IP and Legal Filings

OCTOBER 7, 2022

This article covers copyright infringement and related rules for OTT platforms. One of many Indian laws that defends creators’ intellectual property rights is the Copyright Act of 1957. A copyright is a legal privilege granted to the owner of intellectual property. It is the right to copy, as the name implies.

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Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

OTT services may implement tools for content recognition and removal of infringing material from User-generated Content (UGC). Moreover, Section 51 of the Act of 1957 categorizes the reproduction of any literary, dramatic, musical or artistic work in the form of a cinematographic work as an infringing copy.

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IP and Legal Filings

MARCH 31, 2023

Introduction In order to determine copyright infringement , the ‘substantial similarity test’ has routinely been employed by the US Courts. If any other person makes an unauthorized copy of that work, the owner shall have a right of action against him. The defendants were provided with a copy of the screenplay.

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SpicyIP

JULY 31, 2023

Additional Enablement under Copyright and IT Acts and Introduction of Intermediary Liability: Apart from imposing various penalties, the recent bill allows an aggrieved individual to take legal actions for computer-related offenses under Section 66 of the Information Technology Act, 2000 (or any other relevant laws currently in force).

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IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. Challenges in IPR Regulation in e-commerce As per a survey, around 38% online buyers experienced counterfeit products and 1/3 rd people have gotten copied products. 21, Acts of Parliament, 2000 (India).

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SpicyIP

NOVEMBER 20, 2023

However, historically, the Act had no provisions to put in place any mechanism of sorts to deal with infringing copies of film being exhibited or distributed. Apart from the newly inserted sections, the whole scheme of the Act does not talk about copyright infringement or film piracy. 79(3)(b) of IT Act, 2000.

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Kluwer Copyright Blog

MAY 30, 2024

In the EU, Article 4(2) of the InfoSoc Directive specifically addresses exhaustion, stating that the distribution right of the copyright holder is exhausted within the EU after the first sale or other transfer of ownership of a copy of a work with the rightholder’s consent.

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IP and Legal Filings

JULY 21, 2022

Among the other solutions, the most easy and feasible way to come out of the problem of unavailability and unaffordability was to start copying the books, study materials, and video lectures with the help of different mechanisms. The secondary copyright infringement or contributory infringement has not got much attention.

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CopyrightsWorld

FEBRUARY 15, 2021

Copyright infringement and how to stop it is a question in the minds of most of us these days. The DMCA’s principal was adopted by the European Union in the Electronic Commerce Directive 2000. Along with Google, most social media have their own services for copyright infringement and takedown requests.

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LexBlog IP

OCTOBER 14, 2021

Wilmott Storage Services, LLC , decided September 9, 2021, the Ninth Circuit clarified the role that the de minimis concept plays in copyright infringement cases. In essence, the Ninth Circuit explained that de minimis goes to the amount of copying of a copyrighted work as opposed to any de minimis use or display of any such a work.

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IP and Legal Filings

JULY 13, 2022

In the aforementioned case, it was SCC, the Supreme Court Case reporter who alleged infringement of copyright by other websites who copied and took their painstakingly set-up content, for instance, headnotes, summaries and case references. Copyright Act or Design Act?

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Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2000) (“ copying an entire work militates against a finding of fair use. ”). 3d 723, 743 (9th Cir.

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SpicyIP

SEPTEMBER 6, 2021

The Allahabad High Court has refused to grant a stay on the release of the film ‘Chehre’ starring Amitabh Bachchan in an appeal filed by Writer Uday Prakash alleging copyright infringement by Producer Anand Pandit and Director Rumi Jaffery. Madhya Pradesh High Court in M/s Mold Tek Packing Ltd. Delhi High Court in Dassault Systems v.

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IPilogue

JANUARY 14, 2022

Is GitHub’s New Feature a Copyright Infringer? Copyright Confusion: Sony Upsetting Nintendo YouTubers by Natalie Bravo. 2000 SCC 66 at para. Copyright Law. The Copyright Act ’s section 29 fair dealing provision, which allows for certain uses of copyright-protected materials, remained a central issue.

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IP and Legal Filings

APRIL 24, 2023

The Designs Act, 2000 (“the Act”), is a complete code in itself and protection under it is totally statutory in nature. Any member of public can take inspection of the records and obtain a certified copy of the entry. Section 19 of the Indian Design Act 2000 provides for rectification of a registered design in India.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

These include (and may be limited to) Hong Kong ( section 11(3), Copyright Ordinance ), India (section 2(d)(vi), Copyright Act, 1957 ), Ireland ( Art. Text and data mining There is wide disparity in the scope of exceptions in national copyright laws permitting copying for the use of training AI.

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IP and Legal Filings

AUGUST 19, 2022

Databases and the Need for Protection: Nowadays, database thieves can use a variety of electronic tools to copy any database and distribute it globally, and they can do so for a fraction of the high cost associated with producing such products. The Information Technology Act, 2000 protects sensitive and private data in India.

