Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. licenses for specific uses). 7(1) and art. 17(7) CDSM Directive.

Copyright 126

Copyright Art Licensing Contracts 126

Technology & Marketing Law Blog

JUNE 10, 2024

[Note: The majority opinion doesn’t expressly reference Uber’s post-Kauders vulnerability, but the dissent says: “It is undisputed that as a consequence of Kauders, no enforceable contract existed between Good and Uber before the evening of April 25, 2021.” The plaintiff, Good, registered an Uber account in 2013.

Contracts 98

Contracts Marketing Marketing Blogging 98

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

The IPKat

SEPTEMBER 12, 2022

These measures included export controls and compulsory licenses (e.g., many countries prepared their legislation for compulsory licenses). The study found that patenting was the most important for the mRNA platform, but most of the patents for the mRNA vaccines were filed a significant number of years before Covid in around 2013.

IP 91

IP Reporting Contracts Licensing 91

Patently-O

MAY 1, 2024

May 1, 2024) offers some interesting insight into leveraged patent transactions, and the effect of a lender’s ability to license or assign a patent on the patent owner’s standing to sue for infringement, especially after default. Zebra Techs. 2022-2207 (Fed. ” IT sued Zebra for infringement in the W.D.Tex.,

Licensing 56

Licensing Patent Ownership Patent Infringement 56

Kluwer Copyright Blog

MAY 11, 2023

These contract law provisions, totally alien to the Irish legal tradition, are designed to apply in negotiations and contractual relationships between artists and commercial exploiters of their works, including social media platforms and streaming services.

Copying 105

Copying Copyright Law Copyright Social Media 105

The IPKat

FEBRUARY 3, 2023

On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe. It should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law.

Government 141

Government Related Rights Copyright Law 141

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. 785, 851 (2013) (“By copying a master’s work, the ‘pupil’ might at least get a glimpse of the great author’s mind, which would seem like a normatively desirable process.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

Technology & Marketing Law Blog

MARCH 28, 2023

Much digital ink has been spilled on online contract formation; much less on online contract termination. Plaintiffs alleged that Facebook and LinkedIn agreed to divvy up the social media market “between 2013 and 2016.” The court dismissed the market division argument on the grounds that it was time barred.

Blogging 126

Blogging Cease and Desist Contracts Marketing 126

Technology & Marketing Law Blog

JULY 25, 2022

In 2013 and 2015, it granted exclusive licenses to stream those works to Starz, a premium subscription channel. The time periods for each license were separate, and some licenses were renewed multiple times, resulting in more than 1,000 separate license periods. 204(a) ).

Blogging 98

Blogging Copyright Licensing Copyright Infringement 98

Kluwer Copyright Blog

MAY 30, 2022

An important but relatively neglected flaw is its silence on the features of the licensing mechanism that Member States may and shall adopt for the management of the press publishers’ right. The licensing scheme adopted by the Italian implementation of Article 15 represents a perfect case in point. 43bis (9)).

Publishing 59

Publishing Law Contracts Licensing 59

IP and Legal Filings

JUNE 12, 2024

Although the Companies Act of 2013 requires registering, the Partnership Act has no such need for partnerships companies. Whereas the Partnership Act of 1932 does not require partnership licensing, the suggestion that partnership firms be registered should cause one to consider the advantages and disadvantages of not doing so.

Registration 105

Registration Business Contracts Law 105

The IPKat

DECEMBER 13, 2023

After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here ] , it is now the turn of Article 15 (the related right for press publishers) as implemented into Italian law. It concerns the waivability of the right and the modalities for its exercise.

Related Rights 81

Related Rights Publishing Licensing Contracts 81

Technology & Marketing Law Blog

MARCH 10, 2022

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. 201 (Spring 2013). Gutman , JLM, the bridal wear company was successful at the PI stage precisely because it asserted trademark and contract claims. (NB: TELECOMM. &

Social Media 98

Social Media Contracts Ownership Business 98

Kluwer Copyright Blog

MAY 30, 2022

An important but relatively neglected flaw is its silence on the features of the licensing mechanism that Member States may and shall adopt for the management of the press publishers’ right. The licensing scheme adopted by the Italian implementation of Article 15 represents a perfect case in point. 43bis (9)).

Publishing 52

Publishing Law Contracts Licensing 52

The IP Law Blog

AUGUST 25, 2022

The Court also found it significant that VNG had “contracted with U.S. There was evidence before the Court that VNG had the ability to geo-block users as early as 2013 (if not earlier) but chose not to. and noted that it had signed license contracts with various U.S. businesses in conjunction with Zing MP3.” interests.”

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

IP 143

IP Intellectual Property Copyright Trademark 143

Copyright Lately

OCTOBER 25, 2021

” They argued that had Twain really written the book, Clemens’ estate would own the copyright and Harper would have the exclusive right under contract to publish it. In 1999, Cinema Secrets licensed the right to sell a Michael Myers Halloween mask from the film’s copyright owner. “The Conjuring” (2013).

Copyright 145

Copyright Cinema Copying Copyright Infringement 145

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. InterDigital (Fed.

Inventor 69

Inventor Ownership Contracts Intellectual Property 69

LexBlog IP

AUGUST 30, 2022

In virtually all trade secret cases, there is a written agreement at the center of the dispute–a restrictive covenant, or a non-disclosure agreement (NDA), or an inventorship agreement or a licensing agreement–that should determine the obligations, if any, of the parties over the information at issue. ” Chicago Title Ins.

Contracts 52

Contracts Invention Ownership Law 52

Technology & Marketing Law Blog

JULY 9, 2022

The FTC alleged that: from 2013 to mid-2018, nonsubscribers were unaware that “as many as 25-30 percent of Match.com members who registered each day were using Match.com to perpetrate scams.” Dismissing the case again , but saying breach of contract claim (and associated conversion/replevin claims) might have a chance if repled properly.

