LexBlog IP

AUGUST 26, 2021

Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior to 1972. In a lawsuit that was originally filed in 2013 titled, Flo & Eddie, Inc.

Copyright Law 52

Copyright Law Copyright Law Ownership 52

JIPL Online

FEBRUARY 25, 2021

The point is that two different artists can each have a copyright in their own sound recordings of the same music or lyrics. As the music industry evolves, artists are looking to negotiate deals that allow them to maintain ownership of their masters so that they can have more flexibility in monetizing the very music they created. [5]

Music 98

Music Contracts Ownership Copyright Law 98

Velocity of Content

MARCH 16, 2023

I have often felt, however, that these issues were a bit of a misdirection, with at least part of the tech community treating the copyright community like dogs distracted by squirrels. Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

The IPKat

JANUARY 1, 2025

He kept readers informed about the latest developments in trade marks, designs, AI, and copyright law. EPO Case Law Updates Cohausz & Florack are offering two webinars about the case law of the European Patent Office, including procedural and substantive aspects of the recent decisions.

Ownership 62

Ownership IP Registration Intellectual Property 62

IPilogue

JUNE 14, 2022

At the heart of Taylor’s decision was an often overlooked but significant legal distinction in the copyright law governing the music industry. All music can be subdivided into three categories of copyright: lyrical, compositional, and sound. Look What You Made Me Do.

Music 119

Music Contracts Licensing Ownership 119

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright 138

Copyright Copyright Law Fair Use Law 138

Intellectual Property Law Blog

JANUARY 11, 2023

During litigation, the unredacted version may be used as evidence to support the ownership of the redacted portions in the registered mask work. The individual/entity must physically appear at the Copyright Office in Washington D.C. when the mask work is involved in litigation. source code) under copyright law.

Registration 130

Registration Designs Design Copying 130

LexBlog IP

AUGUST 26, 2021

Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior to 1972. In a lawsuit that was originally filed in 2013 titled, Flo & Eddie, Inc.

Copyright Law 40

Copyright Law Copyright Law Ownership 40

Technology & Marketing Law Blog

JANUARY 12, 2024

Some screenshots depicting the framing (the first image shows Google’s superimposed frame on the right; the second shows what happens if users click on the frame in the first image): If this issue sounds familiar, it’s because framing generated huge discussion in Internet Law circles… 20+ years ago. Why is this so hard???

Copying 98

Copying Ownership Derivative Work Contracts 98

CoCal IP Law Institute

NOVEMBER 8, 2023

Please join us on Monday, November 13, 2023 at Noon, where we will discuss the issue of master ownership and the legal copyright conflicts between record labels and artists. Taylor Swift may be the first to make this copyright issue truly public, leaving fans wondering who really owns Swift's music and why. She says she [.]

Copyright Law 52

Copyright Law Copyright Ownership Law 52

Traverse Legal Blog

MARCH 8, 2022

The image of the Crypto Punk linked to the NFT placed on to the blockchain is copyright protected. The art inside the gallery is protected by COpyright law. Copyrights protect original works of authorship, such as the digital asset being offered with the NFT. The gallery name is a trademark.

Non-Fungible Tokens 131

Non-Fungible Tokens Artwork Licensing Branding 131

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance.

Blogging 98

Blogging Copyright Settlement Ownership 98

TorrentFreak

AUGUST 3, 2023

.” The ‘Phony Infringement Notice Scheme’ DataCamp alleges that around October 2017, DISH began sending infringement notices to DataCamp after “concocting a scheme” with anti-piracy partner NagraStar and its law firm. Copyright Law. Copyright Office.”

Copyright Infringement 98

Copyright Infringement Settlement Copyright Copyright Law 98

Kluwer Copyright Blog

OCTOBER 17, 2023

From the output side, it is hotly debated whether content produced by a generative AI satisfies the protectability requirement under copyright law to trigger the exclusive protection. For this purpose, providers should publish a sufficiently detailed summary of the use of training data protected under copyright law.

Copyright 125

Copyright Art Copyright Law Licensing 125

The IPKat

JULY 11, 2021

As Kat readers may recall, in the Cofemel decision, the Court of Justice declined to impose any requirements, beyond being qualified as a “work”, for the existence of copyright protection. SpicyIP featured a post on the copyright ownership in State Board Textbooks. Both Juve Patent and Foss Patents blogs commented on this move.

Blogging 67

Blogging Non-Fungible Tokens IP Ownership 67

IP and Legal Filings

MARCH 5, 2025

4] Earlier last year, Mr. Rajat had also moved a Public Interest Litigation against the absence of legal mechanism to regulate deepfake technology in India and to mitigate its potential misuse. [5] (operating as INDIA TV), sought a permanent injunction restraining infringement of his personality and publicity rights. [2]

Personality Rights 84

Personality Rights Privacy Journalism Copyright 84

SpicyIP

OCTOBER 14, 2024

Other Posts Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? The defendant did not claim ownership of the “Levi’s” trademark and only denied selling such goods. Discussing the US decision in Hachette Book Group v.

Trademark 105

Trademark Registering Trademarks IP Copyright 105

SpicyIP

AUGUST 22, 2021

Zee Entertainment Enterprises refused to grant an interim injunction in a case involving the telecasting of certain films by Zee Entertainment on their satellite channels and OTT platform in which the plaintiff claimed ownership of copyright. News from India. You can read our posts on the report here , here , here , here and here.

