IPilogue

FEBRUARY 28, 2023

At the request of De Fontbrune , in 1998, the police confiscated copies of Wofsy’s book, and De Fontbrune sued for copyright infringement. In 1998, the French courts ruled that the photographs were used for documentary purposes , and thus were not entitled to copyright protection.

Fair Use 105

Fair Use Copyright Copyright Infringement Copyright Law 105

Technology & Marketing Law Blog

JUNE 27, 2023

This case involves Morford’s 2001 artwork named “Banana and Orange.” The court displayed the respective artworks: Morford sued Cattelan for copyright infringement. Copying-in-Fact. No Wrongful Copying To determine wrongful copying, the court uses the abstraction-filtration-comparison test.

Copyright 98

Copyright Artwork Copying Social Media 98

Copyright Lately

DECEMBER 29, 2021

Last year, it was the Ninth Circuit’s reversal of a pleading-stage dismissal by Central District of California Judge Consuelo Marshall, which (correctly in my view) found that similarities in stock and unprotectable pirate genre elements such as battles at gunpoint and jewel-filled caves couldn’t support a viable copyright infringement claim.

Copyright 123

Copyright Fair Use Social Media Copying 123

SpicyIP

JULY 31, 2023

Furthermore, the 2023 bill enables aggrieved individuals to pursue action under Section 51 of the Copyright Act 1957 for copyright infringement. However, it’s worth noting that piracy is a form of copyright infringement in essence. Isn’t it?

Copying 96

Copying Copyright Television Copyright Infringement 96

The IPKat

JANUARY 17, 2024

In 2001, the professor published a critical edition of Demetrii principis Cantemirii. As a result, his estate launched proceedings for copyright infringement. In 2017, the Regional Court of Bucharest held that the defendants had infringed the professor’s moral right of attribution. The decision was upheld on appeal.

Derivative Work 137

Derivative Work Editing Copyright Music 137

Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

Copyright 86

Copyright Fair Use Social Media Artwork 86

Olartemoure Blog

JULY 17, 2023

Barbie was created in 1959, and when she was 42 years old, in 2001, Bratz entered the scene. Mattel produced the line of dolls called “My Scene” In April 2005… MGA (Bratz) filed a lawsuit claiming that Mattel (Barbie) had copied the distinctive big-headed and slim-bodied appearance of the Bratz dolls in this new line.

Intellectual Property 52

Intellectual Property Contracts Design Designs 52

Kluwer Copyright Blog

NOVEMBER 22, 2021

This personal intellectual creation is lacking if the photographs in question are “mere reproductions of other photographs” in which an original has been merely reproduced (copied) as closely as possible. If a copy of a computer program is published in the territory of the EU/EEA with the consent of the rightholder, Section 69 No.

Related Rights 52

Related Rights Law Copyright Copying 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

And that data might be subject to varying levels of copyright protection. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. — One logical starting point to tell the history of copyright preemption of contracts is to begin with ProCD v. In Wrench Ltd.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

The IPKat

OCTOBER 15, 2023

The Respondent submitted that the Palais Royal dining table would not be protected by copyright since it is not sufficiently original. The claim to copyright infringement prevailed and that court prohibited the Respondent from further manufacturing, marketing, and selling its dining table.

Art 70

Art Design Designs Marketing 70

Kluwer Copyright Blog

NOVEMBER 17, 2021

Germany has regulated exploitation rights, as harmonised under European law in Articles 2 to 4 of the InfoSoc Directive (2001/29), in Sections 15 to 22 UrhG. The right of distribution, as set out in European law in Article 4(1) of the InfoSoc Directive (2001/29), is found in Germany in Section 17(1) UrhG.

Law 52

Law Copyright Television Copyright Infringement 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Section 95a UrhG stipulates that technical measures employed for the protection of a copyrighted work or protected subject matter may not be circumvented without the authorisation of the rightholder, Section 95a UrhG being the transposition into German law of Article 6 of the InfoSoc Directive (2001/29). Claims under copyright law.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

JUNE 7, 2023

Pastiche in EU copyright law: All dressed up but nowhere to go? 5(3)(k) InfoSoc Directive ( 2001/29/EC ), Member States may implement an exception or limitation for the use of copyrighted material “for the purpose of caricature, parody or pastiche”. She stares into the abyss of a copy-paste kitsch world ”. No, thank you!

