SpicyIP

JANUARY 19, 2024

The safeguard against groundless threats alleging copyright infringement in Section 60 suffers from a lack of clarity around some of its key terms like “due diligence”, “groundless” and “prosecution” One decision that attempts to address this lacuna is the Bombay High Court’s decision in Manya Vejju v.

Due Diligence 59

Due Diligence Copyright Cease and Desist Social Media 59

TorrentFreak

SEPTEMBER 9, 2024

. “Online enforcement efforts are frustrated when intermediaries fail to take adequate steps to ensure that their services are not being used to facilitate copyright infringement, a problem compounded by the fact that many website operators and intermediaries operate anonymously.

Reporting 135

Reporting Due Diligence Social Media Business 135

IP and Legal Filings

APRIL 19, 2022

It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Copyright infringement cases on the internet have increased because the internet has become more widely available. Legal Framework governing take down notice.

Copyright Law 97

Copyright Law Copyright Law Copyright Infringement 97

TorrentFreak

MARCH 10, 2023

UK Government Assesses ‘Behavior Change’ Opportunities The Intellectual Property Office’s ‘Online Copyright Infringement Tracker’ is an annual survey of the latest trends in copyright infringement.

Government 131

Government Reporting Due Diligence Copyright Infringement 131

The IPKat

AUGUST 27, 2023

Now the Higher Regional Court of Nürnberg has ruled on a case in which the key issue was whether an online marketplace can be held liable for damages and injunctive relief, when a third-party vendor uses a copyright-infringing image to advertise their product (case number 3 U 2910/22, judgement of 01.08.2023, not final).

Copyright Infringement 94

Copyright Infringement Due Diligence Advertising Advertising 94

Copyright Lately

MAY 10, 2024

That’s because it does away with a nationwide split among appellate courts, including a 2020 ruling by the influential Second Circuit Court of Appeals that limited copyright infringement damages to three years before the filing of a lawsuit, even if the plaintiff had been unaware of earlier infringements.

Copyright 107

Copyright Music Due Diligence Social Media 107

SpicyIP

OCTOBER 20, 2023

passed an order interpreting the scope of this safeguard, reiterating that the right of the plaintiff to initiate actions against the “groundless threats” under Section 60 would be terminated in light of a separate suit by the defendant alleging copyright infringement, even if filed subsequent to the Section 60 suit.

Due Diligence 59

Due Diligence Copyright Intellectual Property Law Copyright Infringement 59

Patently-O

FEBRUARY 20, 2024

While a laches issue was at the heart of this ruling, the Second Circuit adopted this rule for all copyright infringement cases. The unsatisfying conclusion here is when combined with the discovery accrual rule a copyright holder could have a timely infringement claim but not be eligible for relief.

Music 105

Music Copyright Due Diligence Licensing 105

Patently-O

MAY 9, 2024

2024) , resolving a circuit split over the availability of back-damages in copyright infringement cases. 507(b)’s requirement that copyright infringement lawsuits be “commenced within three years after the claim accrued,” a discovery rule has long been considered applicable in copyright cases.

Copyright 89

Copyright Music Due Diligence Licensing 89

SpicyIP

OCTOBER 16, 2023

on 10 October, 2023 (Delhi High Court) Image from here The Delhi High Court rejected the plaintiff’s application to amend the plaint and the memo of parties to add new defendants for lack of prior due diligence by them. Google says that it will defend its customers, using its generative AI services, in any copyright infringement suits.

Due Diligence 59

Due Diligence Invention IP Copyright 59

Traverse Legal Blog

APRIL 1, 2021

Your only protection on the front end is due diligence. Some of these issues are going to give rise to claims of copyright infringement , price-fixing or price manipulation. On the back end, you may need to hire an attorney who understands NFTs.

Non-Fungible Tokens 98

Non-Fungible Tokens Artwork Contracts Due Diligence 98

LexBlog IP

OCTOBER 30, 2023

(collectively, “Nealy”), sued Warner Chappell Music, Inc. (“Warner”), for copyright infringement in the Southern District of Florida, alleging that Warner was using Nealy’s musical works based on invalid third-party licenses in violation of 17 U.S.C. § § 501.

