The IPKat

APRIL 18, 2022

Here’s what happened (spoiler alert: Four Tet prevailed on some, but failed in others)… Background Mr Keiran Hebden, who goes by the artistic name of Four Tet, as a music artist, is suing his record label Domino Recording Company for breach of contract. The songs have since returned to streaming platforms.

Contracts 96

Contracts Music Copyright Copyright Infringement 96

IP and Legal Filings

MARCH 9, 2022

The concept of the Indian Copyright Act, there are two perspectives which can be discussed, it is the Authorship rights of the employers concerning the context of the employment-based on contract, firstly about freelancers and secondly the employees. 483 (2001) ). Tasini Case ( New York Times Co. Tasini, 533 U.S.

Ownership 97

Ownership Copyright Trademark Contracts 97

Kluwer Copyright Blog

JUNE 20, 2023

However, the Court specified that this UsedSoft judgment exclusively protects computer programs, as the Computer Programs Directive is lex specialis to Directive 2001/29/EC. However, smart contracts merely permit such coded resale royalty commands, they do not ensure their operability.

Artwork 98

Artwork Contracts Ownership IP 98

LexBlog IP

SEPTEMBER 29, 2021

From this date the old EU SCCs (based on European Commission Implementing decisions (2001/497/EC) and (2010/87/EU)) were repealed. This means that companies now have 15 months left to replace all contracts incorporating the old SCCs with the new SCCs. The new SCCs must be used from this date. 27 December 2022.

Contracts 52

Contracts Intellectual Property 52

Olartemoure Blog

JULY 17, 2023

Barbie was created in 1959, and when she was 42 years old, in 2001, Bratz entered the scene. These new dolls captured about 40% of Barbie’s market share in five years, creating tension between Mattel and MGA.

Intellectual Property 52

Intellectual Property Contracts Design Designs 52

The IPKat

JUNE 16, 2024

Background In 1999, Cattelan contacted Druet to create 8 wax sculptures, including amongst others La Nona Ora (1999) , La Rivoluzione Siamo Noi (2000) , and Him (2001). The authorship of some of Cattelan’s best-known wax sculptures. Over time, the relationship between Druet and Cattelan deteriorated (to put it mildly), until it ceased.

Art 139

Art Copyright Copyright Law Law 139

Patently-O

MAY 2, 2022

On appeal, the Federal Circuit looked to the contract and its own prior precedent to conclude that a purchase agreement is a classic offer to sell. ” On appeal, the Federal Circuit found that those contract provisions do not necessarily indicate any intent to experiment with the system design or to ensure that the invention works.

Invention 83

Invention Contracts Licensing Inventor 83

Olartemoure Blog

JULY 17, 2023

Barbie was created in 1959, and when she was 42 years old, in 2001, Bratz entered the scene. These new dolls captured about 40% of Barbie’s market share in five years, creating tension between Mattel and MGA. La entrada Infographic | Barbie movie se publicó primero en OlarteMoure | Intellectual Property.

Intellectual Property 52

Intellectual Property Contracts Design Designs 52

The IPKat

SEPTEMBER 26, 2024

The reason is that claimants allege that the various provisions of the copyright reform go against constitutional rights and freedoms, such as the freedom of contract and the freedom to conduct a business. If applicable, is the exception to the notification obligation provided for in Article 7(1)(a) of the same Directive applicable?

Publishing 129

Publishing Art Licensing Confidentiality 129

Kluwer Copyright Blog

DECEMBER 12, 2022

Concomitantly, the imposition of APCs has created new, and sometimes insurmountable, barriers to publication for researchers that are not affiliated to a contracting institution. [6] 8b Ordinary publishing contracts between authors and publishers on which the “Big Deals” largely rely, however, rarely, if ever, provide for such remuneration.

Copyright 130

Copyright Publishing Journalism Art 130

Kluwer Copyright Blog

JULY 27, 2022

MS should take steps to ensure that prior contracts do not render the TDM exception useless; for example, by providing that prior subscription contracts must be adjusted to accommodate the principle of non-compensation for non-profit scientific research within a reasonable period after the implementation of the Directive.

Copyright 98

Copyright Marketing Marketing Copyright Law 98

The IPKat

APRIL 19, 2023

Put succinctly, the CJEU ruled in that case that the EU Charter does not allow a Member State to limit, through its own national law, fundamental EU rights, even if that limitation is based on the possibility given to contracting parties (in that case: the WIPO Performances and Phonograms Treaty (WPPT).

