IP and Legal Filings

FEBRUARY 15, 2023

Copyright And Copyright Law Copyright is one of the crucial parts of Intellectual Property Rights which helps the owner of any creative work to have a legal right over the possession of such work or art. Such work may include any literary or artistic work such as books, articles, films, databases, computer programs etc.

Copyright Law 98

Copyright Law Copyright Law Social Media 98

IP and Legal Filings

OCTOBER 12, 2023

We are aware that copyright is given to the original creator of a literary or artistic work and that recipes are just personalised interpretations of existing ideas, which suggests that it is common knowledge, hence it lacks the first requisite i.e. originality to be eligible for protection under copyright. 2022, November 30).

Copyright 98

Copyright Intellectual Property Ownership Fair Use 98

Velocity of Content

JUNE 8, 2022

As a consequence, until Disney’s animated feature of 1953, there were no sequels, adaptations, or other derivative works, with the sole exception of a (silent) film adaptation made of the play in 1924 , released while Barrie was still alive and apparently with his cooperation. This material is later construed as Peter’s “origin story.”

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

Kluwer Copyright Blog

JULY 24, 2024

The results of these disputes are likely to take years to work through and may have very different outcomes in different jurisdictions given the very wide scope of fair use in the US compared to (inter alia) the EU. Did model providers undertake content moderation (e.g. Question 1 gave inconsequential results re inputs.

Copyright 135

Copyright Ownership Social Media Licensing 135

Kluwer Copyright Blog

MARCH 1, 2023

In the United States, the doctrine of fair use has been held to permit parody in uses ranging from rap music to children’s books. These fair use rights, the courts have said, have their roots in the U.S. copyright law, under the doctrine of fair use.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

LexBlog IP

JANUARY 19, 2023

In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. Hetronic International.

Copyright 52

Copyright Trademark Fair Use Contracts 52

Velocity of Content

JUNE 15, 2023

“If an original work and a secondary use share the same or highly similar purposes, and the secondary use is of a commercial nature, the first factor is likely to weigh against fair use, absent some other justification for copying.” Fair use is always extremely fact dependent.

Fair Use 52

Fair Use Licensing Artistic Work Copyright 52

LexBlog IP

JUNE 5, 2023

Warhol and his Foundation’s claim of fair use lost. The case began after Prince died in 2016, when Vanity Fair magazine’s parent company, Condé Nast, published a special commemorative magazine celebrating his life. ” The license provided that the use would be for “one time” only. .”

Fair Use 52

Fair Use Derivative Work Art Licensing 52

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

LexBlog IP

JUNE 16, 2023

Jack Daniels argued the look-alike dog toy could confuse consumers and that its reference to “the Old No. With regard to dilution, the Ninth Circuit held that VIP was protected by the fair use exception for noncommercial uses. Grimaldi test was too permissive of “expressive works” that cause confusion.

Fair Use 52

Fair Use Cease and Desist Trademark Design 52

LexBlog IP

JUNE 16, 2023

Jack Daniels argued the look-alike dog toy could confuse consumers and that its reference to “the Old No. With regard to dilution, the Ninth Circuit held that VIP was protected by the fair use exception for noncommercial uses. Grimaldi test was too permissive of “expressive works” that cause confusion.

Fair Use 52

Fair Use Cease and Desist Trademark Design 52

IIPRD

AUGUST 11, 2023

There is no question of fair use as although it is not commercially beneficial but it is neither limited to private use. This makes it difficult for the creator to control the dissemination of their works. For content piracy, Takeshobo Inc., Without the knowledge of infringement, the creators will be impaired.

Art 52

Art IP Intellectual Property Copyright 52

IIPRD

APRIL 8, 2024

Accusations of copyright infringement have come up in recent times by creators, however the way generators like stable diffusion function, they transform these images to an extent where they appear to be a new creation, such nature and the application of the fair use doctrine appears to be an alternate legal argument for these apps.

Art 52

Art Artwork Intellectual Property Copyright Law 52

Patently-O

OCTOBER 11, 2022

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. by Dennis Crouch. Goldsmith , Docket No. 21-869 (2022). 569 (1994).

Fair Use 134

Fair Use Copyright Derivative Work Art 134

43(B)log

FEBRUARY 19, 2022

Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es Thus, it may not even be descriptive fair use to use the name of the religion from which the dissenters have parted.

Trademark Law 72

Trademark Law Trademark Art Brands 72

LexBlog IP

FEBRUARY 1, 2023

VIP Products, on the other hand, argued that their toy was protected under the doctrine of “fair use” as it was being used in a non-trademark sense, and that it was not likely to cause confusion among consumers. Rogers , 875 F.2d ” Id. ” Id. In VIP Products v. Jack Daniels Products , 953 F.3d

Trademark 52

Trademark Intellectual Property Brands Branding 52

Velocity of Content

NOVEMBER 25, 2024

2 In the former case, the court moved from an apparent position of significant skepticism at oral argument to an affirmation of fair use for the sale of home video recording devices (VCRs) as a dual-use technology capable of both infringing and substantial non-infringing uses.

Copyright 52

Copyright Derivative Work Intellectual Property Copying 52

Technology & Marketing Law Blog

JUNE 21, 2023

It is clear after Jack Daniel’s that Rogers ’ threshold test for infringement liability cannot apply to a “‘ quintessential trademark use ’ like confusing appropriation of the names of political parties or brand logos.” In addition, in the Ninth Circuit, the doctrines of nominative fair use (discussed in Toyota v.

Trademark 105

Trademark Blogging Trademark Law Fair Use 105

SpicyIP

OCTOBER 1, 2023

Before bestowal, courts need to think, in appropriate cases, of rights of third parties, fair use covering mime, research/educational advancement, criticism and the like. A postcard can be taken either as a literary work or an artistic work under sections 2(c) and 2(o) respectively of the Copyright Act, 1957.

Personality Rights 111

Personality Rights Non-Fungible Tokens Copyright Social Media 111