Copyright 119

Copyright Art Copyright Law Law 119

JIPEL Copyright Blog

MARCH 21, 2022

Melee is a GameCube game that was released in 2001; unlike most competitive esports, Melee was released without any online features. This means that TOs have been tasked with getting enough GameCubes, Wiis, copies of the game, and clunky CRT TVs to play on. Super Smash Bros. The second issue comes from Slippi itself.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

SpicyIP

AUGUST 4, 2024

Novex Communications Private Limited vs Siddhivinayak Hospitality on 29 July 2024 (Bombay High Court) Image from here An ad-interim relief was granted by the Court in a copyright infringement case instituted by the plaintiff. The petitioner proved prior use by placing documents on record since 2001.

Social Media 105

Social Media Trademark Licensing Music 105

Kluwer Copyright Blog

MARCH 21, 2023

The Directive does this through a mandatory exception for copyright infringement that allows cultural heritage institutions and educational institutions to reproduce and make available orphan works from their collections to the public. billion periodicals could be orphan works. idem, footnote 131).

Copyright 105

Copyright Marketing Marketing Licensing 105

The IPKat

AUGUST 25, 2023

If this Kat were to draw up a list of the types of work most likely to be the subject of copyright infringement proceedings, photographs would be quite high if not, in some countries, even at the top of the list. In other words: the right of reproduction is triggered in instances of non-literal copying too. here and here ].

Copyright Infringement 52

Copyright Infringement False Advertising Branding Branding 52

43(B)log

AUGUST 3, 2023

Alfred Yen, A Federal Rules of Evidence Perspective on Forensic Musicology and Music Copyright Infringement Juries hear a lot of forensic musicology evidence they shouldn’t which confuses them and leads to poorer decisionmaking in music © infringement cases. Musicology articles talk about copying all the time.

Music 52

Music Art Copying Licensing 52

IP and Legal Filings

SEPTEMBER 29, 2021

In 2001, several record companies such as Sony Music Entertainment, Atlantic Records, MCA Records, Island Records, Motown Records, Capitol Records and BMG Music collectively filed a lawsuit against Napster. The Court acknowledged that Napster’s systems were capable of “commercially significant non-infringing uses”.

Fair Use 52

Fair Use Music Copying Copyright 52

IP Intelligence

JUNE 3, 2024

Warner) to license certain works from the Music Specialist catalog, including “Jam the Box,” which was interpolated into Flo Rida’s hit song “In the Ayer,” which went on to sell millions of copies. Nealy sought damages for alleged copyright infringement dating back to 2008 – 10 years before he filed suit. 1] The U.S.

Music 52

Music Copyright Copyright Infringement Due Diligence 52

IIPRD

AUGUST 11, 2023

one of the major publishers based in Japan sued Cloudflare in2022,for distributing data of copyrighted works for manga piracy sites by illegally uploading them and making them available for free, consequently, infringing the copyrights of the publisher. 3d 1004, 1021, 1022 (2001). [3] For content piracy, Takeshobo Inc.,

Art 52

Art IP Intellectual Property Copyright 52

LexBlog IP

DECEMBER 7, 2022

10] Cattelan argued that Banana & Orange ’s online presence was insufficient to prove that he had access to the allegedly infringed work, “a sine qua non of any copyright infringement claim.” Cattelan lacked access to Morford’s work. [10] ” [11]. ” [21]. .’” ” [21]. .”

Copyright 52

Copyright Copying Artwork Art 52

Kluwer Copyright Blog

SEPTEMBER 20, 2023

20 years later, Pelham composed (together with a second defendant), produced and released the hip-hop rap song “Nur mir”, which is underlain by a continuous loop of a two-second rhythmic sequence of metallic drum sounds that had been electronically copied from the “Metall auf Metall” phonogram. The effects of this repeal of then-Sect.