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IP and Legal Filings

SEPTEMBER 12, 2022

Cooper case, a work does not have to be entirely unique in order to be protected by copyright; rather, there needs to be some effort put into it and it cannot be a carbon copy of another person’s work. The lack of organisation and ambiguity make the protection problematic even if the work is copyrighted. Corel Corp.

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SpicyIP

NOVEMBER 15, 2022

The court further directed the authorities to look whether these DNRs ought to be permitted to continue to offer their goods and services in India, if they are not giving effect to orders the courts and not complying with the provisions of IT Act 2000, and the 2021 Rules. Comedian Vir Das, Netflix booked for copyright infringement.

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Patently-O

DECEMBER 11, 2023

45, to bring enforcement actions aimed at activities, including those involving the training and use of AI, that might involve copyright infringement—although we would note that the copyright consequences of AI are, as yet, undefined. That is far too hasty. Under governing law, that is a judicial function.

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IP Intelligence

JUNE 3, 2024

Warner) to license certain works from the Music Specialist catalog, including “Jam the Box,” which was interpolated into Flo Rida’s hit song “In the Ayer,” which went on to sell millions of copies. Nealy sought damages for alleged copyright infringement dating back to 2008 – 10 years before he filed suit. 1] The U.S.

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LexBlog IP

JULY 14, 2023

sent on June 9, 2023 by granting Italian artist Maurizio Cattelan’s motion for summary judgment in a copyright lawsuit fellow artist Joseph Morford brought against him in the Southern District of Florida. [1] Morford’s claim is barred by the copyright doctrine of merger. 13] The Works (l.) 22] The banana is a real banana.

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IP and Legal Filings

JANUARY 23, 2023

Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. Image Sources : Gettyimages] One of the important issues in online is copyrights.

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Copyright Lately

JULY 10, 2022

A banana taped to a wall may qualify as art, but as a copyright infringement lawsuit it should have been left to rot. In some ways it’s only fitting that Cattelan finds himself defending an absurd copyright infringement lawsuit. But enough about food, let’s talk about copyright infringement.

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IIPRD

FEBRUARY 8, 2024

Copyright laws, for instance, vary from jurisdiction to jurisdiction. What constitutes copyright infringement in one country may not be in another. 1] , t he cloud service provider was not made liable even after abetting the infringement. 21, Acts of Parliament, 2000 (India). [1] Thus, in Tiffany(NJ) Inc.

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Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. But Lewis thought the song was a rip-off of “I Want a New Drug” and asserted a copyright infringement claim against Columbia Pictures. Cinema Secrets (2000).

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Technology & Marketing Law Blog

MAY 15, 2024

If the Supreme Court upholds the discovery rule for copyright cases, or simply declines to address it, the decision will leave copyright defendants exposed to very large awards for years of infringing conduct (as they have been everywhere but the Second Circuit). 549, 555 (2000). Wood , 528 U.S. Accord Klehr v.

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SpicyIP

NOVEMBER 16, 2023

Hulm Entertainment alleged Fantasy Sports had substantially copied its ‘original trading and stock features’ along with the graphical user interface (GUI) of their fantasy sports mobile application “Exchange22”. Apart from this, the court held that :- (i) copyright infringement hinges on the substantial similarity between competing works.

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SpicyIP

AUGUST 12, 2024

Max Care Chemist And Anr on 31 July, 2024 (Saket District Court, South Delhi) Image from here The Court held that the plaintiffs were entitled to damages for legal expenses for instituting a suit for trademark infringement. Manjummel Boys” producers pays INR 60 Lakhs to Ilayaraja against allegation of copyright infringement.

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Technology & Marketing Law Blog

JULY 25, 2022

In so holding, the Ninth Circuit created (or widened) a circuit split with the Second Circuit, which previously held that even under the discovery rule, damages for copyright infringement are limited to “a three-year lookback period from the time a suit is filed.” Scholastic, Inc. , 3d 39, 52 (2d Cir. Scholastic, Inc. , 3d 39 (2d Cir.

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SpicyIP

MAY 6, 2024

vs Prerna Rajpal Trading As The Amaris Flagship Store on 29 April, 2024 (Delhi High Court) The dispute is over copying substantial elements like placement, pattern, color combination of plaintiff’s Serpenti Ocean Treasure Necklace by the defendant’s Shield-It Necklace. Bulgari S.P.A Kutch’s Ajrakh gets GI tag.

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

A work is fixed in either a “copy” or a “phonorecord.” “Phonorecords” are defined as material objects in which only sounds are fixed, while “copies” are defined as material objects in which any other kind of work is fixed. [ 17 U.S.C. 101 ] Issue 1: Are the recorded interviews a copyright-eligible “work of authorship”?

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