Technology & Marketing Law Blog

JUNE 27, 2023

Among all of the fruits, bananas play an especially important role in copyright jurisprudence. For example, we must resolve when duct-taping a banana to a wall infringes copyright. This case involves Morford’s 2001 artwork named “Banana and Orange.” Copying-in-Fact. ” Independently (?)

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Copyright Artwork Copying Social Media 93

LexBlog IP

DECEMBER 2, 2021

The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement claim or to depart from this approach and apply the Second Circuit’s “ordinary observer” test instead.

Copyright Infringement 52

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The IPKat

JANUARY 17, 2024

The book that is going to change copyright law? After the referrals in Mio [IPKat here and here ] and USM Haller [IPKat here ] , another referral asking about the meaning of originality in EU copyright law has been made to the Court of Justice of the European Union (CJEU): it is the referral from Romania in Institutul G.

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Copyright Lately

DECEMBER 29, 2021

Remembering another frustrating year with a countdown of 2021’s most unsatisfying copyright rulings. Here are my personal picks for the copyright opinions from 2021 that, much like the year itself, leave a little something to be desired. Walt Disney Company.

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Copyright Fair Use Social Media Copying 112

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Blogging 81

Blogging Copyright Contracts Cease and Desist 81

IPilogue

FEBRUARY 28, 2023

The United States Court of Appeals for the Ninth Circuit reversed a 2019 federal district court’s ruling that held a French court’s ruling was unenforceable due to a conflict in copyright laws between the countries. This, however, was reversed in 2001 with a ruling against Wofsy, who became responsible for 10,000 francs per infraction.

Fair Use 105

Fair Use Copyright Copyright Infringement Copyright Law 105

Kluwer Copyright Blog

NOVEMBER 22, 2021

In addition to rights of the author, German copyright law also recognises related rights. This personal intellectual creation is lacking if the photographs in question are “mere reproductions of other photographs” in which an original has been merely reproduced (copied) as closely as possible. 3, second sentence UrhG.

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Related Rights Law Copyright Copying 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

Germany has regulated exploitation rights, as harmonised under European law in Articles 2 to 4 of the InfoSoc Directive (2001/29), in Sections 15 to 22 UrhG. The right of distribution, as set out in European law in Article 4(1) of the InfoSoc Directive (2001/29), is found in Germany in Section 17(1) UrhG.

Law 52

Law Copyright Television Copyright Infringement 52

Olartemoure Blog

JULY 17, 2023

Barbie was created in 1959, and when she was 42 years old, in 2001, Bratz entered the scene. Mattel produced the line of dolls called “My Scene” In April 2005… MGA (Bratz) filed a lawsuit claiming that Mattel (Barbie) had copied the distinctive big-headed and slim-bodied appearance of the Bratz dolls in this new line.

Intellectual Property 52

Intellectual Property Contracts Designs Design 52

LexBlog IP

DECEMBER 7, 2022

copyright law does not protect “elements of expression that nature displays for all observers,” [8] which, according to Cattelan, excludes the main components of Morford’s artwork. Morford’s work is only protected by a “thin” copyright, and there is no substantial similarity between the two works.

Copyright 52

Copyright Copying Artwork Art 52

SpicyIP

JULY 31, 2023

Prima facie, it seems like an improvement from the previous drafts which kept the contours of piracy open by limiting it to “authorized places;” however, it actually expands it by subjecting it to “a manner that amounts to the infringement of copyright under the provisions of the Copyright Act, 1957.” Isn’t it?

Copying 74

Copying Copyright Television Copyright Infringement 74

The IPKat

OCTOBER 15, 2023

When assessing whether a work of applied art affords exclusive rights granted through copyright, what factors should be considered? The Respondent submitted that the Palais Royal dining table would not be protected by copyright since it is not sufficiently original.

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Art Designs Design Marketing 91

The IPKat

AUGUST 25, 2023

If this Kat were to draw up a list of the types of work most likely to be the subject of copyright infringement proceedings, photographs would be quite high if not, in some countries, even at the top of the list. It should be borne in mind that infringement of copyright in a photograph is not so easily upheld by the courts.

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Copyright Infringement False Advertising Branding Brands 52

IIPRD

AUGUST 11, 2023

However, the US Court has held Napster [2] , which was a file-sharing platform as well, guilty of infringing copyrighted materials and was denied the defence of fair use. Image Sources: Shutterstock] ‘Donjishi’ is another form of copyright infringement of a manga creator. For content piracy, Takeshobo Inc.,

Art 52

Art IP Intellectual Property Copyright 52

SpicyIP

AUGUST 4, 2024

Novex Communications Private Limited vs Siddhivinayak Hospitality on 29 July 2024 (Bombay High Court) Image from here An ad-interim relief was granted by the Court in a copyright infringement case instituted by the plaintiff. The plaintiff company owned the copyright of several films and these were not licensed to any party.

