago The IPKat reported [ here and here ] on a string of cancellations of elusive artist Banksy ’s EU trade mark (EUTM) registrations relating to some of their best-known artworks. The reason?

Artwork 121

Artwork Copyright Registration Public Domain 121

Kluwer Copyright Blog

OCTOBER 17, 2023

As a software-implemented creation, it was not in the public domain and the company willing to exploit the work had to clear the right to reproduction. Part 1 of the post discusses legislative proposals in this field and Part 2 will explore the potential statutory license solution. of the CDSM Directive. of the CDSM Directive.

Copyright 122

Copyright Art Copyright Law Licensing 122

The IPKat

FEBRUARY 17, 2022

Most of the discussion that has followed has focused on the tension between freedom of expression, the obligations of the host platform (in the reported words of the CEO of Spotify--“It is important to me that we don’t take on the position of being content censor”), and the interests of public health.

Music 65

Music Business Reporting Public Domain 65

The IPKat

OCTOBER 28, 2021

Kat friend Gabriele Girardello once again reports on trade secrets, this time on an Italian case, Administrative Court of Latium (n. III, 22/09/2021), which highlights the strategic use of trade secrets in connection with public tenders. Picture on the top middle is bysudheerinfo99 and is licensed under a CCO license.

Contracts 92

Contracts Confidentiality Public Domain Licensing 92

SpicyIP

JULY 17, 2023

Looking at the Data from the IPO Annual Reports Patent filings and grants are at an all-time high in India. Looking for an answer, Swaraj, Praharsh, and Anshuman explore the data from the Indian Patent Office’s annual reports in their post. But who are the parties filing these patent applications?

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

The IPKat

NOVEMBER 9, 2021

Kat friend Jan Jacobi reports on recent cases on this challenging issue involving efforts by Birkenstock to register such a mark. Picture on the right is by Hans, and is licensed under a Creative Commons CC0 1.0 Universal Public Domain Dedication license. With apologies to Hamlet--when is a mark a pattern mark?

Public Domain 85

Public Domain Licensing Intellectual Property Designs 85

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. seeks only damages based on the reactions of advertisers (third parties) to CCDH’s speech in the Toxic Twitter report, which CCDH created after the scraping.

Blogging 98

Blogging Contracts Cease and Desist Social Media 98

Copyright Lately

AUGUST 25, 2023

An article in the Hollywood Reporter earlier this week suggested that there’s finally been some movement between the parties with respect to generative AI, as studios recognize that copyright protection in AI-generated scripts is only possible for those works if they’re revised by human writers. Previously registered material.

Derivative Work 80

Derivative Work Registration Copyright Public Domain 80

43(B)log

FEBRUARY 22, 2022

Unique expertise on code too; code is different from photos, music, videos; some of the most valuable code on GitHub is licensed openly. Remediation not removal is often the goal—changes to the code rather than removing often resolves the problem, e.g. addressing violation of open source license by adding attribution etc.

Copyright 45

Copyright Fair Use Music Licensing 45

Kashishipr

MAY 25, 2021

You may sign-up for a Creative Common License where the issue lies in seeking acknowledgment of the work. Such a license would enable using the resources held by owners of the CC Licenses to the extent of editing, remixing, copying, and distributing the work without circumventing the copyright law.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

Kluwer Copyright Blog

MAY 16, 2023

The mapping produced a wealth of data and findings, which are systematized in a dataset available on the user-friendly website www.copyrightflexibilities.eu , and analyzed in a report downloadable from Zenodo , SSRN or ResearchGate , entitled “Copyright Flexibilities: Mapping and Comparative Assessment of EU and National Sources”.

Reporting 52

Reporting Copyright Public Domain Editing 52

The IPKat

NOVEMBER 14, 2022

It is obviously not easy to summarise three full days of very intensive work (and many coffee breaks) and the reports of dozens of experts who effectively shared their knowledge with the participants, in an atmosphere open to debate and discussion.

IP 74

IP Marketing Marketing Confidentiality 74

SpicyIP

NOVEMBER 15, 2022

SpicyIP Tidbits: Compulsory License on Mira Behn’s Autobiography, and Stricter Test of Similarity of Marks for Medicinal Products. The court via its previous order dated August 22, 2022 had directed Domain Name Registrars to disclose the name of the impugned domain names. Licensing Ip International S.AR.L Image from here.

