Biswajit Sarkar Copyright Blog

AUGUST 3, 2023

The copyright comes into existence automatically as soon as the original work is created. But, by registering copyright, additional benefits and stronger legal protection can be achieved in case of any copyright infringement. The specimen copies of the work should be sent in physical form.

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Registration Copyright Artistic Work Ownership 52

IIPRD

SEPTEMBER 29, 2022

Copyright is essentially a right to copy. Copyright is a term describing rights given to creators for their literary and artistic works. It’s an intellectual property, if an individual owns the copyright to something, then he’s the only owner of it and also the decider that who can copy it.

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Copyright Intellectual Property Copying Music 52

TorrentFreak

DECEMBER 4, 2022

On Sunday he informed TorrentFreak that he’s also an independent film composer and producer, working with music production libraries, and distributing to the main music platforms. After filing his counternotice with YouTube, Bruno was informed that since he’d provided insufficient information, YouTube could not process it.

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Licensing Music Copyright Public Domain 143

SpicyIP

NOVEMBER 10, 2023

Image by jcomp on Freepik On November 3, 2023, Ministry of Information and Broadcasting issued a notification (see here ), establishing an ‘ institutional mechanism of Nodal Officers’ , under Sec. Therefore, takedown orders cannot be directed against infringing copy of content hosted on OTT platforms. Second , the govt.

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Copying Copyright Copyright Infringement Fair Use 52

Intepat

APRIL 18, 2022

Copyrights are a form of IPR that protects a wide range of artistic and literary works of a creator. As the name suggests, copyright means the right to copy, which signifies that only the creator of the work has the right to use it. The copyright owner is eligible for a certain amount for every infringement.

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Copyright Public Domain Registration Ownership 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

And that data might be subject to varying levels of copyright protection. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. — One logical starting point to tell the history of copyright preemption of contracts is to begin with ProCD v. See Montz, 649 F.3d

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Blogging Copyright Contracts Cease and Desist 80

SpicyIP

JANUARY 12, 2022

Saregama India Ltd & Anr deliberated upon the intersection of copyright infringement and confidentiality law and held that ideas cannot be copyrighted but can be protected through the application of confidentiality law. Background. Zee Entertainment Enterprises.

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Confidentiality Copyright Infringement Copyright Law 138

IP and Legal Filings

APRIL 20, 2023

Introduction Any literally or artistic work that is original and creative i.e.; not copied from anywhere by the owner is protected under Copyright Act, 1957. AI calculations gain from the information sources gave to them by developers. Thus, most would agree that AI-created work does not have the component of originality.

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Ownership Moral Rights Public Domain Intellectual Property 62

Kluwer Copyright Blog

JULY 14, 2023

National policymakers should review existing sui generis database rights or similar rights, when they exist, in order to avoid limiting access and use of public domain works. Clarify in the law that certain acts of communication to the public that are conducted as part of a GLAM’s public interest mission do not infringe copyright.

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Database Right Licensing Public Domain Artwork 52

IP and Legal Filings

SEPTEMBER 12, 2022

Cooper case, a work does not have to be entirely unique in order to be protected by copyright; rather, there needs to be some effort put into it and it cannot be a carbon copy of another person’s work. The lack of organisation and ambiguity make the protection problematic even if the work is copyrighted. Corel Corp.

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Art Copyright Artistic Work Public Domain 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. All of these facts placed Defendant on actual notice that it was highly likely that, in fact, Plaintiff’s Sticker Sheet was not infringing the Subject Design.

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Registration Fair Use Copyright Designs 113

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. Barlow & Bear claim copyright ownership in “The Unofficial Bridgerton Musical.”

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Music Derivative Work Fair Use Cease and Desist 102

IP and Legal Filings

MAY 3, 2024

Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. Understanding legal and fair use is especially important in academic settings because dissemination of information often requires the use of evidence.

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SpicyIP

NOVEMBER 15, 2022

The Court, however, disagreed with the Defendant’s argument holding that there was no information available in the public domain for the Plaintiff to reach at the above conclusion regarding relations between the Defendants. 20 Lakh to Louis Vuitton in a Trademark infringement suit against Club Factory.

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Trademark Patent Copyright Designs 105

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

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Ownership Copyright Fair Use Intellectual Property 52

LexBlog IP

MAY 19, 2023

This decision underscores the significance of the commercialization of derivative works in copyright infringement disputes. This case emphasizes the importance of understanding the terms of licensing agreements and their legal implications in the context of copyright law, particularly when derivative works are involved.

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Fair Use Art Licensing Derivative Work 52

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. Here, merely automated and mechanical work that lacks originality is also protected by the said copyright doctrine. A publishing company called Feist Publications Inc.

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Copyright Public Domain Copying Publishing 91

IP and Legal Filings

JANUARY 23, 2023

Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. One such area where copyright violations are common is the internet.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 81

SpicyIP

NOVEMBER 16, 2023

Hulm Entertainment alleged Fantasy Sports had substantially copied its ‘original trading and stock features’ along with the graphical user interface (GUI) of their fantasy sports mobile application “Exchange22”. Apart from this, the court held that :- (i) copyright infringement hinges on the substantial similarity between competing works.

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IP Intelligence

AUGUST 15, 2023

Establishing Scope of Copyright The Copyright Office will rarely seek additional information about the differences between the disclaimed and claimed matter for registration. These questions normally arise, if at all, when copyright is enforced, which means that for many copyrighted works, this ends up being a nonissue.

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Registration Copyright Copying Editing 52

SpicyIP

MAY 22, 2022

Nya: Yes indeed, we are moving into the realm of information economics here, are we not? It sounds like those are ‘ public goods ’, which in economic terms are non-rivalrous and non-excludable. Antilegend: Take it this way – the first ‘image’ is taken from information economics. While information is a public good.

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IP Intellectual Property Public Domain Copyright 131

LexBlog IP

AUGUST 23, 2023

But the entire Morford analysis revolved around the 11 th Circuit’s “abstraction-filtration-comparison” test, described as “initially developed to review claims of copyright infringement relating to novels and plays but also applied in contexts such as software programming.” ” Id. ’” Id.

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Technology & Marketing Law Blog

JUNE 20, 2023

For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work. 103(a) (“protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.”).

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IP and Legal Filings

SEPTEMBER 8, 2021

In a broad sense, blockchain technology can be defined as an open ledger of information that is used to keep a digital record of the transactions that occur in the crypto market. The copyrights that subsist on an NFT are also governed with the help of a smart contract. NFTs may be represented in the form of memes, artworks, or videos.

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Intellectual Property Non-Fungible Tokens Copyfraud Contracts 69

43(B)log

JUNE 24, 2022

Typically D argues that I’m using the term in mere advertising copy/not in a TM space. Ramsey: BB is interesting because they used a public domain image on the shirt. 1A and © public domain seem to answer the market definition Q. Easy to look at specimen in registration context, but harder to do in infringement.

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Trademark Law Law Trademark Fair Use 54