IP and Legal Filings

AUGUST 14, 2023

SHOULD LEX LOCI PROTECTIONIS BE APPLIED BLANKETLY TO COPYRIGHT INFRINGEMENT? It has been established that lex loci protectionis is the rule that is applied to all the IPR infringement cases, barring a few exceptions. Today, most of the copyright infringement happen through the Internet. Garimella and S. Jolly (eds.)2017)

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IPilogue

NOVEMBER 15, 2021

A literary controversy surrounding a copyright claim has taken over the North American online writing community, and it involves a kidney donation, a private Facebook group, and a short story.? . Dorland’s copyright infringement claims were allowed, while her claim for intentional infliction of emotional distress was denied.? .

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IPilogue

FEBRUARY 16, 2023

Typically, artists protect their artwork using only copyright law. However, artists are required to reveal their identity when claiming copyright infringement. Trademark law allows Banksy to remain anonymous and maintain his mysterious artistic persona.

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The IP Law Blog

AUGUST 3, 2023

Hunley alleged that the third parties who displayed her photos via use of Instagram’s embedding tool committed direct copyright infringement and that Instagram was secondarily liable for that infringement. To violate the public display right, infringers must “display ‘copies’ of the copyrighted work.”

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Copying Copyright Social Media Copyright Infringement 98

Likelihood of Confusion

AUGUST 27, 2024

Originally posted 2007-12-28 10:31:49. As a New York Law Journal article (sub. puts it, The Second Circuit’s decision in In re Literary Works substantially limits the use of class actions as a vehicle to settle copyright infringement cases. Republished by Blog Post PromoterThis important (pdf).

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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.

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TorrentFreak

SEPTEMBER 4, 2023

Since Sony’s Betamax-format recorders were able to record TV shows, studios including Universal and Disney sought to hold Sony liable for users’ alleged copyright infringements. In 2007, their growing collection of analog commercials, TV clips and other TV memorabilia, ventured into the all-digital online world.

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Copyright Lately

OCTOBER 25, 2021

But Lewis thought the song was a rip-off of “I Want a New Drug” and asserted a copyright infringement claim against Columbia Pictures. In 2007, Peter Gallagher (an author, not the dad on “The O.C.”) ” “The Little White Trip” (2007). A Cabin in the Woods. Ghostbusters, Part II.

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Michael Geist

DECEMBER 3, 2024

Canada’s largest media companies, including the Globe and Mail, Toronto Star, Postmedia, CBC, and Canadian Press, came together last week to file a copyright infringement lawsuit against OpenAI, the owners of ChatGPT. Instead, Common Crawl, a non-profit started in 2007, did.

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Settlement Copyright Licensing Copyright Infringement 89

Velocity of Content

NOVEMBER 11, 2021

In announcing the release of the Report, the Office wrote, “ The report concludes that although many state entities, in particular universities and libraries, have adopted policies and programs to deter copyright infringement, the record of alleged infringement by state entities is significantly greater than when Congress last considered the issue.

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Copyright Publishing Reporting Copyright Infringement 98

Intepat

DECEMBER 25, 2024

While the raw data within a database may not be eligible for copyright protection, the originality involved in selecting, organizing, or arranging the data can bring a database under the scope of copyright law. This raises critical questions: What qualifies as originality in the context of database protection?

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Copyright Intellectual Property Copyright Law Fair Use 52

Copyright Lately

JANUARY 31, 2023

Is Rick Astley’s right of publicity claim against Yung Gravy for vocal impersonation on a collision course with the federal Copyright Act? British singer Rick Astley is best known for “ Never Gonna Give You Up ,” a song people voluntarily listened to in 1987 and were tricked into listening to in 2007. This is because, under U.S.

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Music Copyright Licensing Copyright Infringement 91

LexBlog IP

AUGUST 4, 2022

Breyer dismissed the case, holding that the media companies are not liable for direct copyright infringement and that Instagram is not liable for secondary copyright infringement. The Court relied on the Ninth Circuit’s 2007 opinion in Perfect 10, Inc. District Judge Charles R. Amazon.com, Inc.

