Press "Enter" to skip to content

Dekuzu Posts

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.

Comments closed

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.

Comments closed

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.

Comments closed

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.

Comments closed

The copyright in tattoo is over when the last becomes the part of likeness?

Solid Oak has brought copyright infringement lawsuit against 2K Games and Take-Two. Take-Two is a major developer, publisher, and marketer of interactive entertainment and video games that develops and publishes products through its wholly-owned subsidiaries, 2K and Rockstar Games. Defendants annually release an updated basketball simulation video game that depicts basketball with realistic renderings of different NBA teams, including lifelike depictions of NBA players and their tattoos.

Comments closed

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

Baseline

The problem of information asymmetry is not likely to be resolved by market developments, including self-regulation, or MS legislation. Problems for creators as regards lack of information on the exploitation and revenues generated by their works will continue in a number of MS and the cross-border aspects of the problem will not be addressed.

Comments closed