SpicyIP

SEPTEMBER 4, 2023

A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules The Draft Patent (Amendment) Rules, 2023 were recently published in the Gazette of India, with public comments invited by September 22. Other Posts The Times They Are a-Changin’? Bhandari.

Cease and Desist 105

Cease and Desist Patent Prosecution Trademark Derivative Work 105

Kluwer Copyright Blog

JUNE 7, 2023

This examined the problem of authors’ remuneration: authors’ contracts tend to result in disproportionately low revenues relative to the returns of investors and intermediaries. Importantly, the parties may not contract out of this right to readjustment. Reversion of rights That said, some balance is offered in the U.S.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

The IPKat

MARCH 22, 2024

Taylor however retained the copyrights over the compositions she created, enabling her to (re-)publish the music independently. To preclude Taylor prematurely re-recording, which would devalue the copyrights assigned to the label, the contract contained a “re-recording restriction” clause, having effect for a certain period of time.

Moral Rights 72

Moral Rights Copyright Music Art 72

IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. Eventually, a publication featuring sixteen of the forty-two matriculation papers was released by the University Tutorial Publishing Limited.

Copyright 98

Copyright Public Domain Copying Publishing 98

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Implied-in-Law Contract/Unjust Enrichment.

Licensing 105

Licensing Copyright Contracts Advertising 105

Technology & Marketing Law Blog

JUNE 17, 2023

But I think this might have more to do with the way the lawyers pleaded this issue rather than the quality of the potential breach of contract claim here. At first, I was shocked by this conclusion since it seems obviously wrong. Plaintiffs attach each of these licenses to the complaint.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

Copyright Lately

OCTOBER 25, 2021

Concerned about the effect the book would have on Twain’s reputation, publisher Harper & Brothers and his daughter Clara Clemens filed a lawsuit to stop further publication of “Jap Herron.” Hutchings, however, never retracted her claim that the book was dictated to her from beyond the grave. Dawn of the Dead.

Copyright 145

Copyright Cinema Copying Copyright Infringement 145

Kluwer Copyright Blog

DECEMBER 5, 2022

This authorization may be grounded on property, contracts, cultural heritage rules or on copyright. As to economic rights, copyright implies an authorization for activities of reproduction, communication to the public, distribution and creation of derivative works (adaptation). published in Grur. 2022, 618ff.

Copyright 105

Copyright Public Domain Art Moral Rights 105

Technology & Marketing Law Blog

JANUARY 17, 2024

The plaintiff gets an expensive lesson in the law of derivative works. * * * UIRC offers bonds using a private placement memorandum (PPM) and an indenture of trust. This case expands the canon of copyright protection for lawyer-drafted documents such as legal briefs and contracts. West Publishing (not cited by this court).

Copyright 71

Copyright Copying Copyright Infringement Editing 71

43(B)log

SEPTEMBER 7, 2023

Gannett derives revenue from the Ad Meter Platform, which included its own advertisement and sponsorship revenue. Each publisher defendant separately determined which content it accessed on Presto to use for its websites and in its publications; their webpages that included the screenshot of the Sowers photo would have displayed ads.

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

43(B)log

FEBRUARY 3, 2023

MPAA is there; “Coalition of Creators and Copyright Owners,” represented by songwriter (ASCAP, music, dramatists, BMI, SESAC, VLA, Writers Guild); National Music Publishers. Q: why not assume that Disney, like the music publishers, would send individual creators to front for them? Could attend to contracts of adhesion in that way.

Copyright 45

Copyright Copying Music Fair Use 45

Kluwer Copyright Blog

FEBRUARY 22, 2022

This is so despite the frequent and repeated collation of the interests of press publishers and journalists, often used to support increasing regulation of news media and digital platforms. Now, further initiatives are needed to support the tailoring of a copyright regime, in contract and statute, to encourage the use of reversion provisions.

Copyright 52

Copyright Public Domain Marketing Marketing 52

43(B)log

FEBRUARY 4, 2023

Restrict derivative right to adaptations/forms of representations that change medium, not works in same primary market. Hughes: if publisher can’t get sequel rights, then it will insist on getting the film rights and impoverish authors. Team-authored works: dramatic, musical, audiovisual. Derivative work?

Copyright 49

Copyright Editing Settlement Music 49

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

43(B)log

AUGUST 9, 2024

seems like this is going to have trouble with derivative works] Amanda Levendowski, Fairer Public Benefit Bias and harms of works aren’t taken into account in fair use analysis: recruits a legal tool typically aimed at one set of problems for the purpose of cleverly addressing a different set of problems.

Fair Use 59

Fair Use Marketing Marketing Licensing 59

Copyright Lately

MARCH 6, 2023

Wagging Tails is now seeking an injunction to prevent Coakley from publishing materials—including a planned tell-all film—recounting his accusations. The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment.

Copyright 87

Copyright Derivative Work Fair Use Social Media 87

43(B)log

AUGUST 11, 2022

Also: what about derivative works? So how do you build in that to recognize contribution to singular work v. creation of derivative work. In UK/Canada, joint ownership rules allow us to say “no derivative works without all of us agreeing.” Benefits: it’s about copyright, not contract, law.

Music 56

Music Copyright Ownership Derivative Work 56

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Two weeks ago, former President Donald Trump filed a lawsuit against journalist Bob Woodward and his publisher, Simon & Schuster (and its parent company Paramount Global, formerly known as Viacom-CBS), in U.S. The audiobook is also published on CD, and transcripts were published in paperback and ebook formats.)

Copyright 131

Copyright Blogging Publishing Fair Use 131

LexBlog IP

JANUARY 10, 2024

Other commentators, such as Vishal Rakheccha, have also sought to reimagine how copyright in Crown copyright jurisdictions might strike the best balance of access, accuracy, and enforcement around government works copyrights in British common law jurisdictions like India. Thus, I mention them in passing in case others wish to explore them.

Ownership 52

Ownership Copyright Government Intellectual Property 52

The IP Law Blog

FEBRUARY 23, 2023

Trump claims that Woodward did not have his permission to release these audiotapes as a separate audiobook, and sued Woodard and his publisher for, among other claims, copyright infringement. These are the facts according to Trump’s complaint against Woodward and his publisher, Simon and Schuster.

Copyright 98

Copyright Copyright Infringement Publishing Derivative Work 98

LexBlog IP

FEBRUARY 23, 2023

Trump claims that Woodward did not have his permission to release these audiotapes as a separate audiobook, and sued Woodard and his publisher for, among other claims, copyright infringement. These are the facts according to Trump’s complaint against Woodward and his publisher, Simon and Schuster.

Copyright 52

Copyright Copyright Infringement Publishing Derivative Work 52