Kluwer Copyright Blog

DECEMBER 17, 2023

There are, however, some “seemingly valid” (or “practical”) reasons that support our reliance on fair dealing on both fronts. For one, it helps one escape from the clutches of copyright and avoid any liability. And fair dealing nicely fits in one side of the scale, opposing copyright claims. Doesn’t it?

Fair Use 60

Fair Use Public Domain Copyright Litigation 60

Technology & Marketing Law Blog

FEBRUARY 12, 2024

One sign is listening to Ted Nugent. (I Philpot sued in 2020 over the 2016 IJR publication, i.e., after the 3 year statute of limitations that no one seems to care about post-Petrella. (In Philpot wasn’t looking to maximize his cash flow from this photo. The defendant did not give the specified attribution.

Fair Use 89

Fair Use Licensing Copyright Marketing 89

LexBlog IP

FEBRUARY 21, 2023

The appreciation of works of art is subjective, and rightfully so as the experience of viewing art, and what it makes one feel is personal. This seems to guarantee that no artist or piece is left out of the realm of consumption, so long as there is a person who can appreciate the expressive work. tool, Midjourney. [5] art as well.

Art 52

Art Copyright Intellectual Property Technology 52

Michael Geist

OCTOBER 21, 2022

For a government that once prided itself on consultation, the decision to block further committee testimony is a remarkable abdication of the principles of a consultative, inclusive approach to legislative development. Jeff Elgie, CEO of Village Media , one of Canada’s leading local, digital media groups.

Government 144

Government Journalism Advertising Advertising 144

LexBlog IP

DECEMBER 7, 2021

About one year ago today, I wrote a post called “Changes are Coming – Be Prepared to Disclose Beneficial Ownership in 2021.” the requirement that all businesses disclose their beneficial owners in a federally run database) have not come to pass yet, they are still on the way – so keep an eye out in 2022.

Ownership 52

Ownership Government Business Intellectual Property 52

Michael Geist

OCTOBER 13, 2023

While News Media Canada has identified several issues where it supports Google’s request for regulatory change, the challenge is that Google’s regulatory response appears to arrive at the same conclusion as Meta, namely that regulations alone cannot save a fundamentally flawed piece of legislation.

Government 125

Government Advertising Advertising Journalism 125

LexBlog IP

JANUARY 11, 2023

In analogizing semiconductor chips to traditional areas of copyright law, the legislative history notes that, just as a plagiarist who copies only one chapter of a book may be held liable for infringement, a person may be liable for copying a part of a mask work if it is a qualitatively important portion that results in substantial similarity.

Designs 52

Designs Design Copying Copyright Law 52

Michael Geist

OCTOBER 3, 2022

The podcast episode is part of a series on why Bill C-18, the Online News Act, is a bad solution in search of a real problem. Instead, the definition – which itself is different in the English and French language versions of the bill – could incorporate blog posts, opinion pieces and other content.

Journalism 90

Journalism Law Government Copyright Law 90

43(B)log

AUGUST 24, 2021

Medusa seems to be the key one; Walmart argued that the sculpture’s “sole intrinsic function is providing light,” while Russell responded that the sculptures are works of art, “not simply light fixtures.” Not sure why this fact in particular matters to whether it’s taken from life, though the rest seems relevant.]

Copyright 81

Copyright Art Copying Reporting 81

LexBlog IP

SEPTEMBER 2, 2021

No one is disagreeing on the benefits of looking and feeling better, but the cost of time and sweat and agony isn’t something many of us are eager to pay. The cherry on top of many of these ads are hit songs of the moment, typically something upbeat to get the blood flowing. By making working out seem cool.

Music 52

Music Social Media Licensing Copyright Infringement 52

Nelligan Law

FEBRUARY 10, 2022

Reading Time: 3 minutes With January behind us, we can look forward to February, which means one thing: love is in the air! With Valentine’s Day just around the corner, finding someone to couple up with might be on your radar. The policy should also set out that discipline will flow from a breach of the policy.

Reporting 79

Reporting Confidentiality Privacy Law 79

Velocity of Content

FEBRUARY 16, 2023

CCC commissioned the research study from Outsell and had no input regarding the content of this piece. The number one difference? Methodology In a study on behalf of CCC Outsell surveyed 630 professionals evenly split across 14 industries. One reason? For questions, please contact Outsell. And the reasons for that gap?

