IP and Legal Filings

APRIL 26, 2023

Introduction The Indian Copyright Act of 1957 protects and recognizes cinematograph films as a form of creative work. According to Section 2(d)(v) of the Copyright Act, the producer of a cinematograph film is considered the work’s creator. [1] This preference for producers in copyright law has recently been questioned.

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Copyright Music Moral Rights Ownership 52

Patently-O

DECEMBER 13, 2022

MacKinzie Neal: USPTO and US Copyright Office To Conduct a Joint Study on Intellectual Property Law and Policy Issues Related to NFTs (Source: JD Supra). Commentary and Journal Articles: Atty.

Intellectual Property Law 48

Intellectual Property Law Patent Journalism Intellectual Property 48

IIPRD

JUNE 9, 2024

When we talk about IPR in the metaverse various types of Intellectual Properties come into the picture, for example, copyrights, patents, and trademarks. Copyrights Any original work created by any creator from an intellectual activity published in any form or medium will get automatic protection under copyright.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Designs 59

Technology & Marketing Law Blog

AUGUST 31, 2021

Factor four : The fourth factor also weighs against fair use: Unrestricted and widespread conduct of the sort Defendant engaged in would destroy the market for licensing Plaintiff’s work. Independent Journal Review : Philpot is suing the Independent Journal Review over a Ted Nugent photo taken by Philpot. Aug 18, 2021).

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Fair Use Journalism Licensing Marketing 131

The IPKat

DECEMBER 13, 2023

After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here ] , it is now the turn of Article 15 (the related right for press publishers) as implemented into Italian law.

Related Rights 78

Related Rights Publishing Licensing Contracts 78

IPilogue

APRIL 11, 2022

Lehv pointed out that purchasing an NFT does not necessarily include copyright assignment, and therefore, returns from the NFT are limited to resale. Guadamuz is a reader in intellectual property law at the University of Sussex and the editor-in-chief of the Journal of World Intellectual Property. Andres Guadamuz. SuperRare).

Non-Fungible Tokens 106

Non-Fungible Tokens Cease and Desist Intellectual Property Artwork 106

Kluwer Copyright Blog

MARCH 14, 2024

Photo by Christian Wiediger from Unsplash This article continues the tradition of reporting on the copyright case law of the German Bundesgerichtshof, the highest German civil court for copyright matters (Federal Court of Justice – “BGH”). Part II will focus on copyright contract law and claims under copyright law.

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Law Music Copyright Art 61

TorrentFreak

APRIL 5, 2022

” The publishers say they are honoring existing contracts but after that, new access to scientific research will be suspended. Subscriptions to foreign scientific journals (97.5% The publishers put their ban in place before it could renew its licenses. Even that is sugar-coating the reality. Karger Publishers.

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Publishing Government Licensing Journalism 142

Technology & Marketing Law Blog

AUGUST 29, 2022

I posted a chapter from the book: Online Contracts. The Constitutionality of Mandating Editorial Transparency , 73 Hastings Law Journal 1203 (2022). A First Look at Copyright Claims Board (CCB) Filings. Wouldn’t It Be Great if Internet Services Had To License Technologies Selected by Hollywood? Comments on AB2408).

Editing 90

Editing Social Media Blogging Advertising 90

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

with honors from Emory University, where she was the articles editor of the Emory Law Journal. in 2013 from the University of Virginia School of Law and was a member of the Virginia Journal of Law and Technology. from the University of Georgia School of Law and was the senior notes editor of the Journal of Intellectual Property Law.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

Technology & Marketing Law Blog

JANUARY 24, 2024

Moreover, the enumerated terms are all items that JLM might conceivably sell to the public and appear to be presumptively copyrightable. The court explains that, despite the license, Gutman could use “her name for noncommercial purposes, including personal social-media accounts.”

Social Media 81

Social Media Ownership Designs Design 81

The IPKat

JUNE 26, 2022

and Copyright in Graffiti and Street Art). Its massive use brings legal consequences for classic IP rights and offers real challenges in particular to trade marks, copyright and related rights and patents. closing dinner), IP Lunches (incl. Diversity and Inclusion Today, Would you like some IP with your Wine?,

Intellectual Property 114

Intellectual Property IP Registration Copyright 114

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790).

Contracts 98

Contracts Copyright Law Cease and Desist 98

Technology & Marketing Law Blog

JUNE 22, 2023

California’s latest entry into this Internet death-spiral is the California Journalism Protection Act (CJPA, AB 886). The CJPA engages with a critical problem in our society: how to ensure the production of socially valuable journalism in the face of the Internet’s changes to journalists’ business models?

Journalism 91

Journalism Social Media Publishing Government 91

Velocity of Content

JANUARY 31, 2023

I have had people tell me with doctrinal certainty that Creative Commons licenses allow text and data mining, and insofar as license terms are observed, I agree. Full disclosure: CCC offers RightFind XML, a service that supports licensed commercial access to full-text articles for TDM with value-added capabilities.) GitHub Inc.,

Licensing 98

Licensing Fair Use Journalism Publishing 98

Kluwer Copyright Blog

FEBRUARY 8, 2024

Typically, in the case of scholarly publications, authors are publicly funded through payment under a standing contract with a university or research institute, or through project funding, including EU funding. Pre-existing Bulgarian provision The SPR is not an entirely novel concept to Bulgarian copyright law. of the Directive.