Art 52

Art Copyright Intellectual Property Law Law 52

IP and Legal Filings

FEBRUARY 28, 2023

The Court held that when the parties to the suit entered into a contract with a clause regarding the security cheque, there was no subsisting liability or debt which is why the contract itself makes it clear that the cheque had to be handed over as a security. Jayaswals Neco Ltd, Appeal (crl.)

Contracts 98

Contracts Business Settlement Law 98

Patently-O

OCTOBER 12, 2022

The parties had signed a prior contract with an arbitration agreement and Amyris unsuccessfully sought an arbitration order. Lavvan, Inc. Amyris, Inc. , 21-1819, 2022 WL 4241192 (2d Cir. 15, 2022) ( 21-1819_so ). Lavvan sued Amyris for patent infringement. The district court order denying arbitration is immediately appealable under 9 U.S.C.

Patent Infringement 61

Patent Infringement Contracts Patent 61

Kluwer Copyright Blog

DECEMBER 6, 2023

of the European Charter of Fundamental Rights) and, while it must work in balance with other fundamental rights, this balance is directly reflected in EU law within a closed list of copyright exceptions (found primarily in the 2001 InfoSoc Directive and the new DSM Directive).

Copyright 122

Copyright Publishing Marketing Marketing 122

The IPKat

MAY 9, 2023

In 2008, the parties concluded a contract, which included the following clauses [translation by this Kat]: § 4 Protection of the work and of the author […] 4.3 The client owns the copyright to the image of the building, which is the object of this contract. (2) Statutory copyright protection remains unaffected. […] § 13.

Copyright 52

Copyright Moral Rights Contracts Art 52

Kluwer Copyright Blog

MAY 30, 2022

An aspect that remains fully obscure is the interplay between these criteria and the parties’ freedom to contract. The Italian provision requires the negotiation of the contract to be conducted “taking into account the criteria set by AGCOM” (Art. To date, the decree has yet to be drafted. 43bis (9)). Since Article 43bis l.aut.

Publishing 59

Publishing Law Contracts Licensing 59

IP and Legal Filings

DECEMBER 23, 2023

Furthermore, it specifies that the memorandum ought to include the name of the individual who, with the subscriber’s prior assent, shall be admitted as a member of the organisation in the subscriber’s absence or demise or inability to sign contracts.

Business 105

Business Reporting Contracts Design 105

LexBlog IP

SEPTEMBER 29, 2021

Consumer Rights Bill – This Bill will give effect to two EU Directives (770/2019 and 771/2019) on consumer contracts for the supply of digital content and digital services, and on consumer contracts for the sale of goods.

Publishing 40

Publishing Government Contracts Law 40

Kluwer Copyright Blog

MAY 30, 2022

An aspect that remains fully obscure is the interplay between these criteria and the parties’ freedom to contract. The Italian provision requires the negotiation of the contract to be conducted “taking into account the criteria set by AGCOM” (Art. To date, the decree has yet to be drafted. 43bis (9)). Since Article 43bis l.aut.

Publishing 52

Publishing Law Contracts Licensing 52

The IPKat

NOVEMBER 21, 2023

Background In 2001, Diego Armando Maradona, widely regarded as one of the best football players of all time, submitted an application to register the word mark DIEGO MARADONA (the Mark) as an EUTM in classes 3, 25 and 42, in respect of a range of services.

Registration 69

Registration Ownership Intellectual Property Contracts 69

IP and Legal Filings

JUNE 27, 2022

The Semiconductor Integrated Circuits Layout-Design Act of 2000 along with the Semiconductor Integrated Circuits Layout-Design Rules of 2001, protects the original and unique layout designs. Devices like- Computers, TVs, Watches etc. This is a unique kind of protection provided to the breeder in the form of Plant “Breeder’s Rights (PRBs).

Intellectual Property 52

Intellectual Property Moral Rights Design Designs 52

SpicyIP

JANUARY 2, 2022

The suit concerned agreements dating back to 2001 between IPRS and ENIL regarding broadcasting music in certain cities. It is to be noted that extant varieties not being subject to ‘novelty’ requirements under section 15(2) of the Protection of Plant Varieties and Farmers Rights Act, 2001, face a lesser burden whilst seeking registration.

IP 143

IP Intellectual Property Copyright Trademark 143

IP and Legal Filings

FEBRUARY 10, 2023

The corporation may not be recognized as a foreign company in the contracting Country from an inbound/immigration viewpoint, in which case the limited liability status’s safeguard would be lost. Corporations Act 2001 (Cth), Sec. 249 EC Treaty). Drury, ‘Migrating companies’, 24(4) [1999] European Law Review 354-372.

