The IP Law Blog

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. In Johannsongs-Publishing, Ltd.

Copyright Infringement 98

Copyright Infringement Copyright Art Copying 98

Plagiarism Today

MAY 23, 2022

There’s not much doubt that plagiarism and copyright infringement detection has improved by leaps and bounds over the past 20 years or so. Here, a 2003 article was copied and pasted from to make a script for a review of the movie 28 Days Later. The Challenge of Cross-Media Plagiarism Detection.

Plagiarism 298

Plagiarism Copying Social Media Technology 298

Patently-O

AUGUST 31, 2021

GitHub, Inc.: “Vague allegations of nonliteral copyright infringement” lead to FUD — fear, uncertainty, and doubt. Grogan, Copyright Protection for Command Driven Interfaces , 12 COMPUTER L. Posner, The Economic Structure of Intellectual Property Law (2003). Appellee WPL Responsive Brief. 1821 (2013).

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

LexBlog IP

MARCH 23, 2023

The Ninth Circuit recently addressed the issue of whether parties can contractually agree to shorten the statute of limitations period for bringing a copyright infringement claim. In 2003, it licensed its images to Chrome Data Solutions, LP, for a five-year period. In an unpublished opinion in the case, Evox Productions, LLC v.

Copyright Infringement 52

Copyright Infringement Copyright Licensing Intellectual Property 52

LexBlog IP

JANUARY 21, 2022

He initially sought to certify a single class defined as “[a]ll owners of copyrights and musical compositions registered under United States copyright law, that were reproduced and/or distributed by Defendants without a license since 2003.”

Copyright Infringement 52

Copyright Infringement Copyright Licensing Music 52

IP and Legal Filings

JUNE 12, 2023

In addition to the 3-condition test, an essential element involved, in relation to parody, is the ‘Intent’ It has been clearly established that making parodies of original work with a motive or intent to exploit it commercially or ride on its goodwill to derive profits shall constitute copyright infringement. s commercial.

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

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

Copyright Infringement Copyright Art Copying 52

Patently-O

JANUARY 4, 2024

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. HLG ultimately filed suit for copyright infringement.

Plagiarism 124

Plagiarism Fair Use Copying Copyright Infringement 124

TorrentFreak

DECEMBER 31, 2021

In September, the Federation Against Copyright Theft and West Midlands Police announced that they shut down a major illegal streaming operation in the UK. Two men and a woman were arrested on suspicion of copyright infringement and fraud-related charges. The World’s Oldest Active Torrent Turns 18 Soon (September).

Fair Use 145

Fair Use Reporting Copyright IP 145

SpicyIP

AUGUST 8, 2023

The second was filed by the plaintiff to restrain the defendant from committing trademark/copyright infringement and passing off with respect to the mark ‘MODERN’. A crucial argument by the defendant was that the plaintiff was aware of the defendant’s mark, containing the word ‘MODERN’, since 2003/2010.

Trademark 98

Trademark Registration Advertising Advertising 98

JD Supra Law

MAY 11, 2022

et al, bringing an end to a copyright infringement suit relating to Josh Groban’s 2003 song You Raise Me Up. The United States Supreme Court recently denied certiorari in Johannsongs-Publishing, Ltd. Peermusic Ltd.,

Copyright 52

Copyright Copyright Infringement Publishing Business 52

The IPKat

JUNE 9, 2022

Background Only Fools and Horses (OFAH) is a successful BBC TV series that ran between 1981 and 1991, with also some Christmas specials until 2003. Let's see what happened. The main character is a market trader, Derek "Del Boy" Trotter. In 2019, a musical based on the OFAH characters also opened at the Theatre Royal Haymarket in London.

Copyright 145

Copyright Intellectual Property Law Copyright Infringement 145

Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2024

2546 2003, where the registration of the GI is a requirement. Apart from these three primary Intellectual Property Rights, Thailand also has unique laws protecting Geographical Indications (GIs) under Act on Protection of Geographical Indication B.E

Intellectual Property 52

Intellectual Property Invention Registration Trademark 52

SpicyIP

AUGUST 26, 2024

However, its specific emphasis on protecting certain elements of the whole scheme of copyrighted content, such as fictional characters and the distinctive personas they embody, has been a focal point, contributing substantially to the discourse surrounding the ever-expanding ambit of copyrightability as well as personality rights.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

TorrentFreak

DECEMBER 18, 2022

The big question is whether this carries any weight in light of recent copyright infringement allegations and wherever they may lead. In fact, MSK worked with the RIAA back in 2003, obtaining subpoenas against ISPs to identify MP3 pirates. Lawyers Are Instructed To Achieve Goals.

