CoCal IP Law Institute

AUGUST 5, 2021

On Monday, August 9, 2021, Chris Kopitzke will lead a discussion of the Copyright Office’s refusal to register the most recent version of the Golden Globe statuette, and the Trademark Trial and Appeal Board’s finding that evidence submitted to prove non-use of a trademark was insufficient to establish a prima facie case of abandonment.

Derivative Work 40

Derivative Work Trademark Copyright Registration 40

SpicyIP

DECEMBER 15, 2023

Subject work on which copyright registration was sought. The Copyright Office had earlier refused registration for the artwork for lack of human authorship necessary to support a copyright claim. Interestingly, the artwork also led to controversy in India when it was granted registration in November 2020.

Artwork 58

Artwork Registration Artistic Work Derivative Work 58

The IPKat

JANUARY 26, 2023

This phenomenon illustrates the commercial potential of derivative works within the copyright system. Nedim Malovic analysed a recent decision of the EUIPO regarding the registration of Charlie Chaplin’s character “Charlot” as an EU trade mark (EUTM). Neil Wilkof focused on the phenomenon of the cross-media franchise.

Derivative Work 78

Derivative Work Invention Registration Related Rights 78

Kashishipr

SEPTEMBER 15, 2021

Furthermore, the registration of the ‘Carlton dance’ routine, performed in ‘The Fresh Prince of Bel-Air’ by the performer Alfonso Ribeiro, was rejected by the US Copyright Office since it was a mere combination of three different dance steps. Why Consider Registering a Copyright?

Copyright 105

Copyright Registration Music Copyright Law 105

Copyright Lately

AUGUST 25, 2023

Howell ruled last Friday that the Register of Copyrights did not act “arbitrarily or capriciously” in denying a copyright registration to Dr. Stephen Thaler for artwork generated entirely by artificial intelligence. In a decision that surprised exactly no one, D.C. District Court Judge Beryl A. What is Unclaimable Material?

Derivative Work 87

Derivative Work Registration Copyright Public Domain 87

JD Supra Law

JULY 25, 2023

This week, the Court considers the requirements of the Robinson-Patman Price Discrimination Act and whether copyright registration of a derivative work registers elements of the work derived from an earlier, unregistered work. By: Morrison & Foerster LLP - Left Coast Appeals

Derivative Work 52

Derivative Work Copyright Registration 52

SpicyIP

SEPTEMBER 16, 2024

The viability of title registrations with societies and guilds has also been a major aspect of discussion for film title registrations. These entities generally do a check to avoid duplication before registration, however, such registration lacks legal sanctity. Lyca Productions v. Does the Plaintiff Have a Trademark?

Registration 104

Registration Television Trademark Trademark Law 104

The IPKat

JUNE 7, 2022

Background Andy Stone (performing as Vince Vance & the Valiants), the Plaintiff bringing the claim, co-wrote a song titled “ All I Want for Christmas is You ” in 1989 (Registration Number PAu001163343, registered 21 November 1988). The other co-owner, Troy Powers, is not currently joined in the complaint.]

Copyright Infringement 144

Copyright Infringement Copyright Copying Music 144

The IP Law Blog

JUNE 15, 2023

Wal-Street.com, LLC , required the dismissal of VHT’s infringement claims since the Copyright Office had not completed the registration process for VHT’s images at the time VHT filed suit. VHT did apply for registration prior to filing the lawsuit.) Supreme Court’s 2019 decision in Fourth Estate Public Benefit Court v.

Copyright 98

Copyright Registration Licensing Derivative Work 98

Kluwer Copyright Blog

JUNE 16, 2021

Second, if the person who does the remastering wishes to obtain copyright, they should not limit themself to contributions that are too mechanical or minimal, as the latter would be unlikely to be considered original derivative works. 2018 New York University Law Review, p. by Tito Rendas. € by Martin Senftleben. €

Music 98

Music Copyright Law Copyright Law 98

Velocity of Content

SEPTEMBER 2, 2021

In the second , I looked at the group registration procedures – recently made available by the US Copyright Office – which are specifically useful to bloggers and to managers of blog sites. Be that as it may, our focus so far has been on the benefits of copyright – specifically copyright registration – for digital content creators.

