The IPKat

APRIL 4, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Desmond Oriakhogba (University of the Western Cape) on one of the important but largely overlooked aspect of South Africa’s Copyright Amendment Bill: provisions aimed at ensuring fair remuneration for South African creators and performers.

Copyright 131

Copyright Music Artistic Work Contracts 131

Plagiarism Today

OCTOBER 3, 2022

After those tattoos appeared in the WWE 2K game series, she sued Take-Two Interactive for copyright infringement. That case, after many stops and starts, went to trial last week with the jury awarding victory to Alexander, saying that Take-Two’s use of the tattoos was not a fair use.

Licensing 176

Licensing Copyright Fair Use Plagiarism 176

TorrentFreak

OCTOBER 28, 2021

Section 1201 of the DMCA prohibits the circumvention of copyright controls without permission. This includes phone jailbreaking, which was declared legal in 2010. These provisions are renewed every three years after the Copyright Office hears various arguments from stakeholders and the general public.

Copyright 142

Copyright Television Fair Use Privacy 142

BYU Copyright Blog

JANUARY 24, 2022

Pearson, a large textbook and education company, accused Chegg of copyright infringement as Chegg publishes answers online to the questions found in Pearson’s textbooks. In its Answer, Chegg asserts multiple defenses, including that “any use of Pearson’s asserted copyrighted works by or through Chegg’s services constitutes fair use.”

Fair Use 95

Fair Use Licensing Copyright Infringement Publishing 95

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 122

Plagiarism Fair Use Copying Copyright Infringement 122

Intepat

APRIL 23, 2021

Google claims that it has done this to ensure interoperability among software and to attract already existing developers to its platform so that developers would be comfortable using a similar coding environment. The jury, in this case, held that the re-implementation of 37 Java APIs was protected by fair use.

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Copying 52

JIPL Online

MARCH 15, 2021

With more content comes the increased possibility that Netflix is engaging in copyright infringement and on the receiving end of copyright infringement claims. [1] 1] This blog will briefly summarize a few of the notable copyright infringement cases Netflix has defended against in the United States. SETTLEMENT CASES.

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

IP and Legal Filings

JUNE 29, 2024

Copyright laws also provide plausible remedies for enforcing one’s right to personality. Ramkumar Jewellers , wherein it was held that an individual should be able to control the circumstances around the use of their identification. [8] This usually applies in cases of news, parody, commentary, non-commercial use etc.

Personality Rights 82

Personality Rights Fair Use Privacy Intellectual Property Law 82

Technology & Marketing Law Blog

MARCH 11, 2022

” Copyright. At issue is this post by Monsarrat in the mirrored archive: Remarkably, the Copyright Office registered a copyright in the post, even though the only original materials are the four sentences in the final paragraph and it’s basically a demand letter. ” Nature of Use. ” Nature of Use.

Fair Use 104

Fair Use Copying Copyright Publishing 104

Likelihood of Confusion

DECEMBER 22, 2023

Originally posted 2010-07-29 22:57:01. Free (and apolitical) IP advice for bloggers over at Right Wing News. Republished by Blog Post Promoter The post And worth every penny! appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 80

Blogging IP Fair Use Journalism 80

JIPEL Copyright Blog

APRIL 28, 2021

While on their face, these fanfiction communities may seem like harmless outlets for fans, existing copyright doctrine actually renders much of these works as infringements of copyright. This transformative use doctrine was first established quite recently in the 1994 case, Campbell v.

Derivative Work 45

Derivative Work Fair Use Copyright Marketing 45

LexBlog IP

OCTOBER 25, 2023

They do this to create works of fiction expressing the writers’ truths by using, altering, extending, or supplementing others’ reality, and sometimes even use what others have written about their own experiences. That question recently arose in Sonya Larson v. ” Let’s see why.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

Greenspoon Marder LLP

MAY 12, 2013

In 2010, Justin Bieber, the wildly popular teen pop star, released a song, “Somebody to Love” with Usher providing back up vocals. Copeland states he never heard back from Usher, however, he did hear his song being sung on the radio by Bieber in 2010. and seventeen other defendants in their $10 million copyright infringement lawsuit.

Copyright 52

Copyright Copyright Infringement Music Fair Use 52

Erik K Pelton

DECEMBER 20, 2022

which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US. The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. 2010: [link].

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

SpicyIP

FEBRUARY 27, 2024

We have already traversed through Junes , Julys , Augusts , Septembers , Octobers , Novembers , Decembers , and shared some stories like Rahul Cherian’s Legacy, 2010’s International Efforts on Pandemics, Corruption in IP Offices, Law Making via Leaked Documents, etc. Then, Arundathi Venkataraman discussed the topic using the case of Garcia v.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

Likelihood of Confusion

AUGUST 19, 2021

Originally posted 2010-03-28 10:00:14. The IMPACT® blog reports a settlement in the Second Life dispute. Republished by Blog Post Promoter. The post Second Life case settles appeared first on LIKELIHOOD OF CONFUSION™.

