TorrentFreak

SEPTEMBER 28, 2023

“Nevertheless, OpenAI still tries to leverage its motion to pre-litigate issues it thinks will carry the day in the future. — Copies of the authors’ identical opposition briefs in response to OpenAI’s motion to dismiss are available here ( Tremblay et.

Fair Use 125

Fair Use Copyright Copyright Infringement Derivative Work 125

IP and Legal Filings

MARCH 31, 2023

Such rights include the right to reproduce the work, the right to public display and public performance, the right to adaptation, etc. If any other person makes an unauthorized copy of that work, the owner shall have a right of action against him. The defendants were provided with a copy of the screenplay.

Copying 95

Copying Cinema Public Domain Copyright 95

IP Tech Blog

MAY 18, 2023

Because the jury is charged with determining whether the defendant copied original elements of the copyrighted work, Judge Gilstrap held an evidentiary “copyrightability” hearing to “filter” out the non-original, non-copyrightable elements of the plaintiff SAS’s software.

Copyright 57

Copyright Public Domain Copying Litigation 57

Technology & Marketing Law Blog

JULY 18, 2023

Genius planted tiny mistakes in some of the lyrics it posted, and once those appeared in Google’s information boxes, it argued that Google copied lyrics from Genius. Genius’s “browsewrap,” however, prohibits copying for commercial use, and Genius sued Google for breach of contract.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

The IP Law Blog

DECEMBER 2, 2021

They further claimed that any similarities that did exist were derivative of Irish folk songs such as Danny Boy (aka Londonderry Air ), which was in the public domain. The basic elements that a plaintiff must prove are: “(1) ownership of a valid copyright; and (2) copying of constituent elements of the work that are original.”

Copyright Infringement 98

Copyright Infringement Copyright Art Copying 98

LexBlog IP

MAY 18, 2023

Because the jury is charged with determining whether the defendant copied original elements of the copyrighted work, Judge Gilstrap held an evidentiary “copyrightability” hearing to “filter” out the non-original, non-copyrightable elements of the plaintiff SAS’s software.

Copyright 52

Copyright Public Domain Copying Litigation 52

Kluwer Copyright Blog

DECEMBER 17, 2023

For the last few months, I have been wondering if our belief in “fair dealing” (or broadly, “limitations and exceptions”) has silently slipped into our “faith” in it – a faith that demands complete surrender to it while blinding us to the harm it covertly causes to the public domain. What Fuels Faith in the First Place?

Fair Use 64

Fair Use Public Domain Copyright Litigation 64

Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. A copyright is a right against the world.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

SpicyIP

JULY 3, 2022

Their practice predominantly revolves around copyright law, litigation and advising on all matters related to films that are emanating from script to screen. Rajesh Kumar works as the Head of Legal and Akanksha Badika works as the Legal Executive at Bhansali Productions, Mumbai (a film production house).

Copyright 129

Copyright Music Public Domain Law 129

Copyright Lately

AUGUST 2, 2022

Justice Ginsburg upheld the precise “wait and see” approach to copyright litigation adopted by Netflix: It is hardly incumbent on copyright owners. Copyright owners should be able to defend their works against substantial unauthorized copying used for profit. Even better, it’s in the public domain.

Music 112

Music Derivative Work Fair Use Cease and Desist 112

IP Whiteboard

JULY 19, 2020

Public Resource Org ( PRO ), a non-profit organisation that facilitates public access to government records and legal materials, distributed for free and without authorisation, copies of the OCGA and its annotations. PRO counterclaimed seeking declaratory judgment that the entire OCGA was in the public domain.

Copyright 52

Copyright Law Government Public Domain 52

IP Intelligence

AUGUST 15, 2023

But when copyright is enforced in litigation, the inability of the copyright owner to identify the protectable elements of the registered work is fatal. When the infringing work is an exact copy of protected work, copyright holders just need to establish that the work itself includes enough human authorship to have thin protection.

Registration 52

Registration Copyright Copying Editing 52

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.

Database Right 52

Database Right Licensing Public Domain Artwork 52

SpicyIP

NOVEMBER 15, 2022

The Defendant argued that Plaintiff had suppressed material facts about its knowledge regarding Defendant’s connection with other Defendants with whom it is already involved in a separate litigation in Kerala, over the latter’s use of ‘Haji Ali Juice Centre’ trademark. Hindustan Unilever Limited v.

Trademark 104

Trademark Patent Copyright Designs 104

LexBlog IP

DECEMBER 2, 2021

They further claimed that any similarities that did exist were derivative of Irish folk songs such as Danny Boy (aka Londonderry Air ), which was in the public domain. The basic elements that a plaintiff must prove are: “(1) ownership of a valid copyright; and (2) copying of constituent elements of the work that are original.”

Copyright Infringement 52

Copyright Infringement Copyright Art Copying 52

IIPRD

JANUARY 23, 2023

Patent are valid for the duration of 20 years before coming into public domain) Patent infringement can occur in two ways. This assist if a situation of litigation arises. [9] 9] For utility Patents, Amazon launched Utility Patent Neutral Evaluation Procedure (UPNEP) in 2019.

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

SpicyIP

MAY 15, 2023

Other Posts World of Possibilities: Single Judge Bench of Delhi High Court Allows Use of Celebrity Information Available in Public Domain Delhi High Court specifies some contours of publicity rights in India! Gaurangi Kapoor highlights the key aspects of the litigation and writes on the findings of the court.

