SpicyIP

MAY 4, 2023

Image from here [Long post ahead] In a momentous development, the Bombay High Court made a bunch of important interpretations concerning the rights of the authors of underlying literary and musical works in light of the Copyright (Amendment) Act 2012. The court passed a joint order in Indian Performing Right Society Ltd.

Music 98

Music Copyright Ownership Licensing 98

Velocity of Content

DECEMBER 4, 2024

Professor Paul Goldstein, for example, has argued that, in light of the enumeration, the statutory text is intended primarily to protect certain licensing markets. Annemarie Bridy, Coding Creativity: Copyright and the Artificially Intelligent Author , 2012 Stan. 5, 12 (2012). 19 Courts will also play their customary role.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

IP and Legal Filings

JULY 21, 2022

The United Kingdom on the recommendation of the Whitford Committee on the issue of reprography established “Copyright Licensing Agency” which offers a blanket license to schools and colleges for a negotiated annual fee. for taking reprographic usage licenses after paying a prescribed tariff. The number suggests its misery.

Copyright 98

Copyright Licensing Higher Education Copying 98

IPilogue

MARCH 16, 2023

Certification marks are a type of trademark that can be licensed to manufacturers as an indication to consumers that its products meet the owner’s defined standard. The TMOB’s decision was upheld by both the Federal Court and Federal Court of Appeal , with leave to the Supreme Court of Canada dismissed in 2012.

Trademark 105

Trademark Contracts Licensing Law 105

IP and Legal Filings

MARCH 9, 2022

In early 2012, there has been substantial amendments to the Act, copyright protection involves dramatic, musical, any original piece of literary work including cinematography films, etc. The New York Times was not allowed legally to license the works of the journalists who were in the newspaper on a freelance basis.

Ownership 97

Ownership Copyright Trademark Contracts 97

Technology & Marketing Law Blog

JANUARY 25, 2023

In 2012, the FBI arrested Shah for extortion, which sparked news coverage. This raises an obvious corollary: at most, Shah has a non-exclusive license to those photos, so what are the terms of those licenses and could Shah potentially infringe the owners’ copyrights by posting them?

Copyright 124

Copyright Fair Use Licensing Ownership 124

Technology & Marketing Law Blog

JANUARY 25, 2024

Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. On January 23rd, Judge Chen once again dropped a bombshell for the web-scraping world (and those looking to stop it) by ruling in favor of Bright Data and against Meta on its breach of contract claims at summary judgment. Bright Data Ltd.

Blogging 98

Blogging Contracts Cease and Desist Confidentiality 98

Kluwer Copyright Blog

JUNE 20, 2023

Firstly, in conformity with the CJEU’s 2012 UsedSoft case, the exhaustion doctrine applies to first sales of computer software copies. However, smart contracts merely permit such coded resale royalty commands, they do not ensure their operability. While not all marketplaces are geared towards offering such passive income, some do.

Artwork 98

Artwork Contracts Ownership IP 98

IPilogue

AUGUST 16, 2022

Generally, a photographic syndication agency holds contractual agreements with various photographers to sell and license their photos for commercial and/or editorial use. in damages, which is the total license fee for the photos. The Plaintiff, August Image LLC (“August”) is a photographic syndication agency based in New York, USA.

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

SpicyIP

MAY 23, 2024

This landmark decision recognizes the rights of the authors, which were long overdue and often neglected, despite being enshrined under the Copyright Act via the 2012 amendment. Cut to almost 4 decades later, in 2012, the copyright laws in India were amended.

Music 59

Music Licensing Copyright Moral Rights 59

Patently-O

JANUARY 19, 2024

The decision is lacking though because the court does not ground its decision in any particular contract or property tradition. Although it did not state directly, the court appears to have based its contract interpretation on federal patent law as it has done in prior cases. MLB Advanced Media, L.P., 3d 1284 (Fed.

Inventor 69

Inventor Ownership Contracts Intellectual Property 69

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). Both suits were filed before the 2012 amendment to the Copyright Act. Further, given that the 2012 amendment does not have a retrospective effect, the Court held that the amendment has no effect on the legal position.

IP 143

IP Intellectual Property Trademark Copyright 143

Copyright Lately

DECEMBER 5, 2021

When a record label or other distributor receives performance royalties from Spotify, it will presumably share a portion with the comedian per the parties’ contract. Performance “Absent a Specific License”. If an artist has explicitly granted a label the right to license the work to streaming platforms, Spotify may be free to proceed.