Licensing 52

Licensing Marketing Marketing Copyright 52

SpicyIP

MARCH 10, 2023

As our regular readers would know, Prashant has been one of our most prolific bloggers and his posts can be found here , here and here. Protection of TK and local communities was one of the main objectives of the Biological Diversity Act and the principal justification of the aforementioned regulatory structures.

Intellectual Property 105

Intellectual Property Government Law Publishing 105

U.S. Department of Commerce

APRIL 3, 2023

At my one-year anniversary in my role, I wanted to take this moment to reflect on the past year, take stock of the progress we’re making, and look forward to what’s ahead. One example of how we are putting this “play” into action is with our recent work on strategic acquisition of commercial data.

Government 66

Government Licensing Technology Privacy 66

Patently-O

MARCH 28, 2024

398 (2007), the Supreme Court discussed situations where a combination of prior art elements would be considered obvious: When a work is available in one field of endeavor, design incentives and other market forces can prompt variations of it, either in the same field or a different one. Teleflex Inc. , ’ Oral Args.

Art 58

Art Invention Patent Patent Law 58

Velocity of Content

JANUARY 4, 2024

This piece originally appeared in Research Information. Meanwhile, identifiers for individuals and organizations help in augmenting the transparency and credibility of published works, for example by flagging that an output is linked with authors from one or more research organizations or has been supported by a specific funder.

Publishing 98

Publishing Plagiarism Technology Copyright 98

SpicyIP

APRIL 30, 2024

The computer’s Operating System might offer an Application Programming Interface (API) for applications to access sensor data, but using these sensor interfaces can make software design more complicated due to the complex control flow loops required to respond to events. Basheer describes the judgement in detail here.)

Invention 111

Invention Art Designs Design 111

The IPKat

DECEMBER 7, 2021

Against this background, this Kat came across a piece , "The Growing Problem Of U.S. nd What Should Happen Next", by Stefan Lederer , which was published in connection with Forbes magazine and the Forbes Business Council on July 22, 2021. No issue can remain on the front page forever. Patent Trolls, ?nd Arthrex, Inc.,

Patent Troll 122

Patent Troll Patent Litigation Inventor 122

LexBlog IP

JUNE 14, 2023

Berardi testified that he went to Home Depot a few hours after the Ragner Tech meeting and purchased materials to make his own expandable hose prototype where water flowed through an outer tube and an inner elastic tube was used for retraction. The appellate court found no error in the lower court’s fact-finding.

Inventor 52

Inventor Invention Designs Design 52

LexBlog IP

MAY 16, 2023

Check out our Tips on Choosing a Patent Lawyer and contact us if you’d like a free consultation. 11647860-B1 INVENTION OVERVIEW: If there’s one thing that never goes out of style, it’s a good drink. It has two openings, one for letting gas in, and one for letting your drink out.

Editing 52

Editing Social Media Patent Application Patent 52

Kluwer Copyright Blog

FEBRUARY 1, 2022

Winner claims that total football reconceived the game as one not merely about power, athleticism or technique but as primarily about space. This is an example of elaborated decision-making that one would struggle sensibly to label as an idea. C opyright and pre-conception: what went on in Bergkamp’s mind?

Copyright 52

Copyright Art Music Intellectual Property 52

IP and Legal Filings

FEBRUARY 28, 2023

Introduction A division bench of the Apex court in a recent case observed that, “ Cheque issued as security for financial deal cannot be considered as worthless piece of paper ”. Act would flow.” On a similar tangent, in the case of Sunil Todi, Justice D.Y.

Contracts 77

Contracts Business Settlement Law 77

Art Law Journal

FEBRUARY 25, 2022

Photography is one of the most accessible forms of art, which makes it a wonderfully democratized platform and a highly competitive field. As the cameras on our mobile devices become more and more sophisticated, professional photography will most likely become even more saturated. Love working with families? Try family portraiture.

Art 52

Art Editing Social Media Branding 52

SpicyIP

OCTOBER 23, 2023

Justice Bhat’s judgment from 2009 is one of the only two instances (the other being a case presided by Justice Bhakru) in which the Supreme Court has lost a case under the Right to Information Act. For a variety of reasons, the Delhi High Court has become one of the main fora for enforcement of intellectual property rights.

Intellectual Property 52

Intellectual Property Government Law IP 52

SpicyIP

MAY 23, 2022

As one of us had noted elsewhere earlier , elevating section 63 to be cognizable and non-bailable gives authority to the police to arrest and curb liberty without even judicially determining whether the use is actually infringing or permissible. The authors would like to thank Swaraj Barooah for his valuable inputs on this piece.

