Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. Three courts of appeals have answered “no.”

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

The IPKat

DECEMBER 15, 2023

102, outline the criteria for Collective Management Organizations to determine license fees for music usage. License payments are due annually, and joint invoices must be settled within one month of issuance. Each license remains valid for one year from the date of issue. These tariffs, published in Kenya Gazette Supplement No.

IP 65

IP Intellectual Property Copyright Music 65

Kashishipr

AUGUST 2, 2021

Hard copies of the documents uploaded in the online application are sent along with the UTRN to the Customs Office. Documents required to be filed online along with the application are as follows: Proof of ownership of the IPR and copies of the corresponding registration certificate. Demand draft of Rs.

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IP Intellectual Property Registration Registering Trademarks 105

SpicyIP

AUGUST 4, 2024

Other Posts DHC strikes the Right Chord Clarifying that a Pending Compulsory License Application Will Not Justify Allegedly Infringing Activity to Continue In a big relief for PPL, the DHC by two back to back orders clarified that a pending compulsory license application will not justify unauthorised use of sound recordings.

Social Media 105

Social Media Trademark Licensing Music 105

Kluwer Copyright Blog

OCTOBER 9, 2022

According to Article 16 EU DSM Directive 2019/790 (“DSM Directive”), a “publisher” may have a claim to a share of the author’s statutory remuneration claims – such as fair compensation for private copies – if the author has granted the “publisher” a right in his work. But who is this “publisher”?

Publishing 97

Publishing Music Copyright Law Marketing 97

Kluwer Copyright Blog

MARCH 21, 2023

The Orphan Works Database contains 6,031 works as of March 6th 2023, whereas a 2001 estimate showed for instance that up to 1.25 The narrow permitted uses, consisting of making copies for digitisation purposes and disseminating online via non-commercial websites are problematic. billion periodicals could be orphan works.

Copyright 105

Copyright Marketing Marketing Licensing 105

43(B)log

AUGUST 3, 2023

Musicologists in litigation: (1) identify formal similarities—instrumentation, chord progression; (2) opine on how aesthetically similar/significant those similarities are; (3) opine about the rarity of similar features; (4) opine that copying did or didn’t occur. Mistaken faith in musicology: let’s find an expert to talk about copying.

Music 52

Music Art Copying Licensing 52

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. tournament circuit beginning in 2022.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

Kluwer Copyright Blog

MAY 30, 2022

An important but relatively neglected flaw is its silence on the features of the licensing mechanism that Member States may and shall adopt for the management of the press publishers’ right. The licensing scheme adopted by the Italian implementation of Article 15 represents a perfect case in point.

Publishing 59

Publishing Law Contracts Licensing 59

43(B)log

AUGUST 18, 2021

One defendant’s principal testified that it “specifically tried very hard to differentiate” its products with a disclaimer expressly disavowing any affiliation with SMRI and a separate color scheme on its tags, which SMRI copied. It also stopped using “Officially Licensed Sturgis,” “Licensed Sturgis,” and “Authentic Sturgis.”

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

Kluwer Copyright Blog

OCTOBER 7, 2021

On 23 September 2021, AG Hogan delivered his Opinion in the Austro-Mechana case which tackles the private copying exception and the compensation for the reproduction and storage of copyright material in the cloud. 4(2) of Regulation (EC) No 1049/2001 ) was that doing so would undermine the copyright protection of the standards at issue.

Copyright Law 64

Copyright Law Copyright Law Television 64

Kluwer Copyright Blog

MAY 30, 2022

An important but relatively neglected flaw is its silence on the features of the licensing mechanism that Member States may and shall adopt for the management of the press publishers’ right. The licensing scheme adopted by the Italian implementation of Article 15 represents a perfect case in point.

Publishing 52

Publishing Law Contracts Licensing 52

Kluwer Copyright Blog

MAY 17, 2023

among others, temporary reproduction, some lawful uses, private copy/reprography, private study, illustration for teaching and research), which are either classified or labelled differently in different Member States, or are qualified as acts outside the scope of copyright instead of L&Es. Private copy and reprography.

Reporting 52

Reporting Copyright Public Domain Copying 52

LexBlog IP

AUGUST 30, 2023

The third defendant was licensed to produce and market the disputed foods and spices under its own name and at its own expense, paying a fixed fee to the plaintiff for each individual product sold. It held that taste cannot be characterised as a “work” under directive 2001/29 (DEC C- 310/2017 in T N P LAW).

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

IP and Legal Filings

JUNE 27, 2022

To reproduce, store, issue copies to public, perform, communicate, and make translation or adaptation of the work. The underlying work can only be assigned or licensed in writing by the right holder or agent authorized by him. Moral Rights- Two fundamental moral rights of an author are the right of paternity and right of integrity.

