IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102

The IPKat

APRIL 21, 2022

In 2010, several right holders filed a criminal complaint for copyright infringement against three individuals involved with Rapidshare. In a recently published decision, the Zug Criminal Court ruled that the defendants were not liable for copyright infringement under criminal law. Whether a specific use (e.g.

Copyright Infringement 89

Copyright Infringement Copyright Copyright Law Copying 89

Kluwer Copyright Blog

MARCH 13, 2024

From this constitutional dimension of copyright emerged the notion of ‘user rights’ ( Geiger, 2020 ). Looking forward, it is essential to ensure that legitimate uses expressly foreseen by copyright law are enabled through better access to protected works. However, it is only a first step towards making user’s rights a reality.

Copyright 126

Copyright Art Licensing Contracts 126

Technology & Marketing Law Blog

OCTOBER 19, 2021

WhenU concluded that copyright was a dead-end. Nevertheless, because adware often provided poor consumer experiences, adware largely fizzled out by 2010. Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” Intel Corp.,

Licensing 105

Licensing Copyright Contracts Advertising 105

SpicyIP

JULY 22, 2023

It recognizes that generative AI systems are trained by reading, viewing, and listening to copies of human-created works which are subject to copyright protection. The report states that there are no copyright laws right now that would provide protection to any wholly AI generated model or creation (Page no.

IP 98

IP Intellectual Property Reporting Government 98

Kluwer Copyright Blog

SEPTEMBER 20, 2022

One year later, in 2010, the Irali Public Union (IPU), a nongovernmental organization, made the book available on its website ( www.history.az ) in electronic form. The decisions rendered by national courts must apply national law correctly and cannot be “arbitrary or otherwise manifestly unreasonable”.

Copyright 59

Copyright Intellectual Property Copyright Law Law 59

The IP Law Blog

APRIL 8, 2021

Finding Google’s copying a fair use, the Supreme Court ended Oracle’s decade-long attempt to recover copyright damages. In designing the mobile platform, Google independently developed most of the code but copied what the parties referred to as “declaring code” for 37 application programming interfaces, or APIs.

Fair Use 52

Fair Use Copyright Copying Designs 52

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

LexBlog IP

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a mask work with the Copyright Office provides certain legal benefits, including the ability to bring a lawsuit for infringement of the mask work. source code) under copyright law.

Registration 40

Registration Design Designs Copying 40

Technology & Marketing Law Blog

AUGUST 30, 2021

But much like George Washington’s army, even though Flo & Eddie lost many individual battles, they ultimately won the war, as their quixotic litigation campaign prompted Congress to grant protection to pre-1972 sound recordings equivalent to that provided to newer sound recordings under federal copyright law. 1381 (2010).

Blogging 98

Blogging Copyright Settlement Ownership 98

IP and Legal Filings

JUNE 29, 2024

In the absence of a separate law safeguarding personality rights, the court granted relief by invoking passing off as governed under the Trade Marks law. Copyright laws also provide plausible remedies for enforcing one’s right to personality. Baby Gift House, 2010 SCC OnLine Del 4790. [6] Ammini Amma and Ors.,

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. Challenges in IPR Regulation in e-commerce As per a survey, around 38% online buyers experienced counterfeit products and 1/3 rd people have gotten copied products. eBay Inc 2010 SCC OnLine US CA 2C 1. [19]

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

JIPEL Copyright Blog

APRIL 28, 2021

Fair use is an area of copyright law that allows for freedom of expression when using unlicensed copyrighted works in very limited and specific incidences, as established in 17 U.S.C. § 2010), where an author attempted to sell an unauthorized sequel to J.D. This is clear from the case of Salinger v. Colting , 607 F.3d

Derivative Work 45

Derivative Work Fair Use Copyright Marketing 45

SpicyIP

DECEMBER 20, 2023

Spadika Jayaraj discussed a case where the Delhi High Court dismissed a suit by a media house accusing copyright infringement on its database of users. The issue has often arisen in the context of protecting confidential information through copyright law. E.g., see Prateek Surisetti’s post here and Niyati Prabhu’s post here.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Previously, a rate of 2% of the Net Advertisement Revenue (NAR) of the earnings of each FM Radio station was fixed for all music providers by the Copyright Board.

IP 124

IP Copyright Trademark Intellectual Property 124

IP Whiteboard

JULY 19, 2021

Determining whether the copyright of a work has been infringed requires a comparison to be made of the respective works and involves: first, identifying the works in suit in which the copyright subsists; second, identifying in the allegedly infringing work the part which is alleged to have been taken, derived or copied from the copyright work; and.

Copyright Infringement 40

Copyright Infringement Copyright Music Publishing 40

SpicyIP

OCTOBER 27, 2023

Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour Srijaa Grover and Yaggya Kapoor Harry Brignull introduced the concept of “dark patterns” in 2010, describing them as deceptive tactics aimed at boosting conversion rates.

Intellectual Property 52

Intellectual Property Designs Design False Advertising 52

The IPKat

MAY 25, 2022

As IP aficionados, many readers of this blog will have strong views about the proper scope of copyright law. Can and should those beliefs be protected under the Equality Act 2010, protecting copyright believers against discrimination in employment law and in the exercise by public authorities in their functions?

Copyright 94

Copyright Moral Rights Intellectual Property Intellectual Property Law 94