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 109

Music Derivative Work Fair Use Cease and Desist 109

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

IP and Legal Filings

MARCH 31, 2023

Once ownership is proved, he is required to furnish evidence regarding the defendant’s access to that work. Unprotectable elements such as ideas, concepts and elements in the public domain are filtered out of this test. Copying’ is quintessential in determining infringement.

Copying 95

Copying Cinema Public Domain Copyright 95

The IP Law Blog

DECEMBER 2, 2021

They further claimed that any similarities that did exist were derivative of Irish folk songs such as Danny Boy (aka Londonderry Air ), which was in the public domain. The basic elements that a plaintiff must prove are: “(1) ownership of a valid copyright; and (2) copying of constituent elements of the work that are original.”

Copyright Infringement 98

Copyright Infringement Copyright Art Copying 98

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. Mailyn Fidler, Cross-Racial Copyright Litigation in Music: Only a Paper Moon?

Copyright 49

Copyright Editing Settlement Music 49

IP Whiteboard

JULY 19, 2020

PRO counterclaimed seeking declaratory judgment that the entire OCGA was in the public domain. There is a special provision in the Act dealing with ownership of copyright relating to “the Crown”. As a result, the Commission sued PRO for infringing its asserted copyright in the annotations of the OCGA.

Copyright 52

Copyright Law Government Public Domain 52

43(B)log

OCTOBER 4, 2021

“WPI planned to utilize that license to digitize the information to provide public online access to portions of the Modigliani Material at no cost, but suspended that plan due to this litigation.” WPI argued that it misrepresented the materials as Restellini’s product, but that was a Dastar -barred misrepresentation of authorship.

False Advertising 59

False Advertising Artwork IP Advertising 59

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143

LexBlog IP

APRIL 24, 2023

Exclude PGR from discretionary denial based on parallel litigation? That said, if you are trying to argue district court litigation is better for patent policy than the PTAB, you should put all of your cards on the table. Taxing the American public on technology already in the public domain is the issue.

Settlement 52

Settlement Litigation Patent Business 52

43(B)log

AUGUST 3, 2023

Harper & Row gets litigated as a First Amendment/free press case by Floyd Abrams; Court relies on Nimmer. Court chose to rule quite narrowly in part b/c of concessions during litigation. Taken copyright-protected material and transformed it into public domain material—dangerous for law firms.

Fair Use 40

Fair Use Copyright Derivative Work Marketing 40

LexBlog IP

DECEMBER 2, 2021

They further claimed that any similarities that did exist were derivative of Irish folk songs such as Danny Boy (aka Londonderry Air ), which was in the public domain. The basic elements that a plaintiff must prove are: “(1) ownership of a valid copyright; and (2) copying of constituent elements of the work that are original.”

Copyright Infringement 52

Copyright Infringement Copyright Art Copying 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

IP and Legal Filings

MARCH 5, 2025

(operating as INDIA TV), sought a permanent injunction restraining infringement of his personality and publicity rights. [2] 4] Earlier last year, Mr. Rajat had also moved a Public Interest Litigation against the absence of legal mechanism to regulate deepfake technology in India and to mitigate its potential misuse. [5]

Personality Rights 84

Personality Rights Privacy Journalism Copyright 84

IPilogue

DECEMBER 10, 2021

Relying on Twin Books Corporation v Walt Disney Company ( Twin Books ), Bundy argued, “a foreign publication of a foreign work, before January 1, 1978, without notice of United States copyright, did not put the foreign work into the public domain in the U.S.”. They brought evidence of U.S. Copyright Act of 1909. The Outcome.

Copyright Infringement 111

Copyright Infringement Copyright Public Domain Ownership 111

Kluwer Copyright Blog

OCTOBER 17, 2023

These litigations might have convinced the European legislator to deal with the issue in the proposal for a regulation laying down harmonized rules on Artificial Intelligence (‘ Artificial Intelligence Act’ or ‘AIA’), recently introducing a provision to address the issue of transparency with regard to the works used in the machine learning process.

Copyright 125

Copyright Art Copyright Law Licensing 125

Kluwer Copyright Blog

APRIL 22, 2022

The report complements the analysis of laws with a review of practices and contractual arrangements of claiming and attributing authorship and/or ownership by actors in the field of AI music creation. The study covers practices of for-profit AI-powered online music creation services (e.g., folk-rnn , Melomics ).

Music 72

Music Copyright Derivative Work Ownership 72

The IPKat

MAY 29, 2023

With a focus on EU and US approaches to the issue, Musker suggests arguments that may be useful to litigants in similar situations. Being taken from an actual instance of Canadian litigation, the hypothetical allows Sundara Rajan to address differences in treatment of moral rights between civil law and common law countries.

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

SpicyIP

NOVEMBER 8, 2024

Akshat is a practicing litigator working at Saikrishna and Associates. Dismantling the Defense: Why Common Justifications for Publicity Rights Fall Flat Prof. It’s akin to allowing a surfer to claim ownership of the wave that carried them to shore. [This three part post is authored by Akshat Agrawal.

Privacy 105

Privacy Personality Rights Public Domain Ownership 105

43(B)log

JUNE 24, 2022

Defendant-side functionality would almost qualify as a thought experiment to test what we really want functionality and ornamentality to do, except for the fact that it’s shown up at least twice at courts of appeals (Louboutin and Lettuce Turnip the Beet) both of which lacked rigorous language to identify the real problem with the litigation.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. Third, is Trump’s claim of ownership barred by 17 U.S.C. If the work was published without proper copyright notice, the work entered the public domain.

Copyright 131

Copyright Blogging Publishing Fair Use 131

LexBlog IP

JANUARY 10, 2024

That then plays off the rest of the title’s allusions to separating “subjects” from the “predicates” of copyright ownership, themselves words connoting the foundational elements of both “ any complete sentence ” and at times a court’s jurisdiction over infringement matters. ” H.R.

Ownership 52

Ownership Copyright Government Intellectual Property 52