Tag archives: Copyrights

NFTs and IP – Your opportunity to comment

On November 23, 2022, the US Patent and Trademark Office and the US Copyright Office issued a request for public comment on the subject of Non-Fungible Tokens (NFTs) and intellectual property rights. Comments are due by Monday, January 9, 2023. In addition, the Offices will offer three public roundtables: one panel on NFTs and patents … Continue reading

U.S. Supreme Court sides with Google and ends software copyright battle

By Allie Porter (US) and Felicia Boyd (US) on April 14, 2021 Posted in Copyright

The Supreme Court ruled on whether Google’s copying of Oracle's Java SE API program was a protected “fair use” under US copyright law.… Continue reading

Late-night law may have big impact on IP owners

By Tim Kenny (US), Alicia Groos (US), Sean Patrick McGinley (US) and Saul Perloff (US) on December 28, 2020 Posted in Copyright, Trademark

In a last minute effort to avoid a government shutdown, on December 21, 2020 Congress passed the Consolidated Appropriations Act, 2021.… Continue reading

China quietly updates its Copyright Law

By Justin Davidson (HK) and Edward Yau (HK) on November 16, 2020 Posted in Copyright, Intellectual Property

On 11 November 2020, the Standing Committee of the National People’s Congress passed the amendments to the China Copyright Law (the Amendments), which will take effect on 1 June 2021. This is the third time the Copyright Law has been amended since it was promulgated in 1990. The first comprehensive amendment took place in 2001, … Continue reading

Government edicts doctrine precludes legislators from claiming copyright protection

By Felicia Boyd (US), Alicia Groos (US) and Andre Hanson (US) on April 28, 2020 Posted in Copyright

In a 5-4 decision, the United States Supreme Court held in Georgia et al v. Public.Resource.Org., Inc. (No. 18-1150) (April 27, 2020) that the state of Georgia is not entitled to copyright protection for its official annotated code. The Copyright Act grants expansive rights for “original works of authorship.” 17 U.S.C. § 102(a). Georgia claimed … Continue reading

Shifting Paradigms – A new report for the future of copyright in Canada

By Madeleine Hodgson (CA) on June 5, 2019 Posted in Copyright

Over the past year the House Heritage Committee has been preparing its Shifting Paradigms report which was released in May 2019. The report considers and discusses some of the current challenges and possible solutions pertaining to the ecosystem in which artists work. It also speaks to reinvigorating copyright in Canada. This report is of interest … Continue reading

When can you sue for copyright infringement in the US?

By Joy Wang (US) on March 12, 2019 Posted in Copyright

On March 4, 2019, the U.S. Supreme Court settled a split between federal appeals courts regarding when a copyright owner may sue for copyright infringement.… Continue reading

Recent developments for IPR protection in China

By Justin Davidson (HK) on November 12, 2018 Posted in Copyright

On November 5th 2018, at the inauguration ceremony of the first-ever China International Import Expo held in Shanghai, President Xi Jinping reassured investors, especially foreign enterprises, on the administration’s determination to protect their intellectual property rights in China. In the speech, President Xi announced that in order to significantly increase the cost of infringing IPR … Continue reading

Copyright, cryptocurrency and video games

By Susan Ross (US) on October 16, 2018 Posted in Copyright

Video games, such as Grand Theft Auto®, remain popular around the globe, and two recent matters made headlines on two different aspects of the games: copyright and cryptocurrency. Copyright On August 16, 2018, the federal trial court in Manhattan issued a ruling in a case involving the video game “Grand Theft Auto V” (“GTAV”) and … Continue reading

Amended Australian IP laws receive Royal Assent with little fanfare

By Georgina Hey (AU) and Isobel Taylor (AU) on September 24, 2018 Posted in Copyright, General, Trademark

On 24 August 2018, the creatively named Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2018 quietly received Royal Assent, with some parts of the new Act entering into force the following day. As the name indicates, the primary focus of the new legislation is to implement the recommendations made … Continue reading

Public laws, private standards and copyright “fair use”

By Susan Ross (US) on August 1, 2018 Posted in Copyright

On July 17, 2018, the federal appeals court located in Washington, D.C. issued a ruling in a case involving an intersection of copyrighted material (standards) and non-copyrightable material (laws and regulations). The appeals court remanded the matter back to the trial court, to determine under what circumstances a non-profit organization could publish private standards as … Continue reading

