The IPKat

MARCH 6, 2023

3(1) Directive 2001/29/EC as transposed into the German Copyright Act. § It issues licenses for the communication to the public of cinematographic works on the basis of § 22 of the German Copyright Act. RTL sought licensing its TV programmes on the basis of its cable retransmission rights. public film screening).

Television 145

Television Licensing Copyright Art 145

Indiana Intellectual Property Law

OCTOBER 9, 2023

According to the complaint, Joe Hand Promotions is a company specializing in the licensing and distribution of premier sporting events to commercial establishments. Joe Hand states that it holds exclusive licensing rights to many televised sporting events, including the Ultimate Fighting Championships®. Continue reading

Television 98

Television Licensing Intellectual Property Law Intellectual Property 98

The IPKat

AUGUST 2, 2021

Bitcoin is established as legal tender, adding it to the United States dollar, which was adopted in 2001 (the Salvadoran Colón is a legal tender in El Salvador, pursuant to the Monetary Integration Law, but in practice it is not in current use). and is licensed under a Creative Commons Attribution-Share Alike 4.0

Government 136

Government Licensing Law Marketing 136

Velocity of Content

MAY 24, 2022

In recent months, for example, Pandora has been sued by comedians (or their estates, in some cases) over licensing issues. In the history of copyright, however, this is not the first time that new media technologies has led to novel disputes about licensing. Two good ones from only 20 years ago come right to mind: New York Times Co.

Music 105

Music Publishing Licensing Copyright 105

Velocity of Content

SEPTEMBER 2, 2021

In this post, I’ll take up one of the largest alternatives to traditional negotiation of licenses or permissions as a way that bloggers and other creators can manage their copyright rights, the Creative Commons (CC) suite of licenses. CC licenses are not per se “online only” but they are impractical offline.) With more than 1.4

Copyright 116

Copyright Licensing Derivative Work Social Media 116

IPilogue

SEPTEMBER 9, 2022

Four Tet had signed with Domino in 2001 ; a time where CDs were still popular and long before the invention and popularization of music streaming. When Four Tet’s contract was signed in 2001, these standard licensing terms were different for the music industry. Sales vs Licences.

Music 104

Music Intellectual Property Contracts Settlement 104

Patently-O

AUGUST 8, 2021

For a few years the Japanese company Kawai also sold some Schiedmayer branded pianos (apparently without license). Piano Factory’s director noted around 2001 that nobody was making Schiedmayer brand pianos any longer and assumed the mark must have been abandoned.

Brands 116

Brands Branding Branding Business 116

IIPRD

MARCH 13, 2025

Key Features: Registration of PV is mandatory under the Protection of Plant Varieties and Farmers Rights Act, 2001. Trade Secrets Trade secret is the information that is confidential, commercially valuable, known to limited persons and is actively kept secret from the public, and which may be sold or licensed.

Intellectual Property 83

Intellectual Property Registration Design Designs 83

The IPKat

SEPTEMBER 26, 2024

They also claimed that this new system goes against the traditional set-up of licensing practices in Europe and will lead to market fragmentation. Under these circumstances, the Constitutional Court seeks the following clarifications as to the compatibility of Art.

Publishing 129

Publishing Art Licensing Confidentiality 129

IPilogue

SEPTEMBER 22, 2022

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. Copyright law may diverge from what the artist originally intended. The Livingston Trust. Jay Livingston is known for co-writing several famous compositions, such as Que Sera, Sera , Bonanza and Mona Lisa.

Copyright 104

Copyright Music Copyright Law Television 104

The IPKat

MAY 29, 2023

Charles Trenet (1913-2001) was a renown French singer, composer and lyricist. To do so, the company obtained a license from SACEM, a French collective management society that represents Editions Raoul Breton. This license covered the economic rights to the four Trenet’s songs, namely the right of reproduction.

Moral Rights 80

Moral Rights Music Editing Licensing 80

LexBlog IP

DECEMBER 15, 2021

Let’s further suppose that you cannot prove that the infringement caused you lost sales, lost opportunities to license, or diminution in the value of the copyright. Can you prove that a license to produce the portions of your book has a fair market value for actual damages? The answer to all these questions is YES! On Davis v.

Copyright Infringement 52

Copyright Infringement Copyright Licensing Registration 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 Copyright Trademark 143

The IPKat

SEPTEMBER 15, 2022

The picture in the upper middle is by Amin and is licensed under the Cretive Commons Attribution-Share Alike 4.0 International license. Thus, refusing compensation to a patent owner based on its origin does not conform to Russia’s obligations under the TRIPS Agreement.

IP 133

IP Brands Branding Branding 133

Patently-O

JULY 13, 2021

2001) (citing Gorham Co. Prior to that date, but still within one-year, Zhang had already licensed the design and licensed pumps embodying the patented design were on sale in China. Door-Master Corp. Yorktowne Inc. , 3d 1308 (Fed. White , 81 U.S. 511 (1871)).

