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. of Governors, FRS.

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 20, 2023

Readers would recall that in the past we have written about Government notifications stressing on the menace caused by the threats of legal proceedings (see here and here ). vs. M/s Indian Performing Rights Society Ltd and regarded the suit in the Delhi High Court as a substantial action fulfilling the condition of due diligence.

Due Diligence 59

Due Diligence Copyright Intellectual Property Law Copyright Infringement 59

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

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

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

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

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 Fair Use Copyright Law 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 Fair Use Copyright Law Intellectual Property 52

Kluwer Copyright Blog

JULY 14, 2023

Context Copyright can be challenging for cultural institutions (or “GLAM“ for Galleries, Libraries, Archives and Museums) when pursuing digitization and dissemination activities, as copyright governs whether a given work can be used and if so, how (as shown in recent studies for museums , archives or libraries ). Proposal 8.

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

43(B)log

AUGUST 4, 2023

Piggyback on VC due diligence, valuation. Can also have government provided guarantee. 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. Ideas are nothing without financing. Insurance policy. RT: TM as collateral?

IP 40

IP Copying Due Diligence Registration 40

Kluwer Copyright Blog

JANUARY 18, 2022

The legislative project “seeks to ensure the best conditions for the provision of innovative digital services in the internal market, to contribute to online safety and the protection of fundamental rights, and to set a robust and durable governance structure for the effective supervision of providers of intermediary services”. 41(3)(b) DSA.

Copyright 128

Copyright Due Diligence Art Copyright Law 128

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

IIPRD

FEBRUARY 8, 2024

Given that IP rights are territorial and a particular cloud computing service can operate across multiple jurisdictions, it can be quite uncertain which IP regulations should govern activities in the cloud computing environment. Copyright laws, for instance, vary from jurisdiction to jurisdiction.

Intellectual Property 52

Intellectual Property IP Government Technology 52

TorrentFreak

JULY 23, 2023

That includes copyright infringement. NordVPN notes on its website that it “will only comply with requests from foreign governments and law enforcement agencies if these requests are delivered according to laws and regulations.” Some links in this article are affiliate links. So far, we haven’t had any such cases.

Privacy 140

Privacy IP Technology Reporting 140

TorrentFreak

MAY 18, 2022

As in the US, it is based on submissions from copyright holder groups that report on problematic sites and services. In addition to pointing out sites and services that blatantly engage in copyright-infringing activities, they also use the opportunity to request broader cooperation from third-party services.

Copyright 145

Copyright Due Diligence Law Government 145

Kluwer Copyright Blog

JUNE 19, 2023

Under traditional copyright law, the purchase of an NFT representing a work in which copyright subsists does not automatically confer copyright ownership in the underlying work ( the traditional approach ). Assignment The copyright owner may transfer the entirety of the copyright in the work to the purchaser by assignment.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

The IPKat

AUGUST 11, 2022

Last week, Kenya's government agency in charge of copyright matters, Kenya Copyright Board (KECOBO) published an advisory via its Twitter handle. KECOBO did mention that a work may be in the public domain because copyright has expired and companies should conduct due diligence before engaging in meme creation].

Social Media 93

Social Media Copyright Copyright Law Due Diligence 93

SpicyIP

DECEMBER 27, 2024

The Delhi High Court had issued a notice to the Union Government seeking a response on this matter. However, the MeitY finally gave way and brought out a new advisory replacing the old one that did away with the requirement of prior government approval. This instigated wide public outcry and the MeitY was compelled to reconsider.

Personality Rights 59

Personality Rights Due Diligence Registering Trademarks Social Media 59

IP and Legal Filings

DECEMBER 6, 2024

Take for instance Section 79(2) read with Section 89(2)(zg) of the IT Act, 2000, which mentions how Central Government’s authority is curbed only to establish the rule pertaining to the due diligence the intermediaries need to observe under the IT Act. JUDICIAL RECOGNITION Fairmount Hotels Pvt.

Copyright 52

Copyright Intellectual Property Social Media Television 52

Kluwer Copyright Blog

JANUARY 13, 2025

The German Federal Supreme Court (Bundesgerichtshof BGH) has ruled on the liability of online marketplaces for copyright infringement by their users when uploading copyright infringing photographs. Instead, liability remains governed by the criminal law principles of perpetration and participation.

Copyright 59

Copyright Cease and Desist Copyright Infringement Journalism 59

Kluwer Copyright Blog

DECEMBER 16, 2024

Before contracting with third parties for the use of data sets for GPAI model development, the Providers must conduct reasonable copyright due diligence. Compliance with the limits of the text-and-data mining (TDM) exception in Article 4 of Directive (EU) 2019/790.

Copyright Law 75

Copyright Law Due Diligence Copyright Technology 75