Social Media 89

Social Media Trademark Licensing Music 89

Kluwer Copyright Blog

SEPTEMBER 20, 2023

When the German Federal Court of Justice (BGH) issued its fourth ruling in the “Metall auf Metall” copyright sampling case in April 2020, it seemed that the dispute would finally reach the top of the hill (see here ). In 1977 Kraftwerk released a phonogram featuring the instrumental electronic song “Metall auf Metall” (Metal on Metal).

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Art Copyright Law Copyright Music 73

IP and Legal Filings

SEPTEMBER 29, 2021

In 2001, several record companies such as Sony Music Entertainment, Atlantic Records, MCA Records, Island Records, Motown Records, Capitol Records and BMG Music collectively filed a lawsuit against Napster. The Napster case gained immense popularity since it explored the intersection of copyright laws and peer-to-peer file sharing systems.

Fair Use 52

Fair Use Music Copying Copyright 52

SpicyIP

MARCH 11, 2024

Abhi Traders vs Fashnear Technologies Private Limited on 29 February, 2024 (Delhi High Court) The plaintiff, a popular e-commerce seller, filed a suit against defendants on www.meesho.com for unauthorized use of copyrighted images and selling counterfeit goods. Third, the evidence of the plaintiff’s use of the mark from 1989 are fabricated.

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Technology & Marketing Law Blog

MAY 15, 2024

In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.” Nealy , No.

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Music Blogging Copyright Ownership 96

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790).

Contracts 98

Contracts Copyright Law Cease and Desist 98

IP Intelligence

JUNE 3, 2024

In affirming the Eleventh Circuit’s ruling, the Supreme Court confirmed that a plaintiff that timely files a copyright claim under the discovery rule can recover damages for infringement that occurred more than three years prior to filing the lawsuit. Under the incident of injury rule, “[a] copyright claim. 1] The U.S.

Music 52

Music Copyright Copyright Infringement Due Diligence 52

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law.

Fair Use 52

Fair Use Trademark Copyright Editing 52

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. That’s the message, at least, that U.S.

Art 52

Art Copyright Copying Art Law 52

Technology & Marketing Law Blog

JUNE 20, 2023

Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. As usual, readers who are already familiar with the case and/or with copyright law may skip the “Background” sections below (but don’t skip the commentary “The Road Not Taken”).

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Fair Use Derivative Work Blogging Licensing 96

JIPEL Copyright Blog

MARCH 21, 2022

Melee is a GameCube game that was released in 2001; unlike most competitive esports, Melee was released without any online features. This means that TOs have been tasked with getting enough GameCubes, Wiis, copies of the game, and clunky CRT TVs to play on. Super Smash Bros. The second issue comes from Slippi itself.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

Kluwer Copyright Blog

MARCH 21, 2023

The Directive does this through a mandatory exception for copyright infringement that allows cultural heritage institutions and educational institutions to reproduce and make available orphan works from their collections to the public. As a result, the impossibility to disseminate valuable cultural heritage remained.

Copyright 101

Copyright Marketing Marketing Licensing 101

LexBlog IP

JULY 5, 2022

Scenario 1: Protecting the Work by Copyright. The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. ” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward.

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Intellectual Property Design Patent Designs Design 52

Above the Fold

JULY 5, 2022

Scenario 1: Protecting the Work by Copyright. The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. 1] The best part about a copyright is that its registration is typically inexpensive and straightforward.

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Intellectual Property Design Patent Designs Design 40

Selvam & Selvam Blog

DECEMBER 20, 2022

10000 (Approx US $200 as of 2001). And now last week in Microsoft Corporation & Anr vs Rupesh Waidande , it was against a Mumbai-based company for infringing Microsoft’s copyrights on almost 130 devices. Here also the court responded to the infringement with damages of Rs.20 30 lakh (approx. US$ 36000). 150 (approx.

Business 52

Business Intellectual Property Copyright Copying 52

Kluwer Copyright Blog

JUNE 7, 2023

But copyright law faces daunting challenges when copyrighted material not only inspires a creative process, but becomes the very object of it. The copyright exception for pastiche has received little attention in this regard. Pastiche in EU copyright law: All dressed up but nowhere to go? According to Art. In 2019, Art.

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Copyright Art Copyright Law Law 109

43(B)log

AUGUST 3, 2023

Alfred Yen, A Federal Rules of Evidence Perspective on Forensic Musicology and Music Copyright Infringement Juries hear a lot of forensic musicology evidence they shouldn’t which confuses them and leads to poorer decisionmaking in music © infringement cases. Musicology articles talk about copying all the time.

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Music Art Copying Licensing 52