Copyright Lately

APRIL 30, 2021

Here’s why determining the copyright status of old foreign works can be a hellish undertaking. The new lawsuit raises a host of complicated legal issues that, while exciting for copyright nerds like me, are often a nightmare to litigate. copyright law. without a copyright notice. Move over smiley face.

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TorrentFreak

AUGUST 17, 2024

This applies to photographers, artists, music companies, journalists, and authors, some of whom formed groups to file copyright infringement lawsuits to protect their rights. Authors sued NVIDIA Earlier this year, several authors sued NVIDIA over alleged copyright infringement. The authors clearly have a different take.

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IP Close Up

AUGUST 20, 2024

and other power brands will be entering the public domain at an alarming rate between Continue reading Iconic characters from Disney, Marvel and DC Comics (Warner Bros.)

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Public Domain Branding Branding Brands 98

Copyright Lately

FEBRUARY 17, 2025

Ross Intelligence will get plenty of second looks from courts deciding fair use in generative AI copyright cases. As a threshold issue, Judge Bibas found that Westlaws headnotes were original enough for copyright protection. ” should I be able to copyright that? Judge Bibass second take in Thomson Reuters v.

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IP Close Up

JANUARY 9, 2024

The most anticipated entry to the public domain, “Steamboat Willie,” an animated short featuring and early incarnation of Mickey Mouse, became available royalty-free to all Continue reading

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TorrentFreak

SEPTEMBER 28, 2023

The new technology also brings up novel copyright issues. According to the tech company, there are no viable claims for vicarious copyright infringement, DMCA violation, unfair competition, and unjust enrichment. copyright law. Among its arguments to dismiss the claims, the AI company cited fair use.

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Copyright Lately

JANUARY 13, 2023

had a dream—and a copyright. The answer, my friends, is copyright. Yes, in addition to being a noted clergyman and civil rights leader, Dr. King was a copyright litigant. General Publication vs. Limited Publication. Martin Luther King, Jr. Both still live on today. Martin Luther King, Jr. Mister Maestro.

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SpicyIP

FEBRUARY 9, 2023

One of the ways whereby the court aims to curtail misuse of the recordings of court proceedings is by claiming copyright on these recordings. In this post, SpicyIP intern Niyati Prabhu discusses the issues surrounding access to law and the dilemma surrounding copyright. Niyati Prabhu is a second year student pursuing B.A.LL.B.

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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. We know that he doesn’t have any copyright in the photos just because he appears in them (that would be an Innocence of Muslims redux ).

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SpicyIP

JULY 3, 2022

Akanksha Badika on the unresolved issues surrounding the term of the copyright in sound recording/cinematograph film and underlying work(s) under the Copyright Act, 1956. Their practice predominantly revolves around copyright law, litigation and advising on all matters related to films that are emanating from script to screen.

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IP and Legal Filings

MARCH 10, 2023

Introduction It is an established notion that in case of a cinematograph film (Section 26) or a sound recording (Section 27), the Copyright stays for as long as 60 years, while literary or musical works enjoy Copyright for the lifetime of author and 60 years thereafter (Section 22).

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Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). 11 and 13 EUCFR , 19 UDHR , 27.1 UDHR, and 15.1

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IP and Legal Filings

MARCH 5, 2025

(operating as INDIA TV), sought a permanent injunction restraining infringement of his personality and publicity rights. [2] 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]

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Personality Rights Privacy Journalism Copyright 84

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. The answer is no.

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43(B)log

OCTOBER 9, 2023

28, 2023) Cap Export alleged that Zinus fraudulently obtained a patent after Zinus used the public domain bed-in-a-box sets of a non-party as the basis for its patent application. The underlying patent litigation allegedly fraudulently induced Cap Export to enter into a $1.1 Zinus, Inc., 2023 WL 6381821, No. and to Amazon.

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Velocity of Content

JULY 8, 2021

In March, 2019, the US Supreme Court released its decision in Fourth Estate Public Benefit Corp. While reading this decision – authored by the late Justice Ginsberg — it occurred to me that it might have immediate application to the routines regular bloggers (and podcasters ) use to protect their work under copyright.

