Intellectual Property Law Blog

DECEMBER 18, 2023

In this case, the Federal Circuit determined the sufficiency of evidence to rebut a nexus between objective evidence and non-obviousness; and to establish the objective indicia of copying. Direct evidence of copying is not necessary to establish copying. The Board’s finding of copying is supported by substantial evidence.

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SpicyIP

JANUARY 31, 2025

The Centre for Intellectual Property Research and Advocacy [CIPRA] of Symbiosis Law School, Hyderabad is organizing its first blog writing competition in collaboration with us on the theme of Literature, Journalism and IP. The top two entries will be awarded with some cash prizes and also with a chance to be published on the blog!

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Technology & Marketing Law Blog

JANUARY 18, 2025

.” Amount taken: “Townsquare copied the entire Jordan video. Lynk Media is positioning itself for many appearances on this blog. The post Copyright Owners Are Still Suing Over Embedding appeared first on Technology & Marketing Law Blog.

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Copyright Social Media Licensing Fair Use 96

Technology & Marketing Law Blog

JUNE 17, 2023

Users retain ownership of content they upload to GitHub, but grant GitHub: the “right to store, archive, parse, and display [the content], and make incidental copies, as necessary to provide the Service, including improving the Service over time.” GitHub (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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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.

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Traverse Legal Blog

NOVEMBER 25, 2024

Preventing Accidental Infringement: Respect Copyright: Avoid copying others’ work without permission. However, courts may reduce damages if you can prove: Unawareness: You were unaware of the infringement and had no reason to suspect it. Prompt Removal: You promptly removed the infringing material after receiving notice.

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Kluwer Copyright Blog

MARCH 19, 2025

In ACI Adam , the CJEU introduced lawfulness as a prerequisite for the enjoyment of the private copy exception, when affirming that the benefit of the private copy exception concerns only reproductions made from a lawful source. This line of reasoning was also adopted in the subsequent V ereniging Openbare Bibliotheken v.

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Plagiarism Today

MAY 18, 2022

These articles come from a variety of sources including publishing blogs , sites that help those that run churches and even sites that help photographers enforce their images. A variety of services work to find copied images , and many engage in speculative invoicing and litigation as part of their strategy.

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Plagiarism Today

JUNE 27, 2022

According to an article published on Reason , roughly six sentences of his 2000 dissertation at Cornell University contained text that was either copied directly or near-verbatim from outside sources that were not cited in the paper. . Furthermore, the author of both the Reason article and the blog post is Philip Magness.

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Technology & Marketing Law Blog

DECEMBER 11, 2023

As the new threshold test for application of Rogers , courts can’t simply assume trademark use based on the close copying of the plaintiff’s goods. The post Hot Take on the Wavy Baby Decision (Guest Blog Post) appeared first on Technology & Marketing Law Blog. They would be hard-pressed to be less careful.

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Kluwer Copyright Blog

MARCH 11, 2025

Traditionally, the purchase of the tangible copy of a work afforded the buyer or every lawful acquirer of the tangible copy the possibility to enjoy the work as long as the physical object incorporating the work exists. However, the shift from a market of goods to a market of services has changed this paradigm.

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Plagiarism Today

JULY 27, 2021

The composer of Towering Catastrophe , Nakamura Kojo, took to his personal blog and addressed the issue. He said he doesn’t mind the similarities between the two songs and believes the similarities to be coincidental. Looking at the first case, if it were being tried in the United States, Konami would have a large challenge ahead of it.

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Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

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Copying Copyright Law Copyright Social Media 105

Technology & Marketing Law Blog

APRIL 7, 2025

Robinson alleges that Binello uploaded Robinson’s recording of Maple Leaf Rag for use in MeepCity without Robinson’s knowledge or permission and that Roblox employees reviewed and approved the uploaded audio file, created a copy, assigned it a unique asset ID, and stored the copy on the Roblox server. Implications.

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Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. A copyright is a right against the world.

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Blogging Copyright Contracts Cease and Desist 98

SpicyIP

FEBRUARY 17, 2025

Akshat Agrawal is a Senior Associate at Saikrishna and Associates and has previously written on the blog here. Thomson Reuters argued that Legal Ease’s questions, incorporated by Ross in machine-readable form, essentially copied its creative headnotes. [ This post is authored by Akshat Agrawal and Sneha Jain. Long post ahead. ]

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Copying Fair Use Copyright Copyright Law 69

Michael Geist

DECEMBER 3, 2024

The filing literally says “ the full particulars of when, from where, and exactly how, the Works were accessed, scraped, and/or copied is within the knowledge of OpenAI and not the News Media Companies.” In fact, blogging platforms such as Blogspot and WordPress were also each more used than all Canadian media companies combined.

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Settlement Copyright Licensing Copyright Infringement 113

Technology & Marketing Law Blog

JULY 18, 2023

Genius planted tiny mistakes in some of the lyrics it posted, and once those appeared in Google’s information boxes, it argued that Google copied lyrics from Genius. Genius’s “browsewrap,” however, prohibits copying for commercial use, and Genius sued Google for breach of contract.

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Blogging Contracts Copyright Law Copyright 98

Hugh Stephens Blog

JANUARY 7, 2024

Image: Shutterstock There has been lots of ink spilled over the issue of Artificial Intelligence (AI) developers free riding on the backs of creators by copying and ingesting their content without permission to produce AI “created” content, output that sometimes competes directly in the market with the original work.

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Intepat

NOVEMBER 19, 2024

Make copies. For example: Reprinting or Quoting: To include parts of a book in a blog, brochure, or other material, you’ll need a license. Selling Copies: If you want to publish or sell copies of the book, royalties or licensing fees may apply. However: Avoid copying large sections. Distribute or lend the book.

