The IPKat

NOVEMBER 7, 2023

As IPKat readers know, unlike other areas of IP, the creation of an EU-wide copyright title has never appeared like a concrete possibility. Indeed, the history of EU copyright harmonization has progressed in steps, with several directives (and a couple of regulations) being adopted over a period of 30+ years.

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Hugh Stephens Blog

DECEMBER 13, 2024

Image: Pixabay Last month I highlighted the first AI/Copyright case in Canada to reach the courts, CanLII v CasewayAI.

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The IPKat

MAY 7, 2024

Kat (re-)unification Should the EU unify the copyright laws of its Member States and introduce, over thirty years after the start of the harmonization process, a unitary copyright title? Indeed, in 1997, the proposal for what would be eventually adopted as the InfoSoc Directive in 2001 was released. The short answer is: yes.

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The TTABlog

MAY 24, 2024

In 2001, I first created my list of "The Top Ten Losing TTAB Arguments" in an article published in Allen's Trademark Digest. Text Copyright John L. pdf here ). The article provided my commentary on the top ten losers, with exemplary cases. The 2024 list is slightly different. Read comments and post your comment here. Welch 2024.

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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.

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Velocity of Content

SEPTEMBER 2, 2021

In my first post in this series, after discussing the basics of good copyright practice for bloggers (and other creators whose distribution is primarily through social media sites), I went on to look at the DMCA and how it may be seen as a useful first-line-of-defense bit of IP protection for content first appearing on such sites.

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Copyright Lately

MAY 10, 2024

Nealy , yet the Court is already poised to make its new decision on copyright damages obsolete. Nealy , ruling that, so long as a claim is timely filed, a copyright plaintiff is “entitled to damages, no matter when the infringement occurred.” The ink’s not even dry on Warner Chappell Music v. Yesterday, the U.S.

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IPilogue

SEPTEMBER 22, 2022

According to Copyright Lately , tensions are rising in the Livingston family as to who earns the royalties from the Academy Award-winning composer, Jay Livingston’s hit songs. Copyright law may diverge from what the artist originally intended. The Deal with Copyright Termination. The Livingston Trust. The Livingston Trust.

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The IPKat

AUGUST 31, 2021

2021 is a momentous year for EU copyright law: it is the 30th anniversary since the adoption of the first ever copyright directive (the Software Directive 1991/250) and the 20th since the passing of the seminal InfoSoc Directive 2001/29. To celebrate the publication of Copyright in the Digital Single Market.

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Copyright Lately

DECEMBER 29, 2021

Remembering another frustrating year with a countdown of 2021’s most unsatisfying copyright rulings. Here are my personal picks for the copyright opinions from 2021 that, much like the year itself, leave a little something to be desired. Walt Disney Company. Sinclair Broadcast Group, Inc.

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TorrentFreak

JANUARY 15, 2025

After appearing on the USTR’s Priority Watch List in 2000 and 2001, Malaysia quickly showed “significant improvement” and was moved to the less oppressive Watch List a year later. From: TF , for the latest news on copyright battles, piracy and more.

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Intellectual Property Law Blog

JANUARY 11, 2023

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. Unlike copyrights, which are not necessarily registered with the United States Copyright Office (USCO), mask works must be federally registered in order to receive protection.

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IP Law 360

SEPTEMBER 23, 2021

Taylor Swift's lawyers will argue next week in a California federal court that lyrics from her 2014 hit "Shake It Off" about "players" and "haters" are well within the public domain and don't rip off an R&B song from 2001. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

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IIPRD

MARCH 13, 2025

With so many IPs available trademarks, patents, copyrights, and more – how can you choose the right one for your work, product, or business? Copyright Copyright refers to the exclusive rights granted to the authors or performers for their original work or performance like book, film, paintings, compute programmes, etc.

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Kluwer Copyright Blog

DECEMBER 6, 2023

Photo by Aaron Burden on Unsplash In 2019, the European Union (EU) adopted its most important copyright reform in the past 20 years with the Copyright in the Digital Single Market (DSM) Directive. A core goal of the DSM Directive was to adapt EU copyright law to the digital era, ensuring it could address new practices.

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Kluwer Copyright Blog

JANUARY 23, 2024

It does seem like the topic of AI and copyright was everywhere in the copyright world last year. While some digital topics have been known to cause a great commotion in copyright circles only to later sink practically without a trace, unless I am mistaken, the issue of the copyright implications of AI is different.

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IP Law 360

DECEMBER 12, 2022

A California federal court on Monday dismissed a 5-year-old copyright suit claiming Taylor Swift lifted a line from a 2001 R&B song for her chart-topping hit "Shake It Off" after the parties filed a joint stipulation agreeing to end the matter.

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Copyright 73

Kluwer Copyright Blog

DECEMBER 12, 2022

The new copyright rules relevant to “Big Deals”. Under the law of copyright, the authors of works of science are the copyright owners of their published articles. Under the law of copyright, the authors of works of science are the copyright owners of their published articles.

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Kluwer Copyright Blog

JULY 11, 2022

The Intellectual Property Enterprise Court (IPEC), part of the English High Court, has ruled that copyright subsists in the character of Derek ‘Del Boy’ Trotter and that a character can be protected as a literary work under the UK’s closed list of copyright works ([ 2022] EWHC 1379 IPEC ).

