Dear Rich IP Blog

DECEMBER 15, 2020

You can't claim copyright in photos published before 1925 or in unpublished photos taken by photographers who died before 1950. These photos are in the public domain and free for anyone to copy. You can't claim copyright solely based on your ownership of a photo. Let's start with the things you can't do.

Public Domain 98

Public Domain Licensing Reporting Copying 98

Copyright Lately

APRIL 30, 2021

Nineties grunge-rock band Nirvana, already embroiled in a long-running legal battle against fashion company Marc Jacobs over its “happy face” t-shirt designs , now finds itself on the less happy end of a new copyright infringement lawsuit worthy of Dante’s trip through the underworld. It argues that when the U.S. version did.

Public Domain 85

Public Domain Copyright Copyright Notice Publishing 85

The IPKat

DECEMBER 31, 2023

This week’s big IP news is the New York Times suing OpenAI and Microsoft for copyright infringement, trademark dilution and other violations of existing laws. As with most current cases related to AI’s copyright infringement, this one will most likely result in the issuance of a landmark ruling.

Intellectual Property 67

Intellectual Property Intellectual Property Law Public Domain Copyright Infringement 67

TorrentFreak

AUGUST 10, 2023

Copyright infringement lawsuits against pirate IPTV providers and those accused of assisting them, usually have a few common elements. DataCamp Paused…Then Came Out Swinging Late July, DataCamp filed its answer and delivered a bombshell allegation: DISH has no standing to sue for copyright infringement.

Settlement 82

Settlement Confidentiality Copyright Infringement Public Domain 82

TorrentFreak

AUGUST 26, 2022

Many digital file formats allow creators to embed additional data to provide details of ownership or any other relevant information. The DMCA recognizes metadata (and other related marks) as Copyright Management Information (CMI) when “conveyed in connection with” a creative work. Copyright Management Information.

Moral Rights 133

Moral Rights Copyright Public Domain Copyright Infringement 133

IP and Legal Filings

MAY 3, 2024

Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. Understanding legal and fair use is especially important in academic settings because dissemination of information often requires the use of evidence.

Fair Use 103

Fair Use Copyright Privacy Copying 103

Intepat

OCTOBER 6, 2024

Based on this information, it can be ascertained that practicality is an important aspect of the invention to be patented. A patent can be granted when the invention meets certain criteria: Novelty: it must be new and not available in the public domain. and in a way that it must be new and not available in the public domain.

Patent 52

Patent Invention Public Domain Intellectual Property 52

TorrentFreak

NOVEMBER 9, 2021

The application, which sought discovery of information for use in a foreign proceeding ( 28 U.S. Earlier DMCA Subpoena Forced Cloudflare to Hand Over Information. Among other things, it contains IP addresses, email addresses, and login times related to the domains and user Shueisha is trying to track down.

IP 131

IP Public Domain Copyright Infringement Publishing 131

SpicyIP

AUGUST 29, 2024

Furthermore, instructing field units to act against copyright societies for demanding royalties or fees disrupts the enforcement mechanisms established by the Act, making the Circular more than just informational. As has been pointed out by Prof.

Due Diligence 82

Due Diligence Copyright Copyright Infringement Government 82

TorrentFreak

DECEMBER 4, 2022

On Sunday he informed TorrentFreak that he’s also an independent film composer and producer, working with music production libraries, and distributing to the main music platforms. After filing his counternotice with YouTube, Bruno was informed that since he’d provided insufficient information, YouTube could not process it.

Licensing 144

Licensing Music Copyright Public Domain 144

IP and Legal Filings

APRIL 20, 2023

Secondly, work generated by AI without human interference, when input is not given by the human to the work generated by AI, then the ownership as well as authorship will be given to the developer of the program creating AI that is to the person who holds copyright over the AI software.

Ownership 70

Ownership Moral Rights Public Domain Intellectual Property 70

Intepat

APRIL 18, 2022

Copyright not only acts as prima facie evidence in case of copyright infringement , but It also enables one to claim statutory damages. The copyright owner is eligible for a certain amount for every infringement. The registration certificate will give you a stronger position in court regarding copyright ownership.

