Dear Rich IP Blog

DECEMBER 15, 2020

These photos are in the public domain and free for anyone to copy. You can't claim copyright solely based on your ownership of a photo. Pre-existing works might include your public domain photos, a foreword by a third party, or any previously registered or previously published works that are included in your book.

Public Domain 98

Public Domain Licensing Reporting Copying 98

Biswajit Sarkar Copyright Blog

FEBRUARY 5, 2025

They argue that AI models trained on their catalog without permission amount to copyright infringement, much like streaming services before licensing agreements were established. Some jurisdictions lack clear laws on whether AI-created songs can be copyrighted or if they belong to the public domain. Is AI training fair use?

Copyright 52

Copyright Fair Use Music Intellectual Property 52

Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Copyright Lately

FEBRUARY 17, 2025

A copy of something in the public domain can’t support a copyright unless it contains a distinguishable variation that reflects independent creativity. But that doesn’t mean you should have exclusive ownership over the result. And independent creation simply means you created it yourself, without copying.

Fair Use 68

Fair Use Copying Public Domain Copyright 68

SpicyIP

SEPTEMBER 5, 2022

Moderna was one such company that was granted a compulsory license. Easy for Moderna to now push for ‘licensing and not abrogating patents’. However, patent ownership controversy with the NIH is a separate story ( here and here ). As reported , these patents have been licensed to both Moderna and BioNTech.

Litigation 137

Litigation Patent Technology Ownership 137

Intepat

APRIL 18, 2022

It provides credit for your work and builds your reputation in public. Besides, People who wish to license your work can get in touch with you. There are several chances for competitors to access and claim ownership of the original work. This leaves no room to claim that they were unaware that it was your work.

Copyright 98

Copyright Public Domain Registration Ownership 98

TorrentFreak

AUGUST 26, 2022

Many digital file formats allow creators to embed additional data to provide details of ownership or any other relevant information. Between 2013 and 2017, Elias took photographs of hotels and licensed their owning companies to use them in promotional activities. Victor Elias specializes in hotel and resort photography.

Moral Rights 144

Moral Rights Copyright Public Domain Copyright Infringement 144

Technology & Marketing Law Blog

JANUARY 25, 2023

Shah pointed to his copyright registrations as evidence of his ownership, but the court says the allegations in his complaint show that he was never entitled to register the copyrights (i.e., To be clear, joint copyright ownership of photos like these could be a policy disaster, so I don’t share the judge’s lament on that front).

Copyright 124

Copyright Fair Use Licensing Ownership 124

Intepat

APRIL 2, 2022

Sense of ownership. Patents give the inventor the security and confidence to share their invention in public domains. You can share your invention with the scientific community and investors without any fear of losing ownership of your invention. Patents as assets. Benefits to the society.

Invention 105

Invention Inventor Patent Intellectual Property 105

Intepat

SEPTEMBER 15, 2023

This burgeoning genre is not only pushing the boundaries of artistic expression but also challenging the established norms of copyright ownership. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art. Copyright laws are designed to safeguard the rights of creators.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

IP Intelligence

SEPTEMBER 20, 2023

If restrictions are placed on the fair use defense and/or a compulsory licensing regime implemented for models that used copyrighted content, such restrictions might apply to computer vision models that enable surgical robotics and autonomous vehicles. AI authorship rules apply regardless of the nature of the claimant.

Fair Use 111

Fair Use Public Domain Copyright Ownership 111

Dear Rich IP Blog

APRIL 16, 2020

There are very clear records in the post-1978 Copyright Office database indicating copyright ownership but this person is insisting it is an invalid copyright because there is no “©” insignia anywhere on head or tail. Does the absence of the insignia mean that the film is public domain? Is the copyright notice missing?

Copyright Notice 52

Copyright Notice Public Domain Copyright Ownership 52

Trademark and Copyright Law Blog

MARCH 11, 2021

In 1982, Universal filed suit in the Southern District of New York for trademark and copyright infringement , and also threatened, and extracted license fees from, Nintendo’s various US Donkey Kong licensees.

Public Domain 98

Public Domain Trademark Copyright Infringement Licensing 98

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. Part 1 of the post discusses legislative proposals in this field and Part 2 will explore the potential statutory license solution. of the CDSM Directive.

Copyright 125

Copyright Art Copyright Law Licensing 125

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. Was it a license on the world’s greatest terms?

Music 109

Music Derivative Work Fair Use Cease and Desist 109

Intepat

NOVEMBER 20, 2023

The advantages of registered copyrights over unregistered ones are evident: Public Record of Ownership: Registration serves as a public record, enhancing the authority and confirming ownership to the creator. Copyright registration significantly reduces ambiguity in determining ownership and originality.

Registration 52

Registration Copyright Ownership Public Domain 52

SpicyIP

DECEMBER 29, 2024

Read this Tidbit by Kaustubh Chakrabarti on the Delhi HC ruling that the Regional Director under the Companies Act has no jurisdiction to decide ownership of a trademark. The defendants could neither prove registration of trademark in their label nor did they have a valid license.

Journalism 52

Journalism Trademark Registering Trademarks Business 52

Shades of Gray

SEPTEMBER 23, 2015

” The lawsuit addressed only the lyrics, as the parties agreed that the music passed into the public domain long ago. It is important to note that, contrary to various assertions by commentators online, that the opinion does not hold that the lyrics are in the public domain.