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Business Public Domain Copyright Fair Use 52

Intellectual Property Law Blog

APRIL 12, 2023

HathiTrust (which had similar facts as Google ), noting that in both cases the scanning created a searchable database but did not output a copy of the books. However, the output of the GAI is a new image (albeit typically not a copy of the scanned image(s)). The court distinguished the Google Books case and Authors Guild, Inc.

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Hugh Stephens Blog

FEBRUARY 8, 2022

On January 1, 2022, a new law entered into force in the state of Maryland requiring that authors and publishers holding the rights to an e-book title must offer unlimited copies of that title to public libraries in the state at an undetermined “reasonable price” if and when the title is offered to individual consumers.

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Hugh Stephens Blog

AUGUST 3, 2021

On July 30 the Supreme Court of Canada (SCC) delivered what can only be described as body blow to the management of collective rights in Canada, although the collective society at the centre of the action, Access Copyright, pointed out in its press release that the Court “refuses to legitimize uncompensated copying by the education … Continue (..)

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Licensing Copying Copyright 246

Hugh Stephens Blog

JUNE 20, 2023

district court ruled that San Francisco–based non-profit Internet Archive (IA) infringed the copyright of four international publishing houses when it loaned unlicensed digital copies of … Continue reading "Implications of the U.S. Earlier this year, a U.S. Controlled Digital Lending Decision in Canada Remain Unclear"

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Copying Publishing Copyright 246

Technology & Marketing Law Blog

AUGUST 19, 2024

The Eleventh Circuit agrees, quietly dismissing the case in an unpublished opinion. * * * The short opinion addresses the copying-in-fact element, sidestepping the possibly more interesting copyrightability, wrongful copying, and fair use questions. Cattelan appeared first on Technology & Marketing Law Blog.

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Copyright Fair Use Copying Blogging 122

Plagiarism Today

AUGUST 24, 2022

Back in 2009, Amazon launched a Kindle service for blogs that made it easy for anyone to sell any blog’s content. . All it has to do is use readily available plagiarism detection tools to detect works that contain a large volume of clearly copied text. Amazon’s Ongoing Plagiarism and Copyright Problem.

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Plagiarism Publishing Copying Blogging 290

Plagiarism Today

OCTOBER 25, 2021

Between blogs, social media, forums, YouTube and a million other sites, one doesn’t have to be in a writing profession to be a widely read author. Turnitin launched in the year 2000 , Between search engines and ready-made copy detection tools, spotting plagiarism became much faster and easier than ever before. Google launched in 1998.

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Plagiarism Today

APRIL 7, 2022

Copyright Office, “Online content is considered published if the copyright owner authorizes the end user to retain copies of the content or further distribute the content.”. Their pages contained a pair of copyright notices that read, “Nothing on this page may be copied or reproduced without explicit permission.” According to the U.S.

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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.

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Blogging Copying Social Media Copyright 98

Intellectual Property Law Blog

JANUARY 11, 2023

In analogizing semiconductor chips to traditional areas of copyright law, the legislative history notes that, just as a plagiarist who copies only one chapter of a book may be held liable for infringement, a person may be liable for copying a part of a mask work if it is a qualitatively important portion that results in substantial similarity.

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Technology & Marketing Law Blog

DECEMBER 27, 2021

The application of this principle to this case is easy: the elements that Defendants allegedly copied from Coscarelli’s cookbooks are primarily lists of ingredients and directions for combining them. Some Related Blog Posts. Smashburger (Guest Blog Post). Esquared appeared first on Technology & Marketing Law Blog.

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Copyright Social Media Copying Blogging 144

Technology & Marketing Law Blog

MARCH 29, 2023

Prutton admitted to copying and said that his adult daughter had helped him with his website. (A Therefore, there is a market available for this Work, which Prutton evaded by copying and displaying the Work on his website without permission. Screengrabs from October 29, 2019 from the Wayback Machine. Oppenheimer sent him a letter.

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Intellectual Property Law Blog

NOVEMBER 22, 2021

The PPH request must be accompanied by: (1) copies of OEE work products (or latest work products of a PCT application in international phase); (2) a copy of claims determined to be patentable by the OEE; and (3) copies of non-patent documents cited in the OEE work products. European Union.

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Intellectual Property Law Blog

DECEMBER 20, 2021

If the above requirements are met, applicants can file a PPH request with the IPA. If the above requirements are met, applicants can file a PPH request with the CIPO. If the above requirements are met, applicants can file a PPH request with the KIPO. If the above requirements are met, applicants can file a PPH request with the JPO.

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SpicyIP

FEBRUARY 3, 2025

Submitted posts will need to be reviewed and approved by the SpicyIP team to ensure it meets the quality standards of the blog, prior to publication. A copy of their latest curriculum vitae. Fellows are also encouraged to publicly present or publish their writings or findings in other venues where possible.

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Technology & Marketing Law Blog

FEBRUARY 17, 2022

According to the complaint, when Apple learned of the app, it liked the idea—so much so, in fact, that it copied it. These screenshots (from the complaint) show the alleged copying: I trust the differences are immediately apparent. In my prior blog post, I wrote: this lawsuit could be an example of emoji trolling.

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Likelihood of Confusion

JUNE 12, 2024

Republished by Blog Post Promoter Originally posted March 21, 2016. Says Pamela Chestek, of the Property, intangible® blog: I haven’t written about “zombie” or “heritage” marks in a long time. Originally posted 2016-12-20 14:56:14. So when she does, we don’t want to miss it! Here’s the story.

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