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Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

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Kluwer Copyright Blog

APRIL 25, 2024

Over the same period, however, the government’s messaging around Canada’s AI- copyright policy has been anything but consistent. It is unclear whether the use of copyrighted works for training an AI system is considered copyright infringement if the…owner’s permission is not obtained.…

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Copyright Government Copyright Law Reporting 75

IP Tech Blog

MAY 18, 2023

Because defendant World Programming Limited (“WPL”) had shown that some elements of plaintiff SAS Institute’s (“SAS”) software were not copyrightable, Judge Gilstrap found that SAS bore the burden of pointing to specific protectable elements that the jury could compare to the accused software to determine infringement.

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The IP Law Blog

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. In Johannsongs-Publishing, Ltd.

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Technology & Marketing Law Blog

DECEMBER 15, 2021

A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. The DMCA’s main counterbalance to copyright owner overreach was supposed to be 512(f).

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Registration Fair Use Copyright Design 132

Technology & Marketing Law Blog

MAY 13, 2024

By Kieran McCarthy Elon Musk may have done more to open the Internet to web scraping than any person or public interest advocacy group. This creates powerful new precedent that will make it easier for web scrapers to prevail in litigation and will make it much harder for websites to prevent scraping. That’s what copyright law is for.

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Blogging Contracts Cease and Desist Social Media 123

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.

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Kluwer Copyright Blog

FEBRUARY 22, 2022

When we launched the Copyright Evidence Portal , our ambition was no less than to create a catalogue of all existing empirical studies about copyright. We invited experts to offer a synthesis of empirical evidence catalogued on the Evidence Portal in response to 21 topical copyright questions of importance for the 21 st century.

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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.

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Olartemoure Blog

MAY 26, 2023

This incident has ignited a broader debate concerning the utilization of public domain artworks for commercial purposes. The ensuing litigation unfolded in the Court of Rome, where it was determined that cultural heritage serves as an expression of national identity.

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Art Copyright Public Domain Copyright Law 52

Biswajit Sarkar Copyright Blog

MAY 30, 2022

In this article we understand the relationship between NFTs and copyright. How does Copyright come into the picture? Although in principle, a NFT of a trademark or any work in public domain can be created. Let us now understand how copyright can play a role for some NFTS. What is NFT?

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LexBlog IP

MAY 18, 2023

Because defendant World Programming Limited (“WPL”) had shown that some elements of plaintiff SAS Institute’s (“SAS”) software were not copyrightable, Judge Gilstrap found that SAS bore the burden of pointing to specific protectable elements that the jury could compare to the accused software to determine infringement.

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Copyright Public Domain Copying Litigation 52

Biswajit Sarkar Copyright Blog

MAY 30, 2022

How does Copyright come into the picture? 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.

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Non-Fungible Tokens Copyright Ownership Social Media 52

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.

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LexBlog IP

FEBRUARY 29, 2024

Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. It is no surprise that the legalities of the public domain are more complicated than the headlines suggest. Copyright terms have been on a steady upward march.

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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. First, as far as copyright cases go, this one’s easy.

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Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). Guy Rub , The Ohio State University Michael E. ML Genius v.

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Blogging Contracts Copyright Law Copyright 98

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.

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IP Intellectual Property Copyright Trademark 143

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.,

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SpicyIP

JULY 13, 2021

However, the absence of a formal codification or determinative theory of post mortem publicity rights in India, depicts that they have not gained the necessary traction and a firm legal foothold as demanded. Another point of engagement was the copyrightability of a celebrity’s life.

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Privacy Personality Rights Moral Rights Copyright 105

43(B)log

FEBRUARY 4, 2023

Akshat Agrawal, Copyright's distortive effects Copyright directs investment to excludable assets. Carys Craig, Copyright & Gender: Philosophy, Proof & Praxis Book chapter: research agenda for feminist copyright. I could think that copyright is relatively neutral in an incredibly sexist society.

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