Copyright 137

Copyright Ownership Copyright Infringement Law 137

The IPKat

MAY 7, 2022

Dr Igor Nikolic’s tour d’horizon of the key issues in licensing standard essential patents and propositions on how it may be done in the context of the Internet of Things flow effortlessly, making the subject appear easy. 45,000 and 95,000 respectively) How can one evaluate the value of a patent?

Licensing 52

Licensing Patent Editing Publishing 52

SpicyIP

NOVEMBER 8, 2023

Tellingly, Indian academics are not the only ones affected, even the world’s most prestigious universities have expressed their concern over this. One may ask – is open access a solution? Swaraj’s post is on this point. One may wonder how the said judicial transparency interplays with commercial cases.

Trademark 59

Trademark Publishing Journalism Copyright 59

Technology & Marketing Law Blog

SEPTEMBER 19, 2021

Who qualifies as a “social media platform” is crucial because no one is sure which entities are regulated by the law, but it goes way beyond social media archetypes like Facebook and Twitter. 2) Internet services are highly selective about the content on their services as well. 3) Why does this matter?

Social Media 100

Social Media Government Blogging Publishing 100

Indiana Intellectual Property Law

OCTOBER 17, 2023

Patent Office issued the following 297 patents to persons and businesses in Indiana in August 2023: Patent Number Patent Title US 11739342 B2 Nucleotide sequences and polypeptides encoded thereby useful for modifying plant characteristics US 11739561 B2 Electronic door with key-in-lever (..)

Patent 52

Patent Designs Design Patent Application 52

Copyright Lately

DECEMBER 5, 2021

3 of mine are gone, some of Mulaney’s, one of Attell’s, but then some are still there— like Hedberg. Musical Works: One Song, Two Copyrights. Every piece of recorded music is actually comprised of two separate copyrights. Spoken Giants is seeking to put comedians on equal footing with songwriters.

Music 82

Music Licensing Copyright Publishing 82

Indiana Intellectual Property Law

SEPTEMBER 3, 2021

Test element for electrochemically detecting at least one an analyte. Turbine shroud assembly with multi-piece support for ceramic matrix composite material seal segments. Faucet including capacitive sensors for hands free fluid flow control. Fluid dispensing device with a flow detector. 11,099,154. 11,099,149.

Patent 52

Patent Registration Business 52

Art Law Journal

MAY 4, 2022

If your fans are on Facebook, that’s the right network for you to promote your work. Figure out which platforms are the right ones for you to invest in instead of spreading yourself thin by creating accounts on many social media platforms. Look at the current networks you’re on. Your time is limited.

Social Media 52

Social Media Art Marketing Marketing 52

LexBlog IP

APRIL 15, 2022

Early March this year, Christie’s realized a total of RMB 222,030,200 (roughly $35,000,000) in its inaugural sale, selling 95% by lot and 90% by value, at its new gallery, BUND ONE, a century-old historical building in the heart of Shanghai. [2]. 10] The auction houses in China have been tapping into the primary art market for a decade.

Art 52

Art Marketing Marketing Artwork 52

43(B)log

FEBRUARY 16, 2024

Second, the Lexmark court says, 43(a) has a proximate cause requirement: a plaintiff suing under § [43](a) ordinarily must show economic or reputational injury flowing directly from the deception wrought by the defendant’s advertising; and that that occurs when deception of consumers causes them to withhold trade from the plaintiff.

Trademark 59

Trademark Fair Use Registration False Advertising 59

LexBlog IP

MAY 19, 2023

Furthermore, the SCOTUS decision was influenced by the existence of a licensing agreement between Goldsmith and Vanity Fair, which permitted a one-time use of her photograph as an “artist reference for an illustration.” The balance between inspiration and appropriation is a delicate one.

Fair Use 52

Fair Use Art Licensing Derivative Work 52

Copyright Lately

MAY 1, 2023

It took me all of about three minutes: AI Bart Simpson (for educational purposes only, of course) Cover Me For the most part, the music that’s being produced and shared on communities like AI Hub consists of cover versions of existing songs, which are fairly easy to create once you have a working voice model.

Music 85

Music Copyright Copying Copyright Law 85

43(B)log

APRIL 7, 2023

Reliance on industry is core of Art. One industry sends info on works that should be filtered, and the platforms have to include that info in their filtering systems. The Court says the filtering systems have to distinguish b/t lawful and unlawful content, but that’s an assumption and not a very realistic one.

Art 64

Art Licensing Designs Design 64