Kluwer Copyright Blog

OCTOBER 7, 2021

Welcome to the third trimester of 2021 round up of EU copyright law! In this series we update readers every three months on developments in EU copyright law. The AG suggests that the private copyright exception applies in the cloud, but a separate levy may not be payable. Photo by Markus Spiske on Unsplash.

Copyright Law 64

Copyright Law Copyright Law Television 64

The IPKat

JANUARY 17, 2024

The book that is going to change copyright law? After the referrals in Mio [IPKat here and here ] and USM Haller [IPKat here ] , another referral asking about the meaning of originality in EU copyright law has been made to the Court of Justice of the European Union (CJEU): it is the referral from Romania in Institutul G.

Derivative Work 137

Derivative Work Editing Copyright Music 137

Technology & Marketing Law Blog

JUNE 27, 2023

For example, we must resolve when duct-taping a banana to a wall infringes copyright. 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. ” Independently (?),

Copyright 98

Copyright Artwork Copying Social Media 98

IIPRD

MARCH 1, 2023

This right emanates from the personhood theory of copyright law which forms the basis of moral rights and has been accepted throughout the world. India, being a member of the Berne Convention, adopted this principle as an addition to its copyright laws in 1994. University of Illinois Law Review, January 1, 2019.

Artwork 98

Artwork Intellectual Property Journalism Moral Rights 98

IPilogue

FEBRUARY 28, 2023

The United States Court of Appeals for the Ninth Circuit reversed a 2019 federal district court’s ruling that held a French court’s ruling was unenforceable due to a conflict in copyright laws between the countries. This, however, was reversed in 2001 with a ruling against Wofsy, who became responsible for 10,000 francs per infraction.

Fair Use 105

Fair Use Copyright Copyright Infringement Copyright Law 105

Kluwer Copyright Blog

JUNE 20, 2023

In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law.

Artwork 98

Artwork Contracts Ownership IP 98

Kluwer Copyright Blog

AUGUST 16, 2021

Welcome to the second trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. 4(2) of Regulation (EC) No 1049/2001 ) was that doing so would undermine the copyright protection of the standards at issue. Stay tuned!

Copyright Law 52

Copyright Law Copyright Law Art 52

Kluwer Copyright Blog

SEPTEMBER 13, 2024

The case concerns the protection under Dutch copyright of the iconic “DSW” chair designed by American designers Charles and Ray Eames. Kwantum, a popular low-budget furniture store chain, sold copies of the chair without rightholder Vitra’s permission. The wording of Directive 2001/29 is sufficient in itself” [para.

Designs 78

Designs Design Art Copyright 78

The IPKat

JUNE 17, 2023

Would you say that Cattelan’s work (realized for an exhibition in Miami in 2019) is an unauthorized reproduction of the 2001 work below, titled Banana and Orange , and thus an infringement of the copyright vesting in it? Of course, that is not all: Comedian has in fact also sparked litigation in the USA.

Copyright Infringement 143

Copyright Infringement Copyright Art Artistic Work 143

Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

Kluwer Copyright Blog

JULY 11, 2022

That copyright was found to have been infringed by the creators of an ‘interactive dining experience’ which used Del Boy and the other main characters from ‘Only Fools and Horses’, one of the most successful British TV comedies of the 1980s and 1990s. The Infringement. The Defences. Passing Off.

Copyright Infringement 119

Copyright Infringement Copyright Music Intellectual Property 119

Copyright Lately

DECEMBER 29, 2021

Relying on the server test , Sinclair unsuccessfully argued that it and its affiliates didn’t infringe the copyright in Nicklen’s video because they only embedded it on their websites from Instagram or Facebook, as opposed to maintaining a copy of the video on a Sinclair-controlled server.

Copyright 123

Copyright Fair Use Social Media Copying 123

The IP Law Blog

DECEMBER 2, 2021

Johannsongs-Publishing claimed that You Raise Me Up, which was written by Rolf Lovland and Brendan Graham and released in 2001 by Secret Garden and later by Josh Groban in 2003 infringed on its rights in Soknodur. There was no dispute among the parties that plaintiff did hold a valid copyright in Soknodur (except as to the lyrics).

Copyright Infringement 98

Copyright Infringement Copyright Art Copying 98

Kluwer Copyright Blog

OCTOBER 9, 2022

According to Article 16 EU DSM Directive 2019/790 (“DSM Directive”), a “publisher” may have a claim to a share of the author’s statutory remuneration claims – such as fair compensation for private copies – if the author has granted the “publisher” a right in his work. But who is this “publisher”?

Publishing 97

Publishing Music Copyright Law Marketing 97

Kluwer Copyright Blog

JULY 27, 2022

Against this background, the European Copyright Society (ECS) issued on May 2022 a comment addressing selected aspects of the implementation of the new mandatory exceptions of Articles 3 to 7 of the Directive (drafted by Jonathan Griffiths, Tatiana Synodinou and Raquel Xalabarder). Preservation of Cultural Heritage (Article 6).

