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Dear Rich: I was wondering how compulsory licensing fits with exclusive licensing. In other words, if a song is exclusively licensed for a movie, for example, can someone still license it to record another version? I remember reading somewhere about some songwriters setting licensing fees so high as to exclude many. Excluding statutory fees, is there any standard for such song license fees, or is it completely “willy-nilly”?
For most people, the word Supercalifragilisticexpialidocious has exactly one context, the 1964 film Mary Poppins and the famous hybrid live action/animated scene that it was featured in. The word and the song that it titles has remained a part of our lexicon for nearly sixty years and, despite being a famous tongue-twister (so much so, it was featured in a recent Mental Floss episode on the topic ), has been on the tongues of generations.
This blog post, coming at the time of Remembrance (Poppy) Day, November 11, reflects on the enormous, beneficial attributes of the internet—when used for positive ends—but also on the costs of personal sacrifice embodied in the Remembrance Day ceremonies.
The following is an edited transcript of my video Tips for Brainstorming New Business and Brand Names. It’s not easy to come up with a great name today, nor has it ever been. But it is still possible—especially with these tips—to come up with a name that is bold, unique, and protectable. I suggest that you begin with pieces of words and names.
Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?
Since its introduction last spring, online news outlets have expressed fears that Bill C-18, the Online News Act, will primarily benefit large incumbent news organizations. Those concerns grew once the Parliamentary Budget Officer estimated that more than 75% of the revenues would go to broadcasters such as Bell, Rogers, and the CBC. After Postmedia and Torstar collect their share, there may be little left for innovative online startups.
Many private torrent sites track user traffic to ensure that when content is downloaded, an agreed amount is uploaded back to the rest of the community. Users can independently maintain their own transfer records, which help them keep track of overall bandwidth used and compliance with site rules, whenever traffic volume is an important factor. But whether they’re held locally, on a torrent site, or by an intermediary service, the usefulness of logs is reversed when they fall into the wron
I prepared these statistics on November 18, 2022, roughly 5 months after launch. Total number of cases: 247. This continues to imply a run rate of about 600 cases per year, or less than 2 cases per day. According to this site , plaintiffs are represented in 69 cases (28%). Unsurprisingly, lawyer-represented plaintiffs are clearing the CCB’s initial screening at about 2x the rate of pro se plaintiffs.
I prepared these statistics on November 18, 2022, roughly 5 months after launch. Total number of cases: 247. This continues to imply a run rate of about 600 cases per year, or less than 2 cases per day. According to this site , plaintiffs are represented in 69 cases (28%). Unsurprisingly, lawyer-represented plaintiffs are clearing the CCB’s initial screening at about 2x the rate of pro se plaintiffs.
As most people already know, Twitter has had a very tumultuous few weeks. Since Elon Musk purchased the company and made himself CEO, the company has been the subject of a massive layoff, an exodus of employees and a slew of other controversies. The fallout seems to have even impacted Twitter’s copyright filtering tools. Those tools ceased to work sometime within the last week , leading users to upload full movies and even live events to the platform undetected.
Law firms have brands and trademarks too! Erik explains how law firms can protect their firm name and other branding elements, and shares some of the reasons they benefit from trademark registration. The post Protecting a Law Firm Brand appeared first on Erik M Pelton & Associates, PLLC. Law firms have brands and trademarks too! Erik explains how law firms can protect their firm name and other branding elements, and shares some of the reasons they benefit from trademark registration.
A new crop of copyrighted works (including rights in a certain famous British detective) will enter the public domain in the United States on January 1, 2023. Here’s what it all means. Last month, Hulu announced that the upcoming third season of its Hardy Boys reboot would be the series’ last. While it’s certainly not unusual for streamers to cancel shows after only a few seasons , it also just so happens that the first three novels introducing the teenage sleuths are about to enter the pu
Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.
