Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. Philpot sued in 2020 over the 2016 IJR publication, i.e., after the 3 year statute of limitations that no one seems to care about post-Petrella. ” Market Effect. Nature of the Work.

Fair Use 90

Fair Use Licensing Copyright Marketing 90

IP and Legal Filings

JANUARY 8, 2023

modification, and other forms of copying of the work fall under this category. Through a licensing agreement, they can give consent for other parties to utilize their creations. The Indian Government enacted The Copyright Act of 1957 to protect the rights of artists from getting copied or pirated. Image Sources : Shutterstock].

Copyright 78

Copyright Copyright Infringement Music Copying 78

Velocity of Content

SEPTEMBER 20, 2021

In 2020, digital advertising spending worldwide amounted to US$378 billion — with online platforms Google and Facebook together owning half the market or about $190 billion. For scale, the New York State budget in 2020 was $177 billion. billion – a further 18 percent fall since 2020. So what’s a news publisher to do?

Intellectual Property Law 52

Intellectual Property Law Licensing Television Advertising 52

TorrentFreak

JUNE 14, 2022

In the summer of 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House filed a copyright infringement lawsuit against Internet Archive (IA). In a June 10 letter to Judge John G. As for IA’s “Controlled Digital Lending” concept, the plaintiffs insist that has no basis in law.

Publishing 107

Publishing Fair Use Copying Editing 107

BYU Copyright Blog

SEPTEMBER 12, 2022

This dispute concerned an image shared under a Creative Commons license, which was allegedly used by the law firm Meyer, Suozzi, English & Klein, P.C. the "Plaintiff") in an article it produced without complying with the attribution requirements of the license. Higbee et alWe previously reported on this case here.

Settlement 52

Settlement Licensing Publishing Reporting 52

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 96

Blogging Copying Social Media Copyright 96

Velocity of Content

MARCH 1, 2023

From research to medical communications to legal to marketing, sharing content with colleagues across job roles and departments is critical. Since the last survey in 2020, executive-level preference for collaboration tools has risen 82%. Employees in all job roles are sharing with more and more people.

Copyright 98

Copyright Reporting Copyright Infringement Copying 98

JIPL Online

MARCH 15, 2021

The Conan Doyle estate, heirs to the author of the works about the famed detective Sherlock Holmes, alleged that Netflix infringed on the character Sherlock Holmes in its portrayal of Sherlock Holmes in the 2020 movie “Enola Holmes.” [2] 18] Netflix admitted it had access to and copied the memoir. [19] Netflix knows what it is doing.

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

Velocity of Content

APRIL 12, 2023

The ease with which teams can access and share information, such as news, feature articles, research reports, and more, can influence the pace at which organizations and their teams drive innovation and deliver products and services to the market. 1] so important to note?

Publishing 98

Publishing Reporting Copyright Infringement Copying 98

The IPKat

FEBRUARY 13, 2022

increase in international registration filings compared to 2020! According to WIPO, China's accession means that the Hague System will cover nine of the world's top 10 economic markets. But what happens when it comes to e-books and audiobooks, where copyright owners typically license access to the works rather than selling copies?

Blogging 52

Blogging IP Copying Copyright 52

LexBlog IP

MARCH 7, 2022

Moreover, in 2020, TikTok was forced to enter into a global agreement with the National Music Publishers Association (“NMPA”) in response to NMPA’s allegation that at least half of the music on the application was unlicensed and in direct violation of copyright laws. were copyright related.

Copyright 52

Copyright Social Media Music Copyright Infringement 52

TorrentFreak

DECEMBER 6, 2021

Plaintiffs’ Copyrighted Works must be illegally copied and stored in order to be streamed on a 24/7 channel,” the lawsuit reads. These can be arranged not only by genre but by officially licensed providers including Netflix, Amazon Prime Video, Hulu, and Disney+. ” Illegal Operation, Unfair Competition.

