IP Close Up

JANUARY 9, 2024

The most anticipated entry to the public domain, “Steamboat Willie,” an animated short featuring and early incarnation of Mickey Mouse, became available royalty-free to all Continue reading

Public Domain 102

Public Domain Copyright Ownership Litigation 102

Copyright Lately

APRIL 30, 2021

The new lawsuit raises a host of complicated legal issues that, while exciting for copyright nerds like me, are often a nightmare to litigate. Despite these copyright notices, Nirvana is now taking the position that the “Upper Hell” illustration is in the public domain and therefore free to use. copyright law.

Public Domain 91

Public Domain Copyright Copyright Notice Publishing 91

JIPL Online

MARCH 15, 2021

Then, the post will predict how Netflix may shift its content practices, defense strategies, and settlement tactics as a result of their past litigation successes in copyright actions. 1] This blog will briefly summarize a few of the notable copyright infringement cases Netflix has defended against in the United States. SETTLEMENT CASES.

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

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.

Copyright Infringement 111

Copyright Infringement Copyright Public Domain Ownership 111

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. ” If Rosss tool used the headnotes only to learn language patterns for producing quotes from public domain judicial opinions, that would weigh in favor of fair use.

Fair Use 69

Fair Use Copying Public Domain Copyright 69

43(B)log

OCTOBER 9, 2023

28, 2023) Cap Export alleged that Zinus fraudulently obtained a patent after Zinus used the public domain bed-in-a-box sets of a non-party as the basis for its patent application. The underlying patent litigation allegedly fraudulently induced Cap Export to enter into a $1.1 Zinus, Inc., 2023 WL 6381821, No. and to Amazon.

False Advertising 104

False Advertising Patent Infringement Patent Advertising 104

JD Supra Law

MAY 16, 2022

Each trade secret package should: Define the technical metes and bounds of the trade secret information – delimiting the border between the secret and what is known in the public domain. By: Mintz - Intellectual Property Viewpoints

Public Domain 52

Public Domain Litigation Intellectual Property 52

Velocity of Content

FEBRUARY 26, 2025

A large portion of the decision concerns the question of whether the defendant copied material that is copyrightable, given that Wests copied headnotes and Key Number System are factual and based on the unarguably public domain caselaw. Competition will, of course, be a mainstay of the pending AI litigations.

Fair Use 52

Fair Use Copying Licensing Copyright 52

Technology & Marketing Law Blog

MAY 13, 2024

By Kieran McCarthy Elon Musk may have done more to open the Internet to web scraping than any person or public interest advocacy group. This creates powerful new precedent that will make it easier for web scrapers to prevail in litigation and will make it much harder for websites to prevent scraping. He was trying to do the opposite.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

Copyright Lately

JANUARY 13, 2023

Yes, in addition to being a noted clergyman and civil rights leader, Dr. King was a copyright litigant. The same issue was litigated more than 30 years later. CBS brought a summary judgment motion to establish that the speech was in the public domain. Martin Luther King, Jr. Mister Maestro.

Copyright 98

Copyright Public Domain Copyright Notice Copying 98

Technology & Marketing Law Blog

JANUARY 25, 2023

Implications This is surely not the last word on the subject because Shah litigated pro se. For a more convincing ruling, we need to see how a well-trained copyright litigator navigates this legal issue. Still, its implications are wide-ranging.

Copyright 124

Copyright Fair Use Licensing Ownership 124

TorrentFreak

AUGUST 10, 2023

What typically follows are months of litigation followed by an announcement that there will be no trial because, against all odds, the parties have agreed to settle their differences after confidential negotiations.

Settlement 98

Settlement Confidentiality Copyright Infringement Public Domain 98

Patently-O

JANUARY 25, 2022

This trade-secrecy decision includes a few interesting holdings: Published and Widely Distributed, but Still a Trade Secret : The fact that information was found in a prior publication “that has been cited over 1,200 times. Here, the plaintiff raised “a serious question” and that was enough. ” (Quoting Ultimax ).

Public Domain 133

Public Domain Patent Application Confidentiality Patent 133

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

IP and Legal Filings

MARCH 10, 2023

, “Does the author of any such work loses every right in terms of Copyright after the expiration of the time period mentioned under Section(s) 22, 26 and 27 and have no recourse to the same since the works are in public domain thereafter?”. The works will enter the public domain ultimately.

Copyright Law 98

Copyright Law Copyright Law Public Domain 98

TorrentFreak

SEPTEMBER 28, 2023

“Nevertheless, OpenAI still tries to leverage its motion to pre-litigate issues it thinks will carry the day in the future. According to the authors, it is “telling” that OpenAI makes no attempt to dismiss the direct copyright infringement claim.

Fair Use 125

Fair Use Copyright Copyright Infringement Derivative Work 125

TorrentFreak

AUGUST 17, 2024

This shows that both parties intend to take their time to properly litigate the matter. The company believes that AI companies should be allowed to use copyrighted books to train their AI models, as these books are made up of “uncopyrightable facts and ideas” that are already in the public domain.

Copyright 130

Copyright Fair Use Copyright Infringement Copying 130

Kashishipr

DECEMBER 28, 2021

Without any doubt, stepping into patent litigation can be uncertain, full of risks, and expensive. It implies that while a specific technology may be protected in the main markets of a company, it may lie in the public domain in some other countries. Patents have a limited protection period.

IP 105

IP Patent Invention Licensing 105

LexBlog IP

FEBRUARY 29, 2024

Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. It is no surprise that the legalities of the public domain are more complicated than the headlines suggest. But not so fast. But this does not mean use without restriction.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

Kluwer Copyright Blog

DECEMBER 17, 2023

For the last few months, I have been wondering if our belief in “fair dealing” (or broadly, “limitations and exceptions”) has silently slipped into our “faith” in it – a faith that demands complete surrender to it while blinding us to the harm it covertly causes to the public domain. What Fuels Faith in the First Place?

