Patently-O

APRIL 17, 2024

In Dastar , the defendant had copied footage from an old television series that had entered the public domain, made minor edits, and sold the resulting videos as its own product without attribution to the original creators. 1125(a)(1)(B) (Section 43 of the Lanham Act).

False Advertising 115

False Advertising Advertising Advertising Patent 115

The IPKat

DECEMBER 22, 2021

In a world with less international trade and, not least, without satellite television and the internet, such graduated levels of protection were politically acceptable and the UCC certainly facilitated the way into both the Berne Convention and, eventually, the TRIPS Agreement for many countries.

Copyright 133

Copyright Moral Rights Copying Publishing 133

Velocity of Content

JUNE 8, 2022

Beginning in 1955, adaptations of the stage play for television begin. And the 1911 content reused in these works may actually be in the public domain already. This is probably a good place to pause and explain the concept of “derivative works” in copyright.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

Copyright Lately

AUGUST 25, 2023

Material that is in the public domain. Unlike pre-existing works in the public domain, it’s nearly impossible to accurately prove that a work has been created by AI—at least for now. Previously registered material. Copyrightable material that is owned by a third party.

Derivative Work 85

Derivative Work Registration Copyright Public Domain 85

Kluwer Copyright Blog

APRIL 18, 2024

Restrict the treaty’s terms to apply only to traditional broadcasting–linear radio and television broadcasting and cablecasting. No amendment offered in public session. No amendment offered in public session. 5- National Treatment Paragraph 5.2 5- National Treatment Paragraph 5.2 Brazil proposed restoration of TPM exception. [1]

Public Domain 69

Public Domain Contracts Copyright Licensing 69

SpicyIP

AUGUST 28, 2022

Hamar Television , regarded Section 52 of the Copyright Act, 1957 as a ‘right’ i.e. “right to make fair use or to deal fairly”, stemming from the fundamental right to free speech. Please note that I will use “user interests” as a catch-all, for whatever the chosen definition of it may be. Section 52: A Multi-monikered provision?

IP 138

IP Copyright Fair Use Public Domain 138

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. This provokes the question of how we can transplant evidence gleaned from one industry to another (in Barr’s synthesis, to television). Public Domain.

Copyright 52

Copyright Public Domain Marketing Marketing 52

Copyright Lately

AUGUST 2, 2022

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. I’ll leave for another post the very interesting issue of whether an unauthorized derivative work is even eligible for copyright protection.

Music 109

Music Derivative Work Fair Use Cease and Desist 109

SpicyIP

MARCH 27, 2023

The Court allowed the application and permitted the plaintiff to place the additional documents on record as despite the documents being available in the public domain at the time of filing of the suit, the need for filing the aforesaid documents arose only on account of the stand taken by the defendants in the written statement.

Designs 105

Designs Design Cease and Desist Art 105

Corsearch

JULY 7, 2023

The IPI justified only partially granting the rights by citing the legal principle that generic images relating to common goods – such as fruit – falls under public domain and is therefore free for anyone to use.

Trademark 52

Trademark Branding Branding Brands 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

30, 2021): Plaintiff alleges that Defendants knew that Defendant Wagner did not own the copyright to the images that Plaintiff posted on its social media channels, because Wagner abandoned the copyrights when he executed the Stipulation of Settlement, which dedicated the intellectual property rights of the images to the public domain.

Registration 132

Registration Fair Use Copyright Designs 132

Technology & Marketing Law Blog

DECEMBER 13, 2023

Pilgrim Films & Television, Inc. , The whole point of copyright preemption is that Congress sought to prevent states from infringing on the public domain and undermining key concepts of copyright law. Zeidenberg approach. There is certainly an argument that the Ninth Circuit has adopted the logic of ProCD v. Zeidenberg.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

SpicyIP

JANUARY 8, 2024

Public Domain Day: Early Versions of Mickey and Minnie Mouse, sound recordings of Bessie Smith’s “Down Hearted Blues” and Ma Rainey’s “Southern Blues”, Hindi Films “Mere Mehboob”, “Taj Mahal”, and “Gumrah” and Tamil films “Annai Illam”, “Anandha Jothi”, and “Nenjam Marappathillai” to fall under public domain in 2024 (see here ).

Trademark 59

Trademark Registering Trademarks Public Domain Registration 59

SpicyIP

NOVEMBER 15, 2022

Eenadu Television A Division … on 8 November, 2022 (Andhra Pradesh High Court). The Court, however, disagreed with the Defendant’s argument holding that there was no information available in the public domain for the Plaintiff to reach at the above conclusion regarding relations between the Defendants.

Trademark 105

Trademark Patent Copyright Designs 105

Technology & Marketing Law Blog

JUNE 20, 2023

417 (1984), the Court held 5-4 that home recording of broadcast television programs to watch at a later time (time-shifting) was a fair use. in Dastar (an UNPUBLISHED decision [below]), ultimately holding that the Lanham Act does not prohibit copying a work of authorship (here, one that was in the public domain). of America v.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

The IPKat

MARCH 7, 2022

Consider a book title, especially in connection with the television or movie adaptation of a literary work. Therefore, once copyright protection ends, and the work falls in the public domain, others must have the right to call the work by its name. The question is: what kind?

Copyright 96

Copyright Trademark IP Public Domain 96

Copyright Lately

DECEMBER 15, 2024

In the spirit of shameless consumerism at the heart of this post, I returned the favor by offering to plug the Second Edition of Kens book, The Business of Television , now available for holiday gifting via my Amazon affiliate link.) by writing a simple one-word article: no. (In

Copyright 81

Copyright Social Media Copying Copyright Law 81

Technology & Marketing Law Blog

JUNE 21, 2023

It could still apply to a dilution claim if the defending party claimed trademark rights in (1) a title for a television series (such as “Empire”), (2) the name of a political or religious organization, or (3) a political phrase for T-shirts. The Justices did not add a non-trademark use of the mark requirement to the text of 15 U.S.C.

Trademark 105

Trademark Blogging Trademark Law Fair Use 105