Kluwer Copyright Blog

JUNE 20, 2023

The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law. Firstly, in conformity with the CJEU’s 2012 UsedSoft case, the exhaustion doctrine applies to first sales of computer software copies.

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Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

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TorrentFreak

JULY 9, 2023

Through a third-party partner with access to the Content ID system, the pair generated over $24 million in revenue from YouTube by falsely claiming ownership. “In Content ID the impact is multiplied due to its automated nature; one bad reference file can impact hundreds or even thousands of videos across the site.

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TorrentFreak

SEPTEMBER 7, 2023

These dynamic orders are justified to deal with persistent pirate sites, which are regularly referred to as a “hydra-headed” problem; when one domain is blocked, many others take its place. According to law student Reva Satish Makhija, one of the concerns is that ownership of new content is automatically assumed.

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IP and Legal Filings

MAY 15, 2024

Such a person can use it to serve their purpose in a limited manner for a particular period without having sole ownership of the property. It includes reproduction, the preparation of derivative works, distributing copies by sale or rental, and public performance or display. References.

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TorrentFreak

NOVEMBER 23, 2022

As laid out in David Graves’ declaration, the website DaftSex.com links to 1,734 pirated copies of CP Productions videos. There’s no reference in the application but PornHub owner MindGeek actually made Doe #1’s identity public in September. Declaration in Support of TRO. Two other domains, daftsex.tv

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Biswajit Sarkar Copyright Blog

JUNE 23, 2022

While the copyright conditions in the user agreements of the applications in question are always important, it will be assumed for the purposes of this post that the apps do not claim ownership through these user agreements. Ownership of copyright in the lectures presented by the speakers. written in advance).

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IPilogue

OCTOBER 31, 2022

Automatic content recognition (ACR) refers to the ability of an application to identify content based on sampling a portion and comparing it with a source service. Since there is no requirement for a reference database, it is not necessary to use a lot of data or processing power to recognize previously watermarked files or printed products.

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IP and Legal Filings

JANUARY 22, 2024

Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. Secure Distribution is a means of distributing digital content using encrypted codes which prohibit copying and limits the number of devices a product can be accessed from.

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TorrentFreak

JUNE 23, 2023

” “We falsely claimed legal ownership over these songs to receive royalty payments,” Teran adds, noting that the scheme brought in millions. To collect these payments Batista launched the company MediaMuv, which became a trusted YouTube Content ID member through a third-party company referred to by the initials A.R.

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Technology & Marketing Law Blog

MARCH 6, 2022

” With respect to whether Babybus’ baby character infringed Moonbug’s baby, Babybus claimed that the alleged copying related to generic features found in nature. . Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

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Intepat

MAY 24, 2023

TYPES OF IP CONTRACTS (1)INTELLECTUAL PROPERTY ASSIGNMENT AGREEMENT The process of facilitating the transfer of ownership rights for various forms of intellectual property, such as copyrights, trademarks, patent, trade secrets, and other intangible creations is known as an intellectual property assignment.

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IP Tech Blog

JANUARY 4, 2023

Given that the Chinese government prohibits the transaction of virtual currencies, the Chinese market and users had to change this translation to avoid referring to crypto currencies as that could make NFTs illegal. Ownership and Enforcement. Copyright Ownership. Two ideas of ownership have emerged under copyrights.

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Traverse Legal Blog

JANUARY 29, 2022

The person who buys that NFT becomes the owner, and they can transfer ownership later, and that person becomes the new owner, and so on” -Enrico Schaefer, NFT Attorney. In this example, you are not purchasing the copyright to this photo, as the website says, “Copyright ownership remains with the owner.”

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Kluwer Copyright Blog

SEPTEMBER 18, 2024

A related question then arises as to who would be able to claim ownership of such a work: the person who provided the input prompt, or perhaps the AI tool itself? Another much-discussed issue is whether AI-generated works meet the threshold of originality to merit copyright protection.

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SpicyIP

JULY 5, 2021

The appellant sought a copy of a PhD Thesis titled “Studies on some nitrogen fixing genes of Azotobacter vinelandi” from Jamia Millia Islamia, a central university and public authority for the purposes of RTI Act. the CPIO hasn’t referred to the candidate furnishing any proof to further his intentions to get the patent. Background.

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SpicyIP

JULY 29, 2021

Limitations on storage of copied works in digital formats. Historically, the exceptions for teaching, education and research have never been qualified by the nature of ownership of the institution where the use of the work is carried out. Restricting this photocopying to 10% of the total pages of a book. Bench decision).

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Kluwer Copyright Blog

NOVEMBER 16, 2023

Pursuant thereto, the copyright holder is no longer entitled to control the further distribution of a copy of their work after that copy had been put on the market with the rightholder’s consent. The exhaustion doctrine was conceived with physically sold hardcopies in mind. What does this excerpt mean for the digital exhaustion debate?

