IP and Legal Filings

JANUARY 22, 2024

Till now, the Copyright Act, 1957 has been amended five times in the year 1983, 1984, 1992, 1994 and the latest in 2012 which included the provisions for dealing with the digital content and Digital Rights Management Techniques. Digital Rights Management emerged as a result of ubiquitous copyright infringement related to digital content.

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Ownership Copyright Fair Use Intellectual Property 52

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 88

Music Copyright Ownership Licensing 88

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. However, the appellate court seems to invalidate that six-factor test: “Determining he ownership of social-media accounts is indeed a relatively novel exercise, but that novelty does not warrant a new six-factor test.”

Social Media 88

Social Media Ownership Designs Design 88

LexBlog IP

DECEMBER 7, 2023

billion damage award against defendant Intel Corporation because it found plaintiff VLSI Technology LLC had erred on its damages calculation, that one of the asserted patents was not infringed, and that Intel was wrongly barred from raising a defense that it had a newly acquired license to the asserted patents.

Licensing 52

Licensing Government Litigation Ownership 52

IPilogue

JUNE 14, 2022

Over the next year, Swift released re-recorded versions of both her Fearless (2008) and Red (2012) albums, receiving widespread commercial and critical success. Look What You Made Me Do. At the heart of Taylor’s decision was an often overlooked but significant legal distinction in the copyright law governing the music industry.

Music 119

Music Contracts Licensing Ownership 119

Technology & Marketing Law Blog

JANUARY 25, 2023

In 2012, the FBI arrested Shah for extortion, which sparked news coverage. Shah pointed to his copyright registrations as evidence of his ownership, but the court says the allegations in his complaint show that he was never entitled to register the copyrights (i.e., He posted the photos to Facebook and his IMDB page ( this one? ).

Copyright 124

Copyright Fair Use Licensing Ownership 124

Patently-O

JANUARY 19, 2024

Ownership Rights : Roku argued Universal lacked ownership rights to assert the ‘196 patent because when Universal filed its ITC complaint, it had recently filed a petition to correct inventorship to add a Universal employee. On appeal, the Federal Circuit has affirmed, rejecting each of Roku’s three primary arguments.

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Inventor Ownership Contracts Intellectual Property 69

Technology & Marketing Law Blog

MAY 15, 2024

He served one prison term from 1989 to 2008, and another from 2012 to 2015. to license works from the Music Specialist catalog. Use of that song was in turn licensed to several popular television shows, including “So You Think You Can Dance.” at 1-2] At its heart, therefore, this case is a dispute about copyright ownership.

Music 101

Music Blogging Copyright Ownership 101

LexBlog IP

DECEMBER 7, 2023

billion damage award against defendant Intel Corporation because it found plaintiff VLSI Technology LLC had erred on its damages calculation, that one of the asserted patents was not infringed, and that Intel was wrongly barred from raising a defense that it had a newly acquired license to the asserted patents.

Licensing 40

Licensing Government Litigation Ownership 40

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. Federal Court Dismisses Copyright Claim Due to Plaintiff’s Failure to Establish Ownership: [link].

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

Copyright Lately

JANUARY 16, 2022

Crabtree claims that Kirkman talked him into giving up co-ownership rights in “Invincible” by asking him to sign a document in 2005 that Kirkman represented would make it easier to market the work to licensees but which wouldn’t affect any of Crabtree’s rights. The Requirements for Copyright Joint Authorship and Co-Ownership.

Ownership 66

Ownership Television Copyright Copyright Notice 66

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] 8] These provisions recognized the rights of directors. There is a conflict between scriptwriters and producers. [10]

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Copyright Music Moral Rights Ownership 52

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. Such resales of works of art taking place in tandem with NFT undertakings may generate the resale right, presupposing that on-chain NFT ownership and off-chain artwork ownership are aligned.

Artwork 98

Artwork Contracts Ownership IP 98

IIPRD

AUGUST 29, 2024

Recent court decisions have clarified the scope of copyright in film screenplays, personality rights, and underlying works concerning content creation and licensing in broadcasting. From DVDs to OTT, the entertainment domain has come a long way owing to rapid digitalization affecting creative authorship over their creations [1].

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 52

IP and Legal Filings

DECEMBER 6, 2022

Producers may claim exclusive ownership of an album or song in court owing to copyright protections. Rights to distribute and reproduce the work exclusively, as well as the right to grant a license that will allow the copyright holder to collect royalties, are included in this property. The court ruled in Gramophone Co.

Music 91

Music Copyright Copyright Infringement Moral Rights 91

CopyrightsWorld

FEBRUARY 10, 2021

This article is part of our series showcasing well-known copyright ownership cases from the music and film industries, technology, and more. This week’s post looks at three well-known copyright infringement cases involving tech giants battling each other over ownership rights. Apple vs. Microsoft. However, Windows 2.0

Intellectual Property 76

Intellectual Property Design Patent Designs Design 76

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. And then further questions like if given protection under IPR, will that be fair to the initial creators, whose works were used without consent or licensing to create these so-called novel art pieces?

