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Category: Intellectual property

The paparazzi images are further from the core of copyright protections than creative or fictional works would be

Rebecca Fay Walsh is a Brooklyn-based professional photographer who licenses her photographs to online and print media for a fee. Townsquare Media is a Delaware-incorporated business that owns and operates an online website called XXL Mag (“XXL”).

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Not every comic book, television, or motion picture character is entitled to copyright protection

Daniels is an expert on children’s emotional intelligence and development. She designed and promoted initiatives that help children cope with strong emotions like loss and trauma. The Moodsters were devised as a commercial application of this work. Daniels hired a team to produce and develop her idea under the umbrella of her new company, The Moodsters Company.

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The more transformative the new work, the less significance of other factors, like commercialism

Tamita Brown, Glen S. Chapman, and Jason T. Chapman (“Plaintiffs”) are musicians who created the song Fish Sticks n’ Tater Tots (the “Song). In 2017, a documentary film titled Burlesque: Heart of the Glitter Tribe (the “Film”) depicts a group of burlesque dancers in Portland, Oregon, one of whom incorporated the Song in a performance.

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SWD IA on the EU copyright modernization – impacts of second option for fair remuneration of authors and performers

Imposing transparency obligations on the contractual counterparty of creators

The reporting obligation would greatly decrease the information asymmetry as creators would receive the relevant information on the uses of their works and the corresponding revenues. As a direct impact, the enforcement of contracts would become much easier and effective, particularly in the case of royalty-based remuneration arrangements because the correct payment of remuneration could be verified.

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Third edition of USA copyright office compendium – choreographic works and registration issues

The choreography in a musical, a music video, or a motion picture may be registered as a choreographic work (or as a contribution to a dramatic work or audiovisual work), provided that the dance contains a sufficient amount of copyrightable authorship and provided that the dance is claimed as a distinct form of authorship in the application.

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Willfulness of infringement as precondition to award

A plaintiff in a trademark infringement suit is not required to show that a defendant willfully infringed the plaintiff’s trademark as a precondition to a profits award

The Lanham Act provision governing remedies for trademark violations, makes a showing of willfulness a precondition to a profits award in a suit under §1125(c) for trademark dilution, but §1125(a) has never required such a showing. Reading words into a statute should be avoided, especially when they are included elsewhere in the very same statute.

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Considered novels in Russian antipiracy law

In the times of COVID-19 pandemic the internet in Russia plays huge role. Many people staying at home due to so called self-isolation having internet as the means to make their work, to communicate and make many other important things including self-entertainment. Certainly the consumption of movies, music and other entertaining content has significantly risen and also significant part of such consumed content was illegal.

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A copyright owner, who permits a licensee to grant sublicenses, cannot bring an infringement suit against a sublicensee

Stephanie Sinclair, a professional photographer, has brought copyright infringement lawsuit against Mashable and its parent company Ziff Davis, alleging infringement of copyright when Mashable posted one of her copyrighted photographs on its website. She maintains publicly- searchable website to showcase her photographs to potential customers and also maintains an account on Instagram. She has posted one of her photograph to her Instagram account viewable by anyone.

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