IP & Related
7.9K views | +0 today
Follow
 
Scooped by Anne Lennox
onto IP & Related
Scoop.it!

Can Treaties Override the Constitution? An Issue Posed By Bond v. United States | Tenth Amendment Center

Under the Constitution as originally understood, the short answer is: “No, a treaty can’t override the Constitution. The treaty has the force only of a statute, not of a super-constitution.”
more...
No comment yet.
IP & Related
Your new post is loading...
Your new post is loading...
Scooped by Anne Lennox
Scoop.it!

Why Apple and Farmers Are Fighting Over the Toolbox


Mills and his fellow farmers say that part of the problem is that equipment manufacturers like Deere & Co., maker of John Deere tractors, make it difficult for consumers and independent repair shops to get the tools needed to fix today's high-tech tractors and other heavy machinery, which run on copyright-protected software.
more...
No comment yet.
Scooped by Anne Lennox
Scoop.it!

Hairy Maclary author's publishers get charity artwork pulled over perceived copyright infringement

A street art piece featuring children's character Hairy Maclary has been pulled from a charity Trade Me auction after a complaint from author Lynley Dodd's publishers. 

The work, by a prominent New Zealand street artist who uses the pseudonym Milton Springsteen, shows a dog that looks like Dodd's Hairy Maclary carrying what appears to be Ronald McDonald's detached arm.
more...
No comment yet.
Scooped by Anne Lennox
Scoop.it!

US Copyright Office recommends sweeping, welcome changes to America's DRM laws

A new report from the US Copyright Office on Section 1201 of the Digital Millennium Copyright Act -- a controversial law that bans breaking DRM, even for legitimate purposes -- calls for sweeping, welcome changes to the DMCA.
more...
No comment yet.
Scooped by Anne Lennox
Scoop.it!

Copyright Law Shouldn’t Pick Winners

When looking at a proposed policy regulating Internet businesses, here’s a good question to ask yourself: would this bar new companies from competing with the current big players? Google will probably be fine, but what about the next Google?
more...
No comment yet.
Scooped by Anne Lennox
Scoop.it!

Collective Management of Copyright (EU Directive) Regulations 

These Regulations implement Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 (OJ No. L.84, 20.3.2014, p.72).
more...
No comment yet.
Scooped by Anne Lennox
Scoop.it!

Real Estate Tip of the Week: Property in design | Lexology

The recent case of Signature Realty Limited v Fortis Developments Limited and Beaumont Morgan Developments Limited shows how important it is to ensure that copyright in architects' plans is obtained when you acquire a new development site.
more...
No comment yet.
Scooped by Anne Lennox
Scoop.it!

Protect your creativity: design rights versus copyright | IP Australia

It’s a complicated topic that generally causes confusion amongst creative types: where do we draw the line between design rights and copyright? Fundamentally, copyright protects artistic and literary works. However what most designers don’t know is that they will need a registered design right to protect their products when they’re commercially applied.
more...
No comment yet.
Scooped by Anne Lennox
Scoop.it!

Mankowitz’s famous portrait of Jimi Hendrix is original and deserves copyright protection, says Paris Court of Appeal.

Readers will remember that a couple of years ago this blog wrote that the Paris Tribunal de Grand Instance (TGI) had excluded that the well-known portrait of Jimi Hendrix realised by Gered Mankowitz would be eligible for copyright protection.

1709 Blog friend and University of East Anglia academic Sabine Jacques has an update to report, this being the rather different outcome of the appeal decision in this case earlier this week.
more...
No comment yet.
Scooped by Anne Lennox
Scoop.it!

Reviewing Canada’s Copyright Policy

Libraries have a unique societal role to provide equitable access to information and to preserve knowledge in all its forms. In Canada, the Copyright Act has long recognized the special function of libraries. Many of the government’s public policy objectives around research, innovation and lifelong learning are achieved through the Act’s exceptions and limitations for libraries.
more...
No comment yet.
Scooped by Anne Lennox
Scoop.it!