Copyright 98

Copyright Marketing Marketing Copyright Law 98

Kashishipr

AUGUST 2, 2021

Hard copies of the documents uploaded in the online application are sent along with the UTRN to the Customs Office. Documents required to be filed online along with the application are as follows: Proof of ownership of the IPR and copies of the corresponding registration certificate. Demand draft of Rs.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

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

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 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. In addition to rights of the author, German copyright law also recognises related rights.

Related Rights 52

Related Rights Law Copyright Copying 52

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. tournament circuit beginning in 2022.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

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. 5 InfoSoc Directive.

Art 83

Art Copyright Law Copyright Music 83

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 Napster case gained immense popularity since it explored the intersection of copyright laws and peer-to-peer file sharing systems.

Fair Use 52

Fair Use Music Copying Copyright 52

Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

MARCH 14, 2024

Part I covers decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. Part II will focus on copyright contract law and claims under copyright law. I. Copyright protection 1. This implements Article 5(3)(e) of the InfoSoc Directive.

Law 69

Law Music Art Copyright 69

LexBlog IP

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a mask work with the Copyright Office provides certain legal benefits, including the ability to bring a lawsuit for infringement of the mask work. Inspection of a Registered Mask Work. government.

Registration 40

Registration Designs Design Copying 40

Kluwer Copyright Blog

MAY 17, 2023

among others, temporary reproduction, some lawful uses, private copy/reprography, private study, illustration for teaching and research), which are either classified or labelled differently in different Member States, or are qualified as acts outside the scope of copyright instead of L&Es. Private copy and reprography.

Reporting 52

Reporting Copyright Public Domain Copying 52

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. It also addresses changes to the German Collecting Societies Act (VGG) and copyright liability of online content sharing service providers.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

CopyrightsWorld

APRIL 4, 2022

In 2001, I founded the first online music community in Greece (Musicwave. Since then, we have been getting a lot of questions about copyright and online protection. Users were reluctant to upload their creations to a place where everyone could easily get a copy just by making a right-click. What has the journey been like?

Copyright 52

Copyright Ownership Technology Social Media 52

The IPKat

AUGUST 25, 2023

As usual, before anything else, it must be shown that the subject matter for which copyright protection is claimed is not a mere idea but the original expression thereof. Ideas cannot be protected under copyright law [ IPKat on the notion of idea/expression dichotomy].

Copyright Infringement 52

Copyright Infringement False Advertising Branding Brands 52

LexBlog IP

DECEMBER 7, 2022

copyright law does not protect “elements of expression that nature displays for all observers,” [8] which, according to Cattelan, excludes the main components of Morford’s artwork. Cattelan moved to dismiss Morford’s infringement and plagiarism claims on three grounds: [7]. ” [21]. .”

Copyright 52

Copyright Copying Artwork Art 52

The IPKat

AUGUST 6, 2023

Only two of the 43 areas deal with American copyright law (probably a correct percentage given the EU focus of IPKat), but this small number should have disqualified me from writing a book review where there are 41 out of 43 articles on topics I know nothing about, including the entire fields of trade mark and patent law.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Copyright Law 52

IIPRD

AUGUST 11, 2023

According to the well-settled laws of copyright, it is a blatant mutilation of the rights of an author over their works and the characters they have developed. 3d 1004, 1021, 1022 (2001). [3] IP ISSUES CREATED BY THE MANGA FAN BASE Due to the growing interest of the world inMangas several rights of a manga-ka are challenged.

Art 52

Art IP Intellectual Property Copyright 52

Technology & Marketing Law Blog

MAY 15, 2024

19, 27 (2001) (Ginsburg, J.); One Music Specialist work (“Jam the Box”) was interpolated into Flo Rida’s hit song “In the Ayer,” which sold millions of copies and reached No. This Court could clarify that and do good in providing uniform administration of copyright law. Andrews , 534 U.S. at 37 (Scalia, J.,

Music 105

Music Blogging Copyright Ownership 105

Kluwer Copyright Blog

JUNE 7, 2023

But copyright law faces daunting challenges when copyrighted material not only inspires a creative process, but becomes the very object of it. Pastiche in EU copyright law: All dressed up but nowhere to go? She stares into the abyss of a copy-paste kitsch world ”. According to Art. No, thank you!

Copyright 119

Copyright Art Copyright Law Law 119

LexBlog IP

NOVEMBER 30, 2022

2001), which itself carried on the notion described in Publications International, Limited, v. Meredith Corporation : In one case, the alleged infringement involved the copying of approximately 170 recipes, which were accompanied by “much other instructive and valuable matter and information for household and family purposes.”

IP 52

IP Intellectual Property Fair Use Trademark 52

43(B)log

AUGUST 3, 2023

Musicologists in litigation: (1) identify formal similarities—instrumentation, chord progression; (2) opine on how aesthetically similar/significant those similarities are; (3) opine about the rarity of similar features; (4) opine that copying did or didn’t occur. Same concept of similarity governs both elements of the copyright claim!

Music 52

Music Art Copying Licensing 52