Copyright Infringement 130

Copyright Infringement Licensing Copying Copyright 130

Copyright Lately

SEPTEMBER 26, 2022

That order actually topped my list of the 5 Worst Copyright Decisions of 2020 because, by sending the case to a jury, the court effectively ruled that anyone with a tattoo is not in control of the uses to which his or her likeness is put. Implied License and Fair Use Are the Key Remaining Defenses. There’s a lot at stake.

Fair Use 86

Fair Use Licensing Ownership Copying 86

Kluwer Copyright Blog

MARCH 13, 2024

From this constitutional dimension of copyright emerged the notion of ‘user rights’ ( Geiger, 2020 ). licenses for specific uses). 6(3)), rightholders retain full control over the availability and modalities of licenses for public lending. 6(1), and even exclude certain institutions from the remuneration requirement (art.

Copyright 115

Copyright Art Licensing Contracts 115

SpicyIP

JULY 1, 2021

Printed copies, adaptations or publications with new material would only widen the dissemination of these works. If local publishers are not charged hefty royalties or licensing fees, they can make these books available at cheaper prices and reduce their distribution costs. vii), Balbharati Copyright Policy].

Ownership 133

Ownership Copyright Publishing Government 133

TorrentFreak

AUGUST 14, 2021

In March 2020, with the world gripped by the coronavirus pandemic, the Internet Archive (IA) offered a new service to help displaced learners. In a lawsuit filed June 1, 2020, in a New York court, Hachette Book Group, Inc., The service was not appreciated by book publishers. Publishers Sue IA For Copyright Infringement.

Publishing 145

Publishing Fair Use Copyright Infringement Copyright 145

Intellectual Property Office Blog

JULY 29, 2021

million viewers back in 2020. According to their Terms of Use, the user owns the copyright to the image posted but automatically agrees to license that image to Instagram. This license only ends when the image is deleted from the platform. Read our guide on how to classify trade marks for more information.

IP 85

IP Branding Brands Branding 85

TorrentFreak

AUGUST 21, 2021

After the apparent demise of Area 51 but in advance of the settlement being finalized, it’s alleged that Tusa launched a close copy of Area 51 called SingularityMedia, which scooped up Area 51’s customers. In response, ACE contacted Tusa again and demanded that the new service was shut down. It later disappeared.

Cease and Desist 144

Cease and Desist Settlement Copyright Infringement Copyright 144

IPilogue

OCTOBER 26, 2021

It started out in 2010 when Oracle sued Google for copying the application programming interfaces (APIs) of Java, a programming language developed and licensed by Sun Microsystems and later acquired by Oracle, in Google’s development of the Android operating system. Supreme Court on October 7, 2020. copyright law.

Copyright Infringement 111

Copyright Infringement Copyright Fair Use Settlement 111

JIPL Online

APRIL 9, 2021

x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. 5 of 2020, dated November 16, 2020, regarding ESP in the Private Sector, as amended by MOCI Regulation No. Image source: iStock]. MOCI Regulation No. 10 of 2021, dated May 21, 2021.

Non-Fungible Tokens 89

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 89

The IPKat

OCTOBER 7, 2021

Merpel wonders where we are headed on the FRAND licensing level debate, and who is in the driver's seat? SEP Litigation Demonstrates Licensing Component Suppliers Would Increase Efficiency Some SEP owners have argued against licensing component suppliers under the pretext that it is more efficient to license end users.

Licensing 56

Licensing Litigation Technology Patent 56

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. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. Anthony, 2020 WL 11206863 (N.D.

Registration 113

Registration Fair Use Copyright Designs 113

The TTABlog

JULY 6, 2021

The Board found that Meenaxi deliberately caused consumers to believe that its products were licensed or produced by the same source as the products sold in India. 3d 1298, 2020 U.S.P.Q.2d 2020), cert. Moreover Meenaxi adopted the same tagline, "Taste the Thunder," that Coca-Cola used in India to market the THUMS UP beverage.

