Back in December, we looked at the case of Michael Muñoz, the superintendent of Rochester Public School District in Rochester, Minnesota. At the end of November, Muñoz sent an email to the staff of the district’s schools where he thanked the faculty, staff, parents and students of the district ... Read More
Source: Plagiarism TodayPublished on 2021-01-28By Jonathan Bailey
This blog carried a piece on the Delhi High Court’s recent judgment in IPRS v. Entertainment Network (India) Ltd. last week. As pointed out there, the judgement distinguishes between cases where underlying works (lyrics/musical composition) are used in the context of the broadcast of sound recordings versus other situations (e.g. ... Read More
Source: Spicy IPPublished on 2021-01-27By Adarsh Ramanujan
Star India Pvt. Ltd. vs. moviestrunk.com and Ors., Delhi High Court, MANU/DE/0585/2020 This suit dealt with the issue of copyright infringement by various streaming websites that continue to provide access to illegal content. In this present matter, the Plaintiff, which was in the business of producing and distributing films, filed ... Read More
Source: BIP CounselsPublished on 2021-01-27By BananaIP Reporter
Raj Television Network Limited v. Kavithalaya Productions Private Limited and Ors., High Court of Madras, O.A. No. 446 of 2020 in C.S. (Comm. Div.) No. 244 of 202o The 1st defendant, is a producer and first owner of the entire copyright with respect to each one of the said 34 ... Read More
Source: BIP CounselsPublished on 2021-01-27By BananaIP Reporter
Music Broadcast Limited and Ors. v Tips Industries Ltd. and Ors., The Intellectual Property Appellate Board (IPAB), OP (SEC-31D)/3/2020/CR/NZ The issue of the amount of license fee payable by the FM Radio companies to the music companies has been the subject matter of dispute for long time. As a result ... Read More
Source: BIP CounselsPublished on 2021-01-27By BananaIP Reporter
Embed from Getty Images If you’ve been anywhere near social media this past week, you’ve undoubtedly seen the Bernie chair meme. It’s been difficult, if not impossible, to escape it. The idea of the meme is straightforward. While he was attending President Biden’s inauguration, a photographer snapped a photo of ... Read More
Source: Plagiarism TodayPublished on 2021-01-27By Jonathan Bailey
The relative contribution of a joint author is a factually complicated and difficult matter to assess. The re-trial of Martin and another v Kogan [2021] EWHC 24 (Ch) confirmed this to be the case. We have previously written about this authorship dispute regarding the film Florence Foster Jenkins [here] and ... Read More
Source: Kluwer Copyright BlogPublished on 2021-01-25By Jeremy Blum (Bristows LLP) and Jake Palmer (Bristows LLP)
Topical HighlightDelhi HC Order Cripples Authors’ Royalty Rights in Underlying WorksImage from here I critiqued the Delhi High Court’s order in IPRS v. ENIL, which held that underlying works incorporated in sound recordings are not utilized and do not incur royalty when the ... Read More
Source: Spicy IPPublished on 2021-01-25By Adyasha Samal
The ipAwarenessAssessment (the Tool) is engineered for both business owners and inventors so that they can comprehensively value their intellectual property (IP) and manage their IP portfolios accordingly. Developed as a joint effort by the United States Patent and Trademark Office (USPTO) and the National Institute of Standards and Technology/Manufacturing ... Read More
Source: IP Watch DogPublished on 2021-01-23By La'Cee Conley
The Supreme Court recently denied petitions for certiorari in two of the most highly watched intellectual property cases before the Court. Those cases were Jack Daniel’s Properties Inc. v. VIP Products LLC and The Moodsters Company v. Walt Disney Company. Both cases were on petition from the Ninth Circuit and ... Read More
Source: The IP Law BlogPublished on 2021-01-22By Josh H. Escovedo
Part 1 of this post summarised the conclusion of the European Commission’s stakeholder dialogue on the implementation of Article 17 and the presentation of the German proposal in a user rights preserving way. It concluded with the Commission’s targeted consultation on the implementation of Article 17 which gave a first ... Read More