Art 83

Art Copyright Law Copyright Music 83

LexBlog IP

JULY 14, 2023

sent on June 9, 2023 by granting Italian artist Maurizio Cattelan’s motion for summary judgment in a copyright lawsuit fellow artist Joseph Morford brought against him in the Southern District of Florida. [1] Morford’s claim is barred by the copyright doctrine of merger. 22] The banana is a real banana. [23]

Art 52

Art Copyright Copying Art Law 52

LexBlog IP

JULY 5, 2022

The term of a copyright for a particular work may depends on certain factors such as whether it has been published, and, if so, the date of first publication. [2] 2] The general rule for works created after January 1, 1978, provides that copyright protection lasts for the life of the author plus an additional 70 years. [3]

Intellectual Property 52

Intellectual Property Design Patent Design Designs 52

Above the Fold

JULY 5, 2022

The term of a copyright for a particular work may depends on certain factors such as whether it has been published, and, if so, the date of first publication. [2] 2] The general rule for works created after January 1, 1978, provides that copyright protection lasts for the life of the author plus an additional 70 years. [3]

Intellectual Property 40

Intellectual Property Design Patent Design Designs 40

SpicyIP

MARCH 11, 2024

The plaintiff has registered its “Social” trademark and states to have invested considerably in its advertisement from 2001-2023. X wins copyright infringement case against 17 music publishers. The Court granted an ex-parte ad interim injunction order, finding a prima facie case in the plaintiff’s favor.

Trademark 58

Trademark Registration Copyright Patent 58

Kluwer Copyright Blog

JULY 11, 2022

The defendants did not seek approval from the claimant in relation to the OFDE and, as a result, in 2019 the claimant sued the defendants for copyright infringement and passing off. The Infringement. The characters acted out a pub quiz scene, which had not appeared in the show itself, while customers enjoyed a three-course meal.

Copyright Infringement 119

Copyright Infringement Copyright Music Intellectual Property 119

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law.

Fair Use 52

Fair Use Trademark Copyright Editing 52

Technology & Marketing Law Blog

MAY 15, 2024

If the Supreme Court upholds the discovery rule for copyright cases, or simply declines to address it, the decision will leave copyright defendants exposed to very large awards for years of infringing conduct (as they have been everywhere but the Second Circuit). 19, 27 (2001) (Ginsburg, J.); Andrews , 534 U.S.

Music 105

Music Blogging Copyright Ownership 105

Technology & Marketing Law Blog

JUNE 20, 2023

For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work. 103(a) (“protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.”).

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

Selvam & Selvam Blog

DECEMBER 20, 2022

10000 (Approx US $200 as of 2001). So, it is advisable that business needs to adopt licenced copies of software or go with free open-source software that is available in the market. For instance, a single licence of Windows XP for a single device was costing around Rs.10000 100 – Rs.150 150 (approx. US$ 2) respectively.

Business 52

Business Intellectual Property Copyright Copying 52

The IPKat

FEBRUARY 16, 2025

The Defendant, Knowledge Exchange BV, which uses the trading name "HowardsHome" (HowardsHome), is a commercial news aggregator which has offered, since 2001, a news alert service under the name "Howardshome nieuws" to approximately 60 clients, including public institutions, private companies, and publishers.

Publishing 64

Publishing Copying Copyright Infringement Copyright 64

The IPKat

DECEMBER 31, 2024

Another point decided by the CJEU, which seems to be more relevant to Pelham II than to Pelham I, was the unsuitability of section 24 of German Copyright Act (UrhG) which provided for a US fair use-like clause with the aims of providing a closed list of exceptions by Directive 2001/29/EC (InfoSoc) [paras 63-64].

Copyright Law 69

Copyright Law Copyright Fair Use Law 69

Kluwer Copyright Blog

OCTOBER 25, 2024

The key points of the decision are as follows: The reproduction of works for the purpose of creating URL lists that can be used for artificial intelligence training does not fall under the temporary reproduction exception under Section 44a German Copyright Act (Art. 5(1) EU InfoSoc Directive 2001/29 [InfoSoc Directive]).

Art 80

Art Copyright Editing Publishing 80

The IPKat

JANUARY 9, 2025

Thus, it is generally claimed that one does not need an exception, nor a licence, to copy the style of a certain work. This idea/expression dichotomy, arguably the most famous rule of copyright law, can be considered as the necessary evil to distinguish the protectable subject matter (i.e., the idea ). Andersen v.

Copyright Law 64

Copyright Law Copyright Public Domain Law 64