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Damages for Copyright Infringement before You Register Your Copyright

LexBlog IP

Let’s suppose that you have not registered your copyright in a book with the U.S. Copyright Office and you find someone has infringed your copyright by copying substantial portions of your book. Can you prove that a license to produce the portions of your book has a fair market value for actual damages?

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Revisiting Bananas, Duct Tape, Walls, & Copyright–Morford v. Cattelan

Technology & Marketing Law Blog

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.

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Infographic | Barbie movie

Olartemoure Blog

Barbie was created in 1959, and when she was 42 years old, in 2001, Bratz entered the scene. These new dolls captured about 40% of Barbie’s market share in five years, creating tension between Mattel and MGA. MGA alleged that Mattel had hired individuals to spy on toy designs and marketing plans.

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State Farm’s Nod to Nostalgia Sparks Copyright Clash With Atari

Copyright Lately

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.

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Swedish court requests CJEU to clarify notion of ‘author’s own intellectual creation’ when assessing EU originality standard

The IPKat

The Respondent submitted that the Palais Royal dining table would not be protected by copyright since it is not sufficiently original. The Swedish Patents and Market Court (first instance) held that the shape of the dining table was the result of the author’s own intellectual creation and therefore sufficiently original.

Art 91
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Photographs Taken 91 Years Ago Still in Conflict Today

IPilogue

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
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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 3 of 4: Related rights and exceptions and limitations

Kluwer Copyright Blog

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.