Fair Use 64

Fair Use Public Domain Copyright Litigation 64

IP Tech Blog

MAY 18, 2023

Judge Gilstrap reasoned that filtering out “ideas, facts, processes, public domain material, merger material, and scenes a faire ” from the copyrighted work would permit a “comparison of the ‘golden nugget’ or ‘core’ of protectable elements” to determine whether there was infringement.

Copyright 57

Copyright Public Domain Copying Litigation 57

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The 512(f) plaintiff wins after 3 years of litigation and a bench trial. Amazon is a key player in this litigation, but the court doesn’t address its responsibility at all. A New 512(f) Plaintiff Win! So what did it win?

Registration 132

Registration Fair Use Copyright Design 132

SpicyIP

JULY 3, 2022

Their practice predominantly revolves around copyright law, litigation and advising on all matters related to films that are emanating from script to screen. Rajesh Kumar works as the Head of Legal and Akanksha Badika works as the Legal Executive at Bhansali Productions, Mumbai (a film production house).

Copyright 130

Copyright Music Public Domain Law 130

SpicyIP

FEBRUARY 9, 2023

Supreme Court of India , which dealt with issues of confidentiality, privacy (prior consent) of litigants and witnesses, restrictions on access to proceedings of trials and the preservation of the larger public interest due to the sensitivity of the proceedings. These are based on the principles set forth in Swapnil Tripathi v.

Copyright 136

Copyright Government Law Editing 136

SpicyIP

JANUARY 18, 2023

For professionals tracking pre-grant oppositions, some persons who regularly file oppositions across domains are known. For instance, the Dhaval Diyora case which was litigated in Bombay High Court and Ms. The monograph then notes that the next cause of delay is to serial oppositions being filed by several parties.

Patent Application 141

Patent Application Reporting Public Domain Patent 141

The IPKat

DECEMBER 31, 2023

The Art Newspaper has followed up on the ruling and the commentary, speculating on the potential implications thereof concerning the copyright status of digitized images of public domain artworks. The whole editorial is available here. More information and application details can be found here.

Intellectual Property 72

Intellectual Property Intellectual Property Law Public Domain Copyright Infringement 72

Olartemoure Blog

MAY 26, 2023

The Italian magazine GQ Italia finds itself embroiled in a legal dispute stemming from the publication of an edited image of the renowned David sculpture. This incident has ignited a broader debate concerning the utilization of public domain artworks for commercial purposes.

Art 52

Art Copyright Public Domain Copyright Law 52

Kluwer Copyright Blog

FEBRUARY 22, 2022

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. Public Domain. In a wider sense, what is public and what is private has important innovation and societal effects. Creative Industries.

Copyright 52

Copyright Public Domain Marketing Marketing 52

LexBlog IP

MAY 18, 2023

Judge Gilstrap reasoned that filtering out “ideas, facts, processes, public domain material, merger material, and scenes a faire ” from the copyrighted work would permit a “comparison of the ‘golden nugget’ or ‘core’ of protectable elements” to determine whether there was infringement.

Copyright 52

Copyright Public Domain Copying Litigation 52

Kashishipr

MAY 25, 2022

By performing a patent search, you can get an indication of what all information is available and accessible in the public domain concerning the proposed invention. This type of patent search is performed during infringement litigation or to mitigate the risk of infringement.

Patent 78

Patent Patent Application Inventor Invention 78

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 90

Intellectual Property Editing Privacy Moral Rights 90

Olartemoure Blog

JULY 26, 2024

On the other hand, in preliminary interpretation 256-IP-2021, the Court emphasized that the exception of incorporating works from the public domain should be applied under criteria of sound judgment. However, this provision does not apply to well-known trademarks, which enjoy special protection.

Intellectual Property 52

Intellectual Property Public Domain Trademark IP 52

Technology & Marketing Law Blog

JULY 18, 2023

On June 26, just before the end of its term, the Supreme Court denied Genius’s cert petition, putting this litigation to rest. It is somewhat doubtful that similar results would have been reached if LinkedIn and similar cases were litigated within the Second Circuit jurisdiction. This leaves us with a rather deep split of authorities.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

SpicyIP

JULY 13, 2021

However, the absence of a formal codification or determinative theory of post mortem publicity rights in India, depicts that they have not gained the necessary traction and a firm legal foothold as demanded. The plaintiffs’ claim which demanded recognition of post mortem rights thereby did not find favour with the court.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105

IP and Legal Filings

MARCH 30, 2023

It was also contended by scholars that dilution would go on to replace copyright law as well as conventional trademark protection, since it could create trademark rights in gross by permanently removing fictional characters in the public domain. [3] In Danjaq LLC v. Sony Corporation [7] , the assignee of all U.S.

Trademark 98

Trademark Trademark Law Television Law 98

IP and Legal Filings

MARCH 31, 2023

Unprotectable elements such as ideas, concepts and elements in the public domain are filtered out of this test. It involves observing certain specific criteria such as the plot, characters, pace, setting, mood, dialogue and sequence of events. In Alfred, the District Court admitted that the two works bore certain similarities.

Copying 95

Copying Cinema Public Domain Copyright 95

Copyright Lately

AUGUST 2, 2022

Justice Ginsburg upheld the precise “wait and see” approach to copyright litigation adopted by Netflix: It is hardly incumbent on copyright owners. For now, suffice it to say that Barlow & Bear haven’t exactly dedicated their musical to the public domain. Even better, it’s in the public domain.

Music 112

Music Derivative Work Fair Use Cease and Desist 112