Tag Archives: copyright

WIPIP: IP for the Larger World

Posted on January 31, 2025 by rtushnet

Koo, De-Colonising Copyright Law Is fair use even possible outside the US? If we want to export fair use, what is it we actually want to export? Many US academics many not think it’s the greatest idea—if we had a … Continue reading →

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WIPIP Panel 2B Copyright: Authorship, Ownership

Posted on January 31, 2025 by rtushnet

Newman, Adoption as Authorship Concept of being an author: personally generating all the sensory signals other humans will process as part of the work—comes into being because my mind decides to put it there and my body guides it. Certainly … Continue reading →

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Two recent amicus briefs: Santos v. Kimmel and Sedlik v. Von Drachtenberg

Posted on December 23, 2024 by rtushnet

 In the Second Circuit, supporting fair use on a motion to dismiss in Santos v. Kimmel, and in the Ninth Circuit, supporting the jury’s verdict of lack of substantial similarity in Sedlik v. Von Drachtenberg.  from Blogger http://tushnet.blogspot.com/2024/12/two-recent-amicus-briefs-santos-v.html

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Celebration on Rimini Street as it achieves significant (c)/Lanham Act victories in 9th Circuit

Posted on December 18, 2024 by rtushnet

Oracle Int’l Corp. v. Rimini Street, Inc., — F.4th —-, No. 23-16038, 2024 WL 5114449 (9th Cir. Dec. 16, 2024) Rimini Street gets a reasonably substantial victory in its long-running battle with Oracle in this appeal. Prior rulings held that … Continue reading →

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Reading list: Carys Craig, The AI-Copyright Trap

Posted on December 12, 2024 by rtushnet

 The AI-Copyright Trap Carys J. Craig Abstract As AI tools proliferate, policy makers are increasingly being called upon to protect creators and the cultural industries from the extractive, exploitative, and even existential threats posed by generative AI. In their haste … Continue reading →

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allegations of copied instructions lead to finding of noninfringement and possible 512(f) violation

Posted on December 11, 2024 by rtushnet

MFB Fertility, Inc. v. Action Care Mobile Veterinary Clinic, LLC, — F.Supp.3d —-, 2024 WL 1719347, No. 23 cv 3854 (N.D. Ill. Apr. 22, 2024) MFB sued Action Care for copyright and trademark infringement; Action Care counterclaimed for misrepresentation under … Continue reading →

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Reading list: Mala Chatterjee, Property, Speech, and Authorship: A Dilemma for Personhood Theories of Copyright

Posted on November 13, 2024 by rtushnet

 Recommended! Short and thought-provoking. Property, Speech, and Authorship: A Dilemma for Personhood Theories of Copyright Cambridge Volume on Intellectual Property & Private Law (forthcoming 2024) 15 Pages Posted: 2 Aug 2024 Mala Chatterjee Columbia Law School Date Written: July 22, 2024 … Continue reading →

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when weak TM claims do better than seemingly strong false advertising claims

Posted on October 28, 2024 by rtushnet

Sanho Corp. v. Kaijet Technol. Int’l, 2024 WL 4553279, — F.Supp.3d —-, No. 1:18-cv-05385-SDG (N.D. Ga. May 20, 2024) Note: A jury found Kaijet liable for design patent and copyright infringement after this opinion, but rejected the TM claims, which … Continue reading →

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Revisiting Ty v. GMA

Posted on October 22, 2024 by rtushnet

 Ty, Inc. v. GMA Accessories, Inc., 132 F.3d 1167 (7th Cir. 1997), features dueling bean bag animals. I’ve never been convinced the two pigs at issue were substantially similar, even in staged pictures, but Harvard’s amazing librarians finally dug up … Continue reading →

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Another API (c) case with false advertising and contract claims too

Posted on October 18, 2024 by rtushnet

Trackman, Inc. v. GSP Golf AB, 2024 WL 4276497, No. 23 Civ. 598 (NRB) (S.D.N.Y. Sept. 24, 2024) Trackman makes the golf simulator game Perfect Golf, which offers users the ability to virtually play some of the most famous golf … Continue reading →

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