Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view).

Contracts 98

Contracts Copyright Law Cease and Desist 98

LexBlog IP

NOVEMBER 2, 2023

Ping® by Adlerlaw Reminder: NYC Requires Written Contracts For Freelance Workers New York City’s Freelance Isn’t Free Act defines freelance workers as any individual hired or retained as an independent contractor by a hiring party to provide services for compensation.

Contracts 40

Contracts Copying Intellectual Property 40

Patently-O

AUGUST 30, 2022

Contract not Copyright: Genius does not hold the copyright to the lyrics and so has no copyright infringement claim. But, Genius does require its users to agree to an extensive contractual agreement that includes a promise that the user will not commercially reproduce, copy, or distribute any portion of the Genius service. Genius sued.

Copyright Law 80

Copyright Law Copyright Law Contracts 80

Kluwer Copyright Blog

SEPTEMBER 28, 2022

Careful readers as yourself will note that the 2017 Regulation on Cross-Border Portability of Online Content Services was omitted from the list above. Portability as a Consumer Contract Remedy. In sum, the effectiveness of the portability right as a consumer contract remedy is likely to be even more limited than that in the GDPR.

IP 94

IP Contracts Social Media Copying 94

Technology & Marketing Law Blog

JUNE 11, 2022

Peak ruling and embrace the Cablevision ruling that there is a class of unfixed electronic works: embodiment alone does not result in the creation of a copy; the embodiment must also persist for a period of more than transitory duration. in February 2017. 2017 WL 11665339 (SDNY Feb. UMG Recordings, Inc., Dish Network LLC v.

Copyright 124

Copyright Copying Copyright Infringement Copyright Law 124

IP and Legal Filings

OCTOBER 19, 2022

2560 (2017) and Section 140 of the Civil and Commercial Code of Thailand, which are further expanded upon in other provisions. An NFT is viewed from the viewpoint that buying one grants the buyer a proprietary right to each and every copy or iteration of the underlying work. Conclusion.

Artwork 90

Artwork Copying Contracts Copyright 90

Kluwer Copyright Blog

DECEMBER 26, 2021

However, that purchaser is entitled to carry out such a decompilation only to the extent necessary to effect that correction and in compliance, where appropriate, with the conditions laid down in the contract with the program’s rightsholder. Stay tuned as a comment on the judgment is coming soon in the blog. CDSM Directive implementation.

Copyright Law 121

Copyright Law Law Copyright Reporting 121

SpicyIP

SEPTEMBER 12, 2024

He is also the co-author of two books- “Create, Copy, Disrupt: India’s Intellectual Property Dilemmas” (OUP, 2017) and “The Truth Pill: The Myth of Drug Regulation in India” (Simon and Schuster India, 2022). A copy can be purchased here. Except under S.

Copyright 81

Copyright Law Copyright Law Intellectual Property 81

IP and Legal Filings

SEPTEMBER 8, 2021

Most prominently, through its 2020 report, IBM stated that several patents granted to them in 2017 also comprised of blockchain patents. Smart contracts are contracts that are used to regulate NFT transactions. The copyrights that subsist on an NFT are also governed with the help of a smart contract.

Intellectual Property 94

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

Technology & Marketing Law Blog

APRIL 1, 2023

As for the tortious interference claim, App Star alleges that by submitting the DMCA notification to service providers, Bar-Z interfered with App Star’s contracts with certain chambers of commerce. Here, the Court has already found that Bar-Z had a legal right to interfere with App Star’s contracts with the chambers of commerce.

Fair Use 111

Fair Use Cease and Desist Contracts Ownership 111

Kluwer Copyright Blog

MARCH 13, 2024

The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of creators (see Geiger, 2017 ). The purpose of copyright, its social and innovation function, is thereby seriously undermined.

Copyright 126

Copyright Art Licensing Contracts 126

The IPKat

MAY 12, 2023

The software was rewritten in C# and became InSPC v2 in 2017/2018. PQ became aware of InSPC v1 when it was promoted in demo form by CyberMetrics in the Summer 2017. US proceedings were filed by PQ against CyberMetrics in October 2017, Mr Aughton was deposed in October 2021 and the proceedings then settled on confidential terms.