Copyright 52

Copyright Due Diligence Music Copyright Infringement 52

IP and Legal Filings

JULY 13, 2022

Indian courts, for the longest time, followed the doctrine of “sweat of brow”, upholding the belief that a work requires only due diligence and effort, rather than originality and creativity in order to be granted copyright protection. What is the Indian take on originality v. creativity?

Copyright 95

Copyright Artistic Work Designs Design 95

LexBlog IP

FEBRUARY 15, 2023

Given that China has no discovery system like in the US litigation, potential infringement must be thoroughly investigated by the rights holder, with evidence secured in the proper forms so that it can be admitted before a Chinese court or accepted by the Chinese police in case of a criminal action. But rights holders must be prepared.

Intellectual Property 52

Intellectual Property Due Diligence Ownership IP 52

Technology & Marketing Law Blog

JULY 25, 2022

In so holding, the Ninth Circuit created (or widened) a circuit split with the Second Circuit, which previously held that even under the discovery rule, damages for copyright infringement are limited to “a three-year lookback period from the time a suit is filed.” Scholastic, Inc. , 3d 39, 52 (2d Cir. Petrella , 572 U.S. 3d 39 (2d Cir.

Blogging 98

Blogging Copyright Licensing Copyright Infringement 98

Velocity of Content

JANUARY 28, 2025

Unlike previous technologies, which simply sped up manual tasks, generative AI enables firms to distil insights from enormous volumes of legal data and streamline highly specific processes like contract drafting or due diligence reviews. Building awareness of copyright compliance in the context of AI is critical.

Licensing 52

Licensing Intellectual Property Copyright Publishing 52

Technology & Marketing Law Blog

MAY 15, 2024

If the Supreme Court upholds the discovery rule for copyright cases, or simply declines to address it, the decision will leave copyright defendants exposed to very large awards for years of infringing conduct (as they have been everywhere but the Second Circuit). By Guest Blogger Tyler Ochoa Last week, the U.S. 3d 39 (2d Cir.

Music 105

Music Blogging Copyright Ownership 105

IP Intelligence

JUNE 3, 2024

In 2018, after Nealy finished serving his second prison sentence, he sued Warner and others in the Southern District of Florida for copyright infringement, claiming he held copyrights to Music Specialist’s songs and that Warner’s licensing activities infringed his rights. Metro-Goldwyn-Mayer, Inc.

Music 52

Music Copyright Copyright Infringement Due Diligence 52

LexBlog IP

SEPTEMBER 12, 2023

The authors did not permit their works to be used, emphasizing the need for informed consent when using copyrighted material. The lawsuit isn’t just about copyright infringement; it also includes charges of negligence and unjust enrichment, showing that the legal consequences can be multifaceted and severe.

Copyright 52

Copyright Copyright Law Fair Use Intellectual Property 52

Traverse Legal Blog

SEPTEMBER 12, 2023

The authors did not permit their works to be used, emphasizing the need for informed consent when using copyrighted material. The lawsuit isn’t just about copyright infringement; it also includes charges of negligence and unjust enrichment, showing that the legal consequences can be multifaceted and severe.

Copyright 52

Copyright Copyright Law Fair Use Intellectual Property 52

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. This is highlighted in the case of Hermès International v. Mason Rothschild , currently pending in federal district court in New York.

Trademark 62

Trademark Non-Fungible Tokens Branding Branding 62

LexBlog IP

FEBRUARY 11, 2024

Copyright infringement silently screams from the sidelines, while buzzwords like “fair use” and “transformative use” enter the conversation, doing a delicate dance between legality and technology. Knowing the boundaries of copyright law isn’t just wise; it’s an imperative.

Copyright 52

Copyright Due Diligence Content Creation Copyright Law 52

LexBlog IP

APRIL 19, 2023

Examples of copyright-protected materials commonly used on Amazon listings include aspects of the products listed, images (e.g., The key for Amazon sellers to avoid copyright infringement issues is to utilize only original content with all aspects of their products. pictures or descriptions) for use on their own materials.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

IIPRD

JANUARY 24, 2023

On the same hand, Fintech companies must stay clear of any copyrights belonging to third parties like source codes or software elements because doing so could result in copyright infringement lawsuits. Digital locks can be used by FinTech businesses to offer an extra layer of security to copies of their works.

