The IPKat

DECEMBER 16, 2021

The photographs were taken at a shoot organised by Orisun TV, owned by Virtual Media Network (“VMN”), who subsequently licensed the photographs to NTA-Star. At the High Court, it was held that by consenting to her photographs being taken by VMN, VMN owned the copyright in the photographs, and they had the right to license it to NTA-Star.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

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 claims his standard photo licensing fee is $3,500, but reuses of the photo from Wikipedia Commons didn’t require any payment (just attribution). ” Market Effect.

Fair Use 90

Fair Use Licensing Copyright Marketing 90

TorrentFreak

JULY 14, 2024

The organization’s religious instruction program, marketed as LifeWise Academy, has a curriculum which outlines the religious instruction children receive. He also improperly obtained and posted a digital copy of the entire LifeWise Curriculum.” is the author, not LifeWise, Inc., the plaintiff in this case.

Copyright 107

Copyright Licensing Fair Use Derivative Work 107

Technology & Marketing Law Blog

AUGUST 31, 2021

” Factor four : The court acknowledges that a market exists for plaintiff’s photos, but the transformative nature of defendant’s use “mutes” the degree of market substitution. Factor three : The entirety of the work was copied. McGucken is appealing the ruling against him. He has a reasonable chance of success on appeal.

Fair Use 131

Fair Use Journalism Licensing Marketing 131

IPilogue

OCTOBER 12, 2022

Netflix also holds the position that Barlow and Bear “ copied liberally and nearly identically ” the elements of expression, dialogue, characters, and key plot points from Bridgerton. Netflix alleges Barlow and Bear have benefited from their album’s false association with the Bridgerton brand.

Intellectual Property 105

Intellectual Property Social Media Fair Use Music 105

TorrentFreak

JULY 23, 2022

On the flipside, that business model effectively bypasses an entire industry built on the provision of licensed content, stability, investment, and associated employment opportunities. But with no licensed content available, it’s now a race to the bottom. ” The End.

Cinema 144

Cinema Copying Licensing Government 144

Plagiarism Today

DECEMBER 1, 2021

” This drew the attention of Ian Boudreau, the senior writer at PCGamesN, who responded with this: In other news, plagiarism is way faster than original writing, and much easier — Ian Boudreau (@iboudreau) November 29, 2021. pic.twitter.com/Fn6i9sqPpe — Ian Boudreau (@iboudreau) November 30, 2021. Why Bother?

Plagiarism 245

Plagiarism Derivative Work Copying Licensing 245

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

Patently-O

MARCH 31, 2024

In addition to rebutting this direct evidence, the patentee is also permitted to present additional objective indicia of nonobviousness such as commercial success, long-felt but unsolved needs, failure of others, copying, unexpected results, praise by others, and licensing. 2021) (summary judgment). Inline Plastics Corp.

Invention 57

Invention Copying Licensing Art 57

Kluwer Copyright Blog

MARCH 13, 2024

licenses for specific uses). Rightholders can, for example, choose whether to license an e-book or an e-journal to a library, or whether to provide licenses to educational establishment to play music and audio-visual works for educational purposes. 6(4) InfoSoc Directive and those shielded from contractual override under art.

Copyright 115

Copyright Art Licensing Contracts 115

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

TorrentFreak

MAY 13, 2023

The major threat in today’s market has been growing for many years, mainly because it’s so quick and easy. Y2mate took similar action in 2021 , possibly due to music industry legal pressure but nothing was confirmed officially in public. What is Stream-Ripping and How Does it Work?

Music 131

Music Branding Brands Branding 131

Intepat

MAY 24, 2024

Advantages of Patents: Exclusive Rights: In India, the patent holder enjoys various privileges, including the rights to exploit, grant licenses, and assign their patents, allowing others to manufacture and sell the patented items. To qualify for a patent, an invention must be novel, non-obvious, and useful.

Patent 52

Patent Intellectual Property Confidentiality Invention 52

LexBlog IP

FEBRUARY 28, 2022

2] Since we last discussed that decision on this blog in June 2021, [3] the Second Circuit reconsidered it following a subsequent landmark Supreme Court decision addressing fair use ( Google LLC v. On March 26, 2021, the Second Circuit issued an opinion reversing the district court’s decision. He did just that.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Technology & Marketing Law Blog

SEPTEMBER 18, 2021

.” Perhaps the plaintiffs were concerned that Instagram has insufficient “volition” for the copies made by its servers; or perhaps Instagram can claim the 512 safe harbor for any embedded user-uploaded files (but the 512 safe harbor also applies to contributory infringement, so this theory isn’t very plausible).

Copyright 118

Copyright Copyright Infringement Social Media Licensing 118

IP Intelligence

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. Andy Warhol Foundation for Visual Arts, Inc. Goldsmith , 11 F.4th

Fair Use 105

Fair Use Licensing Art Music 105

The IPKat

JANUARY 13, 2022

By using asymmetric cryptography it is secured that only the owner can transfer the access rights and that the access rights cannot be copied.) This could then be used for more efficient IP management (licensing, ecommerce, tracking and tracing) because, being entirely paperless, it allows "real-time" registration. a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

The IPKat

FEBRUARY 13, 2022

In 2021, there was a 14.4% 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? COPYRIGHT In the U.S.,

Blogging 52

Blogging IP Copying Copyright 52

IPilogue

SEPTEMBER 29, 2021

On March 26, 2021, the 2nd Circuit Court of Appeals in New York found that the famed artist Andy Warhol violated photographer Lynn Goldsmith’s copyright by using her photo of the singer Prince to create his “Prince Series.” The series was originally commissioned by Vanity Fair after it bought the license of the photo portrait from Goldsmith.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

TorrentFreak

DECEMBER 8, 2022

After gaining serious momentum over the past seven years, the pirate IPTV phenomenon is now a major challenge for the entire audiovisual entertainment market. While at times unpredictable, pirate subscriptions are now viewed as a credible market alternative. And when cost enters the equation, there can only be one winner.