Trademark 103

Trademark Registration Cease and Desist IP 103

43(B)log

FEBRUARY 4, 2023

Mailyn Fidler, Cross-Racial Copyright Litigation in Music: Only a Paper Moon? Have Black musicians been able to use copyright litigation to push back against cross-racial appropriation (Three Boys), is it equal (Campbell v. Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license.

Copyright 49

Copyright Editing Settlement Music 49

43(B)log

AUGUST 3, 2023

Harper & Row gets litigated as a First Amendment/free press case by Floyd Abrams; Court relies on Nimmer. Court chose to rule quite narrowly in part b/c of concessions during litigation. Taken copyright-protected material and transformed it into public domain material—dangerous for law firms.

Fair Use 40

Fair Use Copyright Derivative Work Marketing 40

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

AUGUST 23, 2023

For a court, that process means “’dissect[ing] the allegedly copied [work’s] structure and isolate each level of abstraction contained within it.’” Recognizing its importance can improve cogency of copyright doctrine throughout litigation,” as Said also said (at 473). .’” Id. Altai, Inc.,

Copyright 52

Copyright Art Copying Derivative Work 52

43(B)log

FEBRUARY 19, 2022

theory of selection effects makes sense—which cases make it to litigation affect the words the court uses, not just the outcomes. TM bullying w/ a public domain quilt, claiming rights over “Dear Jane” as quilt/software. Next thing that happened: Omaha Quilt Guild copied Just Wanna Quilt’s logo for its show.

Trademark Law 72

Trademark Law Trademark Art Branding 72

LexBlog IP

MAY 19, 2023

Potential for Future Litigation: This decision could lead to an increase in copyright litigation, particularly in cases involving derivative works and the fair use doctrine. It’s also generally understood that artists should acknowledge their sources of inspiration, especially when these are not part of the public domain.

Fair Use 40

Fair Use Art Licensing Derivative Work 40

Copyright Lately

APRIL 30, 2021

The new lawsuit raises a host of complicated legal issues that, while exciting for copyright nerds like me, are often a nightmare to litigate. Despite these copyright notices, Nirvana is now taking the position that the “Upper Hell” illustration is in the public domain and therefore free to use. copyright law.

Public Domain 91

Public Domain Copyright Copyright Notice Publishing 91

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. A New 512(f) Plaintiff Win! So what did it win?

Registration 132

Registration Fair Use Copyright Design 132

Technology & Marketing Law Blog

MAY 13, 2024

By Kieran McCarthy Elon Musk may have done more to open the Internet to web scraping than any person or public interest advocacy group. This creates powerful new precedent that will make it easier for web scrapers to prevail in litigation and will make it much harder for websites to prevent scraping. He was trying to do the opposite.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

Technology & Marketing Law Blog

JUNE 20, 2023

For example, when a sound recording of a musical work gets played on Spotify, both the owner of the copyright in the musical work and the owner of copyright in the sound recording (the derivative work) are entitled to royalties for the public performance. at 450) (Skipping commercials was not yet feasible, id.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

LexBlog IP

FEBRUARY 29, 2024

Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. It is no surprise that the legalities of the public domain are more complicated than the headlines suggest. But not so fast.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

SpicyIP

JANUARY 9, 2023

Revenue to share copy of its report filed earlier. Sir Arthur Conan Doyle’s ‘The Case-Book of Sherlock Holmes’ enters public domain. Case: Adani Wilmar Limited vs Baljit Agro Tech Pvt. & Anr on 4 January, 2023 (Delhi High Court).

Trademark 105

Trademark IP Registration Reporting 105

LexBlog IP

FEBRUARY 28, 2022

Controversy” [8] : The Litigation. Also in its amended opinion, in light of the Supreme Court’s decision in Google , the court placed newfound emphasis on the consideration of the “public benefits” the copying will likely produce as part of its analysis of the fourth fair use factor—the effect of the use on the market for the original.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

SpicyIP

OCTOBER 23, 2024

Lastly, Confidentiality Club (CC) is an interesting development in the field of IP litigation. The recent IP cases and discussions (see here , and here) throw light on the fact that the Indian Benches are growing comfortable with the idea of a CC in IP litigation. He mentioned a very important aspect. is effectively followed.

Intellectual Property 115

Intellectual Property IP Confidentiality Copying 115

43(B)log

JUNE 24, 2022

Defendant-side functionality would almost qualify as a thought experiment to test what we really want functionality and ornamentality to do, except for the fact that it’s shown up at least twice at courts of appeals (Louboutin and Lettuce Turnip the Beet) both of which lacked rigorous language to identify the real problem with the litigation.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

43(B)log

FEBRUARY 23, 2024

Sears/Compco said there was a right to copy things in the public domain; how did that go away? Robert Burrell: Australian trend—lot of $ coming in to TM, and so nonexpert lawyers are coming in and litigating, often to damaging effect. But somehow there’s a big change between Sears/Compco and Taco Cabana.

Trademark 45

Trademark Law Branding Branding 45

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. If the work was published without proper copyright notice, the work entered the public domain. Rural Telephone Service Co. ,

Copyright 131

Copyright Blogging Publishing Fair Use 131