Inventor 78

Inventor Art Design Designs 78

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

Patently-O

MAY 2, 2022

Software License : One question I have in this case involves the onboard software. ” An offer to license is distinct from an offer to sell. .” ” An offer to license is distinct from an offer to sell. 2001) (Judge Lourie Concurring). In re Kollar , 286 F.3d 3d 1326, 1331 n. Hallmark Cards, Inc. ,

Invention 83

Invention Contracts Licensing Inventor 83

Kluwer Copyright Blog

DECEMBER 12, 2022

Unless these rights are contractually assigned or licensed, it is for the authors, and the institutions that employ them, to determine the conditions under which their works are to be published, reproduced, and otherwise used (including by way of OA) – not for the publishers. 5(3)n of the Information Society Directive, 2001/29/EC: [link]. [10]

Copyright 130

Copyright Publishing Journalism Art 130

The IPKat

DECEMBER 17, 2022

1 of Directive 2001/83/EC ) and ‘food supplements’ ( Art. Picture is by Krysten Merriman and is used under licensing terms of Pexels. Many terms have a clear and precise meaning. Others may be fuzzy around the edges. And there are some terms that have been defined by the legislator. In the EU, examples are ‘medicinal product’ ( Art.

Editing 130

Editing Art Law Licensing 130

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

Biswajit Sarkar Copyright Blog

FEBRUARY 16, 2022

In consonance with the UPOV, the Indian Parliament had enacted the Protection of Plant Varieties And Farmers Right Act, 2001 which I will discuss later. Plant Varieties And Farmers Right Act, 2001. Apart from the Biodiversity Act , the Indian Parliament had also passed the Protection of Plant Varieties And Farmers Right Act, 2001.

Intellectual Property 52

Intellectual Property Intellectual Property Law Licensing Registration 52

IP and Legal Filings

MARCH 9, 2022

483 (2001) ). The New York Times was not allowed legally to license the works of the journalists who were in the newspaper on a freelance basis. If any proprietor is willing to vest the copyright, a written assignment shall be presented. Tasini Case ( New York Times Co. Tasini, 533 U.S.

Ownership 97

Ownership Copyright Trademark Contracts 97

The IPKat

AUGUST 14, 2023

Out of the 14 demands made in 2001, the Doha Declaration only addressed six demands and most of these were demands relating to existing flexibilities in the TRIPS Agreement and so their inclusion in the Doha Declaration merely confirms the provisions of the TRIPS Agreement.

IP 95

IP Designs Design Patent 95

The IPKat

SEPTEMBER 17, 2023

That is: in case of necessity, a state can permit the act of censorship (thereby controlling the circulation/presentation/exhibition of a work) and it can also permit the circulation/presentation/exhibition of a work through a compulsory license. Strangely, the popular understanding focuses on the former meaning and invisibilizes the latter.

Copyright Law 83

Copyright Law Copyright Law Intellectual Property 83

The IPKat

APRIL 21, 2023

At first instance, the CMOs’ respective claims were upheld in relation to planes, but not having regard to trains.

Music 131

Music Copyright Editing Law 131

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

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

Technology & Marketing Law Blog

JUNE 20, 2023

Specifically, when a derivative work is created pursuant to a statutory exception, then the derivative work is prepared “lawfully,” even though the artist who created the derivative did not get a license or other permission from the owner of the copyright in the underlying work. Goldsmith herself had been entirely unaware of the licensed use.)

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

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 study confirms that the number of works registered as orphan ‘represents a tiny proportion of the estimated orphan works existing in the collections of cultural heritage institutions across the EU’ (page 84).

Copyright 105

Copyright Marketing Marketing Licensing 105

The IPKat

JANUARY 5, 2023

8(3) of Directive 2001/29/EC against internet service providers (ISPs) are compatible with EU law, various courts in current (and former) EU Member States granted such orders, e.g. in Austria , Greece and the UK [ here and here ]. Picture is by Александар Цветановић and is used under licensing terms of Pexels.

Cease and Desist 90

Cease and Desist IP Copyright Infringement Art 90

Kluwer Copyright Blog

DECEMBER 6, 2023

Should a similar crisis arise in future, these licensing schemes could be actioned again. Licences could be modified or offered in a swift manner, without uncertainty on the legality of the access provided, and, combined with the already existing copyright exceptions, they ensured a balance between all the fundamental rights involved.

Copyright 122

Copyright Publishing Marketing Marketing 122

The IPKat

APRIL 18, 2022

He further pleaded an implied obligation on Domino "to act in good faith in relation to the exploitation of the Masters under the 2001 Agreement." Mr Hebden, however, submitted that these cases related to very different agreements and factual circumstances (e.g. RELEASE COMMITMENT 4.1 Your entitlements under sub-clauses 4.3 and/or 4.2

Contracts 96

Contracts Music Copyright Copyright Infringement 96

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. The court in Entertainment Network India Ltd.

Music 98

Music Copyright Ownership Licensing 98

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.

Intellectual Property 78

Intellectual Property Brands Branding Branding 78

SpicyIP

JULY 31, 2023

No person shall use any audio-visual recording device in a place licensed to exhibit films with the intention of making or transmitting or attempting to make or transmit or abetting the making or transmission of an infringing copy of such film or a part thereof.

Copying 96

Copying Copyright Television Copyright Infringement 96

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

43(B)log

AUGUST 18, 2021

It also stopped using “Officially Licensed Sturgis,” “Licensed Sturgis,” and “Authentic Sturgis.” The manager called SMRI’s licensing agent and learned the RP&G products were not officially licensed by SMRI. bad faith,’ or ‘particularly egregious conduct.” What about SMRI’s own conduct?

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64