Reporting 124

Reporting Copyright Infringement Marketing Marketing 124

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

Fish attorneys Jenny Shmuel , Philip Chen , and Kayleigh McGlynn authored a Biosimilar Development article, “ Regulatory And Legislative Actions Set The Tone For Biosimilars In 2021.” This article focuses on regulatory and legislative actions in 2020 that may impact the burgeoning biosimilars space in 2021 and beyond.

Settlement 40

Settlement Licensing Designs Design 40

TorrentFreak

JUNE 21, 2022

For many years Japanese manga companies had a tendency to ignore the majority of overseas markets, despite the potential for lucrative trade. Manga pirates often take credit for what amounted to a highly successful unpaid marketing project but having seen the potential, manga publishers understandably want this market for themselves.

Publishing 138

Publishing Marketing Marketing Free Content 138

TorrentFreak

DECEMBER 15, 2023

Does 1-10 are described as the infringing IPTV service’s operators, who knowingly and unlawfully transmit, and publicly perform in the United States, TV channels for which DISH holds or held an exclusive license. “Rays markets and brands the Infringing Service as, alternatively, Glo TV, Rays IPTV, and Rays TV.

Cease and Desist 79

Cease and Desist Copyright Infringement Branding Brands 79

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

IPilogue

OCTOBER 18, 2022

After a test copy of New Genesis was leaked online, WOTC took issue with development company TSR LLC’s use of their IP rights in the game. This motion represents the latest development in the greater claim and counterclaim between the two companies which was initiated in December 2021. .

Trademark 101

Trademark Trademark Law Intellectual Property Law Publishing 101

LexBlog IP

MARCH 7, 2022

In fact, some statistics have shown that, in 2021, TikTok overtook Google as the year’s most popular domain. ” Additionally, despite the platform’s proclamation that it will take down videos containing copyright infringing videos, of the 81 million videos TikTok removed in the second quarter of 2021, fewer than 0.5%

Copyright 52

Copyright Social Media Music Copyright Infringement 52

LexBlog IP

JULY 7, 2023

Supreme Court affirmed the Second Circuit Court of Appeals’ holding that the Andy Warhol Foundation’s licensing of Warhol’s Orange Prince , a print based on a photograph of the late musician by defendant Lynn Goldsmith, did not constitute fair use of the Goldsmith photograph. [3] 2] A week later, the U.S. 3] Graham v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 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. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. 2021 WL 5893161 (S.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. 2021 U.S.P.Q.2d 2021) [precedential] (Opinion by Judge Cynthia C. The Coca-Cola Company v. Meenaxi Enterprise, Inc. 2d 709 (T.T.A.B. Corcamore, LLC v. 2020), cert.

Registration 98

Registration Marketing Marketing Branding 98

IIPRD

APRIL 2, 2024

vi] This is where governments use ‘compulsory licensing’ to ensure access to affordable drugs in public health emergencies and foster innovation, where patents and monopolies gained through it has prevailed. Studies have established a correlation between TRIPS-plus provisions and increased drug prices in importing nations. 6, 2024). [ii]

Intellectual Property 105

Intellectual Property Branding Brands Branding 105

SpicyIP

SEPTEMBER 6, 2021

& Anr passed an interim injunction in favour of the plaintiff restraining the defendants and its associates from using in any manner the trademark RAJDHANI or any other trademark which is deceptively similar to the trademark of the plaintiff [September 1, 2021]. . & Delhi High Court entrance. Rajdhani Masala Co. &

Designs 90

Designs Design Inventor Trademark 90

43(B)log

OCTOBER 5, 2021

TruPharma, LLC, 2021 WL 4316750, No. 8, 2021) When a false advertising case starts this way, you can guess how it will end: “Market competition is good. Competitors are free to copy successful products as long as they do not steal, lie, or mislead.” I find it implausible that trained, licensed pharmacists are fooled.

False Advertising 45

False Advertising Advertising Advertising Copying 45

IPilogue

OCTOBER 26, 2021

The decade-long dispute between Google and Oracle over computer code’s copyrightability finally came to an end on April 5, 2021. percent of the total Java source code, and it does not diminish Java’s marketability since Android is used in different platforms (i.e., In addition, Breyer J. ruled that Google’s use is “minimal,” about 0.4

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

Kluwer Copyright Blog

JANUARY 4, 2024

CJEU judgments Seven.One, CJEU, C-260/22 Coming from Germany, this preliminary reference concerned broadcasting organisations and their entitlement to fair compensation as a result of private copying. You can read a first take on the copyright relevant provisions here.

Copyright Law 66

Copyright Law Law Copyright Reporting 66

BYU Copyright Blog

JANUARY 8, 2024

Cases Update BYU Copyright Licensing Office,YouTube,Creative Commons January 08, 03:50 PM January 08, 03:50 PM Marenem v. However, Springdale clarified that they removed the videos from YouTube on August 12, 2021, and denied that the videos could bring financial harm to Marenem during the time they remained available.

Settlement 40

Settlement Publishing Copyright Copyright Infringement 40

IP and Legal Filings

APRIL 8, 2023

Image Sources : Shutterstock] Protection Under Copyright Act, Licensing & Contractual Issues for the Celebrities A celebrity is a well-known person. Copyright And Licensing Questions India’s film industry produces the most films in the world, with a national and international audiences. ISSN:1583-6258, Vol.

Privacy 78

Privacy Law Intellectual Property Music 78