The IP Law Blog

DECEMBER 2, 2021

The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement claim or to depart from this approach and apply the Second Circuit’s “ordinary observer” test instead. In Johannsongs-Publishing, Ltd.

Copyright Infringement 98

Copyright Infringement Copyright Copying Art 98

IP and Legal Filings

MARCH 31, 2023

Introduction In order to determine copyright infringement , the ‘substantial similarity test’ has routinely been employed by the US Courts. Image Sources : Shutterstock] The term ‘ copyright ’ essentially signifies a bunch of exclusive rights granted to the creator of an original work of art. One such case is the case of Alfred v.

Copying 70

Copying Cinema Public Domain Copyright 70

IPilogue

SEPTEMBER 9, 2022

The real-life tax company “Liberty Tax” claims that the show copied its logo and style, including the Statue of Liberty, which is a frequent identifier of the company. As an interactive film, Bandersnatch viewers could take control and make decision for the protagonist, Stefan Butler, as he navigates a series of disturbing events.

Trademark 106

Trademark Public Domain Television Fair Use 106

43(B)log

FEBRUARY 19, 2022

Copyright Law Why are we so sure facts are excluded from the statute when the statute doesn’t use that word and uses a lot of other words. Harper & Row is cited by Feist to reiterate that selection coordination and arrangements of facts can be copyrightable. President Ford couldn’t prevent others from copying bare historical facts.

Copyright 59

Copyright Moral Rights Artwork Art 59

TorrentFreak

DECEMBER 4, 2022

Blender has clearly shown otherwise which makes events of the last few days particularly disappointing. The notice claimed that Bruno had infringed ZO’R TV’s copyrights by reproducing content (6:21 to 8:26) from this YouTube video published in 2018. No Rights to Post Video on YouTube.

Licensing 142

Licensing Music Copyright Public Domain 142

LexBlog IP

DECEMBER 2, 2021

The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement claim or to depart from this approach and apply the Second Circuit’s “ordinary observer” test instead.

Copyright Infringement 52

Copyright Infringement Copyright Art Copying 52

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. First, as far as copyright cases go, this one’s easy. Barlow & Bear refused.”

Music 101

Music Derivative Work Fair Use Cease and Desist 101

The IPKat

AUGUST 23, 2022

Moving can be among life's most trying family events. And, as long as it does, the library owner will face the challenge of dealing with the stark reality that while copyright may protect book contents at the incorporeal level, books only have personal meaning in their three-dimensional, physical context. IP was not spared.

Copying 90

Copying Public Domain Licensing Marketing 90

LexBlog IP

FEBRUARY 28, 2022

6] The Supreme Court’s ruling on that petition—and a possible eventual decision on the merits—could have enormous implications for the art world and other industries impacted by copyright law. Goldsmith counterclaimed for copyright infringement. Originals” [7] : The Works at Issue.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

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

43(B)log

FEBRUARY 4, 2023

Akshat Agrawal, Copyright's distortive effects Copyright directs investment to excludable assets. Carys Craig, Copyright & Gender: Philosophy, Proof & Praxis Book chapter: research agenda for feminist copyright. I could think that copyright is relatively neutral in an incredibly sexist society.

Copyright 64

Copyright Editing Settlement Music 64

43(B)log

AUGUST 3, 2023

The majority says that limiting doctrines account for Kagan’s examples—which involved use of expression—as well as the dissent’s own copying and the Court’s too. But using 100% of another’s work shouldn’t be allowed; transformative became the main event. The input was copyrightable; the output is not. Copyright for humans only?

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

Kluwer Copyright Blog

MAY 17, 2023

The H2020 project reCreating Europe performed an unprecedented mapping of EU and Member States’ sources on copyright flexibilities. along the same lines, the presence of a wave of amendments of national copyright flexibilities after 2001 , which, however, regarded only certain categories (e.g., Private copy and reprography.

Reporting 52

Reporting Copyright Public Domain Copying 52

Technology & Marketing Law Blog

JUNE 20, 2023

Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. As usual, readers who are already familiar with the case and/or with copyright law may skip the “Background” sections below (but don’t skip the commentary “The Road Not Taken”).

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

SpicyIP

JANUARY 9, 2023

After an eventful first week of the year, we bring out quick summaries of the 6 blogposts we carried, along with 10 cases and other national and international IP developments for you. Revenue to share copy of its report filed earlier. Sir Arthur Conan Doyle’s ‘The Case-Book of Sherlock Holmes’ enters public domain.

Trademark 90

Trademark IP Registration Reporting 90

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film.

Fair Use 52

Fair Use Trademark Copyright Editing 52

The IPKat

APRIL 11, 2023

Given their competitive position vis a vis Amazon, some eyebrows were raised when Amazon purchased Book Depository, reportedly on July 4, 2011 (in light of later events, the date portended Orwellian irony regarding the company's long-term freedom). The distribution of books was no less crucial than the means of copying and reproduction.

Business 72

Business Public Domain Reporting Journalism 72

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 121

Copyright Blogging Publishing Fair Use 121