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California’s latest entry into this Internet death-spiral is the California Journalism Protection Act (CJPA, AB 886). The CJPA engages with a critical problem in our society: how to ensure the production of socially valuable journalism in the face of the Internet’s changes to journalists’ business models?
McDermott kept the copyright to those photo and granted NY Post a license. McDermott argued that KMC was sophisticated about copyright law because the person who attached the photo to the bio had a journalism background. McDermott had not actually licensed the photo to anyone else to set a baseline license fee.
Just three short years ago, copyright litigation discussions centered around whether it is fair use to copy declaring code or make unlicensed use of Lynn Goldsmiths photographs of Prince. Some of them are class action lawsuits, which are not very common in copyright land (though not unheard ofremember the Google Books litigation ?)
I have had people tell me with doctrinal certainty that Creative Commons licenses allow text and data mining, and insofar as license terms are observed, I agree. Full disclosure: CCC offers RightFind XML, a service that supports licensed commercial access to full-text articles for TDM with value-added capabilities.) GitHub Inc.,
Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]
The full article can be read in the Journal of the Copyright Society. The answer to this conundrum may simply lie in the time-tested solution that has proven successful during earlier periods of technological advancement: licensing. Various licensing models could play a crucial role in this progress.
Without thorough due diligence, purchasers may be exposing themselves and their companies to costly litigation, unforeseen limitations on use of the software and, even, unexpected competition. READ THE ARTICLE IN THE LICENSINGJOURNAL HERE. READ THE ORIGINAL POST HERE.
Factor four : The fourth factor also weighs against fair use: Unrestricted and widespread conduct of the sort Defendant engaged in would destroy the market for licensing Plaintiff’s work. Independent Journal Review : Philpot is suing the Independent Journal Review over a Ted Nugent photo taken by Philpot. Aug 18, 2021).
IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation. Complying with privacy regulations, especially in IT contracts, is as important as it can be misunderstood.
We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.
Next week, the Legislative Decree approved by the Council of Ministers will be published on the Italian Official Journal ( Gazzetta Ufficiale ). Merpel celebrated Halloween in Florence Together with Spain [Katpost here ] , this week it has been Italy’s turn to transpose the DSM Directive into its own law. Mark: Literally traumatizing.
In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. Philpot claims his standard photo licensing fee is $3,500, but reuses of the photo from Wikipedia Commons didn’t require any payment (just attribution). Nature of the Work.
Three pharmaceutical companies, including Enzon Pharmaceuticals, Micromet AG, and Cambridge Antibody Technology (now acquired by AstraZeneca), in September 2003 announced signing a non-exclusive cross-license agreement. Without any doubt, stepping into patent litigation can be uncertain, full of risks, and expensive. Bottom Line.
The Controller of Patents and Designs, India’s first AI Copyright litigation involving OpenAI, and the rejection of an RTI Application concerning IPRS’ compliance with the Copyright Act. The Beginning of AI-Copyright Litigation in India?: This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on?
Trial attorney Betty Chen was recently interviewed by Corporate Counsel Business Journal for the article, “Keeping Pace with Ever-Evolving Intellectual Property Disputes.” CCBJ: The next major wave of global patent litigation is expected to focus on 5G. Click here to read the full article (PDF).
Apple, WiLAN Settle Patent Disputes with License Agreement (Source: Reuters). Commentary and Journal Articles: Editorial: Time is Running Out for COVID Vaccine Patent Waivers (Source: Nature). Commentary and Journal Articles: Editorial: Time is Running Out for COVID Vaccine Patent Waivers (Source: Nature). Source: USPTO.
Senator Simons appears on my podcast this week and she rightly notes that no matter ones view of this bill, it has sparked discussion and public debate on the future of media and journalism in Canada, which is something we all should welcome. Fourth, the Copyright Board is known for many things, but speed of process is not one of them.
This gives an artist exclusive rights for use, distribution or licensing the creation thus prohibiting others from abusing it without permission. Economic Benefits: Registered copyright can enhance commercial value of the work thus making it easier to license, assign and sell. Why Should One Register Copyright?
Liebowitz is probably the best known example of a copyright troll, a moniker that one circuit court defined as a someone who brings “strategic infringement claims of dubious merit in the hope of arranging prompt settlements with defendants who would prefer to pay modest or nuisance settlements rather than be tied up in expensive litigation.”.
This solution will allow authors to publish in the journal of their choice without having to pay an APC, even though this journal’s copyright policy conflicts with their research funder’s OA requirements. The second requirement is to apply a Creative Commons Attribution license (CC BY), to the author accepted manuscript (AAM).
The full article can be read in the Journal of the Copyright Society. Professor Paul Goldstein, for example, has argued that, in light of the enumeration, the statutory text is intended primarily to protect certain licensing markets. An amendment to the copyright statute is only one of them. Copyright Soc’y U.S.A.
The belated Portuguese transposition of the CDSM Directive was finally published in the Portuguese Official Journal (Diário da República) on the 19th of June 2023. 2-g: the Portuguese transposition did not opt for any licensing carve-out nor any fair compensation schemes. Museu do Azulejo by G.P. 19 CDSM Directive. º-B and 74.º-D
Lehv is a senior litigation counsel at Fross Zelnick Lehrman & Zissu, P.C. Guadamuz is a reader in intellectual property law at the University of Sussex and the editor-in-chief of the Journal of World Intellectual Property. She also discussed copyright licensing by intermediaries necessary for creating and trading NFTs.
