Technology & Marketing Law Blog

MAY 30, 2022

While common law trademark rights can and often do support federal infringement claims, an infringement plaintiff must show ownership of a valid mark as a threshold requirement for the cause of action. It confirms both ownership of valid copyrights and copying by the defendants of original constituent elements of the works.

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Blogging Social Media Television Fair Use 111

Kluwer Copyright Blog

JANUARY 5, 2023

It is a common practice to make copies of deteriorating or far away cultural heritage. As of 2022, it is not even a new idea to use digital methods to copy heritage, considering that the mass digitisation of cultural heritage, especially books, started more than two decades ago. Photo by awsloley via Pixabay.

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Copying Copyright Ownership Intellectual Property 72

Technology & Marketing Law Blog

FEBRUARY 13, 2025

Second, how is DistroKid supposed to sort through the ownership and license rights here? The court sides with DistroKid: volitional conduct is not shown merely by alleging that a system copied, reformatted, or distributed copyrighted material, even if the system’s functions can be broken down into three separate events.

Copyright Infringement 52

Copyright Infringement Copyright Licensing Copying 52

Intepat

FEBRUARY 19, 2025

This doctrine is mainly pertinent to the physical copies of copyrighted works, such as books, CDs, and DVDs. Digital content can easily be copied which raises the question of whether this doctrine ought to apply to digital works as well. However, the applicability of this doctrine in the digital era is still a matter of contention.

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Copyright Copying Licensing Ownership 52

Technology & Marketing Law Blog

MAY 15, 2024

In my blog post on the case , I praised the decision and predicted “that the Supreme Court will eventually grant a petition … and render a definitive decision regarding the discovery rule.” One Music Specialist work (“Jam the Box”) was interpolated into Flo Rida’s hit song “In the Ayer,” which sold millions of copies and reached No.

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Music Blogging Copyright Ownership 105

Technology & Marketing Law Blog

AUGUST 16, 2023

This paradigm, however, breaks down when copyright ownership is contested. In that circumstance, the takedown notice becomes a proxy battle for a larger and likely fact-dependent war over ownership, which the service in the middle isn’t in a good position to resolve. The hosting service honored the takedown notice.

Ownership 75

Ownership Cease and Desist Fair Use Copyright 75

Intellectual Property Law Blog

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. The deposit can be either a physical copy of the mask work or a digital copy in a format specified by the Office. It is authorized by the federal Semiconductor Chip Protection Act of 1984 (SCPA).

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Registration Designs Design Copying 189

Intepat

DECEMBER 5, 2024

Issues of ownership, counterfeit goods, and infringements are rising concerns, threatening the sustainability of creativity in the metaverse. Copyright and Ownership in the Metaverse In the metaverse, copyright applies to digital creations such as virtual art, music, designs, and even entire virtual worlds.

Copyright 52

Copyright Non-Fungible Tokens Ownership Intellectual Property 52

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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Copyright Copying Blogging Intellectual Property 145

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance. 17-55844 (9th Cir.

Blogging 98

Blogging Copyright Settlement Ownership 98

Kluwer Copyright Blog

OCTOBER 5, 2022

The ownership of an NFT is recorded in the blockchain, and can be transferred by the owner, allowing NFTs to be sold and traded ”. Crucially, the ownership of an NFT does not equate to ownership of an underlying asset. Creative Commons’ position on NFTs.

Licensing 114

Licensing Technology Public Domain Non-Fungible Tokens 114

Intepat

NOVEMBER 8, 2024

Registering a song’s copyright provides proof of ownership, an invaluable tool in resolving disputes or dealing with unauthorized use. With the ease of sharing online, independent artists must take proactive steps to assert their ownership and protect their creations from unauthorized use.

Social Media 52

Social Media Copyright Ownership Copyright Law 52

Technology & Marketing Law Blog

AUGUST 2, 2023

s advertisement for hats, copying Sarony’s Oscar Wilde No. Copyright Office’s decision to deny Kashtanova copyright registration in their AI-generated art places artists’ rights to ownership of their works in question. Over time, courts began to accept that cameras and even computers can be used as tools for artistic creation.