Copyright 52

Copyright Public Domain Registration Ownership 52

Biswajit Sarkar Copyright Blog

AUGUST 3, 2023

The copyright comes into existence automatically as soon as the original work is created. But, by registering copyright, additional benefits and stronger legal protection can be achieved in case of any copyright infringement. There is a mandatory waiting period to allow for any objections to be raised by the public.

Registration 52

Registration Copyright Artistic Work Ownership 52

IP and Legal Filings

JANUARY 23, 2023

Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. Image Sources : Gettyimages] One of the important issues in online is copyrights.

Non-Fungible Tokens 92

Non-Fungible Tokens Copyright Intellectual Property Ownership 92

Biswajit Sarkar Copyright Blog

MAY 30, 2022

These codes make up small bits of information. The second type is where the entirety of the work is uploaded on the blockchain, this is less commonly used as uploading information on the blockchain is an expensive affair. How does Copyright come into the picture?

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

Biswajit Sarkar Copyright Blog

MAY 30, 2022

These codes make up small bits of information. The second type is where the entirety of the work is uploaded on the blockchain, this is less commonly used as uploading information on the blockchain is an expensive affair. How does Copyright come into the picture?

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

JIPEL Copyright Blog

MARCH 9, 2022

AR involves overlaying the user’s view of (actual) reality with digital information and/or data – think Instagram filters; VR allows the user to experience and interact with a simulation projected on a head-mounted display as if it were their reality. For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

Moral Rights 52

Moral Rights Fair Use Art Derivative Work 52

IIPRD

SEPTEMBER 29, 2022

It’s an intellectual property, if an individual owns the copyright to something, then he’s the only owner of it and also the decider that who can copy it. Despite technological measures and legal frameworks, combating copyright infringements continues to be a serious challenge in cyberspace.

Copyright 52

Copyright Intellectual Property Copying Music 52

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 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. Minimize database rights to favour access to and use of digital works.

Database Right 52

Database Right Licensing Public Domain Artwork 52

SpicyIP

NOVEMBER 10, 2023

Image by jcomp on Freepik On November 3, 2023, Ministry of Information and Broadcasting issued a notification (see here ), establishing an ‘ institutional mechanism of Nodal Officers’ , under Sec. First , the amendment seeks to create an artificial distinction between Piracy and Copyright Act. 243 of ‘ Create Copy or Disrupt ( here).

Copying 52

Copying Copyright Copyright Infringement Fair Use 52

Kluwer Copyright Blog

AUGUST 12, 2021

The so-called “conditional irresponsibility” of online content-sharing service providers (OCSSPs) with regards to copyright infringements is a never-ending, vexing, and daunting topic not only for scholars (see here , here , here and here ), but also for the European Court of Justice itself (CJEU). 147 ECL) and moral rights (art.

Copyright 101

Copyright Moral Rights Copyright Infringement Marketing 101

43(B)log

OCTOBER 4, 2021

Restellini alleged copyright infringement and related claims in connection with WPI’s digitization of certain material about the artist Amodeo Modigliani. WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising.

False Advertising 59

False Advertising Artwork IP Advertising 59

Intepat

SEPTEMBER 15, 2023

Some argue that AI art lacks true originality and creativity, leading to debates about whether it should be eligible for copyright protection or if it should be considered a mere replication of existing content.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

SpicyIP

JULY 17, 2023

The court, however, dismissed the application holding that the impugned film was based on information in the public domain and clarified that the publicity and privacy rights are not heritable and died with the late actor. Petersburg. The Commercial Court relied on Ultra Homes v.