Copyright 116

Copyright Licensing Derivative Work Social Media 116

Patently-O

SEPTEMBER 1, 2023

by Dennis Crouch Generative Artificial intelligence (GenAI) systems like MidJourney and ChatGPT that can generate creative works have brought a wave of new questions and complexities to copyright law. On the heels of a recent court decision denying registrability of AI created work, the U.S.

Copyright 94

Copyright Copying Derivative Work Licensing 94

BYU Copyright Blog

SEPTEMBER 20, 2021

According to the complaint, pursuant to a College agreement, materials created by D'Youville faculty during the course of their employment are owned by those faculty members; therefore, the Work that the Professors created is owned by them as joint authors and not by the College.

Derivative Work 72

Derivative Work Privacy Copyright Infringement Registration 72

IP Law 360

JULY 18, 2023

The Ninth Circuit ruled Monday that copyright registration of a derivative work covers elements shared by earlier unregistered versions, recognizing a management consultant's right to sue a software company for allegedly copying both iterations of a teaching tool she claims to have created.

Derivative Work 40

Derivative Work Copyright Copying Registration 40

TorrentFreak

JULY 14, 2024

This Will Require Some Untangling In its complaint, LifeWise claims to be the copyright owner of the curriculum, which provides it with control over the use of this copyrighted work and the right to file a copyright complaint. was named as the author of the work on July 8, 2021, but subsequently changed its corporate name to LifeWise, Inc.

Copyright 127

Copyright Licensing Fair Use Derivative Work 127

BYU Copyright Blog

OCTOBER 25, 2021

LTF provided evidence of a current version of the bulldog, in use since 2008, along with a copyright registration and a trademark registration for the Bulldog. According to LTF, the Bulldog has been Louisiana Tech's mascot since 1899.

Derivative Work 52

Derivative Work Advertising Advertising Intellectual Property 52

LexBlog IP

DECEMBER 21, 2023

The Copyright Office opined that the work was a classic example of a derivative work in that it was a digitalization of a photograph. Under this framework, the Office noted that derivative works are analyzed to determine whether the new authorship of the derivative work meets the statutory requirements for protection.

Artwork 52

Artwork Derivative Work Copyright Editing 52

Velocity of Content

MARCH 16, 2023

It is somehow different from the right to make transformative derivative works (where the word “transformed” is used in Section 101 ) such as film adaptations of books, which clearly require copyright owner consent. Minimum statutory damages are $750 per work infringed; maximum damages are $150,000 per work if found to be willful.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Kashishipr

NOVEMBER 17, 2021

Each work has various rights, such as theatrical rights, distribution rights, rental rights, broadcasting rights, rights related to adoption and translation, rights to prepare derivative works, and so on, each of which can be exploited separately. These rights can be disjointedly assigned for a limited term or perpetually.

Copyright 105

Copyright Ownership Licensing Intellectual Property 105

The IPKat

JANUARY 27, 2024

Chanel unsuccessfully opposed the registration of the word mark ‘HiCoco’ in Germany on the basis of its trade mark for ‘COCO’. A new law entered into force on 11 January 2024 that aligns the protection of Italian artisanal and industrial products with the EU Regulation.

Derivative Work 64

Derivative Work Intellectual Property Editing Copyright 64

Trademark and Copyright Law Blog

FEBRUARY 1, 2021

While Brexit created many questions and dilemmas that took years to sort out, for trademark attorneys the primary question was always: “What will become of UK protection for EU trademark registrations?” Filing a standard electronic application now costs $350 per class, rather than $275. the exclusive right to their respective writings.”

Public Domain 52

Public Domain Trademark Copyright Registration 52

LexBlog IP

SEPTEMBER 28, 2023

The plaintiff owns copyright registrations for its Second Holy Temple Product and its photograph of its Second Holy Temple Product (the “Copyright Registrations”). Under the Copyright Act of 1976, a copyright registration creates a rebuttable presumption that the copyright is valid.

