The IP Law Blog

DECEMBER 2, 2021

The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement claim or to depart from this approach and apply the Second Circuit’s “ordinary observer” test instead. In Johannsongs-Publishing, Ltd.

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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.

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The IPKat

FEBRUARY 12, 2024

The plaintiff sued Cloudflare for copyright infringement. It found that Cloudflare was liable for copyright infringement due to providing the CDN services but not for the DNS resolver services. Copyright infringement on ddl-music.to infringed the plaintiff’s right under the German equivalent of Art.

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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.

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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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The IP Law Blog

JULY 29, 2021

In December 2019, Scott Hervey wrote about the copyright infringement lawsuit filed against Taylor Swift by the writers of the song “Playas Gon’ Play.” The song was released by the girl group 3LW in 2001 and included the lyrics “Playa, they gonna play / And haters, they gonna hate.”

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JD Supra Law

JULY 21, 2022

The US Court of Appeals for the Ninth Circuit analyzed the fair use doctrine of US copyright law in a dispute for recognition of a 2001 French judgment relating to a finding of copyright infringement of certain photographic works featuring the art of Pablo Picasso.

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The IPKat

JUNE 2, 2023

These interpretations, acting as socially critical commentary, sparked a heated debate and consequent lawsuit from Eriksen's heirs, alleging copyright infringement. This ruling has significant implications for Danish copyright law and the broader fields of media and art in Denmark.

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Kluwer Copyright Blog

JANUARY 31, 2023

Therefore, case law plays a huge role in ensuring the establishment of a fair and balanced liability regime, in particular as concerns the issue of (indirect) liability for internet service providers and other intermediaries whose services are used to commit copyright infringements. That has now changed.

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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. A Personal View The High Tech Law Institute has a special affinity for bananas copyright law. ” Independently (?),

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LexBlog IP

MAY 24, 2023

The name was Napster, and in its wake, it left a transformed landscape of music consumption and copyright law. And that’s where the tumultuous saga of copyright law begins. With millions of copyrighted songs being shared for free, artists and record labels weren’t exactly singing in jubilation.

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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.

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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? 24(1) German Copyright Act (UrhG). This finding of the Berlin Regional Court seems obvious.

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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.

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Kluwer Copyright Blog

SEPTEMBER 20, 2023

Assigned the case for the third time, the BGH then referred to the CJEU for a preliminary ruling on the interpretation of the relevant EU law ( BGH, 1.6.2017 – I ZR 115/16 ; commented here ). 22 December 2002 to 7 June 2021: Copyright infringement However, from 22 December 2002, the sampling can no longer be considered free use.

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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.

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The IPKat

SEPTEMBER 7, 2024

Vitra's DSW chair One of the cornerstones of international copyright law – specifically: the Berne Convention (BC) – is the principle of national treatment under Article 5: authors who are nationals of a Berne Union member state are eligible for protection under the law of other member states at the same conditions as nationals of those countries.

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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. ROMs which are possessed or distributed without the copyright holders’ permission likely violate copyright law in various ways. While Nintendo has waffled on its support for the Smash Bros.

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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.

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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.

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IP and Legal Filings

MARCH 28, 2024

7] , the plaintiff filed a lawsuit alleging copyright infringement and requested the issuance of an interim injunction to prevent the defendant’s film “Mohenjo Daro” from being released.

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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. Ideas cannot be protected under copyright law [ IPKat on the notion of idea/expression dichotomy].

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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.

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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.,

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Patently-O

FEBRUARY 22, 2024

Nealy , which deals with a circuit split over the availability of back-damages in copyright infringement cases. 19, 37 (2001) (Scalia, J. by Dennis Crouch and Timothy Knight On February 21, 2024, the Supreme Court heard oral arguments in the case of Warner Chappell Music v. ” See, for example, TRW Inc. Andrews , 534 U.S.

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The IPKat

MAY 9, 2023

Statutory copyright protection remains unaffected. […] § 13. Copyright (1) The architect retains all rights to which he is entitled under copyright law, unless they have been transferred to the client in accordance with the content of this contract or on the basis of [any additional] agreement.

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LexBlog IP

DECEMBER 7, 2022

Cattelan moved to dismiss Morford’s infringement and plagiarism claims on three grounds: [7]. 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. ” [11]. ” [21]. .”

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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. A: songwriters have tried to push back, but not with success.

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Plagiarism Today

DECEMBER 13, 2022

But both the district court and the appeals court ruled against Genius, saying that their claims were preempted by copyright law. 2: DaBaby Facing Copyright Lawsuit Over His No. 2: DaBaby Facing Copyright Lawsuit Over His No. 1 Hit “Rockstar”. 1 Hit “Rockstar”.

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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.

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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.

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Technology & Marketing Law Blog

MAY 15, 2024

19, 27 (2001) (Ginsburg, J.); 2020), the Second Circuit purported to reaffirm that “the discovery rule applies for statute of limitations purposes in determining when a copyright infringement claim accrues under the Copyright Act.” By Guest Blogger Tyler Ochoa Last week, the U.S. Andrews , 534 U.S. at 37 (Scalia, J.,

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Kluwer Copyright Blog

JUNE 21, 2021

3 Directive 2001/29/EC on the harmonization of certain aspects of copyright and related rights in the information society (“InfoSoc Directive”). 17 DSM Directive are to be characterized as questions of copyright which are exempt from the country of origin of Art. 3] e.g. for German law implementing Art. by Tito Rendas. €

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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. or LGL), seeking a declaratory judgment of non-infringement and/or fair use for the entire Prince Series.

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SpicyIP

AUGUST 2, 2021

Starting off with the copyright exceptions, she writes about how the Standing Committee Report views the exception to infringement under Section 52 as widely scoped and detrimental to the publishing industry and authors. India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts.

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SpicyIP

JANUARY 2, 2022

The suit concerned agreements dating back to 2001 between IPRS and ENIL regarding broadcasting music in certain cities. When ENIL broadcast music in cities other than the ones in the agreement, IPRS filed an infringement suit. Meher Distilleries Pvt Ltd v. Revocation of Pepsico’s PVP certificate by the PPV & FR Authority.

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Kluwer Copyright Blog

MARCH 5, 2025

The purpose was to ascertain whether a two-second sample from a phonogram could fall under the scope of the (undefined and unharmonized) pastiche exception to copyright infringement. However, in parallel, Germany implemented the caricature, parody, and pastiche exception into national law. 3d 1257 (11th Cir.

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