The IPKat

DECEMBER 16, 2021

Today, we begin with developments in the copyright field. CPL Industries Limited , dismissed an appeal from the High Court in a copyright infringement, trademark infringement and passing-off suit between two pharmaceutical companies. In January , the Court of Appeal in Nigeria in Morison Industries Plc V.

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Copyright IP Ownership Copyright Infringement 89

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.

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Non-Fungible Tokens IP Ownership Contracts 98

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. The fair use doctrine (the basis of AWF’s copyright infringement defense) allows use of a copyrighted work by persons other than the author for “purposes such as criticism, comment, news reporting, teaching.,

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Licensing Fair Use Copyright Derivative Work 52

Corsearch

AUGUST 14, 2023

Counterfeiting is one form of trademark infringement, where exact copies of registered trademarks are used to deceive customers and pass off as your brand. Copyright infringement Copyrights are granted to authors and creators of written and multimedia works, such as books, movies, music, photographs, video games, and artwork.

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Branding Brands Branding Intellectual Property 52

LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

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Fair Use Art Licensing Copyright Infringement 52

IIPRD

FEBRUARY 6, 2024

While trademarks protect movie titles, important characters, and other film components, copyright protects content from infringement and recognizes the rights of authors. But as the sector grows, so does the problem of intellectual property rights infringement, cybercrimes, copyright infringement , and trademark infringement.

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Intellectual Property Cease and Desist Copyright Law Music 52

43(B)log

JULY 20, 2022

Chiusa also has a registration for a brochure, stating that he created “text, photograph(s), [and] artwork on p.1” There’s a similar copyright registration for this site. This text contained “some creative elements that are plausibly entitled to protection, such that outright copying would be prohibited.” 1” therein.

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False Advertising Ownership Registration Designs 70

IP Tech Blog

JANUARY 4, 2023

Given that the Chinese government prohibits the transaction of virtual currencies, the Chinese market and users had to change this translation to avoid referring to crypto currencies as that could make NFTs illegal. There are two cases that could help NFT owners better understand how to protect their property under copyrights.

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IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

MAY 19, 2023

Goldsmith was whether or not Warhol’s use of Goldsmith’s photograph as a reference and departure point for the creation of an image of Prince constituted fair use or copyright infringement under U.S. copyright law. At issue before the Supreme Court in Andy Warhol Foundation for the Visual Arts Inc.

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Fair Use Derivative Work Copyright Law Art 52

IIPRD

JUNE 29, 2022

Design Rights: By registering their product designs, they can prevent third parties from copying the original and new, aesthetic, or ornamental components of their creations. Copyright: France, the brand’s home country, allows for copyright protection for footwear and fashion items.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

LexBlog IP

JANUARY 4, 2023

Given that the Chinese government prohibits the transaction of virtual currencies, the Chinese market and users had to change this translation to avoid referring to crypto currencies as that could make NFTs illegal. There are two cases that could help NFT owners better understand how to protect their property under copyrights.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

LexBlog IP

MAY 19, 2023

This decision underscores the significance of the commercialization of derivative works in copyright infringement disputes. This case emphasizes the importance of understanding the terms of licensing agreements and their legal implications in the context of copyright law, particularly when derivative works are involved.

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Fair Use Art Licensing Derivative Work 52

TorrentFreak

FEBRUARY 10, 2023

DMCA subpoenas compel service providers, such as Discord, Twitter or Reddit, to hand over information they hold on users identified by rightsholders as copyright infringers. A full-blown copyright infringement lawsuit is one possibility, but the company may use the information to end or mitigate future infringement instead.

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Copying Artwork Publishing Copyright Infringement 83

Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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Fair Use Licensing Cease and Desist Derivative Work 130

IP and Legal Filings

JANUARY 23, 2023

Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. Image Sources : Gettyimages] One of the important issues in online is copyrights.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 81

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. In summary, parody, pastiche, and caricature all rely on imitation and copying as a means of generating new expressions.

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Copyright Law Art Copyright Law 84

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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Copyright Copyright Law Fair Use Law 136

Kluwer Copyright Blog

JULY 16, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus.

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Blogging Law IP Fair Use 52

LexBlog IP

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

JULY 5, 2022

Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. The term of a copyright for a particular work may depends on certain factors such as whether it has been published, and, if so, the date of first publication. [2]

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Above the Fold

JULY 5, 2022

Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. Scenario 1: Protecting the Work by Copyright. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

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Intellectual Property Design Patent Designs Design 40

IP Whiteboard

JUNE 7, 2021

NFTs have a variety of uses which extend far beyond digital artwork. You then upload a copy of the digital work that you want to represent in NFT-form to the NFT marketplace, pay a transaction fee and click ‘create’. million USD sale of his “Warrior” painting, which became the most expensive Western artwork sold in Asia.

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Non-Fungible Tokens IP Cease and Desist Ownership 40

IIPRD

JANUARY 18, 2022

Copyright infringement arises when reproduction right is infringed (i.e. the restriction against reproducing or copying copyright works) or communication right is infringed. the restriction against communicating copyright works to a new public not originally envisaged by the copyright owner).

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Non-Fungible Tokens Intellectual Property Ownership Branding 40