LexBlog IP

FEBRUARY 29, 2024

Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. It is no surprise that the legalities of the public domain are more complicated than the headlines suggest. But not so fast.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

Dear Rich IP Blog

JULY 27, 2023

Frida Kahlo age 12 (1919) Dear Rich: I'm filming a romantic comedy in San Miguel de Allende, Mexico, and refer to the artist Frida Kahlo in two scenes and show a photo of one of her paintings (self-portrait) hanging on the wall. You don't need permission to refer to Frida Kahlo in your film's dialogue. The painting. The Kahlo name.

Public Domain 52

Public Domain Artwork Privacy Copyright Law 52

IPilogue

OCTOBER 26, 2022

Following this designation , objects require authorization and a licence fee to be used commercially by third parties regardless of whether the work is in the public domain. The public domain refers to works not protected by copyright, which means the works can be used without acquiring permission or paying a fee.

Social Media 120

Social Media Cease and Desist Public Domain Artwork 120

TorrentFreak

JULY 9, 2023

A TV company claimed the public domain footage as their own. “In Content ID the impact is multiplied due to its automated nature; one bad reference file can impact hundreds or even thousands of videos across the site.

Copyright 134

Copyright Public Domain Reporting Ownership 134

Patently-O

APRIL 20, 2024

” The basic idea is that juries are provided with the closest prior art as background references to help avoid giving substantial infringement weight for features that were already in the prior art. Clearly, the relevance of the public domain images transcends the particular objects. Starr Brothers Bell Co. , 362 (C.C.D.

Design Patent 67

Design Patent Art Designs Design 67

IP and Legal Filings

JANUARY 16, 2024

This rule covers lending digital copies of copyrighted works, while works in the public domain can be freely digitized. The books which were in public domain were allowed to be read and downloaded by the patron. [3] However, court failed to address the issue of copying entire books for external use outside of libraries.

Copyright 83

Copyright Fair Use Public Domain Copying 83

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. Cap Export, LLC v. Zinus, Inc., 2023 WL 6381821, No. 2:21-cv-07148-JWH-MRWx (C.D.

False Advertising 104

False Advertising Patent Infringement Patent Advertising 104

The IPKat

MAY 20, 2022

Given the prevalence of social media trolls in the digital world, he came to the conclusion that an emoji that could be used to reference them would also be of use. Emoji image is from Unicode, Unicode Character ‘TROLL’ (U + 1F9CC), and is in the public domain. For more on the origin of trolls, see IPKat , here ).

Social Media 80

Social Media IP Public Domain Art 80

Kluwer Copyright Blog

APRIL 5, 2023

which refer to a person’s rights to name and image. It also ordered the company to pay 1.500 euros for each day of delay in the execution of the judicial order, as well as the publication of the decision on a large scale. Setting aside the private international law aspects, the case deserves examination on two main grounds.

Public Domain 98

Public Domain Copyright Law Artwork 98

Plagiarism Today

APRIL 27, 2022

It refers to the Wayback Machine as a “permanent public archive” though it is far from that. The letter also makes reference to a “DMCA legal case”, which is simply not a thing. Either seeking out public domain licensed images or stock photos from libraries he has legal access to. How to Avoid the Scam.

Copyright Infringement 254

Copyright Infringement Public Domain Copyright Copyright Notice 254

The IPKat

NOVEMBER 22, 2022

Thus, the owner of a canvas, in general, cannot make reproductions of the work it contains and distribute these copies or make them available on the Internet, unless such work is in the public domain or is subject to any limitation or exception to the rights of its author [see IPKat here ].

Artistic Work 144

Artistic Work Artwork Public Domain Intellectual Property 144

Kashishipr

APRIL 20, 2022

The North American Free Trade Agreement defines a trade secret as “Information having commercial value, which is not in the public domain, and for which reasonable steps have been taken to maintain its secrecy.” Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.”

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

The IPKat

JULY 22, 2021

The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours. Figure 1: Get your paws on this new book y'all!

Trademark 57

Trademark Public Domain Copyright Cease and Desist 57

Kluwer Copyright Blog

DECEMBER 5, 2022

While creating AR experiences, so-called markers provide information on the real-world element of reference to be overlapped with digital images. The creation of AR experiences may involve acts of reproduction and communication to the public that have potential copyright implications. i) Public domain works.

Copyright 103

Copyright Public Domain Art Moral Rights 103

Plagiarism Today

JANUARY 24, 2022

Copyright Office, which is part of the federal government, the work itself is in the public domain. Best of all, it’s written in plain language, making it very easy to understand, and offers references to other circulars for a deeper dive on particular topics if wanted. Best of all, since it was produced by the U.S.

Copyright 222

Copyright Public Domain Registration Plagiarism 222

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.

Copyright Law 86

Copyright Law Copyright Law Public Domain 86

TorrentFreak

SEPTEMBER 28, 2023

To bolster their argument, the authors refer to a recent ruling in a Thomson Reuters lawsuit, which also deals with AI-related copyright claims. In that case, the court rejected the fair use argument and referred the matter to trial. .” Given that, OpenAI’s arguments regarding fair use are wholly misplaced.

Fair Use 94

Fair Use Copyright Copyright Infringement Derivative Work 94

TorrentFreak

DECEMBER 7, 2021

This service is the most advanced and works with reference files that rightsholders can upload. An inaccurate or abusive reference file can result in thousands of automated claims. Regular mistakes happen as well, and that’s why YouTube has a team that reviews the accuracy of reference files. Claim Options.