When the file-sharing revolution hit the mainstream well over a decade ago, many site operators and users positioned ‘sharing’ as an ideology. This altruistic belief has started to fade in recent years. For most pirate sites and services, money is the main driver, with piracy as the means to that end. There are some notable exceptions of course, especially in the publishing industry where free access to knowledge is advocated by Sci-Hub, LibGen, and others.
On October 28, Kristina Kashtanova, an artist and artificial intelligence (AI) consultant and researcher, received notice from the U.S. Copyright Office (USCO) that the registration for the first issue of her partially AI-generated graphic novel, Zarya Of The Dawn, may be canceled. A month earlier, on September 15, the USCO issued a registration for Kashtanova’s work, which was subsequently widely publicized as the first known instance of an AI-generated work being successfully registered with t
Many years ago, I had a minor issue with impersonation. Someone on Twitter, likely a bot, was using my profile picture and a similar-ish name to sell “essay writing” services. I caught it quickly thanks to their use of hashtags I track. The account had only posted a few tweets and had almost no followers. I’m pretty sure no one was actually fooled. .
Space is no longer the sole domain of governments and aerospace and defense companies. Businesses that pursue emerging opportunities now may gain a first-mover advantage.
The USPTO trademark application process has many steps and possibilities, one such step is a “Request to Divide” an application and split it into two separate filings. Listen for more details about when and why an applicant would file a Request to Divide. For more about the entire trademark registration process, see [link]. The post What Is a Request to Divide a Trademark Application appeared first on Erik M Pelton & Associates, PLLC.
Bobo Vieri during his Juventus tenure Can the unauthorized production (minting), advertising, and offer for sale of a non-fungible token (NFT) infringe one’s own trade mark rights? The Rome Court of First Instance answered ‘yes’ in the context of a successful application for a preliminary injunction made by Juventus F.C. ( decision on 20 July 2022, case No 32072/2022 ).
A few hours ago, the U.S. Department of Justice unsealed the indictment and complaint against two alleged operators of Z-Library. Following an FBI investigation, the authorities pinpointed Russian nationals Anton Napolsky and Valeriia Ermakova as prime suspects. The two were arrested in Argentina and now await potential extradition to the United States.
The U.S. Supreme Court granted petitions for certiorari in two intellectual property cases Friday, one dealing with the limits of extraterritorial application of the Lanham Act and another asking the High Court to weigh in on whether “enablement” means a specification must enable those skilled in the art “to reach the full scope of claimed embodiments” without undue experimentation.
Earlier today, video game critic and prominent YouTuber James Stephanie Sterling posted a video calling out a marketing firm working for Activision Blizzard in the run-up to the release of Call of Duty: Modern Warfare 2. . According to Sterling, an agency known as Hill + Knowlton Strategies reached out to a colleague of theirs, Laura Kate Dale, offering not just review keys to the game, but “features” that they could run on their site.
Economic and political turbulence have prompted speculation that the world is already deglobalizing. But the evidence suggests that global integration is here to stay, albeit with nuance.
What does an examiner at the USPTO consider when they review a trademark application? And how does it impact drafting and filing an application to register a trademark? Learn more in this episode from former USPTO examiner Erik Pelton. The post Think Like a USPTO Trademark Examiner Does appeared first on Erik M Pelton & Associates, PLLC. What does an examiner at the USPTO consider when they review a trademark application?
A few days ago The IPKat reported on the injunction issued by the Rome Court of First Instance regarding the unauthorized minting of NFTs from a trade mark perspective. Now, a further development on IP and NFTs comes from Spain, as Katfriend Mercedes Morán Ruiz (CEDRO) reports: Can the owner of an artistic work convert it into an NFT for its use in the Metaverse?
After two decades of perpetual battles with pirates, rightsholders and their anti-piracy partners are showing momentum. There’s no victory on the horizon, but a recent surge in collaborative efforts shows that pooled resources and combined skillsets are much more effective than costly lone missions. When law enforcement agencies support these initiatives thanks to direct government backing, opportunities for action can open up signficantly.