Public Domain 52

Public Domain Copyright Copying Registration 52

Kashishipr

JUNE 16, 2021

Theft of Copyright: Generally, Copyright Infringement happens when an original film or artwork or musical work, or software code is reproduced (in whole or part) bearing similarity to the original work or has multiple and identifiable elements copied in a derivative work.

Intellectual Property 98

Intellectual Property IP Confidentiality Registering Trademarks 98

LexBlog IP

APRIL 23, 2023

Copyright Guidelines for Works Containing AI-Generated Material by Aaron Rice Introduction The United States Copyright Office published comprehensive guidelines addressing the registration process for works containing material generated by Artificial Intelligence (AI). Derivative Works and AI-Generated Material A.

Copyright 52

Copyright Intellectual Property Derivative Work Editing 52

Kluwer Copyright Blog

NOVEMBER 8, 2021

” 3) Derivative works: the Adventures of Koons and Tintin in French copyright law by Brad Spitz. “ 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”). here and here). .”

Blogging 52

Blogging Non-Fungible Tokens Law IP 52

Kashishipr

JULY 13, 2022

The copyright-related questions arise with the extent to which the content in the AR field shall be registrable. The quantum of the original expression essential to qualify a creative work for Copyright Protection is undoubtedly low. We shall be discussing the same in the following segments.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

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. UIRC obtained copyright registrations for two versions of its documents. UIRC sued William Blair for copyright infringement.

Copyright 71

Copyright Copying Copyright Infringement Editing 71

LexBlog IP

JUNE 15, 2023

Wal-Street.com, LLC , required the dismissal of VHT’s infringement claims since the Copyright Office had not completed the registration process for VHT’s images at the time VHT filed suit. VHT did apply for registration prior to filing the lawsuit.) The Ninth Circuit noted that the U.S.

Copyright 52

Copyright Registration Licensing Designs 52

More Than Your Mark

AUGUST 27, 2021

Only the copyright owner has the right to make copies, distribute copies, perform, display, or make derivative works of the copyrighted work. A copyright lasts for the life of the author plus 70 years (for works made for hire, 95 years from when they are first published). There’s no need to renew or maintain a copyright.

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 52

Intepat

MAY 17, 2024

The generated work might be an original creation of the AI, or it could be considered a derivative work depending on the nature of the output and the input data used. Despite this, the Office denied copyright registration for the AI-generated images.

Ownership 52

Ownership Contracts Confidentiality Copyright 52

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Types of IPR for Software Protection in India Copyright – According to Copyrights Act, 1957; Copyright grants the exclusive rights, to perform certain actions regarding a work or its substantial part. This applies to literary, dramatic, musical, artistic works, computer programs, cinematograph films, and sound recordings.

Intellectual Property 75

Intellectual Property Invention Artistic Work Copyright 75

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. As of March 12, 2022, the USPTO TESS Database contained 2551 trademark applications or registrations using NFT in the goods/services descriptions.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

SpicyIP

NOVEMBER 16, 2023

Hulm asserted ownership of copyright on the app on the basis of a copyright registration of a literary concept note detailing the working of its app, arguing that the app is an adaptation of the literary concept note. However, the current case discusses the protection of GUIs under the Copyright Act.

Copyright 58

Copyright Marketing Marketing Copying 58

Kluwer Copyright Blog

MAY 9, 2023

Does such an output infringe on a copyrighted work of a third party, especially those works “ingested” during the training stage of the AI system? Under US law, is the output a “ derivative work ” of the “ingested” copyrighted works?

Copyright 138

Copyright Copyright Law Fair Use Law 138

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. As of March 12, 2022, the USPTO TESS Database contained 2551 trademark applications or registrations using NFT in the goods/services descriptions.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

43(B)log

AUGUST 4, 2023

Reproduction and public display are the main alleged rights violated (with lots of overlap); only 71 derivative work claims. registration status makes a big difference here] A: generally, there is a selection effect—wants to track that over time. Time frame ongoing; 428 cases so far. Statutory damages requested 22% of time.

IP 40

IP Copying Due Diligence Registration 40

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Under copyright protection, startups have the exclusive right to reproduce their works and distribute them to the public. Copyrights also provide startups with the authority to create derivative works based on their original creations. Startups can protect both the source code and object code through copyright registration.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52