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Artwork Blogging Art Copyright 98

Technology & Marketing Law Blog

MARCH 29, 2023

It took eight months, but the ownership question of the photographs has been settled. However, it is not what I expected for the first case to be finally determined: Section 512(f) and an ownership dispute between former business partners. Prutton admitted to copying and said that his adult daughter had helped him with his website. (A

Blogging 105

Blogging Fair Use Copyright Copyright Notice 105

Technology & Marketing Law Blog

JULY 25, 2022

In a previous blog post , I criticized the Second Circuit’s ruling as inherently self-contradictory. My previous blog post contains detailed information about the Copyright Act’s three-year statute of limitations [ 17 U.S.C. § If it’s still unclear, go back and read my previous blog post on Sohm for a more detailed explanation.).

Blogging 98

Blogging Copyright Licensing Copyright Infringement 98

Intepat

NOVEMBER 4, 2024

Registering a song’s copyright provides proof of ownership, an invaluable tool in resolving disputes or dealing with unauthorized use. With the ease of sharing online, independent artists must take proactive steps to assert their ownership and protect their creations from unauthorized use.

Social Media 52

Social Media Copyright Ownership Copyright Law 52

IP Tech Blog

FEBRUARY 15, 2023

If a secret is stolen, or the ownership or its proper apportionment are disputed, or if a third party is trying to copy software containing AI algorithms, the right holders must not shy away from taking proper enforcement measures. This will help avoid surprises from the application of unfamiliar Chinese laws and regulations.

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Intellectual Property Due Diligence Ownership IP 113

Technology & Marketing Law Blog

JANUARY 12, 2024

My angst-filled blog post on that ruling. In a framing case, the plaintiffs’ web servers aren’t the affected chattel because the plaintiffs’ web servers delivered the web pages directly to users’ devices, after which the framer (Google) superimposed its frame on the web pages once the copies were in users’ RAM.

Copying 98

Copying Ownership Derivative Work Contracts 98

TorrentFreak

MAY 26, 2023

Instagram was one of the recipients but, instead of taking immediate action, the platform asked for proof of ownership. The company responded to this correspondence with relevant ownership documents but, apparently, Instagram still wasn’t convinced. Whether Instagram plans to challenge the injunction is unknown.

Social Media 144

Social Media Copyright Infringement Ownership Fair Use 144

SpicyIP

MARCH 1, 2025

In the blog below the author will analyse Kindles nature as a bookseller, why this reduces the rights of consumers, and why this spells out a dark future for eBooks, and the broader world of literature and knowledge. In 2009 , users woke up to find their purchased copy of 1984 had disappeared from their library.

Copying 59

Copying Editing Licensing Copyright 59

Technology & Marketing Law Blog

MARCH 6, 2022

” With respect to whether Babybus’ baby character infringed Moonbug’s baby, Babybus claimed that the alleged copying related to generic features found in nature. . Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Fair Use 111

Fair Use Cease and Desist Copying Copyright Infringement 111

Kashishipr

NOVEMBER 17, 2021

An assignment is, in spirit, a transfer of ownership, even if it is partial. No one has the right to copy, reproduce, sell, or publish an original work without the permission of the creator. It means that only the owner of the copyright can transfer the ownership of the copyright to a third party. For more visit: [link].

Copyright 105

Copyright Ownership Licensing Intellectual Property 105

Technology & Marketing Law Blog

SEPTEMBER 15, 2024

But the sender’s dereliction in this case really got to me, so it’s worth the blog post. Despite UMG’s lack of ownership in the beat, UMG’s “content protection specialist” found the song Oi! Barrett Financial * 512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v.

Fair Use 105

Fair Use Cease and Desist Ownership Licensing 105

Kluwer Copyright Blog

JULY 20, 2022

In this post, we briefly explore issues related to copyright infringement, intermediaries’ liability and remedies from the perspective of the general principles of copyright law (for previous analyses of NFTs and copyright on this blog, see here ). The distribution right includes the right to issue copies of the work to the public.

Copyright 135

Copyright Copying Non-Fungible Tokens Copyright Law 135

Kluwer Copyright Blog

JUNE 20, 2023

Image by Tumisu via Pixabay Part I of this blog introduced the first of three ambiguities NFT purchasers may face. Firstly, in conformity with the CJEU’s 2012 UsedSoft case, the exhaustion doctrine applies to first sales of computer software copies.

