Copyright Lately

APRIL 30, 2021

The new lawsuit raises a host of complicated legal issues that, while exciting for copyright nerds like me, are often a nightmare to litigate. Despite these copyright notices, Nirvana is now taking the position that the “Upper Hell” illustration is in the public domain and therefore free to use. copyright law.

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JIPL Online

MARCH 15, 2021

Then, the post will predict how Netflix may shift its content practices, defense strategies, and settlement tactics as a result of their past litigation successes in copyright actions. 1] This blog will briefly summarize a few of the notable copyright infringement cases Netflix has defended against in the United States. SETTLEMENT CASES.

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IPilogue

DECEMBER 10, 2021

Relying on Twin Books Corporation v Walt Disney Company ( Twin Books ), Bundy argued, “a foreign publication of a foreign work, before January 1, 1978, without notice of United States copyright, did not put the foreign work into the public domain in the U.S.”. They brought evidence of U.S. Copyright Act of 1909.

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Kluwer Copyright Blog

DECEMBER 17, 2023

For the last few months, I have been wondering if our belief in “fair dealing” (or broadly, “limitations and exceptions”) has silently slipped into our “faith” in it – a faith that demands complete surrender to it while blinding us to the harm it covertly causes to the public domain. What Fuels Faith in the First Place?

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IP Tech Blog

MAY 18, 2023

Judge Gilstrap reasoned that filtering out “ideas, facts, processes, public domain material, merger material, and scenes a faire ” from the copyrighted work would permit a “comparison of the ‘golden nugget’ or ‘core’ of protectable elements” to determine whether there was infringement.

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Olartemoure Blog

MAY 26, 2023

The Italian magazine GQ Italia finds itself embroiled in a legal dispute stemming from the publication of an edited image of the renowned David sculpture. This incident has ignited a broader debate concerning the utilization of public domain artworks for commercial purposes.

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LexBlog IP

MAY 18, 2023

Judge Gilstrap reasoned that filtering out “ideas, facts, processes, public domain material, merger material, and scenes a faire ” from the copyrighted work would permit a “comparison of the ‘golden nugget’ or ‘core’ of protectable elements” to determine whether there was infringement.

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The IPKat

DECEMBER 31, 2023

The Art Newspaper has followed up on the ruling and the commentary, speculating on the potential implications thereof concerning the copyright status of digitized images of public domain artworks. The whole editorial is available here. More information and application details can be found here.

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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.

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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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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.

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TorrentFreak

AUGUST 10, 2023

What typically follows are months of litigation followed by an announcement that there will be no trial because, against all odds, the parties have agreed to settle their differences after confidential negotiations.

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Plagiarism Today

MAY 18, 2022

A variety of services work to find copied images , and many engage in speculative invoicing and litigation as part of their strategy. Consider Alternative Sources – Finally, you may want to consider alternative sources such as Wikimedia Commons or the Internet Archive , which plays host to public domain and open-licensed media.

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IP and Legal Filings

MARCH 10, 2023

, “Does the author of any such work loses every right in terms of Copyright after the expiration of the time period mentioned under Section(s) 22, 26 and 27 and have no recourse to the same since the works are in public domain thereafter?”. The works will enter the public domain ultimately.

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Technology & Marketing Law Blog

JANUARY 25, 2023

Implications This is surely not the last word on the subject because Shah litigated pro se. For a more convincing ruling, we need to see how a well-trained copyright litigator navigates this legal issue. Still, its implications are wide-ranging.

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TorrentFreak

SEPTEMBER 28, 2023

“Nevertheless, OpenAI still tries to leverage its motion to pre-litigate issues it thinks will carry the day in the future. According to the authors, it is “telling” that OpenAI makes no attempt to dismiss the direct copyright infringement claim.

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Kashishipr

DECEMBER 28, 2021

Without any doubt, stepping into patent litigation can be uncertain, full of risks, and expensive. It implies that while a specific technology may be protected in the main markets of a company, it may lie in the public domain in some other countries. Patents have a limited protection period.

