IP and Legal Filings

FEBRUARY 9, 2023

Introduction The copyright covers a vast domain of subject matters such as literacy, drama, music, artistic, cinematographic, and sound recordings. The act lays provision for accessibility of such copyrighted work to people with disability, such as blind, visually impaired, etc but does not lays any such guidance over the procedure.

Copyright 82

Copyright Contracts Copying Licensing 82

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

Photographs are under the subject matter of copyright which means that photographs are artistic works that attract copyright protection. In India, photographs enjoy copyright protection under Section 2 (c) i of the Copyright Act, 1957 , which mentions the certain types of artistic works granted copyright protection in India.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 52

Plagiarism Today

AUGUST 17, 2021

1: 8th Circuit Revives Copyright Dispute Over House Floor Plans. First off today, Blake Brittain at Reuters reports that the 8th Circuit Court of Appeals has reinstated a copyright infringement lawsuit against the realtors Columbia House of Brokers Realty over the alleged infringement of floor plans.

Reporting 130

Reporting Fair Use Plagiarism Licensing 130

JIPEL Copyright Blog

APRIL 11, 2022

The Second and Ninth Circuits have consistently led the way in establishing the scope of American copyright law. In the past few years, the Second Circuit in particular has had the difficult task of reconciling copyright law with appropriation art, an artistic style predicated on the intentional use of preexisting images and objects.

Art 52

Art Copyright Law Fair Use Copyright 52

IPilogue

AUGUST 3, 2021

Earthbound is no exception, yet content creators are running into unexpected copyright claims. Copyright Claims Earthbound content and music have remained mostly unscathed on YouTube for many years. Users have attempted to dispute copyright claims, only to allegedly be hit by counterclaims from Sony. History of Earthbound.

Copyright 112

Copyright Music Licensing Copying 112

Plagiarism Today

SEPTEMBER 28, 2021

In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.” ” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works.

Fair Use 242

Fair Use Non-Fungible Tokens Copyright Social Media 242

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. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Blogging 81

Blogging Copyright Contracts Cease and Desist 81

Patently-O

OCTOBER 11, 2022

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. Warhol was never personally a party to the license).

Fair Use 134

Fair Use Copyright Derivative Work Art 134

JIPL Online

APRIL 9, 2021

Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] ii] Existing copyright law is ineffective in its application to new forms of digital media. i] Memes are also a form of communication that distinguishes generations.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

The IPKat

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? 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

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

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. What Happened. Oracle , should have been decided by the trial judge.

Fair Use 81

Fair Use Designs Design Licensing 81

43(B)log

DECEMBER 20, 2022

Nathan directed the allegedly infringing 2013 Documentary, which “tells the story of Pug, a thirteen-year-old child who wants to be a ‘12 O’Clock Boy,’ just like [he] has repeatedly watched in [the 2001 and 2003 Documentaries].” Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore. Nathan, F.Supp.3d

Fair Use 52

Fair Use Trademark Copyright Editing 52

Copyright Lately

OCTOBER 25, 2021

Here are some of the greatest copyright horror stories, featuring such classics as “Nightmare on Elm Street,” “Halloween,” “Dracula,” “Ghostbusters” and … a creepy McDonalds character? The only thing scarier than a slasher flick is a lawsuit. It’s Halloween time again!

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

43(B)log

FEBRUARY 4, 2023

Justin Koo, Exporting Fair Use to Developing Copyright Systems Difficult to grow when the law doesn’t have flexibility—across the Commonwealth Carribean. Either involuntarily imposed on us or adopted from UK w/o adaptation to local needs/lack of resources in former colonies. Will importing fair use solve any problems?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

LexBlog IP

JUNE 27, 2023

” She continued: “ today’s decision—all the majority’s protestations notwithstanding—leaves our first-factor [for fair use] inquiry in shambles.the majority plants itself firmly in the ‘I could paint that’s school of art criticism.’” ’” Take that.

Litigation 52

Litigation Intellectual Property Art Fair Use 52

The IPKat

OCTOBER 12, 2022

An international bestseller, it was the focus of a publishers' bidding war at the 2013 London Book Fair.[2] unless the title has been used on a series of creative works…; In re Cooper [full citation omitted] ("A book title. International license. So, there it is. Trademark Manual of Examining Procedure (the "TMEP").

Law 125

Law Trademark Public Domain Licensing 125

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. Copyright Conundrums, Sovereign States, and IP Piracy (2020). Cooper, 140 S.Ct. ” Flynn, Queen Anne’s Revenge, Indeed!

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

43(B)log

JUNE 24, 2022

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? It served us well as a clear rule. So too with idea/expression.

Trademark Law 75

Trademark Law Law Trademark Registration 75

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. See also Swaraj’s post on this.

IP 64

IP Licensing Copyright Blogging 64

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