The IPKat

JULY 22, 2021

The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours.

Trademark 56

Trademark Public Domain Copyright Cease and Desist 56

Technology & Marketing Law Blog

JANUARY 25, 2023

Here’s an example of a subject photo from his complaint (which, based on this ruling, I’m now confident he can’t sue me for; plus fair use), with some pretty obvious photography flaws: His copyright claims raise a simple but troubling question: who owns the photos taken with his camera?

Copyright 124

Copyright Fair Use Licensing Ownership 124

Velocity of Content

JUNE 8, 2022

The novel, however, was published before text of the play. Peter Pan, or The Boy Who Wouldn’t Grow Up” (1904 stage play, including occasional revisions through 1928, when the script of the play is published). And the 1911 content reused in these works may actually be in the public domain already. And yes, I verbed a noun.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. This has important implications for the doctrine of fair use.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

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. Even better, it’s in the public domain.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

Copyright Lately

JANUARY 13, 2023

and 20th Century-Fox Records argued that, because King had distributed advance copies of the speech to the press without restricting them from reproducing or distributing it further (and without the copyright notice required under copyright law at the time), the speech was in the public domain. The defendants, Mister Maestro, Inc.

Copyright 96

Copyright Public Domain Copyright Notice Copying 96

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Additionally, they have the final say in how their work is published, broadcast, streamed, adapted, and exhibited. Exclusive rights may inspire producers to produce more works to share with the public. Because their effort might be beneficial for the improvement of their life, the general public may also profit from it.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

Larson & Larson

JUNE 21, 2021

The publication date, for instance, plays a considerable role in copyright protection. Copyright law provides that for any work published after 1977, the copyright protection will last during the author’s lifetime plus an additional seventy years. . The duration of copyright protection is often date and fact-sensitive.

Copyright Infringement 52

Copyright Infringement Copyright Law Copyright Law 52

43(B)log

FEBRUARY 22, 2022

Designed to be freely available licensed or public domain; we occasionally use fair use images where no free image is available, such as when a famous work has been destroyed. So the tradeoff is not just are you big enough to justify using these measures but also these measures have serious costs to creators.

Copyright 44

Copyright Fair Use Music Licensing 44

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

Kluwer Copyright Blog

OCTOBER 17, 2023

As a software-implemented creation, it was not in the public domain and the company willing to exploit the work had to clear the right to reproduction. For this purpose, providers should publish a sufficiently detailed summary of the use of training data protected under copyright law. Secondly, para.

Copyright 121

Copyright Art Copyright Law Licensing 121

Copyright Lately

APRIL 3, 2023

The future of “controlled digital lending” is in doubt after a court rules that the Internet Archive’s online library is not protected by fair use. IA’s Open Library project includes millions of public domain books that users can download and read without restriction. It also includes 3.6

Fair Use 72

Fair Use Copying Publishing Copyright 72

Velocity of Content

DECEMBER 6, 2023

Does the increasing use or distribution of AI-generated material raise any unique issues for your sector or industry as compared to other copyright stakeholders? AI generated materials may both advance text publishing and hinder it. It is also useful for primary research that may result in the creation of new content.

Copyright 98

Copyright Fair Use Licensing Copying 98

IP and Legal Filings

JANUARY 22, 2024

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. Digital Rights Management & Fair Use If everything is so well designed, then where is the issue?

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

SpicyIP

AUGUST 28, 2022

Hamar Television , regarded Section 52 of the Copyright Act, 1957 as a ‘right’ i.e. “right to make fair use or to deal fairly”, stemming from the fundamental right to free speech. Likewise, the Wiley Eastern case justified Section 52 for the protection of Article 19(a) i.e. right to free speech of the Indian Constitution.

IP 138

IP Copyright Fair Use Public Domain 138

43(B)log

FEBRUARY 4, 2023

Hughes: if publisher can’t get sequel rights, then it will insist on getting the film rights and impoverish authors. Smith, Cancelling Dr Seuss Estate stopped publishing six books because they perpetuated harmful racial stereotypes of POC. Public reaction was swift and divided. public domain. Who is doing it?

Copyright 62

Copyright Editing Settlement Music 62

The IPKat

OCTOBER 12, 2022

An international bestseller, it was the focus of a publishers' bidding war at the 2013 London Book Fair.[2] unless the title has been used on a series of creative works…; In re Cooper [full citation omitted] ("A book title. and is not associated in the public mind with the publisher, printer or bookseller.")….As

Law 124

Law Trademark Public Domain Licensing 124

43(B)log

FEBRUARY 19, 2022

This compromise explains an otherwise surprising feature of the cases: Political speakers and religious speakers can often expect worse outcomes than “commercial” publishers engaged in noncommercial speech, given the kinds of cases brought against them. TM bullying w/ a public domain quilt, claiming rights over “Dear Jane” as quilt/software.

Trademark Law 70

Trademark Law Trademark Art Branding 70

Copyright Lately

OCTOBER 25, 2021

Concerned about the effect the book would have on Twain’s reputation, publisher Harper & Brothers and his daughter Clara Clemens filed a lawsuit to stop further publication of “Jap Herron.” Hutchings, however, never retracted her claim that the book was dictated to her from beyond the grave. Dawn of the Dead.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

43(B)log

DECEMBER 20, 2022

But also, the documentaries weren’t substantially similar, and, “even if the 2013 Documentary is substantially similar to the 2001 Documentary under the fragmented literal similarity test due its use of clips from the 2001 Documentary, Plaintiffs’ claim with respect to this documentary is barred by the fair use doctrine.”

Fair Use 52

Fair Use Trademark Copyright Editing 52

Technology & Marketing Law Blog

JUNE 21, 2023

As Professor Farley and I discuss in Part II of our paper, several circuits require a commercial use of the mark for infringement (or an exception for noncommercial speech) and dismiss lawsuits without applying all of the likelihood of confusion factors if the unauthorized use of the mark is not commercial speech. Redbubble, Inc. ,

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Two weeks ago, former President Donald Trump filed a lawsuit against journalist Bob Woodward and his publisher, Simon & Schuster (and its parent company Paramount Global, formerly known as Viacom-CBS), in U.S. The audiobook is also published on CD, and transcripts were published in paperback and ebook formats.)

Copyright 120

Copyright Blogging Publishing Fair Use 120

LexBlog IP

JANUARY 10, 2024

Government by its officers and employees should not be subject to copyright” and fall “in the public domain.” ” US Const., “The basic premise of [S]ection 105.[is] is] that works produced for the U.S. ” H.R. 94-1476 at 58 (1976); see also Georgia v. Public.Resource.Org, 140 S.

Ownership 52

Ownership Copyright Government Intellectual Property 52