Reporting 123

Reporting Public Domain Copyright Advertising 123

Kluwer Copyright Blog

JUNE 19, 2023

Lastly, the most liberal paradigm of copyright licensing is where the artist renounces any ownership claims to the work’s copyright and related rights through the use of ‘The Creative Commons Zero (CC0) Model’, also referred to as ‘The No Rights Reserved Model’.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

The IPKat

FEBRUARY 12, 2024

Indeed, much of the debate takes place, consciously or unconsciously, in reference to cliché assumptions about moral rights.” The authors emphasize that AI cannot hold moral rights and that in the absence of an author, the work should be in the public domain.

Moral Rights 73

Moral Rights IP Intellectual Property Public Domain 73

Patently-O

FEBRUARY 5, 2024

Justice Douglas goes on: It is worth emphasis that every patent case involving validity presents a question which requires reference to a standard written into the Constitution. Every patent is the grant of a privilege of exacting tolls from the public. Although case applied pre-1952 law, the reminder here is poignant. John Deere Co.

Law 44

Law Public Domain Design Patent Invention 44

Biswajit Sarkar Copyright Blog

MARCH 17, 2022

Man’s ideas are both public and private in their essence. The owners’ and people’s ideas and works are generated with uniqueness and creativity, and they are released into the public domain. If in the cases of performance, the rights of a performer are misused.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Music 52

Patently-O

APRIL 17, 2024

In Dastar , the defendant had copied footage from an old television series that had entered the public domain, made minor edits, and sold the resulting videos as its own product without attribution to the original creators.

False Advertising 113

False Advertising Advertising Advertising Patent 113

Biswajit Sarkar Copyright Blog

MARCH 22, 2022

Subsequently, performance can be referred to as the representation of any visual or acoustic presentation which has been performed by one or more performers. He has the right of communicating the work in the public domain. actor, juggler, snake charmer, or any person who is making a performance.

Copyright Law 52

Copyright Law Copyright Law Public Domain 52

Kashishipr

MAY 25, 2022

A patent refers to an exclusive right granted by the patent authority of a nation to the inventor or applicant of a unique invention. 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. 3) State-of-the-Art Search.

Patent 78

Patent Patent Application Inventor Invention 78

The IPKat

JANUARY 5, 2023

holding that the character of Zorro had fallen in the public domain. In all this, the Court of Appeal held that no trade mark infringement had occurred, since the reference to Zorro had been done without any "distinctive intent" ( intento distintivo ), that is: the use of the sign had not been undertaken as a trade mark.

Copyright 138

Copyright Law Advertising Advertising 138

Velocity of Content

JUNE 8, 2022

Barrie conceives of the character and refers to him in newly-written poems. The dust jacket text refers to the centenary of the novel’s initial publication and the fact that the rightsholder – Great Ormond’s — opted to mark this occasion by authorizing this work, promoting it as “the first ever authorized sequel to J.M.

Derivative Work 104

Derivative Work Public Domain Copyright Fair Use 104

The IPKat

NOVEMBER 14, 2022

a public domain work) does not preclude at the outset that it could be also regarded as a badge of origin and, as a result, be protected as a trade mark. and also that the realization of Banksy’s works out of illegality (meaning: on third-party property) would mean that they would not be protectable works (why?).

Artwork 122

Artwork Copyright Registration Public Domain 122

IP and Legal Filings

NOVEMBER 11, 2021

A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Google, the plaintiffs David Elliot and Chris Gillespie acquired 763 domain names that were an amalgamation of the word “google” with another brand. In Elliot v.

Trademark 85

Trademark Cease and Desist Branding Brands 85

Kluwer Copyright Blog

NOVEMBER 19, 2021

André starts by explaining that although they are traditionally referred to as “exceptions and limitations” of copyright, this paper refers to them as “user rights” to reflect the complex layers of this issue. André explains they “decided to avoid focusing on issues specific to U.S.

Copyright 111

Copyright Intellectual Property Law Public Domain Copyright Law 111

The IPKat

NOVEMBER 30, 2021

2017/1001 (which the GC later said must be understood to refer to Article 8(4a) of Regulation No. As such, it held that the BoA was correct to refer to PDOs and PGIs registered under Regulation No. Picture on the lower left is Jon Sullivan, who has released it into the public domain.

Public Domain 120

Public Domain Designs Design Registration 120

The IPKat

FEBRUARY 28, 2022

In its principal claim, Aurora Soma did not refer to future UK rights and neither sought an injunction specifically for the UK territory. The top picture is in the public domain. In such cases, an ex officio application of the Withdrawal Agreement seems justified.

Public Domain 122

Public Domain Trademark Law 122

Biswajit Sarkar Copyright Blog

AUGUST 12, 2022

However, in the Intellectual Property policy framework, traditional knowledge refers to the knowledge related to medical, environmental and biological resources. This refers to the identification, documentation, transmission, revitalization and promotion of cultural heritage.

Intellectual Property 52

Intellectual Property Public Domain Music IP 52

Biswajit Sarkar Copyright Blog

NOVEMBER 21, 2022

The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act). A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner.

Patent 52

Patent Invention Public Domain Patent Law 52

The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

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Copyright Moral Rights Government Public Domain 62

The IPKat

JANUARY 25, 2022

It claimed that the ‘Cultcamper’ element in Pinball’s mark expressly referred to its ‘Bulli’ campers (paragraph 11), meaning that the term would be descriptive and explicitly linked to its own vehicles. Pictures of marks are in the public domain. Picture on top middle is by Riana Harvey, who grants permission for its use.

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Public Domain Registration Licensing Publishing 133

IP and Legal Filings

SEPTEMBER 12, 2022

Subject matter of a copyright is covered under section 13 of the Copyrights Act 1957 (hereby referred to as the Act) which subsists of the following: Literary Work. The picture was released in Public Domain without permission, which is the issue with this. Copyrighting Art. Subject Matter of Work. Cinematographic Work.

Art 52

Art Copyright Artistic Work Public Domain 52