Music 91

Music Licensing Copyright Publishing 91

CopyrightsWorld

FEBRUARY 10, 2021

When Gassée saw the software, he was enraged but didn’t want a lawsuit, so he ended up agreeing to license the interface. turned out to be almost identical, and Gassée believed this to be a breach of contract. The copyright case was dismissed in 2012, on the grounds of insufficient evidence, when Google acquired Motorola.

Intellectual Property 76

Intellectual Property Design Patent Designs Design 76

The IP Law Blog

AUGUST 25, 2022

In 2011-2012, VNG released Zing MP3 apps with Apple and Google. The Court also found it significant that VNG had “contracted with U.S. and noted that it had signed license contracts with various U.S. VNG is Vietnamese corporation that created the Zing MP3 website that makes copyrighted music available for download.

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98

Patently-O

SEPTEMBER 13, 2021

The decision is significant as it is the first by the Fifth Circuit to address the licensing of standards-essential patents and the meaning of “fair, reasonable and nondiscriminatory” (FRAND) licensing terms, adding to the growing body of jurisprudence already issued by the Third, Ninth and Federal Circuits in this area. Background.

Licensing 56

Licensing Contracts Patent Law Law 56

LexBlog IP

OCTOBER 7, 2021

In 2012, Samsung contacted Kannuu, an Australian start-up company that develops various media-related products (including Smart TVs and Blu-ray players), inquiring about Kannuu’s remote control search-and-navigation technology. intellectual property license, purchase, or similar agreement) over Kannuu’s technology was made.

Confidentiality 52

Confidentiality Licensing Intellectual Property Contracts 52

Technology & Marketing Law Blog

JANUARY 24, 2024

Gutman created a Pinterest account in 2011 and an Instagram account in 2012, shortly after she began working for JLM. The court explains that, despite the license, Gutman could use “her name for noncommercial purposes, including personal social-media accounts.”

Social Media 105

Social Media Ownership Designs Design 105

Kluwer Copyright Blog

JUNE 1, 2023

Our society was founded in January 2012 with the aim of creating a platform for independent and critical scholarly thinking on European copyright law [1]. Another principle that the ECS would like to stress is to better secure the author’s participation to the exploitation of his work.

Copyright Law 116

Copyright Law Copyright Law Art 116

Copyright Lately

JANUARY 16, 2022

Crabtree claims that Kirkman later licensed “Invincible” television rights to Amazon Studios and denied the existence of a oral agreement to give Crabtree a share of the revenue. The court also defended its approach as striking an appropriate balance between copyright and contract law. A copy of the Crabtree’s new lawsuit follows.

Ownership 70

Ownership Television Copyright Copyright Notice 70

The IPKat

JANUARY 31, 2023

Permission to Appeal Permission to appeal was refused, both on the grounds advanced by ONI relating to whether Mr Jing's low salary was relevant and should have been taken into account under section 39 of the Patents Act and on the basis of fairness under Unfair Contract Terms. The result being that money was due.

Confidentiality 52

Confidentiality Contracts Licensing Inventor 52

azrights

APRIL 22, 2021

I stressed the importance of early IP advice in my first book, Legally Branded published in 2012, and created this animation video to highlight the significance of IP. You can safeguard your know-how, secure your contracts, or start franchising and licensing among many other things. Turning Ideas Into a Business.

IP 52

IP Intellectual Property Branding Brands 52

The IPKat

SEPTEMBER 3, 2022

It takes the British Gramophone Company (1897), which was linked to the large US firm, His Master’s Voice (HMV) that became EMI (1931–2012) as its case study. One place to start is to ask ourselves why there has been so little change from the basic terms and conditions of Melba’s early 1900 contracts to those of the present day.”

Copyright 73

Copyright Music Intellectual Property Marketing 73

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

Biswajit Sarkar Copyright Blog

JULY 12, 2022

Sale: If any obvious or fraudulent imitation of a registered design has been applied to any article or caused to be applied to any article without the license or written consent of the registered proprietor for the purpose of sale then that amounts to piracy of registered designs. Acts amounting to piracy of registered design.