Settlement 52

Settlement Blogging Reporting Fair Use 52

SpicyIP

DECEMBER 20, 2023

With further ado, here’s what I found in Novembers: Database Protection in India: Since Prof Basheer’s 2005 post about the inaccurate implication of the theft of data as copyright infringement, to 2023, not much seems to have changed. The issue has often arisen in the context of protecting confidential information through copyright law.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

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. The court approaches this case like it’s an adware case, but the court never once uses the term. That’s the purview of copyright–or not restricted at all.

Licensing 90

Licensing Copyright Contracts Advertising 90

Copyright Lately

DECEMBER 24, 2023

Thousands will compete, many are objectively baseless, but only five can be crowned the worst of the worst copyright lawsuits of 2023. We’re nearing the end of December, which means it’s time for Copyright Lately ’s annual worst-of list. When Netflix refused to pay up, Cramer sued for copyright infringement.

Copyright 104

Copyright Copyright Infringement Music Fair Use 104

JIPL Online

NOVEMBER 1, 2021

Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] Why Paywalled Monetization of Mods Makes Copyright Holders Threaten Litigation.

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

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 False Advertising Designs Design 52

SpicyIP

JULY 22, 2023

Economic viability is not a metric for copyrightability, and a limited metric for patentability. 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. It is not clear what this refers to though.

IP 91

IP Intellectual Property Reporting Government 91

43(B)log

AUGUST 4, 2021

Jacob Victor, Copyright’s Law of Dissemination: trying to disaggregate dissemination from use of a work in new creativity/e.g., transformative fair use. Judicial: Google Books/utility expanding fair use; Sony v. Kylie Pappalardo, Copyright licensing and distribution in Australia’s screen industries Pop.

Copyright 45

Copyright Licensing Fair Use Contracts 45

43(B)log

NOVEMBER 2, 2021

Copyright preemption: PeopleConnect did a little better. Plaintiffs argued that, because PeopleConnect didn’t own copyright in the yearbooks, it had no standing to assert copyright preemption. Here, it was obvious that yearbook users/purchasers weren’t creators/developers of the yearbooks. Jules Jordan Video, Inc.

Copyright 64

Copyright Advertising Advertising Privacy 64

43(B)log

AUGUST 8, 2024

Mark Bartholomew, Publicity Rights After Warhol Risk that courts will apply Warhol to ROP cases, but transformativeness is the only element in the ROP defense as defined by the California SCt rather than a multifactor fair use test. Congress endorsed an incompletely theorized agreement w/o contents of fair use being defined.

Fair Use 45

Fair Use IP Art Registration 45

LexBlog IP

SEPTEMBER 29, 2022

In the US, other sound marks include Law & Order ’s ca-chung chung (as Reg. 44) of Iyanu Lipede’s “Let’s Hear it For Sound Marks: Trademark Protection in Copyrighted Songs,” 16 Liberty University Law Review 493 (2022), “[t]he mark comprises the musical notes G, E, C played on chimes, Registration No.

Trademark 52

Trademark Registration Music Intellectual Property 52

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. Thus clarifying that copyright in the screenplay exists independently of the copyright in the film. HarperCollins Publishers India Pvt. the licensee. Hari Shankar.

IP 112

IP Copyright Trademark Intellectual Property 112

43(B)log

AUGUST 11, 2022

Around 2010, some studios started enforcing, e.g., Twentieth Century Fox sued over copying of plot of Phone Booth and was successful. The Hollywood movie is now out of copyright according to Indian law. Easiest way to make money was to make a film likely to succeed, and copying a successful foreign plot was a good way to do so.

IP 72

IP Copying Marketing Marketing 72

SpicyIP

JANUARY 27, 2024

Without further ado, here’s what I found in Decembers: Rahul Cherian’s Legacy regarding Copyright Disability Exceptions: The name Rahul Cherian remains etched in the annals of Indian IP law, celebrated for his unwavering commitment to promoting access to copyrighted works. As noted in Prof.

IP 64

IP Licensing Copyright Blogging 64

The IPKat

DECEMBER 9, 2022

Here’s what they write: Does election rhyme with copyright protection? Dear Katreaders, hold on tight and brace yourselves for a very technical and legal analysis of the legal use of copyright works in political campaigns. The Danish liberal party “Venstre” had used Laid Back’s hit “ Sunshine Reggae ” in their campaign.

Copyright 75

Copyright Music Fair Use Settlement 75

Technology & Marketing Law Blog

JANUARY 27, 2022

It creates a third asset for creators to sell, in addition to any physical item and the work’s copyright. The extra cash flows from NFTs could spur new creative activity–a win for all of us. The first Supreme Court ruling on fair use in over a quarter-century, and it’s a good one. Emerging Tech.

Social Media 128

Social Media Law Privacy Government 128

Technology & Marketing Law Blog

JANUARY 24, 2023

SMART Copyright Act. A very dumb law that would authorize the Copyright Office to force UGC sites to adopt expensive and overrestrictive technological controls as dictated by copyright owners. EARN IT Act. This bill started as a twofer: ban E2E encryption AND repeal Section 230 for CSAM claims. Still, the news was bad for hiQ.

Law 115

Law Social Media Government Privacy 115