Personality Rights 78

Personality Rights Copyright Patent Copyright Infringement 78

Kluwer Copyright Blog

OCTOBER 17, 2023

In a nutshell, generative AI raises two main copyright issues that branch off into further sub-problems which in turn intercept (if not collide with) some fundamental rights, especially freedom of artistic expression, freedom of art and science and the right to science and culture (Arts. 11 and 13 EUCFR , 19 UDHR , 27.1 UDHR, and 15.1

Copyright 120

Copyright Art Copyright Law Licensing 120

IP Intelligence

AUGUST 15, 2023

Establishing Scope of Copyright The Copyright Office will rarely seek additional information about the differences between the disclaimed and claimed matter for registration. These questions normally arise, if at all, when copyright is enforced, which means that for many copyrighted works, this ends up being a nonissue.

Registration 52

Registration Copyright Copying Editing 52

SpicyIP

APRIL 17, 2023

Of the new list of defendants who are sought to be impleaded, it was informed that channels of the defendant no. Bombay High Court clarifies that plaintiff must disclose confidential information to the court in cases where a breach of confidentiality is asserted. Rochem Separation Systems (India) Pvt. Teva, Viatris win U.S.

Advertising 95

Advertising Advertising Confidentiality Trademark 95

SpicyIP

JANUARY 8, 2024

Wrapping up the first week of 2024, here is a brief recap of our hard-hitting post on TKDL, the detailed comments on the draft Calcutta High Court IPR Division Rules, and an informative take on scandalous and obscene trademark prosecution in India. Associated Broadcasting Company Ltd.

Trademark 59

Trademark Registering Trademarks Public Domain Registration 59

IP and Legal Filings

SEPTEMBER 12, 2022

Author of Copyright. Under section 21 of the Act, the author has the right to relinquish all their privileges under the copyright post informing the registrar of copyrights and these rights shall stop from the minute the same is done (no royalties or infringement etc.). Ownership of Copyright. Corel Corp.

Art 52

Art Copyright Artistic Work Public Domain 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

The Second Circuit now takes “a restrictive view” of the extra elements that would make a contract claim qualitatively different from copyright, and therefore not subject to preemption. “[W]e Thomson Reuters sued for both copyright infringement and tortious interference with a contract (in inducing a third party to breach Westlaw’s terms).

Blogging 92

Blogging Copyright Contracts Cease and Desist 92

Selvam & Selvam Blog

SEPTEMBER 23, 2024

You can also try contacting Record labels and Music Licensing agencies, as songs are now recorded by popular Record Labels who might be managing the copyrights over the song or would be able to provide the contact information of the original owners. Then the situation becomes tricky.

IP 52

IP Licensing Cease and Desist Music 52

Velocity of Content

JULY 8, 2021

As I dug down further on the topic, I ended up tumbling down a bit of a rabbit hole concerning certain nooks & crannies of copyright that I hadn’t known much about; at that point, I thought it might be useful (to some) and interesting (to others) to share them here. Public Domain work. Image Attribution: John Tenniel (1865).

Copyright 81

Copyright Blogging Intellectual Property Registration 81

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. All of these facts placed Defendant on actual notice that it was highly likely that, in fact, Plaintiff’s Sticker Sheet was not infringing the Subject Design.

Registration 124

Registration Fair Use Copyright Design 124

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. Barlow & Bear claim copyright ownership in “The Unofficial Bridgerton Musical.”

Music 104

Music Derivative Work Fair Use Cease and Desist 104

SpicyIP

NOVEMBER 16, 2023

The court reiterated that originality is the linchpin for copyright protection, meaning work must originate from the author to be eligible for safeguarding (discussed here , here , and here ) and asserted that eventually the expression of the ideas is protected and not the ideas themselves. Modak case.,

Copyright 59

Copyright Marketing Marketing Copying 59

TorrentFreak

DECEMBER 1, 2023

Six causes of action including copyright infringement, trafficking in circumvention devices contrary to the DMCA, trademark violations, and unfair competition, encouraged three defendants to settle with Bungie. However, with Ring-1 still in business, more work lay ahead. However, with Ring-1 still in business, more work lay ahead.

Public Domain 120

Public Domain Copyright Infringement Privacy Reporting 120