IP 52

IP Invention Intellectual Property Due Diligence 52

Kluwer Copyright Blog

JULY 14, 2023

No liability of GLAM if they comply with certain due diligence steps (akin to “safe harbor right statement“). Proposal 8. Reaffirm the targeting test for online GLAM to avoid the applicability of unexpected foreign laws.

Database Right 52

Database Right Licensing Public Domain Artwork 52

SpicyIP

MAY 6, 2024

The Court held that plaintiff has made out a clear prima facie case; that the plaintiff has the necklace registered in Italy and since India is a member of Berne Convention for the Protection of Literary and Artistic Works, under Section 40 of the Copyrights Act, 1957 the registration in Italy can prove copyright infringement in India.

Trademark 59

Trademark Invention Licensing Patent 59

LexBlog IP

NOVEMBER 13, 2023

– Refine due diligence practices, in particular, taking extra care when undertaking clearance searches to ensure you are free to use a new trade mark in both the real and virtual worlds. This might include expanding the scope of your trade mark and marketplace monitoring to cover additional goods and services, or virtual uses.

Non-Fungible Tokens 52

Non-Fungible Tokens Technology Business Branding 52

LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. This is highlighted in the case of Hermès International v.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

43(B)log

AUGUST 4, 2023

Piggyback on VC due diligence, valuation. Larger issue: we have this nonenforcement b/c we’ve created an overbroad set of legal rights such that infringement goes on all the time. So we recognize that lots of copyright infringements are not worth enforcing, either not harmful or even helpful.

IP 40

IP Copying Due Diligence Registration 40

IP Whiteboard

JUNE 7, 2021

In Australia, the rights protected by copyright arise automatically upon the creation of a work and there is no need or ability to obtain a registration for copyright. By contrast, in the United States, registration of copyright is a prerequisite to filing a lawsuit for copyright infringement.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40

Kluwer Copyright Blog

NOVEMBER 24, 2021

Claims under copyright law. In Germany, in the case of copyright infringements, Section 97(1) and (2) UrhG provides for claims to be asserted for injunctive relief and damages. In 2015, the BGH ruled that managing directors have limited liability in copyright matters.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

JANUARY 18, 2022

To achieve these aims, the DSA sets out numerous due diligence obligations of intermediaries concerning any type of illegal information, including copyright infringing content. Copyright law accounts for most content removals from online platforms and search engine result lists, by an order of magnitude.

Copyright 128

Copyright Due Diligence Art Copyright Law 128

Kluwer Copyright Blog

FEBRUARY 24, 2023

The Störerhaftung is the basis, in particular, for claims to compel access providers or other intermediaries to bring an end to copyright infringements. In Störerhaftung des Registrars , the BGH ruled for the first time on the responsibility of a domain registrar to bring an end to a copyright infringement.

Law 52

Law Copyright Due Diligence Copyright Infringement 52

IIPRD

NOVEMBER 14, 2023

13] It has specifically mentioned provisions about the mandate of exercising due diligence and caution while detecting such shams. The exception here is that due diligence must be exercised by them. Furthermore, Rule 3 of IT [16] Act similarly specifies for due diligence. In the case of Tiffany v.

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

TorrentFreak

OCTOBER 1, 2022

From terminating allegedly infringing users and implementing copyright filters, to due diligence, website blocking, and running a search engine, tech companies can find themselves being held responsible when third parties upset the business models of other third parties. . Sony Music certainly hopes that will be enough.

Music 141

Music Due Diligence Copyright Social Media 141

TorrentFreak

JULY 23, 2023

That includes copyright infringement. Primarily, we stress that our service is not intended to be used for illegal activities and copyright infringements and we request our users to comply with this when accepting our Terms of Use. If we receive any type of DMCA requests or Copyright Infringement Notices – we ignore them.

Privacy 140

Privacy IP Technology Reporting 140

IIPRD

FEBRUARY 8, 2024

Copyright laws, for instance, vary from jurisdiction to jurisdiction. What constitutes copyright infringement in one country may not be in another. 1] , t he cloud service provider was not made liable even after abetting the infringement. “The Thus, in Tiffany(NJ) Inc. eBay Inc. [1]

Intellectual Property 52

Intellectual Property IP Government Technology 52