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Patently-O

JANUARY 25, 2022

This trade-secrecy decision includes a few interesting holdings: Published and Widely Distributed, but Still a Trade Secret : The fact that information was found in a prior publication “that has been cited over 1,200 times. Here, the plaintiff raised “a serious question” and that was enough. ” (Quoting Ultimax ).

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Kashishipr

MAY 25, 2022

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. This type of patent search is performed during infringement litigation or to mitigate the risk of infringement.

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Kluwer Copyright Blog

JULY 14, 2023

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. Minimize database rights to favour access to and use of digital works. Proposal 9.

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Biswajit Sarkar Copyright Blog

MAY 30, 2022

Although in principle, a NFT of a trademark or any work in public domain can be created. Many of these claims have been resolved as the auction site usually removes these tokens but at some point there might be litigation and the rights of copyright owner would be discussed in relation to NFTs.

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Biswajit Sarkar Copyright Blog

MAY 30, 2022

Although in principle, a NFT of a trademark or any work in public domain can be created. Many of these claims have been resolved as the auction site usually removes these tokens but at some point there might be litigation and the rights of copyright owner would be discussed in relation to NFTs.

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SpicyIP

FEBRUARY 9, 2023

Supreme Court of India , which dealt with issues of confidentiality, privacy (prior consent) of litigants and witnesses, restrictions on access to proceedings of trials and the preservation of the larger public interest due to the sensitivity of the proceedings. These are based on the principles set forth in Swapnil Tripathi v.

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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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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.,

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Intepat

FEBRUARY 13, 2021

However, an FTO search results will end up saving lots of litigation costs. All the essential qualities and possibilities are checked with the prior art, with patented and unpatented inventions available in any public domain. In contrast, in an FTO search, the search narrows down to existing, granted patents.

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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. The 512(f) plaintiff wins after 3 years of litigation and a bench trial. Amazon is a key player in this litigation, but the court doesn’t address its responsibility at all. A New 512(f) Plaintiff Win! So what did it win?

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SpicyIP

SEPTEMBER 5, 2022

Some argue that neither Moderna nor BioNTech-Pfizer nor Curevac and others who are litigating this tech own the technology – it belongs to the world and is in public domain ( here also). When ownership is itself in dispute, the process of obtaining a license from either entity becomes a risky and expensive exercise.

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IP and Legal Filings

MARCH 30, 2023

It was also contended by scholars that dilution would go on to replace copyright law as well as conventional trademark protection, since it could create trademark rights in gross by permanently removing fictional characters in the public domain. [3] In Danjaq LLC v. Sony Corporation [7] , the assignee of all U.S.

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IP and Legal Filings

MARCH 31, 2023

Unprotectable elements such as ideas, concepts and elements in the public domain are filtered out of this test. It involves observing certain specific criteria such as the plot, characters, pace, setting, mood, dialogue and sequence of events. In Alfred, the District Court admitted that the two works bore certain similarities.

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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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The IPKat

FEBRUARY 21, 2022

The kitten looking for the return of trade secrets is CC0 Public Domain from [link] The first picture is "Cat in a box", by Greg Mote from Glendora, CA, USA - CC 2.0.

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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. This assist if a situation of litigation arises. [9] 9] For utility Patents, Amazon launched Utility Patent Neutral Evaluation Procedure (UPNEP) in 2019.

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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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LexBlog IP

MARCH 13, 2023

For example, if you file a patent on two inventions but only file claims on one and are only granted claims on one, then that other, unclaimed invention entered the public domain upon the completion of the examination, and you can no longer make a claim to it.

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Copyright Lately

AUGUST 2, 2022

Justice Ginsburg upheld the precise “wait and see” approach to copyright litigation adopted by Netflix: It is hardly incumbent on copyright owners. For now, suffice it to say that Barlow & Bear haven’t exactly dedicated their musical to the public domain. Even better, it’s in the public domain.

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IP Whiteboard

JULY 19, 2020

PRO counterclaimed seeking declaratory judgment that the entire OCGA was in the public domain. The United States Supreme Court’s decision has clarified that judicial and legislative materials should be in the public domain and accordingly sets a new standard for the states to follow. What did the Supreme Court find?

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