The IP Law Blog

JANUARY 19, 2023

In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Genius sued Google for breach of contract over music transcriptions.

Copyright 97

Copyright Trademark Fair Use Contracts 97

IP and Legal Filings

APRIL 8, 2023

Cable, Video & Music Piracies The illegal production and sale of videos/movies are referred to as video piracy. Cable Piracy is the illegal transmission of films via a cable network, whereas Music Piracy is the illegal recording and sale of music. However, the industry is still dealing with a slew of legal issues daily.

Privacy 98

Privacy Law Intellectual Property Music 98

The IPKat

SEPTEMBER 24, 2021

is it the actual user of the photograph under a licence arrangement or the licensor or both); the author of a photograph as an artistic work; whether passing off applies to images/photographs; and what to establish to succeed in a claim for passing off relating to image rights. VMNL) or both that person and their licensee (i.e.

Ownership 91

Ownership Artistic Work Contracts Copyright 91

SpicyIP

JANUARY 16, 2022

On Sections 33 and 34, the Court held as follows: “47.The The learned counsel for the plaintiff contended that joining a copyright society is purely optional as is evident from Section 34 of the Act.

Technology 91

Technology Licensing Artistic Work Business 91

IIPRD

FEBRUARY 6, 2024

Introduction The media and entertainment industry is a broad and ever-evolving domain that includes several industries, including music, cinema, television, fashion, and more. In this sector, intellectual property (IP) regulations are essential for defending the rights of inventors, artists, and producers.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

Kashishipr

JULY 14, 2021

Copyright Law protects works underlying original works of authorship, which are fixed in a tangible medium, and therefore, may include literary, dramatic, musical, and artistic works. Copyright and Recipes. It does not protect ideas, facts, products, processes, principles, etc. For more visit: [link].

Intellectual Property 105

Intellectual Property Copyright IP Artistic Work 105

LexBlog IP

JANUARY 19, 2023

In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Next, we have Abitron Austria GmbH v. Hetronic International.

Copyright 52

Copyright Trademark Fair Use Contracts 52

IP and Legal Filings

JUNE 27, 2022

COPYRIGHTS: Term copyright is a bundle of exclusive rights provided to the creator/owner of original works of authorship, which includes literary, dramatic, musical, and artistic works, cinematographic films, and sound recordings. Broad classification of ‘works’ which are protected by copyright are-.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

IPilogue

MARCH 1, 2022

” K: “What I would like to see is institutions and companies actively reaching out to people to clarify consent before reposting artists’ work[s] in their feed , especially seeing as corporate representatives may not even know if the artist wants to be associated with their brand or company. followers.

Social Media 105

Social Media IP Business Branding 105

IP and Legal Filings

NOVEMBER 11, 2022

Once a work is created, in most cases, the creator will automatically enjoy copyright protection in all 164 member countries of the Berne Convention for the Protection of Literary and Artistic Works including all European Union countries and China. Copyright arises on the date the original work is created.

Copyright 52

Copyright Fair Use Registration Ownership 52

IIPRD

JUNE 13, 2024

When artificial technologies are utilized for creating innovations, such as employing evolutionary algorithms for antenna design or engaging IBM Watson to produce music, IPR laws become relevant. AI is doing lots of creative work in the fields of animation, web apps, images, music, designing, and various other things.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

LexBlog IP

SEPTEMBER 15, 2022

They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer. In this case, beyond pure IP issues, the parties disagree over interpretation of Tarantino’s original contract with Miramax, in which he reserved all rights for print publication of the screenplay (including in digital form).

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

IP Whiteboard

JULY 19, 2020

The Code Revision Commission ( Commission ) – the State’s entity composed mostly of legislators who assemble the OCGA – contracted with a division of the LexisNexis Group to draft the annotations under the OCGA. The Act does not state whether judges or legislators can assert copyright protection over their works.

Copyright 52

Copyright Law Government Public Domain 52

Technology & Marketing Law Blog

JUNE 20, 2023

Acuff-Rose Music, Inc. , Thus, exploitation of a derivative work ordinarily requires the permission of both the owner of the copyright in the underlying work and the owner of the copyright in the derivative work. Acuff-Rose Music, Inc. , 569 (1994). The Court held 6-3 that The Nation’s article was not a fair use.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

The IPKat

APRIL 25, 2024

Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.

Contracts 76

Contracts Artistic Work Copyright Copyright Law 76

The IPKat

FEBRUARY 17, 2022

The crucial question is “whether the ‘work’ is basically one of human authorship, with the computer [or other device] merely being an assisting instrument, or whether the traditional elements of authorship in the work (literary, artistic, or musical expression or elements of selection, arrangement, etc.)

Copyright 145

Copyright Artistic Work Copyright Law Contracts 145

IPilogue

NOVEMBER 30, 2021

The sale of an NFT also includes a smart contract. In Canada, an express written assignment is necessary to transfer copyright from an artist to a purchaser. Therefore, the purchaser of an NFT will only receive the underlying copyright when the smart contract accompanying the NFT expresses this.

Non-Fungible Tokens 110

Non-Fungible Tokens Art Moral Rights Copyright Infringement 110

Kluwer Copyright Blog

AUGUST 18, 2024

In practice, the universities have never claimed copyright in the works created by academics during employment (as it could possibly escalate and fuel the next industrial conflict) allowing authors to sign publishing contracts in a personal capacity.

Journalism 69

Journalism Publishing Contracts Copyright 69

Kluwer Copyright Blog

JULY 24, 2024

Since then, large models generating not just text and image but also video, games, music and code, have become a global obsession, touted as set to revolutionise innovation and democratise creativity, against a background of media frenzy. These two points have generated substantial policy and academic discussion.

Copyright 135

Copyright Ownership Social Media Licensing 135

IP and Legal Filings

MAY 3, 2023

The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.” Yet the Act does not define what “original” clearly means. In law, the quality of an idea’s expression is given more weight.

Copyright 98

Copyright Public Domain Copying Publishing 98

IP and Legal Filings

MARCH 29, 2022

The Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886 both acknowledged the significance of the intellectual property. The World Intellectual Property Organization administers both accords (WIPO).”. Image Source: gettyimage].

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

IPilogue

SEPTEMBER 23, 2021

1)(b) to presume ownership in the plaintiff, he being the “author” of the “work” ( Choko, QCCS at [55]). The defendant lost at trial and on appeal because he failed to prove the contrary, i.e., that he employed the plaintiff under a contract of employment ( Choko , QCCA at [13]). The court applied s. The relevant part of s. 5 reads:

Ownership 92

Ownership Copyright Intellectual Property Designs 92

43(B)log

OCTOBER 4, 2021

30, 2021) Plaintiff Daniel Abrahams formerly contracted with a publisher to author a series related to the Fair Labor Standards Act. Question: is a political newsletter really artistic? Of course, there are lots of expressive works that are purely commercial, like standard advertising. Example from recent case: Abrahams v.

IP 94

IP Trademark Advertising Advertising 94