Intellectual Property 52

Intellectual Property Moral Rights Design Designs 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Section 95a UrhG stipulates that technical measures employed for the protection of a copyrighted work or protected subject matter may not be circumvented without the authorisation of the rightholder, Section 95a UrhG being the transposition into German law of Article 6 of the InfoSoc Directive (2001/29).

Contracts 98

Contracts Copyright Law Cease and Desist 98

LexBlog IP

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] Fashion companies should be aware that they may need to obtain a license to, or ownership of, the copyright from the photographer. Take, for example, a T shirt which features a painting, sculpture, or even graffiti.

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Kluwer Copyright Blog

JANUARY 18, 2023

As such, the exemption is reduced to a priority for individual licensing. VGG, an extended collective licensing mechanism, something which is set out as optional under EU law (see below). Changes to the German Collecting Societies Act (VGG): Extended collective licensing agreements. d) Caricature, parody and pastiche.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

IIPRD

JANUARY 23, 2023

Firstly, Direct infringement wherein a patented product can be literally copied element to element (Literal direct infringement) and equivalently copied with little to minimal changes not essentially affecting the effect of the product (Equivalent direct infringement). LEXIS 18660 & 2001 U.S. 4] Adaptix, Inc. LEXIS 33521. [5]

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

Kluwer Copyright Blog

MARCH 14, 2024

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. This implements Article 5(3)(e) of the InfoSoc Directive.

Law 69

Law Music Art Copyright 69

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. 19, 27 (2001) (“[E]quity tolls the statute of limitations in cases of fraud or concealment.”); Rotella v. 663, 670 (2014). [3]

Music 52

Music Copyright Copyright Infringement Due Diligence 52

Above the Fold

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] Fashion companies should be aware that they may need to obtain a license to, or ownership of, the copyright from the photographer. Take, for example, a T shirt which features a painting, sculpture, or even graffiti.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

SpicyIP

MARCH 11, 2024

The plaintiff has registered its “Social” trademark and states to have invested considerably in its advertisement from 2001-2023. The defendants had five licenses for the plaintiff’s Nuke software, which expired on September 20, 2020. The plaintiff’s counsel filed an affidavit regarding costs and damages, claiming Rs.

Trademark 58

Trademark Registration Copyright Patent Application 58

Technology & Marketing Law Blog

JUNE 20, 2023

Similarly, when an artist lawfully creates a derivative work based on a photograph, and copies of that derivative work are reproduced and distributed to the public, ordinarily the owner of copyright in the photograph and the owner of copyright in the derivative work are entitled to royalties. . Figure 1, Slip op.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

43(B)log

DECEMBER 20, 2022

From PR newswire, apparently a still from the 2001 film registered trademark For the 2001 Documentary, Monbo “organize[d] a group of highly skilled dirt-bike riders” to participate in a scripted film “that would highlight the exploits of an ostentatious group of dirt-bike riders in Baltimore called 12 O’Clock Boyz.”

Fair Use 52

Fair Use Trademark Copyright Editing 52

Technology & Marketing Law Blog

MAY 15, 2024

19, 27 (2001) (Ginsburg, J.); to license works from the Music Specialist catalog. One Music Specialist work (“Jam the Box”) was interpolated into Flo Rida’s hit song “In the Ayer,” which sold millions of copies and reached No. Andrews , 534 U.S. at 37 (Scalia, J., concurring); Rotkiske v. 9 on the Billboard chart.

Music 105

Music Blogging Copyright Ownership 105

LexBlog IP

NOVEMBER 30, 2022

2001), which itself carried on the notion described in Publications International, Limited, v. Meredith Corporation : In one case, the alleged infringement involved the copying of approximately 170 recipes, which were accompanied by “much other instructive and valuable matter and information for household and family purposes.”

IP 52

IP Intellectual Property Fair Use Trademark 52

LexBlog IP

JANUARY 25, 2023

I’m licensed as a patent attorney, with a background (an undergraduate degree and Ph.D.) Biosimilars are copies of biological drugs that are approved by the FDA based on demonstrating high similarity to an FDA‐approved originator drug. MIT Press, 2001). [3] in biochemistry. 3] See, e.g. , Argentum Pharms.

Patent 40

Patent Brands Branding Branding 40

The IPKat

FEBRUARY 16, 2025

The Defendant, Knowledge Exchange BV, which uses the trading name "HowardsHome" (HowardsHome), is a commercial news aggregator which has offered, since 2001, a news alert service under the name "Howardshome nieuws" to approximately 60 clients, including public institutions, private companies, and publishers.

Publishing 64

Publishing Copying Copyright Infringement Copyright 64

Kluwer Copyright Blog

DECEMBER 29, 2024

With the French Supreme Court upholding the Paris Court of Appeals decision, and ruling that consumers cannot resell digital copies of videogames distributed online. And in 2012, following the CJEUs decision in Usedsoft , it has been confirmed that for second-hand software licenses, there is scope for exhaustion provided there was a sale.

Copying 59

Copying Law Licensing Editing 59