IIPRD

JUNE 9, 2024

This will give recognition to those persons and provide them with ownership rights for that intellectual activity. Basics of IP in Metaverse In simple words, Intellectual Property Rights refer to legal rights that protect the intangible property of a person that arises from a person’s intellect.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Designs 59

43(B)log

FEBRUARY 22, 2021

Should consider public space art, in some circumstances, as a common good, with ownership interests at least in part in people who live in the area. Pezza: Civil law legal systems don’t require fixation; UK CDPA requires works to be “recorded”; US requires fixation. What are options for conservation, restoration, and preservation?

Copyright 40

Copyright Art Copying Editing 40

Technology & Marketing Law Blog

AUGUST 16, 2023

This paradigm, however, breaks down when copyright ownership is contested. In that circumstance, the takedown notice becomes a proxy battle for a larger and likely fact-dependent war over ownership, which the service in the middle isn’t in a good position to resolve. Benjamin * How Have Section 512(f) Cases Fared Since 2017?

Ownership 75

Ownership Cease and Desist Fair Use Copyright 75

Technology & Marketing Law Blog

AUGUST 8, 2021

Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use. The Crony graphic also doesn’t qualify for fair use: Nature of Use. Benjamin. * How Have Section 512(f) Cases Fared Since 2017?

Fair Use 135

Fair Use Television Cease and Desist Copyright 135

Technology & Marketing Law Blog

SEPTEMBER 15, 2024

Despite UMG’s lack of ownership in the beat, UMG’s “content protection specialist” found the song Oi! It’s not like UMG had some colorable reason to think it owned the beat; its takedown notice was the direct and foreseeable consequence of its own incomplete tracking of its asset ownership and licensing status.

Fair Use 105

Fair Use Cease and Desist Ownership Licensing 105

Technology & Marketing Law Blog

MARCH 15, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici. * Biosafe-One v.

Copyright 134

Copyright Fair Use Cease and Desist Litigation 134

Technology & Marketing Law Blog

DECEMBER 15, 2021

The court also credits the self-serving claim by the successor licensee that it considered fair use by comparing the works and evaluating if the works were being sold commercially or for other purposes. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Weiner. * Fair Use – It’s the Law (for what it’s worth)–Lenz v.

Registration 132

Registration Fair Use Copyright Designs 132

Technology & Marketing Law Blog

MARCH 6, 2022

“Plaintiff’s takedown letters and supporting document establish facially plausible claims of infringement, and Babybus does not allege a plausible basis for a fair use defense.” Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use 111

Fair Use Cease and Desist Copying Copyright Infringement 111

Technology & Marketing Law Blog

AUGUST 18, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici. * Biosafe-One v.

Fair Use 122

Fair Use Cease and Desist Copyright Blogging 122

Technology & Marketing Law Blog

APRIL 1, 2023

Construing these allegations as true and in Service’s favor, Service subjectively believed that he possessed an ownership interest and that he never approved the Comedy Dynamics deal. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership. Federici * Biosafe-One v.

Fair Use 111

Fair Use Cease and Desist Contracts Ownership 111

Technology & Marketing Law Blog

OCTOBER 4, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici. * Biosafe-One v.

Cease and Desist 96

Cease and Desist Fair Use Copyright Blogging 96

Technology & Marketing Law Blog

APRIL 29, 2023

Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin * How Have Section 512(f) Cases Fared Since 2017? New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici * Biosafe-One v.

Fair Use 105

Fair Use Cease and Desist Copyright Trademark 105

Technology & Marketing Law Blog

DECEMBER 5, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici. * Biosafe-One v.

Marketing 85

Marketing Marketing Cease and Desist Fair Use 85

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Prior Posts on Section 512(f) * 512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin * How Have Section 512(f) Cases Fared Since 2017? Hawai‘i Aug.

Fair Use 75

Fair Use Cease and Desist Copyright Ownership 75

LexBlog IP

APRIL 18, 2022

Supreme Court recently granted a petition for writ of certiorari (docket, here ) to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. When Prince died in 2016, Vanity Fair’s parent company sought permission from the Andy Warhol Foundation for the Visual Arts, Inc.

Fair Use 40

Fair Use Copyright Art Copyright Law 40

Indiana Intellectual Property Law

SEPTEMBER 29, 2023

The complaint states that while the Plaintiff does sell limited, one-time use licenses to customers, he always retains copyright ownership of the photographs. Continue reading

Copyright Infringement 97

Copyright Infringement Copyright Intellectual Property Licensing 97

LexBlog IP

JANUARY 5, 2022

26 , rejected the claim that taking away, or ignoring, the ability-to-control indicia of ownership amounts to a taking: Similarly, property rights, including copyright, have been described as ownership of a bundle of rights or interests. 1933, 1942 (2017) (citing Chicago Burlington & Q.R.C. Nation Enters., 2218, 85 L.Ed.2d

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

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 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

FEBRUARY 12, 2025

Barrett Financial * 512(f) Once Again Ensnared in an Employment Ownership DisputeShande v. Heldman * Another 512(f) Claim FailsNingbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)Hughes v. Benjamin * How Have Section 512(f) Cases Fared Since 2017? Zoox * Surprise!

Cease and Desist 59

Cease and Desist Fair Use Copyright Ownership 59

Technology & Marketing Law Blog

JANUARY 11, 2025

In those circusmtances, copyright law is an especially attractive tool to the pugilists, with its strict liability standards, amorphous fair use boundaries, high defense costs, and effectiveness of takedown notices. Levy argued that Kilgore didn’t consider fair use before sending the takedown notices.

Copyright 40

Copyright Fair Use Cease and Desist Copyright Law 40

Intepat

JANUARY 17, 2025

A Legal Dispute on Intellectual Property and Open Access specific to Sci-Hub In a landmark case decided on June 21, 2017, Elsevier and related entities sued Sci-Hub, the Library Genesis project, and Alexandra Elbakyan. It determines cases and limits of free use of the work for informational, scientific, educational, or cultural purposes.

Copyright 52

Copyright Copyright Infringement Copyright Law Publishing 52

LexBlog IP

JANUARY 10, 2024

That then plays off the rest of the title’s allusions to separating “subjects” from the “predicates” of copyright ownership, themselves words connoting the foundational elements of both “ any complete sentence ” and at times a court’s jurisdiction over infringement matters. ’” Id.

Ownership 52

Ownership Copyright Government Intellectual Property 52

Copyright Lately

SEPTEMBER 2, 2024

An Attack on Ownership and Fair Use In a flurry of legal filings over the long Labor Day weekend, the defendants are pushing back. I should note that in 2017, Moore performed “America the Beautiful” at a pre-inauguration concert for Trump.)

Copyright 104

Copyright Fair Use Music Social Media 104