Source: Kluwer Copyright BlogPublished on 2021-01-22By Paul Keller (Institute for Information Law (IViR), University of Amsterdam)
On January 14, the U.S. Copyright Office published in the Federal Register an update to the agency’s Third Edition of the Compendium of U.S. Copyright Office Practices. The updates to the draft revision, which was first released in May 2019, include several changes based on public comments asking for clarification ... Read More
Source: IP Watch DogPublished on 2021-01-21By Steve Brachmann
To say that this has been an unusual election cycle would be a grand understatement. Obviously, tensions are high and, while saying we live in unprecedented times is a cliche, that doesn’t make it less true. Still, some things do remain the same and one of those is political ... Read More
Source: Plagiarism TodayPublished on 2021-01-20By Jonathan Bailey
CB-CID directed to register Copyright Infringement Lawsuit, Defunct Rapid Share acquitted of Mass Copyright Infringement and Cox Communication ordered to pay compensation of USD 1 Billion. CB-CID directed to register Copyright Infringement Lawsuit Novex Communication Pvt. Ltd. (Novex) filed a copyright infringement complaint with the Chief Metropolitan Court, in Egmore, ... Read More
Source: BIP CounselsPublished on 2021-01-19By BananaIP Reporter
“Outside the European Court of Justice” by katarina_dzurekova is licensed under CC BY 2.0Having established in part 1 of this blog post that Article 17 will place significant economic burdens on platforms large and small, and that those burdens create incentives for platforms to further impact the freedom of ... Read More
Source: Kluwer Copyright BlogPublished on 2021-01-19By Julia Reda (juliareda.eu) and Joschka Selinger (NGO Gesellschaft für Freiheitsrechte e.V.)
As we thankfully see 2020 fading into the rear-view mirror and all look forward to a hopefully much better 2021, we want to take a moment to reflect on what the past year brought us and how the stage is set for another very fluid and consequential year for intellectual ... Read More
Source: IP Watch DogPublished on 2021-01-19By Chris Israel
Image from here A shocking order delivered by the Delhi HC on 4th January in IPRS v. ENIL and PPL v. CRI Events, only days after the landmark radio royalty statutory license order, has held that underlying works incorporated in sound recordings are not utilized ... Read More
Source: Spicy IPPublished on 2021-01-19By Adyasha Samal
On 31st December 2020, an IPAB bench consisting of the Chairman Manmohan Singh J. and two technical members Surya Senthil and SP Chockalingam, delivered a grand statutory license order for radio broadcasts under Section 31D of the Copyright Act. We had previously blogged about the Public Notice issued by IPAB seeking ... Read More
Source: Spicy IPPublished on 2021-01-18By Adyasha Samal
“Outside the European Court of Justice” by katarina_dzurekova is licensed under CC BY 2.0The risk of mandatory upload filters for freedom of expression and information online has been at the core of criticisms of Article 17 of the EU Directive on Copyright in the Digital Single Market (DSM Directive). ... Read More
Source: Kluwer Copyright BlogPublished on 2021-01-18By Julia Reda (juliareda.eu) and Joschka Selinger (NGO Gesellschaft für Freiheitsrechte e.V.)
The Intercept is reporting that the Biden administration is considering appointing Renata Hesse as Assistant Attorney General for Antitrust. The potential appointment has raised eyebrows in the press since Hesse has worked on antitrust cases on behalf of both Google and Amazon. Google is already under antitrust investigation and if ... Read More
Source: The TrichordistPublished on 2021-01-18By Dr. David C Lowery
Weintraub attorneys Josh Escovedo and Scott Hervey are speakers for the IP Year in Review Webinar co-hosted by The Sacramento County Bar Association (SCBA) Intellectual Property Law Section and the Intellectual Property Student Association of McGeorge School of Law. Josh will be addressing the 2020 developments in trademark law, and Scott will be ... Read More
Source: The IP Law BlogPublished on 2021-01-16By Mari Patterson