TorrentFreak

SEPTEMBER 23, 2022

The company’s failure to file for a new copyright after the movie ditched its original title ‘Night of the Flesh Eaters’ was the reason that Night of the Living Dead (NOLD) was quickly pushed into the public domain. NOLD inspired a whole genre of horror that has gained momentum with age. Night of the Copyright Claim.

Public Domain 142

Public Domain Copyright Music Reporting 142

Kluwer Copyright Blog

OCTOBER 31, 2024

Photo by Markus Spiske on Unsplash Once again, the Court of Justice of the European Union (CJEU) has been asked to provide clarity on the concept of “communication to the public” as laid down in article 3 of the 2001 Copyright in the Information Society Directive (InfoSoc Directive). 39 of the Opinion).

Public Domain 119

Public Domain Copyright Publishing Law 119

Dear Rich IP Blog

JULY 27, 2023

Frida Kahlo age 12 (1919) Dear Rich: I'm filming a romantic comedy in San Miguel de Allende, Mexico, and refer to the artist Frida Kahlo in two scenes and show a photo of one of her paintings (self-portrait) hanging on the wall. You don't need permission to refer to Frida Kahlo in your film's dialogue. The painting. The Kahlo name.

Public Domain 52

Public Domain Artwork Privacy Copyright Law 52

TorrentFreak

JULY 9, 2023

A TV company claimed the public domain footage as their own. “In Content ID the impact is multiplied due to its automated nature; one bad reference file can impact hundreds or even thousands of videos across the site.

Copyright 141

Copyright Public Domain Reporting Ownership 141

The IPKat

APRIL 30, 2024

The clash between artistic value and substantive value refers specifically to trademark and copyright cumulation and, according to the Italian Supreme Court, would make the shape mark unregistrable. And in a world brimming with trademarks, what is the ultimate purpose of the public domain?

Reporting 60

Reporting Copyright Public Domain Law 60

The IPKat

JULY 17, 2024

Is the national anthem in the public domain? Additionally, if the anthem is in the public domain, it can be freely used without legal constraints. At any rate, if “His Majesty”/the then new Nigerian government was deemed the owner of work in 1959, it would have entered the public domain in 2009—i.e.,

Copyright 116

Copyright Public Domain Government Ownership 116

Biswajit Sarkar Copyright Blog

MARCH 6, 2024

Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. Academic researchers play an important role, as most of the time, they are concerned about publication, not patents.

Art 52

Art Patent Public Domain Invention 52

The IPKat

JUNE 12, 2024

A Hungarian court referred several questions to the Court of Justice of the EU (‘CJEU’, case C-211/24 ) regarding the interpretation of the LEGO exception and its consequences in infringement proceedings. The reference for a preliminary ruling The Hungarian court noted that LEGO owned expired patents (such as US patent no.

Design 60

Design Designs Art Law 60

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. Cap Export, LLC v. Zinus, Inc., 2023 WL 6381821, No. 2:21-cv-07148-JWH-MRWx (C.D.

False Advertising 104

False Advertising Patent Infringement Patent Advertising 104

Intepat

OCTOBER 6, 2024

A patent can be granted when the invention meets certain criteria: Novelty: it must be new and not available in the public domain. Section 10, as aforementioned, refers to the requirements for a patent application. and in a way that it must be new and not available in the public domain.

Patent 52

Patent Invention Public Domain Intellectual Property 52

Plagiarism Today

APRIL 27, 2022

It refers to the Wayback Machine as a “permanent public archive” though it is far from that. The letter also makes reference to a “DMCA legal case”, which is simply not a thing. Either seeking out public domain licensed images or stock photos from libraries he has legal access to. How to Avoid the Scam.

Copyright Infringement 271

Copyright Infringement Public Domain Copyright Copyright Notice 271

The IPKat

MAY 20, 2022

Given the prevalence of social media trolls in the digital world, he came to the conclusion that an emoji that could be used to reference them would also be of use. Emoji image is from Unicode, Unicode Character ‘TROLL’ (U + 1F9CC), and is in the public domain. For more on the origin of trolls, see IPKat , here ).