Personality Rights 119

Personality Rights Reporting Social Media Branding 119

Kluwer Copyright Blog

APRIL 22, 2022

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here ). Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

Music 72

Music Copyright Derivative Work Ownership 72

IP Close Up

APRIL 23, 2024

The Beijing Internet Court (BIC) ruled late last year that an AI-generated image in an intellectual property dispute was a new artwork protected by Chinese Continue reading

Content Creation 75

Content Creation Artwork Intellectual Property Copyright Law 75

CoCal IP Law Institute

APRIL 11, 2024

Please join us Monday, April 15, 2024 at noon where we will discuss Federal Rule of Civil Procedure 68 (Rule 68) and the "open question" of whether post-offer attorney’s fees are part of the recoverable "costs" for a defendant, in particular, in copyright cases. I think defendants should be able to use the Rule 68 [.]

Copyright Law 40

Copyright Law Copyright Law Ownership 40

Kluwer Copyright Blog

NOVEMBER 16, 2023

Photo by Udo Pohlmann via Pixabay Over the last decades, European lawyers got used to the – at times remarkable and even forceful – interventions of the Court of Justice of the EU (CJEU) in copyright law. Whether to honour the digital exhaustion doctrine or not, has always seemed a matter of national or EU law.

Copyright 92

Copyright Copying Copyright Law Marketing 92

The IP Law Blog

NOVEMBER 12, 2021

So, clearly, the Cleveland Indians knew of the roller derby team’s ownership of the IP and exactly how it was used. Instead, as with most of these situations, it’s more likely that the matter will settle, and likely for more than the Cleveland baseball team would have paid pre-litigation. That’s an interesting fact to say the least.

Trademark 98

Trademark Social Media IP Intellectual Property 98

Copyright Lately

AUGUST 2, 2022

And unlike the vast majority of songwriters and performing artists who have relinquished ownership rights to musical publishers and record labels, Barlow & Bear decided to release “The Unofficial Bridgerton Musical” themselves, which means keeping more of the earnings. In the Supreme Court’s opinion in Petrella v.

Music 114

Music Derivative Work Fair Use Cease and Desist 114

The IPKat

MAY 17, 2023

The Court held that in the absence of directly comparable source code in a software copyright infringement and misuse case, records of conversations, meetings, timelines, and e-mails can be used to show ownership of copyright, highlighting the importance of keeping a record of this information. The agenda can be found here.

Designs 67

Designs Design Copyright Infringement Copyright 67

Biswajit Sarkar Copyright Blog

MAY 30, 2022

For instance, a seller could offer to turn the token into an actual transfer of copyright ownership of the original work. At this stage, it is however, hard to say whether a transfer of rights through NFTs would comply with the legal formalities required to transfer ownership under the copyright law.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

Biswajit Sarkar Copyright Blog

MAY 30, 2022

For instance, a seller could offer to turn the token into an actual transfer of copyright ownership of the original work. At this stage, it is however, hard to say whether a transfer of rights through NFTs would comply with the legal formalities required to transfer ownership under the copyright law.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

SpicyIP

SEPTEMBER 15, 2021

In the backdrop of these considerations, it is crucially necessitating, that every athlete possesses a litigative or compensational recourse of copyright preservation, for preventing other adversaries from exploiting or claiming rights to, or watering down the uniqueness of their celebratory move. Concluding Remarks.

Copyright 126

Copyright Marketing Marketing IP 126

LexBlog IP

APRIL 13, 2022

You may not get everything you think you’re entitled to get, and you may even be unknowingly exposing yourself and your company to costly litigation and unexpected competitors. Generally, the issues we will highlight for you pertain to: Copyright ownership. Copyright Ownership. Use of open source code.

IP 52

IP Due Diligence Ownership Licensing 52

Fish & Richardson Trademark & Copyright Thoughts

AUGUST 22, 2022

Practice area: Trademark and copyright. Law school and year of graduation: Emory University School of Law, 2014. Cheng: Before joining Fish as a trademark and copyright associate, I was an associate at Kenyon & Kenyon in New York, where I worked on patent litigation for about a year and a half. Vivian Cheng: 6.5

Litigation 52

Litigation Copyright Law Business Trademark 52

Technology & Marketing Law Blog

MARCH 29, 2023

It took eight months, but the ownership question of the photographs has been settled. However, it is not what I expected for the first case to be finally determined: Section 512(f) and an ownership dispute between former business partners. The Board looked to previous outcomes of litigants to make sure there was no windfall.

Blogging 105

Blogging Fair Use Copyright Copyright Notice 105

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

Traverse Legal Blog

JANUARY 17, 2025

Litigation : If necessary, pursue legal action to protect your rights. Here are some ways to harness its potential: Digital Watermarking : Add invisible marks to digital content to prove ownership in case of unauthorized use. Blockchain : Use blockchain technology to establish immutable records of ownership and timestamp creations.

Intellectual Property 52

Intellectual Property Cease and Desist Confidentiality IP 52

Intepat

OCTOBER 23, 2024

Retroactive and Prospective Assignment Agreement A prospective transfer of intellectual property rights (IPRs) is dependent on the occurrence of future events and is most commonly used in copyright law. Indian Scenario The Indian IP law does not explicitly recognize nor bar the existence of nunc pro tunc assignment agreements.

Intellectual Property 52

Intellectual Property Trademark Intellectual Property Law IP 52

The IP Law Blog

DECEMBER 2, 2021

Before turning to the differences in the expert witness reports, the district court examined the legal framework for a copyright infringement claim. 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.”

Copyright Infringement 98

Copyright Infringement Copyright Art Copying 98

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. Firstly, intellectual property rights grant startups exclusive ownership over their innovative ideas and inventions.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

LexBlog IP

JANUARY 11, 2023

During litigation, the unredacted version may be used as evidence to support the ownership of the redacted portions in the registered mask work. The individual/entity must physically appear at the Copyright Office in Washington D.C. when the mask work is involved in litigation. source code) under copyright law.

Registration 40

Registration Designs Design Copying 40