Designs 52

Designs Design Registration Publishing 52

Biswajit Sarkar Copyright Blog

JULY 12, 2022

Sale: If any obvious or fraudulent imitation of a registered design has been applied to any article or caused to be applied to any article without the license or written consent of the registered proprietor for the purpose of sale then that amounts to piracy of registered designs. Acts amounting to piracy of registered designs.

Designs 52

Designs Design Registration Publishing 52

LexBlog IP

JUNE 28, 2023

The compensation for damages cannot be less than twice the fee that is usually or by law paid for the type of exploitation that the infringer did without license. 3) See: C-166/15, Ranks and Vasiļevičs , EU:C:2016:762, paragraph 30 (12 October 2016); and C-128/11, UsedSoft , EU:C:2012:407, paragraph 77 (3 July 2012). (4)

Copying 52

Copying Copyright Law Copyright Editing 52

Patently-O

FEBRUARY 22, 2023

10] According to one of the biggest litigation funders, publicly traded Burford Capital—recently featured on 60 Minutes [11] —there was a 237% increase in overall litigation funding in the US between 2012 and 2018, a trend that, by all accounts, continues unabated. [12] 604C (2021); Nonrecourse Civil Litigation Advance Contracts, Ohio Rev.

Litigation 126

Litigation Reporting Settlement Government 126

The IPKat

AUGUST 29, 2021

Starting with the 2012 Decision of the National People’s Congress on Strengthening the Protection of Network Information, more and more laws were introduced. 3) sign a standard contract formulated by the national cyberspace authority with the recipient abroad. In 2005, scholars proposed an Expert Draft.

Law 97

Law Art Privacy Government 97

IP and Legal Filings

APRIL 26, 2023

4] The Copyright (Amendment) Act of 2012 was enacted to establish a fair and rational system for copyright administration, and revenue sharing, and to protect the rights of those involved in audio and video recordings. [5] Firstly, it stated that the 2012 changes did not mention that the composers would retain their ownership rights.

Copyright 52

Copyright Music Moral Rights Ownership 52

The IPKat

AUGUST 2, 2023

FRAND – Licensing Terms InterDigital selected 20 of its previous licences as comparables – the InterDigital 20. The Judge held that the patent licence agreements (‘PLA’) relied upon by InterDigital were not relevant comparables: the scale of the licensed business in each case was dramatically smaller than that of Lenovo.

Marketing 40

Marketing Marketing Licensing Patent 40

LexBlog IP

APRIL 15, 2022

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] 5] A business filing and an auction license are required to establish an auction house in mainland China.

Art 52

Art Marketing Marketing Artwork 52

LexBlog IP

AUGUST 25, 2022

In 2011-2012, VNG released Zing MP3 apps with Apple and Google. The Court also found it significant that VNG had “contracted with U.S. and noted that it had signed license contracts with various U.S. VNG is Vietnamese corporation that created the Zing MP3 website that makes copyrighted music available for download.

Copyright Infringement 52

Copyright Infringement Copyright Contracts Music 52

Kluwer Copyright Blog

FEBRUARY 22, 2022

Now, further initiatives are needed to support the tailoring of a copyright regime, in contract and statute, to encourage the use of reversion provisions. In the wake of this automation, Peukert and Windisch look more to the ‘after’ of platform liability, in a future of ContentID, algorithmic licensing, and blockchain technologies.

Copyright 52

Copyright Public Domain Marketing Marketing 52

The IPKat

SEPTEMBER 23, 2022

Despite this, the Court found that according to the guidelines of the EPO (see here ), it is a principle of procedural law generally recognised in the EPC contracting states that two patents cannot be granted to the same applicant for the same subject-matter. A PCT patent application was later filed based on this Belgian patent application.

Litigation 83

Litigation Law Patent Invention 83

43(B)log

AUGUST 5, 2021

Through 2012, only about 1000 registered. Consider compulsory licensing as a midway point here as well. found in one key case that boat hulls didn’t infringe if the decks were different. Registration is fast—takes a month—versus patent, but term of protection is only 10 years. Computer chips: Semiconductor mask works, 1984.

IP 45

IP Invention Designs Design 45

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

For the first time since FDA licensed the first biosimilar, Sandoz’s Zarxio ® (filgrastim-sndz), in 2015, the United States saw a decrease in annual biosimilar approvals in 2020. Legislation Relating to Biologics and Biosimilars. BPCIA Litigation. Antitrust Litigation. Post-Grant Challenges at the PTAB. Conclusion.

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Settlement Litigation Marketing Marketing 52