Social Media 78

Social Media IP Public Domain Art 78

The IPKat

NOVEMBER 22, 2022

Thus, the owner of a canvas, in general, cannot make reproductions of the work it contains and distribute these copies or make them available on the Internet, unless such work is in the public domain or is subject to any limitation or exception to the rights of its author [see IPKat here ].

Artistic Work 144

Artistic Work Artwork Public Domain Art 144

Kashishipr

APRIL 20, 2022

The North American Free Trade Agreement defines a trade secret as “Information having commercial value, which is not in the public domain, and for which reasonable steps have been taken to maintain its secrecy.” Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.”

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

Patently-O

APRIL 20, 2024

” The basic idea is that juries are provided with the closest prior art as background references to help avoid giving substantial infringement weight for features that were already in the prior art. Clearly, the relevance of the public domain images transcends the particular objects. Starr Brothers Bell Co. , 362 (C.C.D.

Design Patent 69

Design Patent Art Design Designs 69

The IPKat

MARCH 7, 2022

The Supreme Court of Ireland has referred questions to the CJEU on the correct interpretation of the SPC Regulation as it pertains to combination products ( Merck v Clonmel ( [2022] IESC 11 ). The referral The Supreme Court of Ireland referred 4 questions to the CJEU, the full text of which are provided in full below* ( [2022] IESC 11 ).

Art 114

Art Public Domain Invention Marketing 114

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. Figure 1: Get your paws on this new book y'all!

Trademark 56

Trademark Public Domain Copyright Cease and Desist 56

Plagiarism Today

JANUARY 24, 2022

Copyright Office, which is part of the federal government, the work itself is in the public domain. Best of all, it’s written in plain language, making it very easy to understand, and offers references to other circulars for a deeper dive on particular topics if wanted. Best of all, since it was produced by the U.S.

Copyright 240

Copyright Public Domain Registration Plagiarism 240

TorrentFreak

JULY 4, 2024

. “[T]he Times cannot pursue a claim for infringement over any part of a copyrighted work that is not original to the Times, as would be the case if the Times copied another’s work or elements in the public domain,” OpenAI writes. The expressive nature of a work is determined by reference to the work itself.

Copyright 141

Copyright Public Domain Reporting Copyright Infringement 141

Kluwer Copyright Blog

DECEMBER 5, 2022

While creating AR experiences, so-called markers provide information on the real-world element of reference to be overlapped with digital images. The creation of AR experiences may involve acts of reproduction and communication to the public that have potential copyright implications. i) Public domain works.

Copyright 101

Copyright Public Domain Art Moral Rights 101

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 95

Copyright Law Copyright Law Public Domain 95

The IPKat

OCTOBER 4, 2021

The lower court considered that, while the mark was not technically necessary (which would have led to the invalidity of the trade mark regardless of acquired distinctiveness), the trade mark was part of the public domain and Nestlé failed to prove that the trademark had acquired distinctiveness. Generic license.

Public Domain 145

Public Domain Marketing Marketing Licensing 145

SpicyIP

NOVEMBER 8, 2024

Public figures actively court attention and benefit enormously from public recognition. To then claim a privacy interest in controlling all uses of their image is inconsistent with their chosen public role. Unauthorized use for commercial gain violates these rights.

Privacy 85

Privacy Personality Rights Public Domain Ownership 85

TorrentFreak

SEPTEMBER 28, 2023

To bolster their argument, the authors refer to a recent ruling in a Thomson Reuters lawsuit, which also deals with AI-related copyright claims. In that case, the court rejected the fair use argument and referred the matter to trial. .” Given that, OpenAI’s arguments regarding fair use are wholly misplaced.

