IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Therefore, DCs cannot be freely transacted in the Chinese market.

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IP Ownership Non-Fungible Tokens Copyright Law 109

Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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Fair Use Licensing Cease and Desist Derivative Work 130

IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms. Goldsmith, Andy Warhol not only used Ms.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

IP and Legal Filings

DECEMBER 23, 2024

RELEVANT LAWS While the Fair Use of Copyright Doctrine has been codified under Section 52 of the Indian Copyright Act, 1957, Indian courts frequently assess the facts and circumstances of each case by referring to the four doctrinal factors laid under Section 107 of the US Copyright Law.

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Fair Use Derivative Work Journalism Copyright Infringement 52

Copyright Lately

AUGUST 14, 2023

Kat Von D’s Motion In its previous ruling on the parties’ motions for summary judgment , the court found triable issues of fact with respect to both the first fair use factor (purpose and character of the use) and the fourth (effect of the use upon the potential market).

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Fair Use Social Media Licensing Marketing 91

Patently-O

DECEMBER 11, 2023

Substance of the Samuelson, Sprigman, Sag Reply Comments: We should begin by noting our appreciation for the FTC’s work enforcing both federal antitrust and consumer protection laws and helping to lead policy development in both areas. Under governing law, that is a judicial function. As we explained in our initial Comments, U.S.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

SpicyIP

SEPTEMBER 4, 2023

on 21 August, 2023 (Delhi High Court) Considering, inter alia, that the appellant’s products were available in the market before the institution of the suit, a Division Bench of the Delhi High Court held that the appellant should have been accorded an opportunity to oppose the ad interim injunction application. Dabur India Ltd.

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43(B)log

FEBRUARY 4, 2023

Fair uses tend to divide into buckets: justified by new work; justified by project. New work: Derivative work or embedding work: Cambpell v. Use is justified by context of being placed in new work. Not suggesting that “work” and “project” are exhaustive categories. Prince is work plus embodiment.

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IP and Legal Filings

JANUARY 23, 2023

Parallel to this, Non-Fungible Tokens, often known as NFTs, have seen tremendous growth as more and more people enter the market. v] Prior to the development of NFTs, artists depended on non-traditional legal and financial frameworks to drive the art market.

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LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law. copyright law.

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Fair Use Derivative Work Copyright Law Art 52

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. ” Unbeknownst to Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

LexBlog IP

MAY 22, 2023

” Goldsmith’s photograph was then licensed to Vanity Fair in 1984 for $400 as a “one time” “artist reference for an illustration.” Photographer Lynn Goldsmith photographed Prince for Newsweek , when the now-iconic musician was still only an “up and comer.” § 107 ).

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Fair Use Art Derivative Work Copyright Infringement 52

Kluwer Copyright Blog

DECEMBER 5, 2022

While creating AR experiences, so-called markers provide information on the real-world element of reference to be overlapped with digital images. As a result, AR may be attractive not only to potential users of the cultural heritage-related services, but also for market operators with commercial interests.

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Copyright Public Domain Art Moral Rights 105

IP and Legal Filings

JUNE 29, 2024

With reference to the monetization through the YouTube video, the court stated that such humorous renditions, are not merely entertainment but also a source of livelihood for various content creators especially the youth. Shroff’s powerful demeanor. In India, personality rights are not formally recognised. Rajagopal v.

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Personality Rights Fair Use Privacy Intellectual Property Law 98

Copyright Lately

MAY 22, 2023

Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.

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Fair Use Licensing Copying Artwork 96

IP Tech Blog

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. The brief further argued that the term METABIRKINS refers both “to the context in which he makes the art available (i.e., Also consider international markets.

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Trademark Non-Fungible Tokens Brands Branding 62

SpicyIP

JUNE 26, 2024

The Draft National Policy for Persons with Disabilities also provides for the need to develop accessible e-content for all course curriculum and reference book materials. Section 42 of the Act places an obligation on the appropriate government to ensure that all contents available in audio, print and electronic media are in accessible format.

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Copyright Copying Publishing Cinema 81

Copyright Lately

DECEMBER 24, 2023

In addition, the plaintiff hadn’t alleged that the market for her tattoo was in any way affected by Netflix’s blink-and-you’ll-miss-it use of her work. Cramer didn’t get her ten million, but hey—at least her husband has that tattoo as a souvenir. ” Jones v.

