This Week in Intellectual Property, December 12th

This Week in Intellectual Property, December 12th

Rent Check

Where do “new” ideas come from? IP hawks tend to treat innovation as a series of leaps and bounds, in reality it’s a process of incremental change and borrowing.

News and Commentary

Chinese court rules against Apple in Qualcomm dispute. China is usually the bête noire of IP hawks, but the ruling stated that Apple had infringed on Qualcomm’s patent by using a specific component in older iPhones. In the U.S. Qualcomm’s policy of licensing these chips has come under scrutiny from the FTC for anticompetitive behavior.

Stan Lee’s history with copyright.

Ruling: images posted on personal social media can’t be fair use. A photo taken of President Trump by a wedding attendee and sent to a friend eventually made it to Esquire, which used the image in an article. A judge ruled that, “Though news reporting is specifically named in 17 U.S.C. § 107 as a potential method of fair use, a news reporting purpose by no means guarantees such a finding. … It would be antithetical to the purposes of copyright protection to allow media companies to steal personal images and benefit from the fair use defense by simply inserting the photo in an article which only recites factual information — much of which can be gleaned from the photograph itself.”

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By |2018-12-12T14:24:03-08:00December 12th, 2018|Blog, Intellectual Property|