Registration 98

Registration Marketing Marketing Branding 98

Technology & Marketing Law Blog

JULY 16, 2021

Robinhood Markets, Inc., Robinhood used Ice Cube’s picture and paraphrase of a line from his song to illustrate an article about market corrections. Mangos Caribbean Restaurant LLC, 2020 WL 10056405 (N.D. On the contrary, they seem easily separable. 2021 WL 2435307 (N.D. June 15, 2021). Employment. Crawford v.

Advertising 110

Advertising Advertising Contracts Social Media 110

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

This article focuses on regulatory and legislative actions in 2020 that may impact the burgeoning biosimilars space in 2021 and beyond. In particular, the authors review FDA’s preparation for the March 23, 2020 transition date, as well as FDA’s efforts to address biosimilar competition, interchangeability, and the COVID-19 pandemic.

Settlement 40

Settlement Licensing Designs Design 40

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 59

Copyright Copying Music Fair Use 59

LexBlog IP

OCTOBER 13, 2021

To ascertain that there have been no such final criminal charges or convictions, these persons must submit to the HCO a certificate from the competent judicial authority attesting to the absence of criminal charges and a copy of their criminal record, verifying that they have never been convicted in such a manner.

Related Rights 98

Related Rights Licensing Law Copyright 98

TorrentFreak

APRIL 28, 2022

“Online piracy is the most challenging copyright enforcement issue in many foreign markets. Within hours, pirate copies were available too, mostly in very high quality, having been ‘ripped’ from these platforms. However, the US government warns that greater connectivity for legal content benefits pirates too.

Cinema 70

Cinema Reporting Music Intellectual Property 70

Technology & Marketing Law Blog

MAY 13, 2024

As I wrote back in December, scraping claims are almost always about unwanted copying and distribution of data. However, scraping generally means “extracting data from a website and copying it into a structured format, allowing for data manipulation or analysis.” citations omitted) X Corp. Bright Data at 21. See hiQ Labs, Inc.

Blogging 97

Blogging Contracts Cease and Desist Social Media 97

BYU Copyright Blog

JULY 12, 2021

Since we last reported on this case (in May of 2020), the Court of Appeals for the Ninth Circuit has issued its opinion on the matter, concluding that ComicMix, LLC ("ComicMix") cannot successfully claim a fair use defense against claims of copyright infringement by Dr. Seuss Enterprises ("Seuss").

Fair Use 40

Fair Use Intellectual Property Copying Copyright 40

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. In today’s market, a distinct brand identity is critical in all company sectors. Build your market reputation. Trademarks. Obtain legal ownership verification.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

IIPRD

JANUARY 23, 2023

It further expanded its domain as a manufacturer by establishing a market for its self-made products such as kindle for e-book services, audiobook and ‘cloud computing’ web storage services. 7] Amazon Patent and Trademark Infringement, Smith & Hopen (2020), [link] (last visited Dec 8, 2022). [8] LEXIS 24421. [7]

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

IP and Legal Filings

JANUARY 29, 2024

Unveiling Merchant Privileges in the Shadows of Craftsmanship Developing nations like India require financial and technical support to market their products internationally and attain the sustainability of GI. It’s interesting to note that the Act restricts the use of GI marks to licensed users exclusively.

Registration 94

Registration Blogging Designs Design 94

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Finally, in October 2020, Facebook nuked the Shared account (and the personal accounts of some of its employees) and blocked Shared’s ads. Facebook appeared first on Technology & Marketing Law Blog. Bonne chance.”).

Contracts 94

Contracts Social Media Advertising Advertising 94

IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Therefore, DCs cannot be freely transacted in the Chinese market.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

DECEMBER 26, 2023

If you’re using an online logo generator, such as the one in Canva, a very popular online program for creating all kinds of visual projects, or Logo.com, you need to look at the license terms of the software. Canva and other logo generators are licensing the use of their product and the generated logos in it to you.

Designs 52

Designs Design Trademark Copyright 52