Copyright Infringement 69

Copyright Infringement Copyright Confidentiality Copying 69

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. ” 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. A Nightmare on My Street.

Copyright 145

Copyright Cinema Copying Copyright Infringement 145

SpicyIP

SEPTEMBER 2, 2024

He is also the co-author of two books- “Create, Copy, Disrupt: India’s Intellectual Property Dilemmas” (OUP, 2017) and “The Truth Pill: The Myth of Drug Regulation in India” (Simon and Schuster India, 2022). Prashant is an advocate and one of our most prolific bloggers (His posts can be accessed here ).

Confidentiality 85

Confidentiality Business Public Domain Copying 85

Kluwer Copyright Blog

MARCH 16, 2022

The current TDM exception is found in section 29A of the UK Copyright Designs and Patents Act 1988 , according to which a person is allowed to copy a work for the purposes of carrying out “computational analysis of anything recorded in the work”, provided that it is done “for the sole purpose of non-commercial research”.

Licensing 98

Licensing IP Intellectual Property Intellectual Property Law 98

Kluwer Copyright Blog

FEBRUARY 13, 2022

Sean Flynn and I first introduced the database in white papers in 2017 and 2018 , which focused on the openness of the various copyright exceptions. For instance, the category for libraries includes the question of whether the exception allowed unauthorized reproduction to provide copies for other libraries. Supremacy Of Contracts.

Copyright 98

Copyright Copyright Law Technology Fair Use 98

Technology & Marketing Law Blog

MAY 2, 2022

LinkedIn lawsuit started in 2017. They may look to state hacking laws, trespass to chattel claims, or other causes of action “such as copyright infringement, misappropriation, unjust enrichment, conversion, breach of contract, or breach of privacy.”. __.

Cease and Desist 116

Cease and Desist Contracts Privacy Business 116

The IPKat

AUGUST 15, 2023

Dua Lipa and Warner Music are being sued by talk box inventor and singer, Bosko Kante, for breach of contract and copyright infringement in hit song 'Levitating'. This case was dismissed in June 2023 in an order by Judge Sykes, for failure to plead copying – primarily for lack of 'access'. Secondly, in New York, from L.

Copyright Infringement 52

Copyright Infringement Music Copyright Contracts 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Registration 132

Registration Fair Use Copyright Designs 132

43(B)log

DECEMBER 16, 2022

12, 2022) Plaintiffs sued defendants for copyright infringement, violation of the Lanham Act, breach of contract, and violation of unfair competition law; copyright and breach of contract claims survived a motion to dismiss but the others didn’t. Breach of contract claims survived. CV 22-4735-RSWL-Ex (C.D.

Marketing 45

Marketing Marketing False Advertising Contracts 45

The IPKat

NOVEMBER 20, 2023

He won four other titles in a row from 2017-2020. Total visits of the website www.lewishamilton.com from the five EU Member States mentioned before ranged from 1,200 to 8,200 between May 2015 and November 2017, amounting to less than 0.2 % of the total population of these countries.

Art 107

Art Branding Branding Brands 107

The IPKat

MARCH 27, 2022

In April 2017, Mrs Meikle bought herself a pair of Heeled Regina boots. Another House of Bruar employee, Mr Whitfield, ordered a pair of these Heeled Regina boots in May 2017 on the company credit card to be delivered next day to a House of Bruar designer who was involved in the production of the Bruar's 2017/18 catalogue.

Designs 52

Designs Design Copying Art 52

43(B)log

SEPTEMBER 21, 2021

Plaintiffs contended that omissions and inaccuracies rendered the Tanbook of no value to its users and that, after receiving complaints, Matthew Bender included the previously omitted statutes and regulations in the 2017 edition, which, although published late in the calendar year, was sold to plaintiffs and other subscribers at full price.