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SpicyIP

SEPTEMBER 11, 2023

AI and Copyright: More Developments – Human Prompts are Not ‘Direct Instructions’ After the Thaler case, the US Copyright Office passed another interesting order on AI-generated works, this time refusing the registration due to the work’s failure to meet the de-minimis threshold. Apollo Hospitals Enterprise Ltd.

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Technology & Marketing Law Blog

MAY 15, 2024

2020), the Second Circuit purported to reaffirm that “the discovery rule applies for statute of limitations purposes in determining when a copyright infringement claim accrues under the Copyright Act.” In 2018, following his second prison stint, Nealy sued Warner Chappell for copyright infringement. 3d 39 (2d Cir.

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IP and Legal Filings

MARCH 28, 2024

7] , the plaintiff filed a lawsuit alleging copyright infringement and requested the issuance of an interim injunction to prevent the defendant’s film “Mohenjo Daro” from being released. V RGV Film Factory, 138 (2007) DLT 312 [5] Dishti Titus, Movie Titles – Protected under Indian Law? Mondaq (Dec.

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Copyright Lately

NOVEMBER 24, 2024

The defendants say that this lack of exclusivity renders the lawsuit fatally flawed, as Tempo lacks the standing required to pursue infringement claims. In its 2007 opinion in Davis v. Blige , the court reaffirmed that co-owners of an exclusive right may bring an infringement action without involving the other co-owners.

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LexBlog IP

AUGUST 3, 2023

Hunley alleged that the third parties who displayed her photos via use of Instagram’s embedding tool committed direct copyright infringement and that Instagram was secondarily liable for that infringement. To violate the public display right, infringers must “display ‘copies’ of the copyrighted work.”

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Copying Copyright Social Media Copyright Infringement 52

BYU Copyright Blog

AUGUST 26, 2024

They contend that Stovall's case lacks such an independent basis, as the core of her claim involves JCPS's denial under the Kentucky Open Records Act, not the Copyright Act. Motion to Dismiss at 6. Citing Toledo v. Jackson , 485 F.3d 3d 836, 839 (6th Cir. See Response to Motion to Dismiss at 4 (Citing Andy Warhol Found. Goldsmith , 598 U.S.

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Kluwer Copyright Blog

JUNE 21, 2021

In Football Dataco/Sportradar the CJEU held that as a conflict of law rule, the country of protection principle pursuant to Art. 8 (1) Rome II Regulation 864/2007 (“Rome II”) applied (paras 31, 32). 17 DSM Directive are to be characterized as questions of copyright which are exempt from the country of origin of Art.

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LexBlog IP

DECEMBER 7, 2022

Cattelan moved to dismiss Morford’s infringement and plagiarism claims on three grounds: [7]. 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. 2007 WL 9747250, at *9 (N.D.

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Technology & Marketing Law Blog

AUGUST 1, 2023

The legislative history also expressed an intent to retain existing case law on vicarious liability of a principal for the acts of its agents, including independent contractors. Perfect 10, a purveyor of soft-core pornography, sued Google (among others) for allegedly infringing its photographs of nude models. 94-1476, at 159-60.

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IIPRD

APRIL 21, 2021

Data scraping majorly involves the copying of data from a source; therefore the Copyright laws come into the picture. Section 2 (o) of the Copyright Act, 1957 provides that a literary work includes compilations and since the data scraping is a compilation it comes under the category of a literary work.

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LexBlog IP

JANUARY 5, 2022

994 (2020) , a decision holding that the sovereign immunity of individual states prevented a copyright holder from recovering damages for infringement, I was a bit disheartened. Cooper, 140 S.Ct. ” Flynn, Queen Anne’s Revenge, Indeed! See Jim Olive Photography, d/b/a Photolive, Inc., Maclean Hunter Market Reports, Inc.,

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LexBlog IP

JULY 21, 2021

Further, that same commentator has noted that: In 2007, the U.S. copyright law. Secrecy Reasons : “Some religions use copyright law to keep their religions secret; some religions do not want to disclose their works to the general public.” World Intellect. 75, 79 (2020). ” In Jews for Jesus [ v.

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