Copyright 141

Copyright Copyright Infringement Art Publishing 141

IP and Legal Filings

MARCH 31, 2023

Introduction In order to determine copyright infringement , the ‘substantial similarity test’ has routinely been employed by the US Courts. In 2003, the defendants released the movie ‘Pirates of the Caribbean: Curse of the Black Pearl’. One such case is the case of Alfred v. Walt Disney Co.

Copying 95

Copying Cinema Public Domain Copyright 95

Copyright Lately

MAY 17, 2021

And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. Jason Segel and the Muppets on SNL (2011).

Fair Use 97

Fair Use Copying Television Social Media 97

The IPKat

MARCH 13, 2022

This, in a nutshell, is the conclusion that this Court reached in a recent decision ( Cassazione civile, Sez I, No 4038/2022 ) concerning the unauthorized reproduction of thousands (24,000) of paintings of a well-known Italian artist in the context of an archiving project aimed at producing a catalogue of records held by a foundation initially established (..)

Copyright Law 104

Copyright Law Copyright Law Artwork 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 claimed infringement, including “the character Pug, clips, the title card, concepts, feel, mood, theme, and approach.” So too with plaintiffs’ 2003 Documentary.

Fair Use 52

Fair Use Trademark Copyright Editing 52

Velocity of Content

JANUARY 28, 2025

The research updated a series of surveys Outsell have conducted for CCC since 2003 that track what professionals think and how they behave around content and information. AI tools often require large datasets for analysis, synthesis, or training, increasing the likelihood of copyright infringement.

Licensing 52

Licensing Intellectual Property Copyright Publishing 52

IP and Legal Filings

FEBRUARY 17, 2022

While the fair use defence can be employed in a variety of ways depending on the facts of the case, the examples below show how it has been applied in the context of copyright infringement. In DC Comics Inc. Unlimited Monkey Business, Inc. , The plaintiff claimed in Star India v.

Fair Use 94

Fair Use Copyright Television Copying 94

IIPRD

NOVEMBER 14, 2023

28, 2024, 8:29 am), [link] International Comparison of Approaches to Online Copyright Infringement: Final Report, Intellectual Property Office of United Kingdoms 2015, (Oct. Arturo Ancona, INTELLECTUAL PROPERTY AND E-COMMERCE WIPO-WASME SPECIAL PROGRAM ON PRACTICAL IP ISSUES Geneva , October 6 to 9 , (2003). 379 (2022).

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

LexBlog IP

FEBRUARY 28, 2022

In 2017, the Warhol Foundation sued Goldsmith and her agency for a declaratory judgment that the Prince Series works are non-infringing or, in the alternative, that they constitute a fair use of the Prince Photograph. Goldsmith counterclaimed for copyright infringement. 24] Prince. N*E*W* S [Album]. NPG Records. [25]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

IP and Legal Filings

JULY 13, 2022

Jagmohan , when the question was whether a news article can have copyright protection, the High Court of Bombay clearly stated that natural happenings and events cannot be the copyright of the person who first reported the incident. However, in 2003, with the case of Eastern Book Company v.

Copyright 95

Copyright Artistic Work Design Designs 95

SpicyIP

AUGUST 14, 2023

In an incisive post, Mathews argues that the DHC’s ruling is too broad and ignores the cutoff date (in 2003 – 13 years prior to the amendment of the Rules) for placing the reservation within the country’s Patent Rules. International IP Developments Prosecraft shuts down due to copyright infringment concerns.

Trademark 98

Trademark Registration Art Reporting 98

IIPRD

AUGUST 11, 2023

one of the major publishers based in Japan sued Cloudflare in2022,for distributing data of copyrighted works for manga piracy sites by illegally uploading them and making them available for free, consequently, infringing the copyrights of the publisher. For content piracy, Takeshobo Inc., Napster, Inc., 4] Star India v.

