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[4] [5] In the Bobbs-Merrill case, the publisher, Bobbs-Merrill, had inserted a notice in its books that any retail sale at a price under $1.00 would constitute an infringement of its copyright. The defendants, who owned Macy's department store, disregarded the notice and sold the books at a lower price without Bobbs-Merrill's consent.
Confusion sometimes occurs when the copyright status of the elements is conflated with the copyright status of the compilation. For instance, copyright on a filmed musical may lapse, but public display of the film without license may remain a copyright infringement if the songs performed therein are still protected by copyright. [3]
An intellectual property (IP) infringement is the infringement or violation of an intellectual property right. There are several types of intellectual property rights, such as copyrights , patents , trademarks , industrial designs , plant breeders rights [ 1 ] and trade secrets .
Fictitious entries may be used to demonstrate copying, but to prove legal infringement, the material must also be shown to be eligible for copyright. However, due to Feist v. Rural decision that "information alone without a minimum of original creativity cannot be protected by copyright", there are very few cases where copyright has been proven ...
The court said that in the case of copyright infringement, the province guaranteed to the copyright holder by copyright law – certain exclusive rights – is invaded, but no control, physical or otherwise, is taken over the copyright, nor is the copyright holder wholly deprived of using the copyrighted work or exercising the exclusive rights ...
HathiTrust, 755 F.3d 87 (2d Cir. 2014), is a United States copyright decision finding search and accessibility uses of digitized books to be fair use. The Authors Guild, other author organizations, and individual authors claimed that the HathiTrust Digital Library had infringed their copyrights through its use of books scanned by Google.
The Tenth Circuit overturned a dismissal granted by the District Court of Colorado due to lack of personal jurisdiction in a case involving a copyright dispute over an eBay auction. The Court applied a five-part test that asked: 1. whether the defendants have committed an intentional action
Penguin Books published a book titled The Cat NOT in the Hat! A Parody by Dr. Juice that use the artistic style, themes and characteristics of Dr. Seuss books to tell the story of the O. J. Simpson murder case. Dr. Seuss Enterprises accused the publisher of copyright and trademark infringement.