Technology & Marketing Law Blog

JANUARY 25, 2023

This raises an obvious corollary: at most, Shah has a non-exclusive license to those photos, so what are the terms of those licenses and could Shah potentially infringe the owners’ copyrights by posting them? This case covers similar ground as the uncited Hubay v.

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Copyright Fair Use Licensing Ownership 124

IP and Legal Filings

JULY 16, 2024

According to the World Intellectual Property Organization (WIPO) , “trade secrets are intellectual property rights on confidential information which may be sold or licensed.” The court held that confidential information must be information which is not in public domain or known to people in general.

Confidentiality 96

Confidentiality Contracts Intellectual Property Business 96

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.” In 1999, Cinema Secrets licensed the right to sell a Michael Myers Halloween mask from the film’s copyright owner.

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Copyright Cinema Copying Copyright Infringement 145

Technology & Marketing Law Blog

DECEMBER 15, 2021

To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions. Signal 23 Television v.

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Registration Fair Use Copyright Designs 132

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

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IP Intellectual Property Copyright Trademark 143

The IP Law Blog

JANUARY 12, 2023

An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. A little time spent researching whether the vendor has negative claims with the Better Business Bureau, has licensing issues, generally has satisfied customers, whether any lawsuits are pending, etc.,

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Kluwer Copyright Blog

DECEMBER 1, 2021

Responses from the earlier call for views have raised the need to improve licensing mechanisms for TDM purposes. Option 3: adopt an exception for any use, with a possibility for rightholders to contract out. Option 4: adopt an exception for any use, with no possibility for rightholders to contract out.

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Kluwer Copyright Blog

JULY 14, 2023

use of indigenous content, model contracts and/or national laws on limitations and exceptions). Facilitate effective collective licensing of rights, including where possible, through extended collective licensing systems. Promote the interoperability of different licensing models. version with further considerations (e.g.,

Database Right 52

Database Right Licensing Public Domain Artwork 52

The IPKat

JANUARY 18, 2022

According to the application for interim measures, the IPZS urgently needed to award the contract, but it had reason to fear that a company, Centro Grafico DG s.p.a. In the pictures above, "Bedtime" by Louis Wain ( 1860-1939 ), in public domain and Aaron Pa reck i, " Spy30 Scavenger Hunt " from Fl ic kr, CC 2.0 license.

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Intellectual Property Marketing Marketing Public Domain 73

SpicyIP

JANUARY 9, 2023

Case : Microsoft Technology Licensing Ltd. An Injunction cannot force an artist to continue with contract for personal service even though mutual trust between the parties has been lost, rules Delhi High Court. Sir Arthur Conan Doyle’s ‘The Case-Book of Sherlock Holmes’ enters public domain. Annapurna Films Pvt.

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Trademark IP Registration Reporting 105

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Public domain resources as a starting point. There are several places where you can find public domain content that is free to use. Look for those that have Creative Commons licensing so they can be used commercially. Always exercise caution and, if in doubt, seek legal advice on copyright regulations.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

Technology & Marketing Law Blog

JUNE 20, 2023

Specifically, when a derivative work is created pursuant to a statutory exception, then the derivative work is prepared “lawfully,” even though the artist who created the derivative did not get a license or other permission from the owner of the copyright in the underlying work. Goldsmith herself had been entirely unaware of the licensed use.)

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Fair Use Derivative Work Blogging Licensing 98

JIPEL Copyright Blog

MARCH 9, 2022

addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive. Perhaps one of the most salient legal issues is whether there is copyright infringement or a violation of the Visual Artists Rights Act of 1990 (“VARA”) in the virtual modification (e.g.,

Moral Rights 52

Moral Rights Art Fair Use Derivative Work 52

LexBlog IP

MARCH 3, 2024

That his cherished likeness as Wolfman was used without clearance in the 2022 hit sequel ‘Top Gun: Maverick’ Tubb’s argument landed squarely on the studio’s runway, by citing that the original contract’s ink didn’t extend to future flybys in sequels unimagined at the time.

Contracts 40

Contracts Public Domain Branding Branding 40

The IPKat

FEBRUARY 12, 2024

emphasis added to highlight the differences] On the face of it, indeed both the former and current “assignment and licenses” provisions appear to merely speak to the fact that copyright can be transferred as you would a movable property. If the right to something depends on a contract, or a statute explicitly creating it (e.g.,

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Copyright Moral Rights Government Public Domain 62

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

LexBlog IP

SEPTEMBER 29, 2021

However, the plaintiff was unaware of the competitor’s bid until the competitor entered into a design-build contract with the customer, which occurred two and a half years after the competing companies signed the NDA. The plaintiff then sued the competitor and the customer in the U.S.

Confidentiality 52

Confidentiality Contracts Public Domain Designs 52

LexBlog IP

JANUARY 12, 2023

An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. A little time spent researching whether the vendor has negative claims with the Better Business Bureau, has licensing issues, generally has satisfied customers, whether any lawsuits are pending, etc.,

IP 52

IP Intellectual Property Social Media Cease and Desist 52

IP and Legal Filings

JUNE 27, 2022

Duration for copyright is 60 years counted from the year after the date of publication. The underlying work can only be assigned or licensed in writing by the right holder or agent authorized by him. Remedies provided under the statute includes civil as well as criminal. INDUSTRIAL DESIGNS.