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Technology & Marketing Law Blog

JUNE 27, 2023

Among all of the fruits, bananas play an especially important role in copyright jurisprudence. 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 short answer should be “never.”

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Kluwer Copyright Blog

JANUARY 31, 2022

This post is based on the chapter “The Football Game as a Copyright Work” in Natalie Helberger, Joost Poort, Martin Senftleben, Mireille van Eechoud, Stef van Gompel (eds.). Football games, as such, would remain free from copyright. The purported exclusion of football from copyright: misunderstanding the rules.

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Copyright Intellectual Property Social Media Law 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. The copyright exception for pastiche has received little attention in this regard. Pastiche in EU copyright law: All dressed up but nowhere to go? According to Art. In 2019, Art.

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Copyright Art Copyright Law Law 119

The IPKat

MARCH 6, 2023

3(1) Directive 2001/29/EC as transposed into the German Copyright Act. § 15(2) of the German Copyright Act lists several rights, which fall within the broader right of communication to the public. It issues licenses for the communication to the public of cinematographic works on the basis of § 22 of the German Copyright Act.

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The IP Law Blog

DECEMBER 16, 2021

The IP Law Blog has been tracking the progress of the copyright infringement lawsuit filed against Taylor Swift by Sean Hall and Nathan Butler, the writers of “Playas Gon’ Play” by the girl group 3LW (released in 2001). (See See “Taylor Swift Keeps Fighting the ‘Players’ and the ‘Haters’” and “Hall v.

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Copyright Infringement Copyright Blogging Law 98

IP and Legal Filings

MARCH 9, 2022

The encouragement towards innovation is legalized under Intellectual copyrights patents and trademarks Rights are provided by the states around the globe. Copyright- copyright protection is given to the works of authorship. Is Copyright registration mandated in India?

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Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

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Derivative Work Copyright Law Copyright Law 111

Plagiarism Today

MARCH 9, 2022

Initially released in May 2000, Limewire was a peer-to-peer file sharing service that found a great deal of success and infamy following the closure of Napster in July 2001. The move marks just the latest shift in the NFT space that should give creators and copyright holders pause for concern. A Tainted History.

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The IPKat

OCTOBER 30, 2023

Therefore, as regards a portrait photograph, the protection conferred by Article 2(a) of Directive 2001/29 cannot be inferior to that enjoyed by other works, including other photographic works. Second, only once it has been determined that copyright subsists in a specific work the question of scope of protection comes into play.

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Copyright Law Copyright Law Marketing 61

The IPKat

FEBRUARY 29, 2024

Copyright and design rights are often invoked in parallel, particularly in relation to works of applied art [ e.g. IPKat here ]. This time, this Kat has found a recent decision issued by the Tribunal Judiciaire of Paris in a dispute concerning both copyright and trade mark infringement. The court first tackled trademark infringement.

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Copyright Infringement Copyright Cease and Desist Intellectual Property 101

Kluwer Copyright Blog

JULY 27, 2022

Source: European Copyright Society. 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).

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Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790).

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The IPKat

AUGUST 8, 2022

Many readers will already be familiar with this title, since it won our IPKat book of the year award 2021 for best copyright book! But, for those who are yet to pick up a copy, here is what is in store: The EU legislature adopted Directive 2019/790 on Copyright in the Digital Single Market (DSM) in 2019.

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The IPKat

JULY 15, 2021

Here's what Frederic writes: The General Court of the EU wanders into copyright law, and gets disoriented by Frederic Blockx No access for Kats Traditionally, the last few days of the Term yield an impressive harvest of cases out of Luxembourg. In doing so, the Court draws arguments from copyright law, which warrant closer attention.

Copyright Law 97

Copyright Law Copyright Law Intellectual Property 97

TorrentFreak

JUNE 1, 2024

Peak Napster At the start of 2001, Napster’s user base reached a peak of more than 26.4 This happened during July 2001, little more than two years after Napster launched. From: TF , for the latest news on copyright battles, piracy and more. Within a year, the RIAA sued Napster Inc. million worldwide.

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The IPKat

MARCH 25, 2024

Here’s what Henning writes: Works of applied art – the difference between design and copyright law by Henning Hartwig I. USM Haller modular furniture In 2011, the Court of Justice of the EU (CJEU), for the first time, had to decide on issues revolving around the protection of different categories of works under European copyright law.

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Copyright Law Art Design Designs 80

IP Intelligence

APRIL 24, 2023

Although the Copyright Office’s official guidance on whether you can be the author of AI output is a solid “maybe? Consistent with the Copyright Office’s guidance in the Compendium, Third Edition, there is often “creative input or intervention from a human author” at multiple steps in the process. This creates a major problem.

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TorrentFreak

SEPTEMBER 2, 2021

Many copyright holders stress that piracy hurts their bottom line. Its introduction in 2001 was sudden, the technology is ideally suited for software piracy, and it wasn’t notably interrupted during the sample period which ends in 2007. From: TF , for the latest news on copyright battles, piracy and more. Subscriptions.

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