JIPL Online

FEBRUARY 25, 2021

Most notably, it means that the artist doesn’t have the authority to license the use of that sound recording as a sample in another work as this right has been transferred to the record label. [13] 26] Generally, copyright law doesn’t preempt the right of publicity since one’s identity or persona is outside the scope of copyright law. [27]

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Music Contracts Ownership Copyright Law 98

Kluwer Copyright Blog

JUNE 20, 2023

In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law.

Artwork 98

Artwork Contracts Ownership IP 98

Kluwer Copyright Blog

OCTOBER 9, 2022

The purpose of Article 16 DSM Directive is to ensure the publisher receives a share in any financial compensation for uses of the work which are allowed under the exceptions and limitations provided by EU copyright law. For certain uses caught by exceptions and limitations, the author receives financial compensation.

Publishing 97

Publishing Music Copyright Law Marketing 97

Kluwer Copyright Blog

DECEMBER 6, 2023

Book publishers followed closely the adoption of this legislation as the vast majority of its provisions concern them directly, from new copyright exceptions to contractual rules between authors and their partners. A core goal of the DSM Directive was to adapt EU copyright law to the digital era, ensuring it could address new practices.

Copyright 122

Copyright Publishing Marketing Marketing 122

Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

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. ROMs which are possessed or distributed without the copyright holders’ permission likely violate copyright law in various ways. While Nintendo has waffled on its support for the Smash Bros.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

Kluwer Copyright Blog

MARCH 14, 2024

Part I covers decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. Part II will focus on copyright contract law and claims under copyright law. I. Copyright protection 1.

Law 69

Law Music Art Copyright 69

The IPKat

APRIL 14, 2024

Malik shows how the TRIPS Agreement allowed flexibility for sui generis protections over plant varieties, which was harnessed during the development of the Indian Plant Variety Protection and Farmers' Rights Act 2001. Harpur and Stein focus on how these treaties and cases impact the educational experience of children with disabilities.

Intellectual Property 78

Intellectual Property Brands Branding Branding 78

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

APRIL 20, 2022

Accordingly, the proposed right is intended to incorporate the entire catalogue of copyright exceptions, the Swedish freie Benutzung provision in section 4, uses of unprotected content (for example which are in the public domain) and licensed uses (Ds 2021:30, pp. 2001/02:150, p. 79, the BBS case ).

Copyright 59

Copyright Intellectual Property Law Public Domain Copyright Law 59

The IPKat

FEBRUARY 12, 2024

Offshore hosting can be helpful for less scrupulous business who wish to bypass local laws or regulations, particularly for issues like copyright law, which is also known as no DMCA hosting. 8(3) of Directive 2001/29/EC. Picture is by Klinko and used under the licensing terms of pixabay.com.

Copyright Infringement 72

Copyright Infringement Copyright Art IP 72

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. It also addresses changes to the German Collecting Societies Act (VGG) and copyright liability of online content sharing service providers.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

Kashishipr

AUGUST 2, 2021

Goods or items produced outside Bangladesh involving infringement of the Copyright Act, 2000 or infringement of layout design of integrated circuits that are intended for sale or use for commercial purposes within the territory of Bangladesh.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

43(B)log

AUGUST 3, 2023

Open Source Smell Culture: perfumers can share formulas using CC licenses. A: resource constraints—but open source hardware only has a set number of licenses, and probably won’t create one for perfume. A: resource constraints—but open source hardware only has a set number of licenses, and probably won’t create one for perfume.

Music 52

Music Art Copying 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.

Reporting 52

Reporting Copyright Public Domain Copying 52

Kluwer Copyright Blog

JUNE 28, 2021

The basis of these experiences is the attention aimed at creating an exclusive position, which allows on the one hand to obtain profits through broadcasting licenses and on the other hand to protect this undoubted economic value from unauthorized forms of appropriation and exploitation. by Tito Rendas. € by Martin Senftleben. €

Television 52

Television Copyright Blogging Law 52

43(B)log

AUGUST 9, 2024

Roots as old as 2001 Directive ordering methods developed, as well as 512(j)(1) allowing site-blocking injunctions in the US which has never really been tested in court. Marketa Trimble: Under Nevada law, have to comply with other countries’ laws to be licensed for online gambling in Nevada. Balance of power has changed.

Fair Use 59

Fair Use Moral Rights Law IP 59

Plagiarism Today

DECEMBER 13, 2022

But both the district court and the appeals court ruled against Genius, saying that their claims were preempted by copyright law. 2: DaBaby Facing Copyright Lawsuit Over His No. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License. 1 Hit “Rockstar”.

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Settlement Plagiarism Reporting Licensing 246

IPilogue

SEPTEMBER 22, 2022

Copyright law may diverge from what the artist originally intended. The composer died in 2001 and left a detailed estate plan to ensure that his family members get a share of royalties from his songs. The Deal with Copyright Termination. The US Copyright Law also defines the heirs entitled to serve a termination notice.

Copyright 104

Copyright Music Copyright Law Television 104

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

Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. Condé Nast paid $400 for the license, which specified “No other usage right granted.” Figure 1, Slip op.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

Technology & Marketing Law Blog

MAY 15, 2024

19, 27 (2001) (Ginsburg, J.); to license works from the Music Specialist catalog. Use of that song was in turn licensed to several popular television shows, including “So You Think You Can Dance.” In 2018, following his second prison stint, Nealy sued Warner Chappell for copyright infringement. Andrews , 534 U.S.

Music 105

Music Blogging Copyright Ownership 105

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. Following termination, the qualifying heirs will “recapture” the assigned rights “notwithstanding any agreement to the contrary.” .”

Copyright 62

Copyright Music Social Media Publishing 62

LexBlog IP

NOVEMBER 30, 2022

2001), which itself carried on the notion described in Publications International, Limited, v. Varsity Brands , 137 S.Ct. 1002 (2017), a case about cheerleading uniforms for most, but an invitation to me to examine the intellectual feast of issues about food porn. Head , 178 F. 2d 758, 764 (S.D. ” Belford, Clarke & Co.

IP 52

IP Intellectual Property Fair Use Trademark 52

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). The suit concerned agreements dating back to 2001 between IPRS and ENIL regarding broadcasting music in certain cities. Engineering Analysis Centre for Excellence Pvt. CIT [Supreme Court]. Sanjay Soya Private Limited v.

IP 143

IP Intellectual Property Trademark Copyright 143

Kluwer Copyright Blog

DECEMBER 29, 2024

In the EU, this principle has been strongly tied to the tangible nature of goods, and indeed as Recital 28 of the InfoSoc Directive 2001/29/EC confirms, exhaustion only pertains to the exclusive right to control distribution of the work incorporated in a tangible article. Of particular interest was UFCs claim in respect to clause 1.C

Copying 59

Copying Law Licensing Editing 59