The IP Law Blog

AUGUST 4, 2022

Embedding” means the process of copying unique HTML code assigned to the location of a digital copy of the photo or video published to the Internet, and the insertion of that code into a target webpage or social media post so that photo or video is linked for display within the target post. Alexis Hunley et al v. In September, U.S.

Copyright Infringement 98

Copyright Infringement Social Media Licensing Publishing 98

SpicyIP

JUNE 26, 2024

On a broad reading, there seems to be an obvious conflict of two areas of law, where the RPwD Act mandates fundamental access to all content but the Copyright Act grants the author the right to control how their works are copied.

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Copyright Copying Publishing Cinema 73

IP Whiteboard

JULY 19, 2021

The Federal Court of Australia has awarded additional damages in the highest order against Clive Palmer ( Palmer ) for his copyright infringement of the 1985 Twisted Sister’s rock song “ We’re Not Gonna Take It ” (the Song ). After being alerted to the UAP campaign, Universal commenced copyright infringement proceedings against Palmer.

Copyright Infringement 40

Copyright Infringement Copyright Music Publishing 40

Patently-O

AUGUST 31, 2021

SAS argues that it made a “plethora of creative choices” in developing its material, and that creativity is more than sufficient to satisfy the originality requirements of copyright law. Thus far, the courts have disagreed with SAS and rejected its copyright assertions. 1821 (2013). Google Decision , 37 Eur.

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

IPilogue

NOVEMBER 11, 2021

Professor Vaver spoke on the origins of fair dealing in Canada and its differences and similarities in comparison to the American legal concept of “fair use”, its evolution throughout the history of Canadian common law jurisprudence, and its potentially far-reaching future beyond Canada and copyright law. .

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Fair Use Copyright Law Copyright Intellectual Property 110

LexBlog IP

AUGUST 4, 2022

“Embedding” means the process of copying unique HTML code assigned to the location of a digital copy of the photo or video published to the Internet, and the insertion of that code into a target webpage or social media post so that photo or video is linked for display within the target post. In September, U.S.

Copyright Infringement 52

Copyright Infringement Licensing Publishing Copying 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

Blogging 81

Blogging Copyright Contracts Cease and Desist 81

SpicyIP

OCTOBER 11, 2021

Fair dealing requirements under Indian law are quite broad, but one would assume they are purpose built for circumstances like this, where short clips from Aaj Tak have been taken and critical commentary added to it by Newslaundry.

Copyright 93

Copyright Social Media Copyright Infringement Copyright Notice 93

Canadian Intellectual Property Blog

OCTOBER 13, 2021

the defendants, for copyright infringement. It was on the basis of these alleged embellishments and “fictional accounts” that the plaintiffs based their claim of copyright infringement against the defendants under sections 3 [1] and 27 [2] of the Copyright Act (the “ Act ”). Kelley”) sued author, Nate Hendley (“Mr.

Copyright 52

Copyright Copyright Infringement Publishing Intellectual Property 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 Indian courts have further clarified this issue. For a more specific discussion, see Prof.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

LexBlog IP

FEBRUARY 28, 2022

6] The Supreme Court’s ruling on that petition—and a possible eventual decision on the merits—could have enormous implications for the art world and other industries impacted by copyright law. Goldsmith counterclaimed for copyright infringement. Originals” [7] : The Works at Issue. 3d 312, 316 (S.D.N.Y. 3d 99 (2d Cir.

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Fair Use Derivative Work Art Licensing 97

Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. Over the course of a decade, Google copied large volumes of books and made them available online, both through excerpts, known as “snippets”, and as entire publications. As such, it was permissible under United States copyright law. Fair Use Precedent?

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Fair Use Copyright Moral Rights Copyright Law 133

43(B)log

DECEMBER 20, 2022

The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. Plaintiffs claimed infringement, including “the character Pug, clips, the title card, concepts, feel, mood, theme, and approach.” Nathan, F.Supp.3d 3d -, 2022 WL 4591905, No.

Fair Use 52

Fair Use Trademark Copyright Editing 52

Copyright Lately

JUNE 12, 2024

Jukebox Manatee creator Daniel Kassel filed a lawsuit in 2023 claiming that Comedy Central , production company Cartuna and Saturday Night Live alum Bobby Moynihan copied these elements to create their own talking manatee program, the adult animated series Loafy. ” Oh, the Two Manatees! As always, I’d love to hear what you think.

Social Media 78

Social Media Copying Copyright Copyright Infringement 78

IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. The papers were taken from copies of the examination papers that students provided, not from publications by the University of London Press Ltd. can have copyright.

Copyright 91

Copyright Public Domain Copying Publishing 91

Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. But Lewis thought the song was a rip-off of “I Want a New Drug” and asserted a copyright infringement claim against Columbia Pictures. to write the’s film’s signature song.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

Copyright Lately

OCTOBER 3, 2022

In addition, in granting Alexander’s motion for partial summary judgment, the court found that Alexander held valid copyrights in the tattoo designs at issue and that defendants copied those works. What Happened. Skull arm design. Bible verse design. Upper back design. Bodily Autonomy. — Gaudzilla (@GaudzillaRX) October 1, 2022.

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Fair Use Designs Design Licensing 81

Michael Geist

AUGUST 3, 2021

” The decision removes any doubt that the Supreme Court remains strongly supportive of user’s rights in copyright and vindicates years of educational policy in shifting away from Access Copyright toward alternative means of ensuring compliance with copyright law. .” 42; see also CCH, at para.

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Copyright Copying Copyright Infringement Licensing 99

LexBlog IP

JULY 21, 2021

Likewise, the Office cannot register a work purportedly created by divine or supernatural beings, although the Office may register a work where the application or the deposit copy(ies) state that the work was inspired by a divine spirit. copyright law. Compendium, at Section 313.2 ]. ” Welsh (2015) at 134. ” Id.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

LexBlog IP

JANUARY 5, 2022

994 (2020) , a decision holding that the sovereign immunity of individual states prevented a copyright holder from recovering damages for infringement, I was a bit disheartened. Cooper, 140 S.Ct. ” Flynn, Queen Anne’s Revenge, Indeed! See Jim Olive Photography, d/b/a Photolive, Inc., Maclean Hunter Market Reports, Inc.,

Intellectual Property 52

Intellectual Property Government Invention Copyright 52