Editing 45

Editing Contracts Copying Law 45

IPilogue

APRIL 4, 2022

As journalist-in-residence there, I worked from 2017 to 2019 with a team of 20 law students and 18 law professors, alongside lawyers from several countries, on a project entitled ‘A Child’s Right to be Forgotten’. Where does one even begin? But we ran into difficulties locating the owner of the copyright as the image had no credit line.

Privacy 119

Privacy Publishing Journalism Copyright 119

LexBlog IP

FEBRUARY 21, 2022

billion in sales in 2021 alone, the non-fungible token (“NFT”) has recently undergone a dramatic rise in prominence in the cryptoverse, similar to the “crypto summer” of 2017-18 or the “DeFi summer” of 2020. With an astounding $17.7 This metadata may be “on-chain” or “off-chain.”

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52

LexBlog IP

NOVEMBER 8, 2023

Law 4481/2017 Article 6 of Law 4481/2017 states: 1. Further, article 7 of Law 4481/2017 sets out the following presumptions: 1. With these contracts, the foreign CMOs provide power-of-attorney or transfer to the domestic CMOs their rights for the purpose of their management in Greece.

Music 52

Music Related Rights Law Contracts 52

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Influence of law, desire to contract, social norms. Desire to contract: contracts clearly define scope of rights.

Fair Use 45

Fair Use Contracts Litigation Copying 45

IIPRD

JANUARY 29, 2023

However, the conversation being considered as a contract between them was unclear regarding the IP rights. This instance brings out certain questions when will the work be considered as commissioned, contract for service or implied license? 6] NFTs as of today don’t provide the exclusive right to the owner to commercialise the artwork.

IP 52

IP Artwork Contracts Intellectual Property 52

43(B)log

AUGUST 4, 2021

Canadian fair dealing: preservation isn’t listed as a fair dealing purpose, but library exception allows maintenance or management copying for the permanent collection. Contracts should not be permitted to override exceptions and limitations. Underutilized because of risk tolerances. This is the oncoming crisis. Could it be?

Copyright 45

Copyright Licensing Fair Use Contracts 45

SpicyIP

JANUARY 9, 2023

Revenue to share copy of its report filed earlier. However, the Plaintiff relied on the “Revised Guidelines for Examination of Computer Related Inventions, 2017” and the decision in Ferid Allani v. Case: Adani Wilmar Limited vs Baljit Agro Tech Pvt. & Anr on 4 January, 2023 (Delhi High Court). Annapurna Films Pvt.

Trademark 105

Trademark IP Registration Reporting 105

Garrigues Blog

JUNE 28, 2021

China’s new reform is part of its five-year strategic plan to improve protection and compliance with intellectual property, launched in 2017. This is in line with the Hague System, which requires national designs granted by contracting states to be protected for a minimum of 15 years. Key reforms.

Designs 52

Designs Design Intellectual Property Registration 52

Technology & Marketing Law Blog

JUNE 20, 2023

Similarly, when an artist lawfully creates a derivative work based on a photograph, and copies of that derivative work are reproduced and distributed to the public, ordinarily the owner of copyright in the photograph and the owner of copyright in the derivative work are entitled to royalties. . 36, because remote controls did not exist.)

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

Trading Secrets

DECEMBER 21, 2021

At the workshop, legal scholars, economists, and policy experts reviewed the current state of the law and economic literature on non-compete clauses in contracts between employers and employees. It recently held a workshop where academics and regulators addressed the issue. Vast majority of cases involve misappropriation by electronic means.

Confidentiality 69

Confidentiality Law Contracts Business 69

Fish & Richardson Trademark & Copyright Thoughts

APRIL 16, 2021

locksmith, transportation service, substitute custodian); Prepare contracts between the court and experts that might accompany the U.S. marshal to copy the stolen trade secrets and delete the files from the defendant’s computer as soon as possible. 17-cv-428, 2017 WL 8947964 at *2 (D. Utah June 29, 2017). [8] 3, 2017). [11]

Intellectual Property Law 40

Intellectual Property Law Litigation Intellectual Property Contracts 40