Accordingly, courts held that in malpractice litigation such physicians could only be held to a standard of care articulated by their true peers, that is, by practitioners familiar with practice in a very similar rural environment. The Locality Rule in Canadian Medical Malpractice Litigation: Abandon or Reformulate?” Want to read more?
We are interested in exploring whether in the EU Arts 3 and 4 of the Copyright in the Digital Single Market Directive (CDSMD) played a role in shaping the contractual practices in selected industry sectors in relation to the licensing of works as training data. There are numerous commercial Scientific Publishers and Stock Images providers.
A core ethical concern behind patenting Metaverse technology is that it would likely result in monopolies of patents, thereby potentially curtailing growth in open, inclusive platforms and even a type of digital divide by excluding the individual who cannot license or purchase patented ideas.
The Webinar will feature current program students presenting their latest articles on cutting-edge IP topics, as published in the Journal of Intellectual Property Law and Practice and The IPKat. Collyer Bristow paid tribute to Tim, who was a much-respected lawyer and a masterful IP litigator. Register to attend here.
It is interesting to note the possible shape that the litigation would have taken if the defendants had disputed the ownership of copyright by the plaintiffs from the time of initiation of the suit. Therefore, the court dismissed the application by the defendant. A hypothetical : What if ownership had been disputed earlier on?
The Constitutionality of Mandating Editorial Transparency , 73 Hastings Law Journal 1203 (2022). Wouldn’t It Be Great if Internet Services Had To License Technologies Selected by Hollywood? Gellis [a standard post, but it has generated extra interest because the two litigants are locked in a noisy death grip).
As expected, now that most – though not all – EU Member States have completed their own transpositions of the DSM Directive 2019/790 [IPKat here ] , the time for litigation has come and, with that, referrals for a preliminary ruling to the Court of Justice of the European Union (CJEU). Kat-negotiations.
The recent article The Heart of the Matter: Copyright, AI Training, and LLMs , forthcoming in the Journal of the Copyright Society, explains how copyright and AI intersect. Licensing is Crucial While copyright is clearly at issue, how it applies is considerably murkier.
While the former enable readers to purchase e-books on the payment of a certain cost, digital libraries provide access to an online database of books, journals, images and recordings free of cost. In this backdrop, controlled digital lending (‘CDL’) mechanisms become relevant.
On the other hand, professional photographers have to make a living by licensing their photos to publishers (and other intermediaries) who are willing to pay them to reproduce and display those photos. Instagram, of course, was licensed to publicly display the post under its own terms and conditions, so there is no direct infringement.
The court explains that, despite the license, Gutman could use “her name for noncommercial purposes, including personal social-media accounts.” I’d love to see an accounting of the time and money the parties have spent on this litigation.
SpicyIP Tidbits: Compulsory License on Mira Behn’s Autobiography, and Stricter Test of Similarity of Marks for Medicinal Products. Call for Papers: NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) Vol. Licensing Ip International S.AR.L Image from here. Call for Papers/ Submissions . Cases in Indian Courts.
Two are journal publications from the mid-1990s (and predating Teva’s patent filings, circa 2005). The Board and court also rejected Teva’s argument that its license of the challenged patents, among a license of 188 patents, to a third party is objective evidence of nonobviousness. ” Id. ” Id. ” Id.
Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. 2021 was an exciting year for the IPilogue. 2000 SCC 66 at para.
There is a subtle but important shift that is taking place in the way that many trade secret cases are being litigated and going to trial. As a result, lawyers and law firms who traditionally represented employers and were well versed in labor and employment litigation tended to dominate this space.
It has the freest economy in the Middle East and as per reports in Index of Economic Freedom published by The Wall Street Journal ranked Bahrain as the 12 th freest economy in the world. This being an important part makes the brand owner avoid any further litigation. There are two ways for going ahead of trademark registration.
If this litigation continues and defendants wish to repeat this argument, they should support their assertion that they own the Facebook page with authority. Ex-Employee’s Continued Use of Twitter Account May Be Conversion–Farm Journal v. 1459 (2014); Zoe Argento, Whose Social Network Account? TELECOMM. & & TECH.
Moreover, the owner can license the mark to another party for a fee. Enables Selling or licensing of trademark The rights owner may be able to earn money by selling or licensing their registered trademark. This will prevent any third party from using their mark. What constitutes a Trademark?
He is interested in IP law, and commercial and criminal litigation. Dialmytrip Tech Private Limited Highlighting the role of behavioral science in trademark litigations, Mathews argues that the terms “make” and “dial” invoke different emotions and thus do not cause confusion. Sidhi is a final year B.A.
Usually, consumer adoption of a given technology correlates to the level of IP litigation. patent litigation. Despite the AI market growth and AI-related patent filings, patent owners were reluctant to bring litigation over AI technologies. Core Wireless Licensing S.A.R.L. , See, e.g., Cisco Systems, Inc. FG SRC LLC , No.
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