Art 52

Art IP Intellectual Property Copyright 52

The IPKat

NOVEMBER 20, 2022

Founded in 2003 by Swedish think tank Piratbyrån, The Pirate Bay allows visitors to search, download and contribute magnet links and torrent files that facilitate peer-to-peer file sharing between users of the BitTorrent protocol. Pirate Bay is an online index for digital content of entertainment media and software.

Music 52

Music IP Licensing Copyright 52

IIPRD

JUNE 29, 2022

The goal of this initiative, which began in 2003, was to target all “counterfeiting middlemen” who provided services to underground counterfeiting networks. ” The Louis Vuitton executives were not pleased, and they filed a lawsuit for copyright infringement and trademark dilution.

Intellectual Property 98

Intellectual Property Brands Branding Branding 98

Technology & Marketing Law Blog

MAY 2, 2022

They may look to state hacking laws, trespass to chattel claims, or other causes of action “such as copyright infringement, misappropriation, unjust enrichment, conversion, breach of contract, or breach of privacy.”. __. It’s sooooooo 2003. The court says companies who make their data publicly available are not without recourse.

Cease and Desist 116

Cease and Desist Contracts Privacy Business 116

IIPRD

OCTOBER 17, 2022

There are no precedents through which trademark issues could be discussed, but an online platform named Second life appeared in 2003 was a pioneer of metaverse technology and its fast development brought numerous intellectual property issues. Copyright Infringement. Later it was settled.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

LexBlog IP

DECEMBER 7, 2022

10] Cattelan argued that Banana & Orange ’s online presence was insufficient to prove that he had access to the allegedly infringed work, “a sine qua non of any copyright infringement claim.” Cattelan lacked access to Morford’s work. [10] ” [11]. ” [21]. 9, 2022) (No. Cattelan , No.

Copyright 52

Copyright Copying Artwork Art 52

LexBlog IP

JULY 21, 2021

The report notes on page 11 that “In 2003, research estimates put the [U.S.] This was historically the sense in Canada, France, the Netherlands, and Belgium, for example, and has been argued even to be required internationally under the Berne Convention, as Jane Ginsburg (2003) has noted. ” Ginsburg (2003) at 1086-87.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Shades of Gray

NOVEMBER 2, 2016

2003) (vacating denial of attorneys’ fees to defendant and remanding where plaintiff’s case may have been either groundless or unreasonable); Cairns v. 2010) (following eBay , finding of likelihood of success on the merits in copyright infringement case does not give rise to presumption of irreparable harm on preliminary injunction motion).

Trademark 52

Trademark False Advertising Litigation Copyright 52

Copyright Lately

MAY 1, 2023

” So, to recap, UMG might try to sue Janet for copyright infringement for making intermediate copies of Drake sound recordings to train her model, but it probably wouldn’t have a viable copyright claim against either Chrissy or Jack, assuming they just used Janet’s model and didn’t contribute or assist her in creating it. .”

Music 90

Music Copyright Copying Copyright Law 90

The IPKat

JUNE 23, 2022

Despite its last episode having aired in 2003, it remains very well loved. A claim for copyright infringement and passing off was issued in December 2019. The Claimant owns the rights to the show.

Branding 75

Branding Brands Branding Litigation 75

IP Whiteboard

JULY 19, 2021

The Federal Court of Australia has awarded additional damages in the highest order against Clive Palmer ( Palmer ) for his copyright infringement of the 1985 Twisted Sister’s rock song “ We’re Not Gonna Take It ” (the Song ). After being alerted to the UAP campaign, Universal commenced copyright infringement proceedings against Palmer.

Copyright Infringement 40

Copyright Infringement Copyright Music Publishing 40

Technology & Marketing Law Blog

AUGUST 16, 2024

Copyright Copyright Basics (Copyright Office Circular 1) Note About Fair Use Cartoon Network v. 512 [[link] Primer on Contributory and Vicarious Copyright Infringement Overview of Section 512(c) UMG v. Spam Review: CAN-SPAM Act of 2003 [[link] and 16 C.F.R. CSC (2d Cir.) MGM Studios v. Grokster (Sup.

Editing 116

Editing Law Social Media Contracts 116