Louis Vuitton: We Are Not Trolls, We Are Defending Our Intellectual Property

After spending nearly two years fighting over whether My Other Bag (“MOB”)’s canvas totes infringe Louis Vuitton’s famed trademarks and copyrights, the Los Angeles-based brand – which was handed its latest victory when the Second Circuit refused to grant Louis Vuitton’s request for a rehearing – asked the court to force Louis Vuitton to pay nearly $400,000 in legal fees and Louis Vuitton is fighting back.
more...
No comment yet.
Scooped by Anne Lennox
Scoop.it!

Scientific research piracy site hit with $15 million fine

The operator of a searchable piracy site for scientific research papers has been ordered to pay $15 million as fallout from a US copyright infringement lawsuit brought by one of the world's leading scientific publishers, New York-based Elsevier.
more...
No comment yet.
Scooped by Anne Lennox
Scoop.it!

Elsevier Wins $15 Million in Copyright Suit Against Piracy Sites – The Ticker - Blogs - The Chronicle of Higher Education

A federal court has ruled in favor of one of the world’s largest science publishers in its lawsuit against websites that provide free, pirated access to millions of scholarly-journal articles, Nature.com reported on Thursday.
more...
No comment yet.
Scooped by Anne Lennox
Scoop.it!

Copyright stoush costs Perth building award nomination

But the entry — designed by Caroline Hickey of Bosske Architecture — was excluded by the Australian Institute of Architects which run the awards, after an unnamed French architect lodged a claim of copyright infringement.
more...
No comment yet.
Scooped by Anne Lennox
Scoop.it!

U.S. top court turns away 'dancing baby' copyright case

The U.S. Supreme Court on Monday declined to hear a closely watched copyright dispute known as the "dancing baby" case over a company's move to take down a home video posted online showing a toddler joyfully bouncing to the late pop star Prince's song "Let's Go Crazy."
more...
No comment yet.
Scooped by Anne Lennox
Scoop.it!

Commission launches public consultation on Database Directive

The Database Directive, adopted in 1996, aims at encouraging the development of databases through appropriate legal protection and the use of data. The Commission launches today a consultation to understand better how the Database Directive is used, to evaluate its impact on users and to identify possible needs of adjustment. Since the entry into force of the Directive, the database market, and more generally the role of data in the economy, has evolved. The Commission has recently presented several initiatives to boost the European data economy. 
more...
No comment yet.
Scooped by Anne Lennox
Scoop.it!

The state of open licensing in 2017

This blog post is part of our Global Open Data Index (GODI) blog series. Firstly, it discusses what open licensing is and why it is crucial for opening up data. Afterward, it outlines the most urgent issues around open licensing as identified in the latest edition of the Global Open Data Index and concludes with 10 recommendations how open data advocates can unlock this data. The blog post was jointly written by Danny Lämmerhirt and Freyja van den Boom.
more...
No comment yet.
Scooped by Anne Lennox
Scoop.it!

The Chancellor, Masters & Scholars of the University of Oxford & Ors. v. Rameshwari Photocopy Services & Ors. [DU Photocopying Case]

In a landmark judgment, the Single Judge of the Delhi High Court on September 16, 2016 ruled that the preparation of ‘course packs’ i.e. compilation of photocopies of the relevant portions of different books prescribed in the syllabus, and their distribution to the students by educational institutions does not constitute infringement of copyright in those books under the Copyright Act, 1957. It held that such photocopying qualifies as reproduction of the work by a teacher in the course of instruction and thus does not amount to copyright infringement by virtue of Section 52(1)(i) of the Act. In effect, it held that the educational institutions do not require a license or permission from the publishers for making and distributing course packs to students.
more...
No comment yet.
Scooped by Anne Lennox
Scoop.it!

Multiple German Courts Rule Photos Of Public Domain Works Are Not In The Public Domain

Back in November 2015, we wrote about a bad situation in Germany, where a museum in Mannheim was suing the Wikimedia Foundation over photos of public domain works of art, which were uploaded to Wikimedia Commons.
more...
No comment yet.
Scooped by Anne Lennox
Scoop.it!

Digital Issues in NAFTA: Balanced Copyright - Disruptive Competition Project

Today is the final day to submit comments to the United States Trade Representative (USTR) on modernization of NAFTA — comments were extended by several days “due to high interest.”  The opportunity to comment on updating a key trade agreement, reflecting the significant change in the economy in the past two decades since it was enacted, has already attracted submissions from hundreds of organizations, companies, and individuals.
more...
No comment yet.