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TorrentFreak

SEPTEMBER 25, 2024

While site blocking by residential Internet providers is mentioned in reference to other countries, ISP blocking is not part of the injunction itself. — A copy of the default judgment including the injunctive relief, as signed by U.S. Some foreign companies, in particular, may be more hesitant to comply with U.S.

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IP and Legal Filings

JULY 24, 2023

It removes the restrictions on budget and print reproductions, enabling web distribution, copy printing and packaging, and out-of-home advertising impressions. For instance, an image may be used in a blog, and if that image is uploaded elsewhere, it is permitted as long as the proper reference thereof is provided.

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TorrentFreak

JANUARY 31, 2023

A copy of the agreement is offered as evidence and signed by Kumar. “Defendant Kumar has made a claim of ownership of Plaintiff’s work and infringement by Plaintiff. First, he claims ownership over all of Plaintiff’s works via a contract that is, on information and belief, fraudulent.

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TorrentFreak

OCTOBER 4, 2022

However, if one cross-references the name Brian D’Cruz with listings on the General Hypnotherapy Register, the scammers’ website isn’t the one listed. A copy from the Wayback Machine also reveals that the photographs of the therapist are drastically different when compared across sites, an indication of a deliberate switch.

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IP and Legal Filings

JANUARY 23, 2023

In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works.

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Kluwer Copyright Blog

SEPTEMBER 28, 2022

In relation to objects subject to ownership, like tangible items, such an entitlement to revindicate ( rei vindicatio ) is commonly guaranteed as one of the prerogatives of the owner. By contrast, digital data are, as such, not undisputedly considered to be subjectable to ownership rights. Why is that? But often does not mean always!

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IP and Legal Filings

MAY 1, 2023

He can grant others access or maintain complete ownership by forbidding others from reproducing or duplicating it. Publicize the work and distribute copies of it. Someone brings in pirated copies of a work. It is crucial to remember that not every factual copying is punishable by law.

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Kluwer Copyright Blog

DECEMBER 5, 2022

While creating AR experiences, so-called markers provide information on the real-world element of reference to be overlapped with digital images. Thus, ownership of such rights is crucial for exploitation purposes. Identifying the ownership of rights to reproductions – if any – and their collections may be particularly challenging.

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TorrentFreak

DECEMBER 4, 2023

‘Prior Agent’ Was Part of Infamous Guardaley Settlement Operation The complaint refers to a letter dated November 23, 2021, in which Hierl responds to a proposed complaint by Millennium which outlines the movie company’s differences with Hierl and his law firm.

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TorrentFreak

JANUARY 31, 2023

A copy of the agreement is offered as evidence and signed by Kumar. “Defendant Kumar has made a claim of ownership of Plaintiff’s work and infringement by Plaintiff. First, he claims ownership over all of Plaintiff’s works via a contract that is, on information and belief, fraudulent.

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The IPKat

JANUARY 28, 2023

It ended the state of war between Germany and the Allied (US, the British Empire, France, Italy, Japan) and the Associated Powers (a total of 22 of countries) post the “Great War”, as it was then referred to. The Treaty of Versailles meant to restore pre-war IP ownership to Germany by two principal means.

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The IPKat

MAY 5, 2023

Comment As proof of proprietorship under section 18 of the Trade Marks Act , the Tribunal was satisfied with Ejiro’s evidence of copyright ownership of the Domitila movie and screenplay for the Domitila movie and evidence that Njemanze performed in the said movie. not confer trade mark or copyright ownership of the work on such actor.

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Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). The Copyright – AI Act interface The first aspect to mention regards definitions.

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IP and Legal Filings

JULY 11, 2024

Descriptive or Generic Terms: It is technically possible to register a trademark that is descriptive of the products that they refer to or services that they characterize, or even generic symbols that are familiar to the public. Copyright Registration: First being that the ownership of copyright subsists during a limited period only.

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43(B)log

DECEMBER 6, 2023

Williams wasn’t entitled to a rebuttable presumption that he was the copyright owner because he only submitted a copy of his Public Catalog search results, not his certificate of registration. The court found that the only reasonable interpretation of the contract was that “Work” referred to both the physical mural and the copyright.

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The IPKat

DECEMBER 16, 2021

While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. In court, the issue in dispute was the ownership of the IP in the Cubes Solution software.

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Kluwer Copyright Blog

MAY 30, 2024

In the EU, Article 4(2) of the InfoSoc Directive specifically addresses exhaustion, stating that the distribution right of the copyright holder is exhausted within the EU after the first sale or other transfer of ownership of a copy of a work with the rightholder’s consent.

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IPilogue

OCTOBER 13, 2021

Ownership of masters within the music industry has become a contentious and popular matter, particularly after Taylor Swift’s legal battle resulted in her re-recording her greatest hits. When Baker described outliving her contracts, she was referring to her right of reversion , which lets her reclaim her copyright after 35 years.

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The IP Law Blog

DECEMBER 2, 2021

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.” Rather, the defendants focused their attack by claiming there was no triable issue as to the element of copying.

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