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Publishing Contracts Art Copyright 126

Kluwer Copyright Blog

JUNE 27, 2023

The belated Portuguese transposition of the CDSM Directive was finally published in the Portuguese Official Journal (Diário da República) on the 19th of June 2023. Copyright Code still regulates all the permitted uses of protected works and other subject matter, while Art. Museu do Azulejo by G.P. However, Art.

Art 102

Art Contracts Publishing Licensing 102

Kluwer Copyright Blog

DECEMBER 12, 2022

ALLEA, therefore, welcomes recent studies showing that OA publication in scientific journals is on the rise. [2] While the downstream costs of journal subscriptions are gradually falling, the upstream costs of publication, made up of the APCs, have risen sharply. The new copyright rules relevant to “Big Deals”.

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Copyright Publishing Journalism Art 123

Kluwer Copyright Blog

AUGUST 22, 2023

contracts) may play a decisive role in the final allocation of rights and obligations. Nevertheless, part of the literature has claimed that mining copyrighted works for purposes of TDM does not involve expressive uses, and, therefore, should not raise any copyright issues (see, e.g., here and here ). While art. 4(3), CDSM).

Publishing 98

Publishing Art Licensing Copying 98

Kluwer Copyright Blog

MARCH 6, 2023

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. 3 and 4) and in Singapore’s new Copyright Act (Art. 243, 244), seek to protect the ability of text and data mining researchers to use copyrighted content in their work. million abstracts.

Copyright 118

Copyright Social Media Publishing Licensing 118

Kluwer Copyright Blog

JULY 11, 2024

The press sector strongly supports this position, with the argument usually phrased as media organisations, not individual journalists, benefitting from licensing. The journalism profession is (or not) regulated independently by each member state, and there is no common understanding of who is a journalist in the EU. While it is art.

Publishing 74

Publishing Art Journalism Copyright 74

LexBlog IP

OCTOBER 20, 2021

This scene was suggested (and indeed demanded) by someone who got no writing credit on the film and was accorded no copyright rights as an author. In the United States, an author, artist, or other creator can terminate a previous assignment of copyright by statutory right. at 7-8, 28-29. These rights are outlined in 17 U.S.C.

Copyright 52

Copyright Contracts Law Music 52

Kluwer Copyright Blog

JUNE 1, 2023

The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law. The letter is available here and its contents are reproduced below.

Copyright Law 108

Copyright Law Copyright Law Art 108

Kluwer Copyright Blog

FEBRUARY 28, 2022

17 of the DSM Directive, the Directive stipulates that online content sharing service providers like YouTube or Vimeo are now also responsible under copyright law for user uploads, if these providers fail to meet certain obligations. At the core of the Act is a licensing obligation (Sec. Service providers’ licensing obligation (Sec.

Art 55

Art Copyright Law Copyright Law 55

Velocity of Content

AUGUST 10, 2022

In the aftermath of Brexit, many publishers were wondering if the UK — with its strong tradition of supporting the rights of publishers, authors, and artists — would provide another voice in defense of copyright. The options ranged from no change to UK law, to improving the licensing environment, to offering new copyright exceptions.

Law 116

Law Licensing Publishing Intellectual Property 116

SpicyIP

JULY 19, 2021

Adyasha notes that while the Copyright Act deems the producer of a film as its author, that doesn’t imply that author and copyright owner would necessarily remain the same perpetually. Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol. Not obtaining the author’s consent might lead to heavy penalties.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

43(B)log

JUNE 30, 2023

Netflix isn’t covered by the DSA at all—licensed content provided by the producer. And requiring licensing from YT providers, including individual users, blurs this further. We won’t see the contracts b/t platforms and other entities, which is an issue, bypassing regulatory control. Podcasts=interesting case. [If

Law 40

Law Licensing Reporting Litigation 40

The IPKat

AUGUST 25, 2023

In this regard, the role of legal frameworks such as copyright law, data protection laws and contract law in regulating and structuring data access is significant. Need for data: A survey From a legal perspective, a taxonomy of data used in AI research and development shows that there is copyright data (i.e.,

Social Media 52

Social Media Law Journalism Copyright 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit seeks a declaratory judgment that Trump owns the copyright in the sound recordings (or in the alternative, in his interview responses on the recordings), and that Trump is entitled to all or the lion’s share of the profits made from the sale of those recordings and transcripts, which the lawsuit (absurdly) values at almost $50 million.

Copyright 120

Copyright Blogging Publishing Fair Use 120

43(B)log

JUNE 29, 2023

Goldman: bad faith interpretation of research: the made up debate over RT: Question spurred by a paper I just read: is the putative “value gap” in © licensing on UGC platforms a systemic risk? How far that goes (overriding contracts, © claims, TPMs) is unclear. Is Content ID a mitigation measure? various] Yes and no answers.

Law 57

Law Art Privacy Social Media 57

Technology & Marketing Law Blog

JANUARY 24, 2023

JCPA (Journalism Competition and Preservation Act). SMART Copyright Act. A very dumb law that would authorize the Copyright Office to force UGC sites to adopt expensive and overrestrictive technological controls as dictated by copyright owners. EARN IT Act. Still, the news was bad for hiQ. Jawboning Cases Keep Failing.

Law 115

Law Social Media Government Privacy 115