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IP Commercialization/Licensing

BananaIP Counsels > IP Commercialization/Licensing

Weekly Copyright News: Copyright for Old Songs, Cases Against Accidental Prime Minister, Court Dismissed Raymond MD’s Plea, Works from 1923 in Public Domain and More

Weekly Copyright News Updates - Intellepedia

Bombay High Court to Decide on Copyright for Old Songs, Accidental Prime Minister: Multiple Cases Filed, Private FM Channels Allowed to Broadcast All India Radio News till May 31, Supreme Court to Take Action against Officials Using Section 66A of Information Technology Act, Court Dismissed Raymond MD’s Plea against Father’s Autobiography, Music Labels Seek to Block Unauthorized Downloads of YouTube Audio, Renowned Classic Works from 1923 Now in the Public Domain, Behavior Interactive and Bethesda Resolve Copyright Infringement Dispute Amicably, CD Baby Artists Earn Over $100 Million in 2018 COPYRIGHT QUOTE OF THE WEEK “Copyright? Copy RIGHT: Steal ideas, steal facts, but...

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Weekly Copyright News: Draft Intermediary Rules, Japan Extends Copyright Protection, Ubon Collaborates with YoYo Honey Singh and more

Weekly Copyright News Updates - Intellepedia

MEITy Publishes Draft Intermediary Rules, Major Year-end Releases Leaked Online, Amul Allowed to Air Edited Commercials, Japan Extends Copyright Protection to 70 Years, Nirvana Sues Marc Jacobs for Copying ‘Smiley Face’, Netflix Removes Comedy Episode at Saudi Demand, CBS, Showtime Face Copyright Infringement Suit, Soulja Boy Forced to Stop Selling Knock-Off Video Game Consoles, Fox Announces Alita Merchandise, Ubon Collaborates with YoYo Honey Singh for Song ‘Makhna’. COPYRIGHT QUOTE OF THE WEEK The point of copyright law is not to give people absolute control over everything they write. It's to compensate artists and authors for the works that they create. - Jason Schultz INDIAN...

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Weekly Copyright News: Changes in Thackeray Biopic, Infringement at New Year’s Events, case against Jennifer Lopez, Mattel Loses Rights to DC Toys and More

Weekly Copyright News Updates - Intellepedia

Film Producers Move High Court against Illayaraja in Copyright War, PPL Moves Bombay High Court Anticipating Copyright Infringement at New Year’s Events, TRAI: No Blackout of Subscribed TV Channels in New Framework, Censor Board Demands Changes in Thackeray Biopic, Spotify Settles $1.6 Billion Infringement Suit, Bar Sued for Copyright-Infringing Karaoke, Wynn Resorts Sues Genting over Hotel Design, Jennifer Lopez Sued for Posting Own Photo, Mattel Loses Licensing Rights to DC Toys, Marvel Signs Merchandising Deals for New Spider-man Movie and China Resumes Commercial Approval for Video Games. COPYRIGHT QUOTE OF THE WEEK “Copyright promotes creativity by proscribing the Right to Copy” -...

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Negotiating License Agreements

First Publication Date: 9th December 2010 This is in furtherance of my post on drafting patent licenses. The final deal in a license transaction depends on how well a person can negotiate and not on what is fair. "You get what you bargain for and not necessarily what is fair." Therefore, preparation for a license negotiation and negotiation skills play an important role in the final outcome. The first step towards preparing for a license negotiation is patent strength evaluation. A Licensor or Licensee must be well aware of the strength of his patent or portfolio in the light of other patents....

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Weekly Copyright news: Ilaiyaraaja’s Royalty Claim, copyright infringement by T-Pain, Motorola Adds Copyright Infringement, Viacom 18 new series with Gates Foundation and more

Weekly Copyright News Updates - Intellepedia

Court Summons Ronnie Screwvala for Copyright Violation, Artistes Seek Clarity on Ilaiyaraaja’s Royalty Claims, T-Pain’s Song off YouTube After Infringement Claims, Alfonso Ribeiro Sues Fortnite for Stealing the 'Carlton' Dance, Motorola Adds Copyright Infringement Claim to Suit Against Hytera, Petition Against EU Article 13 Gets 4 Million Signatures, CJ ENM Becomes Warner Brothers’ Exclusive Licensing Agent in Korea, Viacom18 to Launch Series on Sanitation with Gates Foundation. COPYRIGHT QUOTE OF THE WEEK "We have a massive system to regulate creativity. A massive system of lawyers regulating creativity as copyright law has expanded in unrecognizable forms, going from a regulation of publishing to...