Artwork 98

Artwork Contracts Ownership IP 98

Intellectual Property Law Blog

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. The deposit can be either a physical copy of the mask work or a digital copy in a format specified by the Office. It is authorized by the federal Semiconductor Chip Protection Act of 1984 (SCPA).

Registration 130

Registration Designs Design Copying 130

TorrentFreak

SEPTEMBER 7, 2023

For example, last year forty Internet providers were instructed to block a total of 13,445 ‘pirate’ sites that were expected to distribute pirated copies of the Hindi movie “Vikram Vedha.” The Indian law blog SpicyIP has several articles on the subject and also discusses this latest order.

Copying 130

Copying Copyright Ownership Copyright Law 130

Kluwer Copyright Blog

JUNE 16, 2021

In 2019, Artem Stoliarov, a Russian DJ whose stage name is Arty, filed a lawsuit before the US District Court for the Central District of California, alleging that Marshmello’s song ‘ Happier ’ copied the synthesizer melody from his 2014 remix of OneRepublic’s ‘I Lived’ (OneRepublic is an American pop rock band). From remixes to remasters.

Music 98

Music Copyright Law Copyright Law 98

IP and Legal Filings

MAY 15, 2024

Such a person can use it to serve their purpose in a limited manner for a particular period without having sole ownership of the property. Main Blog Unlicensed use of any content registered under the Copyright Act, 1957 , violates the exclusive rights of the owner and amounts to copyright infringement.

Licensing 98

Licensing Intellectual Property Ownership IP 98

Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

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Non-Fungible Tokens IP Ownership Contracts 98

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

While the copyright conditions in the user agreements of the applications in question are always important, it will be assumed for the purposes of this post that the apps do not claim ownership through these user agreements. Ownership of copyright in the lectures presented by the speakers. written in advance).

Fair Use 52

Fair Use Ownership Licensing Copyright 52

Kluwer Copyright Blog

SEPTEMBER 18, 2024

This blog post – based on our journal article published in the European Intellectual Property Review – takes a closer look at these questions, while also seeking to address the wider tension that exists between GenAI and copyright. For instance, can students claim AI-generated output as their own intellectual creation?

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Copyright Higher Education Copyright Infringement Ownership 130

IPilogue

JUNE 13, 2022

Artists in the digital space have always been vulnerable to the unauthorized distribution, copying, and sale of their work. Listing someone else’s artwork on an NFT marketplace is as simple as saving a copy of the work from an artist’s website or social media platform and uploading it onto a marketplace where it is minted into an NFT.

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Non-Fungible Tokens Art Due Diligence Social Media 124

Traverse Legal Blog

JANUARY 26, 2022

The token goes onto the blockchain, indicating ownership rights and potentially royalty rights for future transfers of the NFT, but not the underlying digital asset. An NFT group called TheSpiceDAO bought a copy of the book “Dune” believing they had purchased more than just the book. See article below). What Are NFTs?

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Non-Fungible Tokens Licensing Copying Ownership 97

IP and Legal Filings

JULY 24, 2023

It removes the restrictions on budget and print reproductions, enabling web distribution, copy printing and packaging, and out-of-home advertising impressions. For instance, an image may be used in a blog, and if that image is uploaded elsewhere, it is permitted as long as the proper reference thereof is provided.

Licensing 98

Licensing Advertising Advertising Copying 98

CopyrightsWorld

MARCH 30, 2021

The second one is to get ownership of their copyright, know their rights under the copyright laws and how to protect them. Recent studies reveal that there are over 5 billion blogs and 7 million blog posts are published every day! blog post, article, social post, etc.). What is original work? Obviously no. And now what?

Copyright 74

Copyright Ownership Blogging Intellectual Property 74

The IPKat

JUNE 13, 2022

In any event, the licence will determine the rights afforded to the purchase, which usually confirm that no copyright ownership is passed, and that the purchase is prevented from adapting, reproducing, or communicating the work to the public. The terms of ownership and remuneration vary between platforms.

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Non-Fungible Tokens Advertising Advertising Ownership 140