First published July 24, 2017. I was recently, and very briefly, the toast of whatever for my efforts in making the world safe for nasty trademark registrations under the banner. The post That great, free First Amendment thing (Best of 2017) appeared first on LIKELIHOOD OF CONFUSION™.
Last week, DeviantArt announced the launch of its new artificial intelligence (AI) art creation tool , DreamUp. However, that launch was not greeted the way that they had hoped. Rather than excitement, DeviantArt’s DreamUp was greeted with user backlash. Many users took to Twitter, in addition to forums on DeviantArt itself, to express their frustration and to condemn the new tool.
Ever been told to quit while you’re ahead, or that winners never quit? Poker player-turned decision strategist Annie Duke explains why this advice is costing you time and money.
The following is an edited transcript of my video The Benefits of Trademark Monitoring. Trademark monitoring is a tremendous tool in the toolkit for brand owners. Once you have an established, protected brand, there are benefits to staying on top of it and dealing with any infringement that might come up as quickly as possible. Traditionally, big, established, wealthy brands found out about all the things out there that might be problems with their trademarks by paying for monitoring services.
This is another lawsuit against IAPs for subscribers’ BitTorrent activity. As I wrote previously : lawsuits against IAPs are problematic for many reasons, including the failure of 512(a), the danger of assuming that notices of claimed infringements (NOCIs) actually reflect infringing behavior, and the mismatch between the wrongdoing of alleged copyright infringement and the remedy of terminating Internet access.
With nearly 12 million books, Z-Library advertised itself as the largest repositories of pirated books on the Internet. The site had millions of regular readers who found a wealth of free knowledge and entertainment at their fingertips. This reign ended abruptly two weeks ago when the U.S. Department of Justice seized its domain names. Following an FBI investigation, the authorities identified Russian nationals Anton Napolsky and Valeriia Ermakova as prime suspects.
Are you gifted in the art of b t, but the popular conspiracy theories just aren’t for you? Do you enjoy riling people up about threats that are demonstrably false, but you just can’t get comfortable with QAnon or election deniers? Well, maybe you should consider an exciting career with the Electronic Frontier Foundation writing about […]. The post On Copyright, the EFF Will Say Anything to Scare You appeared first on The Illusion of More.
From a plagiarism standpoint, this has been a very bad week for comedian and host of The Late Late Show, James Corden. On Tuesday, accusations were leveled against Corden that he had retold a joke originally performed by Ricky Gervais in 2018. In which James Corden basically does a Ricky Gervais joke word for word pic.twitter.com/8MfkrBo8Y0 — Rupert Myers (@RupertMyers) November 1, 2022.
Our work with the Rework America Alliance highlights how a skills-based approach can help US employers expand talent pools and retain great workers—even through economic uncertainty.
The following is an edited transcript of my video The Golden Ratio of Trademark Protection. We love sunflowers at Erik M Pelton & Associates as a symbol of growth and renewal, and tie that into trademark and brand protection. We’ve been using the phrase, Making Trademarks Bloom since 1999® and using sunflowers for at least 10 years in our marketing, and I recently learned about the golden ratio and sunflowers.
Bayam and ID Tech run rival online jewelry businesses. Both use Shopify as a service provider. ID Tech believed that Bayam copies too much of its copyrighted website content and pursued a whirlwind of enforcement activity, including filing two lawsuits against Bayam and sending numerous DMCA takedown demands to Shopify. Bayam’s counternotices were ineffectual, leaving 123 Bayam products offline, and Shopify warned Bayam that it may terminate services to a repeat infringer.
With nearly 12 million books, Z-Library advertised itself as the largest repositories of pirated books on the Internet. The site had millions of regular readers who found a wealth of free knowledge and entertainment at their fingertips. This reign ended abruptly two weeks ago when the U.S. Department of Justice seized its domain names as part of a criminal investigation.
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