Copyright 111

Copyright Copyright Infringement Music Fair Use 111

LexBlog IP

MAY 19, 2023

” The Court noted that the “bundle of exclusive rights” granted to a copyright holder includes rights to produce “derivative works.” ” Thus, to “preserve” the right to derivative works, a “transformative” fair use must “go beyond that required to qualify as a derivative.”

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Fair Use Derivative Work Licensing Copyright Infringement 40

Copyright Lately

APRIL 19, 2022

Nation Enterprises boldly proclaimed that the effect of the use upon the potential market for or value of the copyrighted work was “undoubtedly the single most important element of fair use.” But this problem can be avoided so long as judges are discerning about distinguishing between legitimate markets from speculative ones.

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Fair Use Art Copyright Derivative Work 82

Technology & Marketing Law Blog

JANUARY 17, 2024

The plaintiff gets an expensive lesson in the law of derivative works. * * * UIRC offers bonds using a private placement memorandum (PPM) and an indenture of trust. There was no question about the copying–the revised William Blair documents sloppily retained references to UIRC). William Blair & Co. ,

Copyright 71

Copyright Copying Copyright Infringement Editing 71

Kashishipr

JULY 13, 2022

On the other hand, VR refers to a way of generating realistic sounds, images, and other sensations leading people to the middle of an imaginary world. The question in this scenario is whether this process infringes upon the right to create a derivative work of the physical object? It is the primary technology of the metaverse.

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Intellectual Property IP Copyright Infringement Copyright 72

LexBlog IP

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Is this the same in the US and China? The United States.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. This ownership interest in the creative work is balanced with the general public’s need to access the creative arts and exercise First Amendment rights. .”

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

LexBlog IP

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. ” The brief further argued that the term METABIRKINS refers both “to the context in which he makes the art available (i.e.,

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Brands 52

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

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Derivative Work Copyright Law Copyright Law 111

SpicyIP

MAY 23, 2024

However, J Krishna Iyer’s otiose , as he referred to it, footnote to the judgement highlighted the need for legislative exploration to protect the rights of musicians. He, rightfully, opined that ‘ twin lights can co-exist” for “ composer alone has copyright on a musical work.”

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Music Licensing Copyright Moral Rights 59

43(B)log

AUGUST 9, 2024

seems like this is going to have trouble with derivative works] Amanda Levendowski, Fairer Public Benefit Bias and harms of works aren’t taken into account in fair use analysis: recruits a legal tool typically aimed at one set of problems for the purpose of cleverly addressing a different set of problems. Goldsmith’s photos).

Fair Use 59

Fair Use Marketing Marketing Licensing 59

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. Easing the Marketing Process: Developing brand awareness for your company requires using intellectual property.

Intellectual Property 59

Intellectual Property Design Designs Artwork 59

Copyright Lately

MAY 1, 2023

Uberduck’s interface allows users to upload reference tracks or even convert text directly to speech. ” Michael Nash, April 26, 2023 It’s unclear who exactly Nash was referring to when he said that “we” have remedies including under trademark and right of publicity law. ” VMG Salsoul, LLC v.

Music 90

Music Copyright Copying Copyright Law 90

Kluwer Copyright Blog

APRIL 3, 2024

These were used as part of a marketing campaign by Tesco to indicate to customers which products were subject to discounted prices for Clubcard holders. Source here However, Arnold LJ found that the Stage 3 Work was “sufficiently original” to attract copyright protection, while noting that “scope of protection conferred […] is narrow” [194].

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Copyright Infringement Copyright Copying Artistic Work 49

LexBlog IP

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” Here, the statutory language is clear that materiality is now to be determined solely by reference to the Copyright Office. Factual and Procedural Background. 3d 1194 , 1196 (9th Cir.

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LexBlog IP

MAY 31, 2023

Goldsmith later granted a limited, “one time” license to Vanity Fair in 1984 for the magazine to use the photograph as an artist reference. In addition to the work commissioned by Vanity Fair, Warhol made 15 other works based on Goldsmith’s photograph (known as the “Prince Series”).

Fair Use 52

Fair Use Licensing Copyright Editing 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market. What are Intellectual Property Rights (IPRs)?

Intellectual Property 52

Intellectual Property Cease and Desist Invention Brands 52

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. Easing the Marketing Process: Developing brand awareness for your company requires the use of the intellectual property.

Intellectual Property 52

Intellectual Property Design Designs Artwork 52