Law 98

Law Business Government Journalism 98

Kluwer Copyright Blog

MARCH 14, 2024

Part II will focus on copyright contract law and claims under copyright law. Exploitation (exclusive) rights Germany has implemented the EU provisions governing exploitation (exclusive) rights, as harmonised under Union law in Articles 2 to 4 of the InfoSoc Directive 2001/29, in Sections 15 to 22 UrhG.

Law 69

Law Music Art Copyright 69

SpicyIP

MAY 4, 2023

Background In 2001 Music Broadcast Private Limited, which runs the radio station ‘Radio City’, entered into a license agreement with the Indian Performing Rights Society (IPRS), a copyright society , to utilize its repertoire of literary and musical works for FM radio broadcast.

Music 98

Music Copyright Ownership Licensing 98

Kluwer Copyright Blog

APRIL 20, 2022

On top of it all, terms contracting out the new user right(s) are proposed to be null and void (sv. 2001/02:150, p. 299; however such content may be disabled on other legal grounds than copyright if the circumstances call for it). But there is more.

Copyright 59

Copyright Intellectual Property Law Public Domain Copyright Law 59

Copyright Lately

JULY 17, 2022

Jay died in 2001, and for most of the following years, Tammy received, through Jay’s trust, a share of royalties from the exploitation of his songs.

Copyright 61

Copyright Music Social Media Publishing 61

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. 2 of the overall contract, available here ). Photo by Norbert Braun from Unsplash.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

IP Intelligence

APRIL 24, 2023

In a movie, this definition, in the absence of a contract to the contrary, would generally limit authorship to someone at the top of the screen credits, sometimes the producer, sometimes the director, possibly the star or the screenwriter – someone who has artistic control.” 2018) (citing Design Data Corp. Unigate Enter. , Drosnin , 136 F.

Ownership 98

Ownership Copyright Registration Public Domain 98

Kluwer Copyright Blog

MAY 17, 2023

along the same lines, the presence of a wave of amendments of national copyright flexibilities after 2001 , which, however, regarded only certain categories (e.g., among others, disabilities, cultural uses, temporary reproductions, private copy, ephemeral recording, various types of lawful uses), but not others (e.g.

Reporting 52

Reporting Copyright Public Domain Copying 52

The IPKat

MARCH 27, 2022

After further design work on an elasticated panel (or gusset to expand and contract with the calf) with strips of leather/suede running down the back of the boot and adding of tassels, the design was finalized in November 2014. The final design added a higher heel and varied the design of the leather/suede strips. 2) [1997] R.P.C.

Designs 52

Designs Design Copying Art 52

LexBlog IP

APRIL 24, 2023

’ In a movie, this definition, in the absence of a contract to the contrary, would generally limit authorship to someone at the top of the screen credits, sometimes the producer, sometimes the director, possibly the star or the screenwriter – someone who has artistic control.” 2018) (citing Design Data Corp. Drosnin , 136 F.

Ownership 64

Ownership Copyright Registration Public Domain 64

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 19, 2021

Liqwid filed suit asserting claims for patent infringement, trade secret misappropriation, and breach of contract. The court relied in part on a similar holding by the Fourth Circuit in a case applying Maryland’s identically worded UTSA. DTM Research, L.L.C. AT & T Corp., 3d 327 (4th Cir. Right to Trial by Jury in Unjust Enrichment Cases.

Patent Application 40

Patent Application Law Patent Publishing 40

Plagiarism Today

DECEMBER 13, 2022

The case is now heading to the Supreme Court, where Genius is arguing that the Second Circuit went against most other circuits and Google argues that Genius is trying to use a contract to invent a new right. 2: DaBaby Facing Copyright Lawsuit Over His No. 1 Hit “Rockstar”.

Settlement 246

Settlement Plagiarism Reporting Licensing 246

Technology & Marketing Law Blog

JUNE 20, 2023

As a result, Time magazine canceled its contract to publish a 7,500-word excerpt shortly before the book’s publication. 483, 505 (2001). The Court held 6-3 that The Nation’s article was not a fair use. at 563). (464 U.S. at 460, 494, 499) The Court made the same observation about injunctions in Campbell (510 U.S. Tasini , 533 U.S.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

JIPL Online

FEBRUARY 25, 2021

1] It’s not uncommon to hear artists complain about record label contracts once they see the impact their deals have on the control of their own music. [2]. 12] Future of Music Coalition Staff, Major Label Contract Clause Critique, Future of Music Coalition (Oct. 3, 2001), [link]. [13] BACKGROUND. ANALYSIS AND UPSHOT.

Music 98

Music Contracts Ownership Copyright Law 98