Fair Use 111

Fair Use Copyright Copyright Infringement Derivative Work 111

TorrentFreak

DECEMBER 7, 2021

This service is the most advanced and works with reference files that rightsholders can upload. An inaccurate or abusive reference file can result in thousands of automated claims. Regular mistakes happen as well, and that’s why YouTube has a team that reviews the accuracy of reference files. Claim Options.

Reporting 130

Reporting Public Domain Copyright Advertising 130

The IPKat

OCTOBER 21, 2021

As well, should one of them pass away or otherwise no longer be directly associated with the business, the likelihood of continuing to refer to it as Ilan, Benny, Lior or Momi will diminish, if not disappear entirely. Picture on lower left is a faithful photographic reproduction of a two-dimensional, public domain work of art.

Public Domain 73

Public Domain Trademark Law Trademark Business 73

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 in the cases of performance, the rights of a performer are misused.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Music 52

Kluwer Copyright Blog

JUNE 19, 2023

Lastly, the most liberal paradigm of copyright licensing is where the artist renounces any ownership claims to the work’s copyright and related rights through the use of ‘The Creative Commons Zero (CC0) Model’, also referred to as ‘The No Rights Reserved Model’.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Biswajit Sarkar Copyright Blog

MARCH 22, 2022

Subsequently, performance can be referred to as the representation of any visual or acoustic presentation which has been performed by one or more performers. He has the right of communicating the work in the public domain. actor, juggler, snake charmer, or any person who is making a performance.

Copyright Law 52

Copyright Law Copyright Law Public Domain 52

Kashishipr

MAY 25, 2022

A patent refers to an exclusive right granted by the patent authority of a nation to the inventor or applicant of a unique invention. 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. 3) State-of-the-Art Search.

Patent 78

Patent Patent Application Inventor Invention 78

IP and Legal Filings

NOVEMBER 11, 2021

A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Google, the plaintiffs David Elliot and Chris Gillespie acquired 763 domain names that were an amalgamation of the word “google” with another brand. In Elliot v.

Trademark 95

Trademark Cease and Desist Brands Branding 95

IP and Legal Filings

MAY 3, 2024

Once the period expires, the program enters the public domain and is free for all users. References: [link] ; [link] ; [link] ; [link] Facebook Twitter LinkedIn WhatsApp The post Copyright Fair Use for Education first appeared on IPLF.

Fair Use 103

Fair Use Copyright Privacy Copying 103

Velocity of Content

JUNE 8, 2022

Barrie conceives of the character and refers to him in newly-written poems. The dust jacket text refers to the centenary of the novel’s initial publication and the fact that the rightsholder – Great Ormond’s — opted to mark this occasion by authorizing this work, promoting it as “the first ever authorized sequel to J.M.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

The IPKat

JANUARY 5, 2023

holding that the character of Zorro had fallen in the public domain. In all this, the Court of Appeal held that no trade mark infringement had occurred, since the reference to Zorro had been done without any "distinctive intent" ( intento distintivo ), that is: the use of the sign had not been undertaken as a trade mark.

Copyright 138

Copyright Law Advertising Advertising 138

Patently-O

FEBRUARY 5, 2024

Justice Douglas goes on: It is worth emphasis that every patent case involving validity presents a question which requires reference to a standard written into the Constitution. Every patent is the grant of a privilege of exacting tolls from the public. Although case applied pre-1952 law, the reminder here is poignant. John Deere Co.

Law 45

Law Public Domain Design Patent Invention 45

Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2022

The novelty is always determined with reference to a single prior art document. This means that all the claims/features of the invention must be present in a single document in such a manner that each novel element of the claims is disclosed in the prior art document.

Art 52

Art Invention Public Domain Publishing 52

TorrentFreak

SEPTEMBER 24, 2024

The Anne Frank Copyright Battle While early versions are presumably in the public domain in several countries, the original manuscripts are protected by copyright in the Netherlands until 2037. According to the organization, the original print versions will remain protected for many decades.

Copyright 109

Copyright Publishing Art Copying 109