Advertising 131

Advertising Advertising Publishing Blogging 131

The IPKat

NOVEMBER 20, 2023

The BoA discussed the items of evidence filed by 44IP: Statistical data of people watching Formula 1 in 2013 did not include data from Bulgaria, Croatia, Estonia, Latvia and Lithuania. Picture is by Rodrigo Chablé and used under the licensing terms of pexels.com.

Art 107

Art Branding Branding Brands 107

SpicyIP

JULY 19, 2021

NFTs (Non-fungible tokens), which act as a certificate of ownership for whatever the creator puts up for sale, allow artists to set their preferred terms of contract while making sales. She highlights that the emphasis is on investing only in royalty revenue and not buying the artist’s rights or retaining control over their work.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

Kluwer Copyright Blog

AUGUST 18, 2021

Under the 2013 version of the Public sector information directive, public sector bodies (excluding public broadcasters and a few other institutions) were already obliged to allow maximum (commercial) re-use of information that is publicly accessible under national laws. and not charging fees for re-use. 1(6) Open data directive).

Government 59

Government Database Right Intellectual Property Copyright 59

Technology & Marketing Law Blog

OCTOBER 28, 2022

Instead, as described by the district court in Nosal II , “[t]he common definition of the word ‘access’ encompasses not only the moment of entry, but also the ongoing use of a computer system.” Nosal II , 930 F.Supp.2d 2d 1051, 1063 (N.D. None of the CFAA Defendants entered or used Lumileds’ network.

Blogging 111

Blogging Cease and Desist Business Litigation 111

Kluwer Copyright Blog

APRIL 20, 2022

Accordingly, the proposed right is intended to incorporate the entire catalogue of copyright exceptions, the Swedish freie Benutzung provision in section 4, uses of unprotected content (for example which are in the public domain) and licensed uses (Ds 2021:30, pp. But there is more.

Copyright 59

Copyright Intellectual Property Law Public Domain Copyright Law 59

Kluwer Copyright Blog

FEBRUARY 22, 2023

Part I addresses decisions in the areas of scope of protection, exploitation rights, exceptions and limitations, and copyright contract law. Following the 2013 BGH decision Geburtstagszug , several lower courts afforded copyright protection in the area of applied art despite only a minor degree of individual character.

Law 52

Law Copyright Copyright Law Contracts 52

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

The TTABlog

APRIL 6, 2022

As in Moreno , the agreement the written agreement between Illyrian and GKS did not give Illyrian any ownership interest in the marks, but only a license permitting it to use the marks as the distributor of the brandy. Conmar Form Sys., 1 USPQ2d 1139, 1142 (TTAB 1986). Thus, according to Illyrian, ADOL knew that GKS had the superior right.

Ownership 52

Ownership Registration Trademark Contracts 52

LexBlog IP

AUGUST 25, 2022

The Court also found it significant that VNG had “contracted with U.S. ” There was evidence before the Court that VNG had the ability to geo-block users as early as 2013 (if not earlier) but chose not to. and noted that it had signed license contracts with various U.S. businesses in conjunction with Zing MP3.”

Copyright Infringement 52

Copyright Infringement Copyright Contracts Music 52

Patently-O

FEBRUARY 22, 2023

For instance, the International Trade Commission already requires some disclosure of complainants that seek its exclusive jurisdiction over nationwide injunctions, both as to NPE status and to licensing and industry activity to establish the statutory domestic industry requirement. 18, 2022), available at [link] (last visited Feb.

Litigation 126

Litigation Reporting Settlement Government 126

43(B)log

FEBRUARY 4, 2023

Contract instead of ©? Rosenblatt: consider implied license and laches. Sarah Louise Bishop, Scenes a Faire, Novelty, and Genre Before 2013, no court of appeals affirmed use of scene a faire on motion to dismiss, and since then it’s happened a fair amount: 45% in last 5 years. Micropayments? Should that be possible?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

IIPRD

DECEMBER 28, 2021

To compute royalties per stream, the platform considers parameters such as the country in which the song is played, the country’s currency value, contracts, artist worth, and so on. Similarly, Beyonce, after releasing her latest album, in late 2013, blocked it from streaming for nearly a year.

Music 40

Music Business Copying Licensing 40

Intepat

OCTOBER 6, 2024

In industries such as biotechnology, pharmaceutical research, and software development, companies are increasingly sharing IP through licensing agreements, cross-industry partnerships, and open-source platforms. From 2004 to 2013, the number of patent applications was found to be 21,956, with ZTE (China) as the top applicant.

Patent 52

Patent Intellectual Property Inventor Technology 52

Intepat

JUNE 17, 2024

Applicant/ownership information, product and service limitations, registration renewal, and assignment/license of rights in several countries can all be modified by submitting a single application. Complementary fee – A fee of 100 Swiss francs is to be paid for each Contracting Party designated in the application.

Registration 52

Registration Designs Design Trademark 52

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

Already, FDA has licensed almost 30 biosimilars, nearly 20 of which are available to patients in the United States. FDA has reported numerous biosimilar-related submissions in its pipeline for Fiscal Year (FY) 2020, including seven original biosimilar biologics license application (BLA) submissions in FY 2020.

Settlement 40

Settlement Licensing Designs Design 40

43(B)log

AUGUST 5, 2021

It seems that boat designers/manufacturers used C&Ds under this regime, but there were 1100 utility patents on boat hulls and 20 design patents since 2013, which was the last boat hull registration. Consider compulsory licensing as a midway point here as well. Was more heavily used 1999-2003. Sharp shift to regular regime.

IP 45

IP Invention Designs Design 45