Public Domain 40

Public Domain Copyright Ownership Music 40

IIPRD

MARCH 5, 2025

For example, in many Bollywood films, visual effects and script writing contain AI which brings up the issues of ownership and copyright protection. Forming Exclusive Rights A sui generis intellectual property system based on AI-generated works might provide some degree of protection and also be a bridge to the public domain.

Copyright 52

Copyright Intellectual Property Copyright Law Artwork 52

IP and Legal Filings

JANUARY 22, 2024

Later, in 1914, Copyright Act was amended which was highly influenced with the Copyright Act, 1911 of Britain, such as both the legislation shared resemblance in the duration of copyright protection, focused on the protection of literary works, and had similar provisions regarding the concept of public domain and exceptions.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Velocity of Content

AUGUST 13, 2024

Exceptions include materials in the public domain such as documents and materials the U.S. An understanding of what materials have fallen into the public domain and the potential complexity in making a determination regarding any specific item. Clarification of ownership of teacher-developed materials.

Copyright 52

Copyright Public Domain Fair Use Licensing 52

IP and Legal Filings

JANUARY 29, 2023

It is to be made sufficiently clear that the aforementioned creations ought to be original and independent, rather than a slightly altered version of the creation already in the public domain, to instill looking into the prospects of copyrightability. Re-Examining The Copyright Ownership Of Player Created Content, GNLU L.

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

Intepat

APRIL 18, 2022

It provides credit for your work and builds your reputation in public. Besides, People who wish to license your work can get in touch with you, leaving no room to claim that they were unaware that it was your work. The registration certificate will give you a stronger position in court regarding copyright ownership.

Copyright 52

Copyright Public Domain Registration Ownership 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions.

Registration 132

Registration Fair Use Copyright Designs 132

Biswajit Sarkar Copyright Blog

MAY 30, 2022

Although in principle, a NFT of a trademark or any work in public domain can be created. For instance, a seller could offer to turn the token into an actual transfer of copyright ownership of the original work. If something be it a digital art or physical goods can be turned into a NFT as long as it can be digitized.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

Biswajit Sarkar Copyright Blog

MAY 30, 2022

Although in principle, a NFT of a trademark or any work in public domain can be created. For instance, a seller could offer to turn the token into an actual transfer of copyright ownership of the original work. If something be it a digital art or physical goods can be turned into a NFT as long as it can be digitized.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

IP 143

IP Intellectual Property Copyright Trademark 143

Biswajit Sarkar Copyright Blog

MARCH 17, 2022

Man’s ideas are both public and private in their essence. The owners’ and people’s ideas and works are generated with uniqueness and creativity, and they are released into the public domain. If the original contents of a cinematographic film have been duplicated, copied, and pirated.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Music 52

Biswajit Sarkar Copyright Blog

AUGUST 3, 2023

Prima facie Evidence: In legal proceedings for copyright infringement, the registration certificate serves as evidence in a court of law for prove the ownership of original work. After the expiration of the copyright term, the work enters the public domain, and anyone can use it without seeking permission.

Registration 52

Registration Copyright Artistic Work Ownership 52

Technology & Marketing Law Blog

DECEMBER 27, 2023

His defense is that the work he used was free for all; after his victory, that work remains in the public domain for others to build upon. 512(f) case in the context of an ownership dispute is sent to a jury. A successful defendant, by contrast, recovers nothing he didn’t already have. Serc-CA Discos, Inc. 2023 WL 8480096 (S.D.

IP 98

IP Advertising Advertising Copyright 98

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Need for Protection of Personal Names through IPR Celebrities commonly demand a licensing fee for the utilization of their name, image, or other distinctive attributes in advertising or merchandising endeavours. An effective solution to address this concern is the formal registration of a celebrity’s name as a trademark.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

Copyright Lately

AUGUST 25, 2023

Material that is in the public domain. “The copyright in such [derivative] work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material.” Previously registered material.

Derivative Work 85

Derivative Work Registration Copyright Public Domain 85

The IPKat

JANUARY 18, 2022

In the pictures above, "Bedtime" by Louis Wain ( 1860-1939 ), in public domain and Aaron Pa reck i, " Spy30 Scavenger Hunt " from Fl ic kr, CC 2.0 license.

Intellectual Property 75

Intellectual Property Marketing Marketing Public Domain 75

Kluwer Copyright Blog

MAY 17, 2023

the possibility to request remuneration or to subordinate the operation of the exception to the absence of adequate licenses), differences emerge again – this time tackled, however, by the introduction of the country-of-origin principle. Public domain. Second, ownership-based user rights are the strongest.

Reporting 52

Reporting Copyright Public Domain Copying 52

43(B)log

OCTOBER 4, 2021

In 2017, WI granted WPI an automatically renewable, exclusive license to use and exploit the content of all of WI’s materials, including the Modigliani material. But WPI’s allegations still went to contested ownership of the information contained in the Modigliani Material, rather than the Modigliani Material as a physical product.

False Advertising 59

False Advertising Artwork IP Advertising 59

The IPKat

FEBRUARY 12, 2024

emphasis added to highlight the differences] On the face of it, indeed both the former and current “assignment and licenses” provisions appear to merely speak to the fact that copyright can be transferred as you would a movable property. However, closer examination reveals at least two significant differences.

Copyright 64

Copyright Moral Rights Government Public Domain 64

43(B)log

FEBRUARY 4, 2023

Hughes: increasing registrations for women at the © office compared to other metrics where women are disadvantaged—ownership of stock, real property, presence on corporate boards, patent ownership which then translates to being in a startup. Identifying race of plaintiffs: didn’t prove that difficult; most figures are public.

Copyright 49

Copyright Editing Settlement Music 49