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Art Artwork Intellectual Property Copyright Law 52

IP Intelligence

JUNE 3, 2024

Nealy was incarcerated for drug-related offenses from 1989 to 2008 and from 2012 to 2015. Warner) to license certain works from the Music Specialist catalog, including “Jam the Box,” which was interpolated into Flo Rida’s hit song “In the Ayer,” which went on to sell millions of copies.

Music 52

Music Copyright Copyright Infringement Due Diligence 52

The TTABlog

JANUARY 4, 2022

The Board found that Shen knew he was not the owner of the mark, that his false statement of ownership was material to the registration, and that he intended to deceive the USPTO. The Board found that Fuji was the owner of the mark and that Shen’s claim of ownership was a false and material representation. Philanthropist.com, Inc.

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Registration Ownership Licensing Trademark 57

The TTABlog

JULY 6, 2021

The Board found that Meenaxi deliberately caused consumers to believe that its products were licensed or produced by the same source as the products sold in India. Coca-Cola submitted evidence of its ownership of the marks THUMS UP and LIMCA in India for soft drinks, where the marks are well known. The Coca-Cola Company v. 2020), cert.

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Registration Marketing Marketing Branding 98

SpicyIP

FEBRUARY 12, 2024

speech in the Parliament while introducing the Copyright (Amendment) Bill 2012. For the first, one angle is the lack of sufficient clarity among the concerned artists regarding ownership of their rights. IPRS’s Revenues versus Contributions: A Disparity?

Music 101

Music Publishing Reporting Government 101

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance.

Blogging 91

Blogging Copyright Settlement Ownership 91

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.

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IP Intellectual Property Copyright Trademark 142

SpicyIP

MAY 23, 2022

Without the registration requirement, there is no need of any documentation to even claim ownership, before pointing at someone else for alleged infringement and opening them up to arrest. The Delhi High Court, in the context of Section 64, in Event and Event Management Association v.

Copyright 130

Copyright Ownership Copyright Infringement Law 130

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] Patent assertion finance today is a multibillion-dollar business. [2]

Litigation 126

Litigation Reporting Settlement Government 126

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 120

IP Copyright Trademark Intellectual Property 120

SpicyIP

MAY 20, 2024

Bentley Systems Inc & Anr vs Pnc Infratech Limited & Ors on 13 May, 2024 (Delhi High Court) The plaintiff instituted the present copyright infringement suit against the defendant for continuing to use the plaintiff’s software after the expiry of its license.

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Trademark Advertising Advertising Copyright 45

Intepat

NOVEMBER 2, 2023

Key takeaways encompassed the illumination of India’s thriving innovation ecosystem, the accentuation of dialogues within the WIPO Tech Access Platform on voluntary licensing arrangements, and the recognition of India’s ambitions to revamp its IP framework for more efficiency. The main point made by Prof.

Intellectual Property 52

Intellectual Property IP Higher Education Technology 52

IIPRD

FEBRUARY 23, 2021

This was done during 2012-2015 when it faced bankruptcy. The agreement lays down conditions for patent ownership in the event of default. The telecom industry is one such sector that relies heavily on debt-funding with most businesses pledging their towers and spectrum licenses as their collateral assets. Case Studies.

IP 40

IP Intellectual Property Business Branding 40

43(B)log

AUGUST 5, 2021

Through 2012, only about 1000 registered. Consider compulsory licensing as a midway point here as well. Ownership is of linguistic description of structural properties of invention. found in one key case that boat hulls didn’t infringe if the decks were different. Computer chips: Semiconductor mask works, 1984.

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IP Invention Designs Design 45

IP and Legal Filings

JANUARY 23, 2024

iii] These new organisations quench the thirst of community ownership and free will voting of all members to stop bias and profit maximize intention. mechanism (User content stored in a block chain data and DAOs managing the rules of these chains) in contrast to the ownership by a single entity like meta under web 2.0. Ripple, 20 Civ.

Contracts 90

Contracts Government Ownership Intellectual Property 90

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.

Litigation 52

Litigation Settlement Marketing Marketing 52

SpicyIP

JANUARY 5, 2024

March-in rights are provisions that allow the government to require a license for inventions stemming from this investment, upon the fulfilment of certain conditions. In 2012, the concern surrounding the high price of Norvir was raised again before the NIH.

Invention 69

Invention Government Intellectual Property IP 69

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Third, is Trump’s claim of ownership barred by 17 U.S.C. Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? The Falwell court was on solid ground in denying relief on the grounds of an implied license.

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Copyright Blogging Publishing Fair Use 126

43(B)log

FEBRUARY 19, 2022

Disempowers those who participate in TM but not in the ownership of the company. In 2016, b/c of issues from 2012 and McCain, the ASCAP/BMI blanket license added an opt out for political campaigns. McCain was resistant to the usual campaign response of “we’ll stop using it”; McCain said “we paid a license fee so we’re good.”

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Branding Brands Branding Registration 59