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. The purpose of copyright, its social and innovation function, is thereby seriously undermined.

Copyright 118

Copyright Art Licensing Contracts 118

The IPKat

DECEMBER 16, 2021

While the High Court found Morison liable for trademark infringement as well as passing-off, the trial judge did not make a finding of copyright infringement, stating that as the designer of the device was not called to testify, copyright ownership was not sufficiently proven.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

Copyright 57

Copyright Copying Music Fair Use 57

43(B)log

DECEMBER 26, 2022

AKF contracted with two corporate defendants to be AKF’s third-party fulfillment intermediaries for several hundred thousand units of disposable vaping devices, batteries and related goods. But the distribution right does not include “the mere transportation of goods without a transfer or sale of ownership interest in the goods.”

Copyright Infringement 57

Copyright Infringement Branding Brands Branding 57

LexBlog IP

MARCH 31, 2022

Desny could not get through to Wilder and subsequently stripped his script to the bare facts so that Wilder’s secretary could copy it in short-hand over the phone. The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties.

Contracts 52

Contracts Artwork Law Ownership 52

LexBlog IP

MAY 19, 2023

This ownership interest in the creative work is balanced with the general public’s need to access the creative arts and exercise First Amendment rights. ” [5] When the original and the copy share a similar purpose, there is a concern that the copy will substitute for the original. Oracle America, Inc.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

JIPEL Copyright Blog

DECEMBER 1, 2021

2019) opinion concerning data scraping was vacated and remanded this June by the Supreme Court to be reconsidered in light of the recently decided case Van Buren v. LinkedIn sent a C&D letter, asking HiQ to stop accessing and copying the data based on the User Agreement. The controversial HiQ v. LinkedIn , 938 F.3d 3d 985 (9th Cir.

Contracts 40

Contracts Licensing Copying Confidentiality 40

Technology & Marketing Law Blog

MAY 2, 2022

In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. LinkedIn lawsuit started in 2017.

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

Kluwer Copyright Blog

JUNE 20, 2023

The first sale doctrine restricts the rights holder’s exclusive right to distribute a copyrighted work to the public, where the distribution right to control secondary sales is ‘exhausted’ upon completion of the first lawful sale of a copy of the work by the rights holder or with their consent.

Artwork 98

Artwork Contracts Ownership IP 98

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. 2019 WL 13109708 (S.D. Accordingly, the evidence presented by Signal 23 shows that it suffered harm of at least $35,000.00 Serca Discos, Inc.,

Registration 113

Registration Fair Use Copyright Designs 113

Kluwer Copyright Blog

SEPTEMBER 28, 2022

In relation to objects subject to ownership, like tangible items, such an entitlement to revindicate ( rei vindicatio ) is commonly guaranteed as one of the prerogatives of the owner. By contrast, digital data are, as such, not undisputedly considered to be subjectable to ownership rights. Portability as a Consumer Contract Remedy.

IP 93

IP Contracts Social Media Copying 93

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. In 2019, FDA approved a record-breaking ten biosimilars. December 6, 2019. November 15, 2019.

Litigation 52

Litigation Settlement Marketing Marketing 52

43(B)log

AUGUST 5, 2021

Industry pushed very hard against cheap copying, and yet as of 2019 there were only 538 registrations in 20 years versus hundreds of thousands of utility patents. Mala Chatterjee, Understanding Intellectual Property: Expression, Function, and Individuation © and patent differ in breadth and type of rights (copying requirement v.

IP 44

IP Invention Designs Design 44

Intepat

DECEMBER 4, 2023

The share of MSME Gross Value Added ( GVA ) in India’s GDP during the years 2019-20, 2020-21, and 2021-22 was an impressive 30.5%, 27.2%, and 29.2%, respectively. in the years 2019-20, 2020-21, and 2021-22, respectively. These figures underscore the significant impact MSMEs have on the nation’s economic performance.

Patent 52

Patent Ownership Intellectual Property Invention 52

Technology & Marketing Law Blog

JULY 25, 2022

In August 2019, a Starz employee discovered that one of the movies it had licensed ( Bill and Ted’s Excellent Adventure ) was also available on Amazon Prime. OK, that’s a clear breach of contract, but how is it copyright infringement? It’s copyright infringement because an exclusive license is a transfer of copyright ownership.

Blogging 87

Blogging Copyright Licensing Copyright Infringement 87

TorrentFreak

DECEMBER 19, 2023

With help from user-uploaded videos, the company built massive databases of adult entertainment, much to the frustration of incumbent adult industry companies that, in the past , often found pirated copies of their content on MindGeek-operated sites. Instead, Goodporn owner Amrit Kumar fought back hard.

Copyright Infringement 89

Copyright Infringement Copyright Copying Branding 89

IIPRD

JANUARY 18, 2022

It has the ability to be one-of-a-kind and unrepeatable token that cannot be split but may be used to represent real or virtual world things, as well as the token’s own qualities and ownership, all while remaining within a blockchain representation. This endows NFTs with the unique qualities that make them so desirable.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

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

Copyright Lately

MARCH 6, 2023

In 2019, actor Cameron Boyce , star of Disney franchises Jesse and Descendants , died tragically following a sudden epileptic seizure. The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment.

Copyright 80

Copyright Derivative Work Fair Use Social Media 80

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit involves sound recordings of 19 interviews that then-President Trump voluntarily gave to Woodward between December 2019 and August 2020, plus one interview from 2016 (when Trump was still a candidate). Third, is Trump’s claim of ownership barred by 17 U.S.C. Simon & Schuster, Inc. 3:23-cv-02333 (N.D.

Copyright 120

Copyright Blogging Publishing Fair Use 120