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Drafting Valid Patent Licenses

First Publication Date: 8th December 2010 The clauses in a license agreement vary based on the nature of the patented invention. Each technology has certain unique characteristics and applications, which influence license drafting. Some of the basic clauses that go into every license agreement are as follows:This post is in furtherance of the post "Sensing Licensing Opportunities". A license is an authorization given by the patent holder to exercise the exclusive rights granted by the patent. It permits the person acquiring the license to practise the patented invention in the manner allowed under the license. Therefore, a license agreement must clearly...

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Weekly Copyright News: Sony in Copyright battle, Spotify in Court for Copyright infringement, Promotions for ZERO and More

Weekly Copyright News Updates - Intellepedia

Sony in Copyright Battle over Comedian's Voice, ‘Proud Boys’ Founder McInnes Banned from YouTube, City Merch and Balenciaga Settle Copyright Suit, Mötley Crüe Photo Lands Spotify in Court, Fortnite Sued for Swipe Dance Move, Novel Promotions for ZERO before December 21 Release, ‘Bohemian Rhapsody’ Most Streamed Song of the 20th Century, Priyanka Chopra Collaborates with Ivanhoe Pictures for Upcoming Film ‘The Sky is Pink’, Netflix Houses 19 of Top 20 Most-Streamed Series, Sony Partners with ACT Fibernet. COPYRIGHT QUOTE OF THE WEEK “I believe in copyright, within limited precincts. But I also believe in fair use, public domain, and especially transformation”  -David...

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Open Source – A business reality

First Publication Date: 5th October 2010 Open source has today become a necessity for most businesses. It is estimated that 99 percent of all companies using software use atleast one open source component. The business value added by open source products makes them inevitable for every company. In addition to software, open source has today expanded its tentacles to many areas from open text books to open drug discovery and is fast spreading to other areas.No business shift happens without legal hurdles and complications. With the rise in application of open source to businesses, the legal battles with respect to such...

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Weekly Copyright News: Fan’s Facebook Page is Back, PIL Filed Against Kedarnath, Fox News Wins Copyright Suit, Tatasky New Partner and More

Weekly Copyright News Updates - Intellepedia

Ilaiyaraja Threatens Legal Action for Non-Payment of Royalties, Fan’s Facebook Account Reactivated After BCCI Copyright Row, Another PIL Filed Against Kedarnath for Hurting ‘Hindu Sentiments’, Qatar Requests WTO Proceedings Against Saudi Arabia’s IP Violations, Gayle Awarded AUD 300,000 In Defamation Claim Against Fairfax Media, Russian IP Courts Set to Use First Intellectual Property Blockchain, Fox News Wins Copyright Suit Against Monitoring Service TVEyes, Clothing Brand Fashion Nova Slapped with Copyright Infringement Suit, Etsy and Seller Sued for Copyright Violation, Netflix Pays Warner USD 100 Million to Keep ‘Friends’, US-based Cinedigm Acquires ComicBlitz, Partners with China International TV Corp, Tata Sky...

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Licensing of software does not give rise to patent exhaustion

First Publication Date: 20th September 2010 The United States Court of Appeals for the Ninth Circuit clarified the legal confusion that was existing on the application of the first sale doctrine or doctrine of patent exhaustion with respect to software licenses. The Court clarified that the exclusive distribution right is limited by the first sale doctrine, which is an affirmative defense to copyright infringement that allows owners of copies of copyrighted works to resell those copies. Further the Hon’ble Court held that the exclusive reproduction right is limited within the software and this affirmative defense is unavailable to those who are...

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