Trial Court ruling: game over Team Copyright

By Susan Ross (US) on June 22, 2018 Posted in Copyright

We had previously covered the March 22, 2017 U.S. Supreme Court copyright ruling on designs on cheerleader uniforms. In Star Athletica, L.L.C. v. Varsity Brands Inc., a majority of the U.S. Supreme Court ruled that the two-dimensional designs on cheerleaders uniforms were at least in theory eligible for copyright protection. On August 10, 2017, seven … Continue reading

U.S. Copyright Office proposes new fee schedule – updated

By Susan Ross (US) on June 5, 2018 Posted in Copyright

If your business discovered that its revenue covered only 60% of its costs, it would be time for a re-examination of operations. According to the U.S. Copyright Office’s notice in the May 24, 2018 Federal Register (83 Fed. Reg. 24054), historically, the fees collected by the Copyright Office covered only 60% of its costs. It … Continue reading

Career Step – Lessons on joint authorship of copyright

By Sophie Lees (AU) on May 3, 2018 Posted in Copyright

A recent decision of the Federal Court of Australia, Career Step, LLC v TalentMed Pty Ltd (No 2) [2018] FCA 132 (Career Step) provides a useful reminder of the principles that apply when determining whether a new copyright work is the result of joint authorship. Joint Authorship – what does the law say? The question … Continue reading

What Brexit means for IP: The UK Law Society, the IP Bar, CIPA and CITMA weigh in on Brexit strategy

By Georgina Hey (AU) and Rebecca Brenikov (AU) on January 21, 2018 Posted in Advertising, General, Trademark

It’s no surprise that many in the professional and legal services industries are putting increasing thought into what the post-Brexit world will, or should, look like. The Chartered Institute of Patent Attorneys (CIPA) in the UK has been the latest body to put its two cents (or pennies) into the mix. Brand owners from all … Continue reading

Deadline Approaching: Get a DMCA Agent Registration by December 31, 2017

By Susan Ross (US) on November 15, 2017 Posted in Copyright

We wanted to remind our readers that, as of January 1, 2018, all paper designation of “notice and takedown” agents will become invalid. As we have previously written, in order to have a valid “notice and takedown” procedure in the copyright laws (the Digital Millennium Copyright Act), the website owner must designate an agent to … Continue reading

Rebranding 4.0: Why authenticity matters to socially-aware consumers, and how to convey it

By Georgina Hey (AU) and Rebecca Brenikov (AU) on October 17, 2017 Posted in Advertising, Trademark

Increasingly affordable renewables, coupled with consumers’ sensitivity to environmental, social and governance (ESG) issues, are driving a profound shift in energy markets worldwide. Nowhere is this more apparent than in brand equity, and the trust levels displayed by the public towards traditional energy businesses versus green, dynamic start-ups. Rebranding is a powerful tool to close … Continue reading

Promoting an innovation economy – Australian Government responds to Productivity Commission’s report into IP arrangements

By Georgina Hey (AU) and Isobel Taylor (AU) on September 14, 2017 Posted in Copyright, Trademark

We recently published an article on the potential impact on the Productivity Commission’s Inquiry Report on Intellectual Property Arrangements (Report) on Australia’s innovation economy. The Australian Government has now responded to the Report, supporting the Commission’s recommendations to reform the patent system, but stopping short of embracing the extensive copyright overhaul recommended in the Report, … Continue reading

US Copyright Office and electronic signatures

By Susan Ross (US) on June 16, 2017 Posted in Copyright

On May 18, 2017, the US Copyright Office proposed some regulatory changes in its requirement for a handwritten, wet signature in order to a record a document with the Copyright Office. The Copyright Office has proposed permitting electronic signatures in certain circumstances. Background In the US, the Copyright Office receives three types of documents for … Continue reading

Copyrightability of private standards in federal regulations

By Susan Ross (US) on February 22, 2017 Posted in Copyright

On February 2, 2017, a federal trial court judge in Washington, D.C. ruled, in a 55-page opinion, that private standards developing organizations (“SDOs”) do not lose their copyright or trademark protection if a federal regulation adopts their standards. Background This case, American Society for Testing and Materials v. Public.Resource.Org, Inc., Case. No. 13-cv-1215 (TSC) (D.D.C. … Continue reading

Copyright Office to Decrease DMCA Agent Registration Fees by 94%

By Susan Ross (US) on November 28, 2016 Posted in Copyright

As of December 1, 2016, the U.S. Copyright Office will decrease the fee to register an agent to receive “takedown” notices under the DMCA from $105 to $6, pursuant to a new regulation. There will be additional changes, and everyone who has previously registered with the Copyright Office will need to update their registration electronically … Continue reading