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Intellectual Property Moral Rights Designs Design 52

43(B)log

FEBRUARY 4, 2023

Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license. Identifying race of plaintiffs: didn’t prove that difficult; most figures are public. public domain. Acuff-Rose), or is it worse? Who sues who? First part of the project is from the 80s. Peter Pan: removing Tiger Song (?).

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Copyright Editing Settlement Music 49

Kluwer Copyright Blog

JUNE 19, 2023

Nevertheless , tokens may be used in a digital rights management scheme, as the aforementioned default position is subject to contract modification, as explained below. Copyright that is transferred upon selling an NFT may explicitly be outlined in the self-executing smart contract governing the sale.

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Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

FEBRUARY 22, 2022

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. 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

Kluwer Copyright Blog

APRIL 20, 2022

Accordingly, the proposed right is intended to incorporate the entire catalogue of copyright exceptions, the Swedish freie Benutzung provision in section 4, uses of unprotected content (for example which are in the public domain) and licensed uses (Ds 2021:30, pp. But there is more.

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Copyright Intellectual Property Law Public Domain Copyright Law 59

Kluwer Copyright Blog

JUNE 1, 2023

The EU copyright framework needs to be ameliorated in this regard and the articles 18 sq of the CSDM directive (the so-called “copyright contract law” rules) cannot be the final word on this issue. In this regard, a clear reflection on the preservation and legal protection of the public domain against undue appropriations seems necessary.

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Copyright Law Copyright Law Art 116

IP and Legal Filings

NOVEMBER 18, 2021

This is not the case, unless there is an express transfer of copyright by the creator or seller to the buyer through the contract at the time of sale. Since anything qualifies as an NFT, many have started to sell old memes or other materials already existing in the public domain.

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IP Non-Fungible Tokens Ownership Artwork 52

Kluwer Copyright Blog

NOVEMBER 29, 2022

Public domain material. Licensing the PPR. While the Directive does not include any provisions specific to licensing the PPR, a number of national implementations have ventured into this area. Commentators have expressed concern that this would amount to a court mandated duty to contract.

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Reporting Marketing Marketing Copyright 52

Kluwer Copyright Blog

MARCH 8, 2023

Although previously no provisions and/or case law or licensing schemes addressing news aggregation existed in Greece, and despite the fact that the new right granted to press publishers by the EU has attracted severe criticism (see e.g., Reto Hilty, Valentina Moscon et al., 2121/1993 on “Related Rights”, just after Art. 43bis I.aut.,

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Publishing Art Related Rights Marketing 52

The IPKat

JUNE 26, 2022

If you have missed the conference, it is still possible to catch up as the recorded version is available on their website.

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Intellectual Property IP Registration Copyright 117

The IPKat

SEPTEMBER 2, 2024

An interesting perspective on IP and sports is provided by Stef van Gompel, who describes different facets of inclusivity in sports, both from an athlete’s (accessibility of patented sports gear) and a fan’s (exclusive territorial licensing in sports events broadcasting) perspective. The following two chapters by Sven J.R.

Intellectual Property 57

Intellectual Property Public Domain IP Licensing 57

JIPL Online

APRIL 21, 2021

xxi] Therefore, the Court held that this placed the annotations in the public domain, and thus not eligible for copyright protection. xxvii] As a result, States might be free to manipulate the arrangements they have with private parties to circumvent the government edicts doctrine and prevent unfettered public access.

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Government Copyright Public Domain Law 98

Kluwer Copyright Blog

MAY 17, 2023

the possibility to request remuneration or to subordinate the operation of the exception to the absence of adequate licenses), differences emerge again – this time tackled, however, by the introduction of the country-of-origin principle. Public domain. However, every time a detail is left to the discretion of Member States (e.g.

Reporting 52

Reporting Copyright Public Domain Copying 52

Kluwer Copyright Blog

MAY 16, 2023

Flexibilities have been classified on the basis of a blended taxonomy, centred around categories of uses, purposes/goals and rights/interests balanced against copyright, coupled with horizontal, catch-all categories such as “public domain” and “external copyright flexibilities”. private study, e-lending).

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Reporting Copyright Public Domain Editing 52

43(B)log

FEBRUARY 10, 2025

In the 1960s, the LOVE image gained global popularity through display on commercial products, paintings, and outdoor sculptures, all published without notice and thus in the public domain. That was the essence of McKenzies complaint: Defendants deceive[ ] the general public and the relevant market that they have a copyright to LOVEi.e.,

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Public Domain Licensing Copyright False Advertising 52

SpicyIP

NOVEMBER 8, 2024

The analysis of freedom of expression has been restricted to cases of parody/satire/memes­­––due to the potential impossibility of licensing the same, resulting in potential market failure and thus a need to protect. Public figures actively court attention and benefit enormously from public recognition.

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Privacy Personality Rights Public Domain Ownership 105

SpicyIP

JANUARY 3, 2025

It also ruled that customer lists in the logistics and freight forwarding business cannot be automatically deemed confidential as such information is available in the public domain. These include provisions for whistleblowers acting in public interest, compulsory licensing under specific conditions, etc.

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