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. copyright law. version did.

Public Domain 91

Public Domain Copyright Copyright Notice Publishing 91

TorrentFreak

AUGUST 10, 2023

Copyright infringement lawsuits against pirate IPTV providers and those accused of assisting them, usually have a few common elements. Similar Lawsuit, Unusual Answer A lawsuit filed by US broadcaster DISH against UK-based DataCamp claimed that the CDN company failed to take meaningful steps to prevent ongoing infringement.

Settlement 98

Settlement Confidentiality Copyright Infringement Public Domain 98

Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. Nonetheless, Shah has not alleged authorship under current Seventh Circuit law and the Court dismisses his copyright infringement claim. (To

Copyright 124

Copyright Fair Use Licensing Ownership 124

Velocity of Content

FEBRUARY 26, 2025

This article originally appeared in the Scholarly Kitchen Back in March of 2023, when there were only a handful of cases alleging copyright infringement for training purposes by AI companies, I predicted that we would soon have some guidance from the court in Thomson Reuters Enterprise Center GMBH and West Publishing Corp.

Fair Use 52

Fair Use Copying Licensing Copyright 52

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. The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Diebold from 2004, which led to a $125k damages award.

Registration 132

Registration Fair Use Copyright Designs 132

LexBlog IP

DECEMBER 2, 2021

The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement claim or to depart from this approach and apply the Second Circuit’s “ordinary observer” test instead.

Copyright Infringement 52

Copyright Infringement Copyright Art Copying 52

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. Microsoft Corp.,

Intellectual Property 72

Intellectual Property Intellectual Property Law Public Domain Copyright Infringement 72

SpicyIP

FEBRUARY 9, 2023

Supreme Court of India , which dealt with issues of confidentiality, privacy (prior consent) of litigants and witnesses, restrictions on access to proceedings of trials and the preservation of the larger public interest due to the sensitivity of the proceedings. These are based on the principles set forth in Swapnil Tripathi v.

Copyright 136

Copyright Government Law Editing 136

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

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 125

Copyright Art Copyright Law Licensing 125

IP and Legal Filings

MARCH 31, 2023

Introduction In order to determine copyright infringement , the ‘substantial similarity test’ has routinely been employed by the US Courts. Unprotectable elements such as ideas, concepts and elements in the public domain are filtered out of this test. One such case is the case of Alfred v. Walt Disney Co.

Copying 95

Copying Cinema Public Domain Copyright 95

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. to challenge each and every actionable infringement. Even better, it’s in the public domain.

Music 112

Music Derivative Work Fair Use Cease and Desist 112

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

Kluwer Copyright Blog

APRIL 25, 2024

Lawyer Maya Madeiros explained to the Committee that copyright law had the potential to become a serious obstacle to AI’s development: AI learns to think by reading, listening and viewing data, which can include copyrighted works such as images, video, text and other data.… data —reside).

Copyright 75

Copyright Government Copyright Law Reporting 75

Biswajit Sarkar Copyright Blog

MAY 30, 2022

From the above description of NFTs, it may be hard to imagine any copyright related issues as these tokens are metadata files that have been encoded using a piece of work that may or may not be subject to copyright protection. Although in principle, a NFT of a trademark or any work in public domain can be created.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

Biswajit Sarkar Copyright Blog

MAY 30, 2022

From the above description of NFTs, it may be hard to imagine any copyright related issues as these tokens are metadata files that have been encoded using a piece of work that may or may not be subject to copyright protection. Although in principle, a NFT of a trademark or any work in public domain can be created.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

JIPEL Copyright Blog

MARCH 9, 2022

Perhaps one of the most salient legal issues is whether there is copyright infringement or a violation of the Visual Artists Rights Act of 1990 (“VARA”) in the virtual modification (e.g., addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive.

Moral Rights 52

Moral Rights Fair Use Art Derivative Work 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. Rights holders would however keep the right to request injunctive relief (without damages) if/when they allege that these operations infringe their rights.

Database Right 52

Database Right Licensing Public Domain Artwork 52

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

DECEMBER 13, 2023

Zeidenberg is very clear with respect to copyright preemption. If nothing else, litigants know where they stand in these jurisdictions. 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

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

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. Comedian Vir Das, Netflix booked for copyright infringement.

Trademark 105

Trademark Patent Copyright Design 105

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

LexBlog IP

FEBRUARY 28, 2022

Following Prince’s sudden and untimely death in 2016, the Warhol Foundation, successor to the copyright in the Prince Series, licensed to Condé Nast one of the Prince Series images for use in a commemorative magazine titled The Genius of Prince , which featured on its cover the image from the Prince Series. Xpectation” [37] : Takeaways.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

IP Intelligence

AUGUST 15, 2023

These questions normally arise, if at all, when copyright is enforced, which means that for many copyrighted works, this ends up being a nonissue. But when copyright is enforced in litigation, the inability of the copyright owner to identify the protectable elements of the registered work is fatal. 4th 1319 (Fed.

Registration 52

Registration Copyright Copying Editing 52

LexBlog IP

MAY 19, 2023

This decision underscores the significance of the commercialization of derivative works in copyright infringement disputes. This case emphasizes the importance of understanding the terms of licensing agreements and their legal implications in the context of copyright law, particularly when derivative works are involved.

Fair Use 40

Fair Use Art Licensing Derivative Work 40

Technology & Marketing Law Blog

JUNE 20, 2023

Thus, if an artist creates a derivative work based on a photograph unlawfully , and copies of that derivative work are reproduced and distributed to the public, the owner of copyright in the photograph is entitled to sue for copyright infringement and to recover remedies for the unlawful use of their photograph.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

LexBlog IP

AUGUST 23, 2023

But the entire Morford analysis revolved around the 11 th Circuit’s “abstraction-filtration-comparison” test, described as “initially developed to review claims of copyright infringement relating to novels and plays but also applied in contexts such as software programming.” ” Id. Morford , at 11.

Copyright 52

Copyright Art Copying Derivative Work 52

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

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. Based solely on the complaint that was filed, there are six major issues raised by the case: First, were the recorded interviews a copyright-eligible “work of authorship”?

Copyright 131

Copyright Blogging Publishing Fair Use 131

43(B)log

AUGUST 8, 2024

Insult as litigation strategy: Jim Henson made sure to mock Spam in the Muppets case. Copyright infringement claims: uncertainty creates enormous risk for ML developers. Therefore, countervailing stories about competition and property would be good—the public domain as property. But outright mocking does better.

IP 59

IP Fair Use Privacy Licensing 59