Trademark 105

Trademark Patent Copyright Designs 105

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.

Registration 115

Registration Fair Use Copyright Designs 115

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.

Copyright 40

Copyright Public Domain Fair Use Ownership 40

Technology & Marketing Law Blog

JULY 18, 2023

To a degree, it also mirrors the difficult question concerning the platforms’ impact (and maybe that of the Internet itself) on the news and the organizations that report it. In other words, what level of contractual control over public domain information is acceptable. For example, specific statutes can tackle it.

Blogging 94

Blogging Contracts Copyright Law Copyright 94

SpicyIP

SEPTEMBER 5, 2022

As reported , Moderna earned revenue of around USD 10 billion for its vaccine, and Pfizer earned around USD 22 billion, in just a year. Moderna was one such company that was granted a compulsory license. Easy for Moderna to now push for ‘licensing and not abrogating patents’. and Alnylam Pharmaceuticals Inc.

Litigation 137

Litigation Patent Technology Ownership 137

Kluwer Copyright Blog

MAY 17, 2023

The mapping of national legal sources of copyright flexibilities and their comparative analysis provided a detailed overview of the state of the art of copyright flexibilities in all the 27 Member States, organized in 27 national reports which illustrated national provisions using the same taxonomy applied to EU sources. Public domain.

Reporting 52

Reporting Copyright Public Domain Copying 52

Velocity of Content

DECEMBER 6, 2023

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. To what extent are copyrighted works licensed from copyright owners for use as training materials? ROSS Intelligence Inc.,

Copyright 98

Copyright Fair Use Licensing Copying 98

The IPKat

OCTOBER 4, 2021

Former Guest Kat Peter Ling, together with his associate, Joana Gurtner , report on the recent Swiss Supreme Court decision on the Nespresso Capsule 3D mark. Picture on top right is by Joe Shlabotnik and is licensed under the Creative Commons Attribution 2.0 Generic license. Picture on bottom left is in the public domain.

Public Domain 145

Public Domain Marketing Marketing Licensing 145

SpicyIP

SEPTEMBER 15, 2023

This was understood in the very first patent statute of 1623 and also discussed in the Tek Chand and Ayyangar Committee Reports. UoI and this co-authored report by Prof. Without these details, it is essentially diluting the possibility of compulsory licenses as well. Basheer and Rupali Samuel on the working of Bayer’s Nexavar.

Patent 105

Patent Invention Patent Application Public Domain 105

Kluwer Copyright Blog

APRIL 25, 2024

Act I When the Committee charged with conducting Canada’s 2019 Copyright Act Review turned its mind to AI, its primary concern was with “help[ing] Canada’s promising future in artificial intelligence become reality” ( Report 2019 ). Only one witness is quoted as having argued that such uses should be licensed by collective societies.

Copyright 68

Copyright Government Copyright Law Reporting 68

Copyright Lately

APRIL 3, 2023

IA’s Open Library project includes millions of public domain books that users can download and read without restriction. Judge Koeltl’s opinion pointed to a “thriving ebook licensing market for libraries” which generates “at least tens of millions of dollars a year for the Publishers.”

Fair Use 71

Fair Use Copying Publishing Copyright 71

SpicyIP

MARCH 15, 2022

This blog examines how press publishers have claimed rights over their content on digital media platforms like Facebook, Google News, which give a preview of two-three lines along with a hyperlink to the press publication. The introduction of press publishers right has met with heavy criticism over its broad scope and vague application.

Publishing 105

Publishing Marketing Marketing Advertising 105

SpicyIP

JANUARY 9, 2023

The court assessed the contents of circular on “Examination of Patent Applications and Consideration of Report of Examiner by Controller” and clarified that the Controller is not permitted to raise new grounds of objection at the time of the hearing. Revenue to share copy of its report filed earlier.

Trademark 105

Trademark IP Registration Reporting 105

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].

IP 143

IP Intellectual Property Copyright Trademark 143

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.)

Fair Use 97

Fair Use Derivative Work Blogging Licensing 97