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.

Copyright Infringement 98

Copyright Infringement Copyright Blogging Law 98

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 ).

Copyright Infringement 108

Copyright Infringement Copyright Music Intellectual Property 108

Plagiarism Today

AUGUST 16, 2021

1: Man Files Copyright Lawsuit Against Nickelback Over ‘Rockstar’ First off today, Lauryn Schaffner at Loudwire reports that a musician named Kirk Johnston has filed a lawsuit against Nickelback, Roadrunner records and others involved with the band. 3: Saga Over Garment Design Copyright Infringement Ends with Ceremonial Fire.

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Copyright Infringement Copying Copyright Plagiarism 246

Plagiarism Today

SEPTEMBER 13, 2021

1: Texas A&M Escapes Copyright Claims at 5th Circ. The case involves author Michael Bynum, who sued the school for alleged copyright infringement when the school’s athletic department published and shared a story he commissioned about the schools “12th Man” mantra. Over 12th Man Story.

Copyright Infringement 174

Copyright Infringement Copyright Plagiarism Licensing 174

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.

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Copyright Music Due Diligence Social Media 99

Plagiarism Today

SEPTEMBER 15, 2022

1: Judge Denies Taylor Swift’s Last-Ditch Request to Spike ‘Shake It Off’ Copyright Lawsuit. The lawsuit was filed by songwriters Sean Hall and Nathan Butler, who claim that Swift’s Shake it Off is a copyright infringement of their 2001 song, Playas Gon’ Play , which was written for the R&B group 3LW.

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Reporting Copyright Infringement Plagiarism Licensing 200

LexBlog IP

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.

Copyright Infringement 52

Copyright Infringement Copyright Art Copying 52

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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LexBlog IP

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).

Copyright Infringement 52

Copyright Infringement Copyright Blogging Reporting 52

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 78

Copyright Fair Use Social Media Artwork 78

Plagiarism Today

SEPTEMBER 8, 2022

Million Award for Rapper in Copyright Battle. 2: Sam Smith, Normani Ask Judge to Dismiss ‘Nonsensical’ Claims in Amended Copyright Infringement Lawsuit. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: 11th Circuit Overturns $1.4 Specifically, they cited lyrical and other similarities.

Copyright Infringement 175

Copyright Infringement Licensing Reporting Plagiarism 175

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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Copyright Artwork Copying Social Media 92

Plagiarism Today

AUGUST 9, 2021

1: Major Record Labels Sue Charter Communications Again for Alleged Copyright Infringement. 2: World Kung Fu Governing Body Uses Copyright Law to Hunt Down YouTube Critics. 3: Judge Issues Ruling on Films Using Copyrighted 9/11 Footage. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

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Licensing Plagiarism Copyright Government 246

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.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

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.

Copyright 112

Copyright Fair Use Social Media Copying 112

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.

Fair Use 55

Fair Use Art Copyright Infringement Copyright Law 55

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

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

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 104

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.”

Copyright Infringement 98

Copyright Infringement Copyright Copyright Law Litigation 98

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.

Television 145

Television Licensing Copyright Art 145

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Blogging 81

Blogging Copyright Contracts Cease and Desist 81

JD Supra Law

JULY 30, 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.”

Copyright Infringement 55

Copyright Infringement Copyright 55

Patently-O

FEBRUARY 22, 2024

Nealy , which deals with a circuit split over the availability of back-damages in copyright infringement cases. He claimed other parts of the Copyright Act authorize full recovery of damages without any “lookback” restriction, such that imposing one would contradict Congress’s intent. 19, 37 (2001) (Scalia, J.

Copyright 67

Copyright Music Publishing Copyright Infringement 67

Kluwer Copyright Blog

NOVEMBER 22, 2021

In addition to rights of the author, German copyright law also recognises related rights. The exhaustion of copyright in computer programs, which is harmonised under European law in Article 4(2) of the Computer Programs Directive (2009/24), was transposed into law in Germany in Section 69c No. 3, second sentence UrhG.

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Related Rights Law Copyright Copying 52

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

LexBlog IP

SEPTEMBER 21, 2021

Photographs of these and other somber scenes from downtown Manhattan on September 11, 2001 formed the basis of photojournalist Anthony Fioranelli’s copyright infringement case against several media organizations that allegedly used these photos without permission. An ambulance being lifted out of the wreckage.

Fair Use 40

Fair Use Copyright Infringement Copyright Intellectual Property 40

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.

Music 52

Music Copyright Law Copyright Infringement Intellectual Property 52

Olartemoure Blog

JULY 17, 2023

Barbie was created in 1959, and when she was 42 years old, in 2001, Bratz entered the scene. The court awarded MGA over $137 million for copyright infringement. These new dolls captured about 40% of Barbie’s market share in five years, creating tension between Mattel and MGA.

Intellectual Property 52

Intellectual Property Contracts Designs Design 52

The IPKat

OCTOBER 15, 2023

When assessing whether a work of applied art affords exclusive rights granted through copyright, what factors should be considered? The Respondent submitted that the Palais Royal dining table would not be protected by copyright since it is not sufficiently original.

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Art Designs Design Marketing 90

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. Morford’s work is only protected by a “thin” copyright, and there is no substantial similarity between the two works.

Copyright 52

Copyright Copying Artwork Art 52

The IPKat

MAY 9, 2023

In a recent decision, the Cologne Regional Court (LG Köln) found that adding a glass canopy to a mosque infringed the architect’s copyright and must be removed ( 14 O 12/22 ). Statutory copyright protection remains unaffected. […] § 13. According to the defendant, there was no copyright infringement issue in this case.

Copyright 52

Copyright Moral Rights Contracts Art 52

TorrentFreak

JUNE 3, 2023

Based on claims that over 90% of the sound recordings indexed by the sites are protected by copyright and shared illegally by Bulgarian BitTorrent users, BAMP and IFPI referenced the CJEU ruling in the BREIN/ Ziggo case ( C-610/15 ). From: TF , for the latest news on copyright battles, piracy and more.

Music 128

Music Copyright Infringement Copyright Reporting 128

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. It should be borne in mind that infringement of copyright in a photograph is not so easily upheld by the courts.

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Copyright Infringement False Advertising Branding Brands 52

SpicyIP

JUNE 12, 2023

The Bombay High passed two important orders related to the assignment of copyright, Calcutta High Court passed a first-of-its-kind order on the Plant Varieties Act, granting an interim injunction to the plaintiff. of the LFA to hold that a deed of re-assignment should have been executed for re-assignment of the copyright.

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Copyright Advertising Advertising Trademark 83

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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Cease and Desist Non-Fungible Tokens Music Plagiarism 223

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 plaintiff company owned the copyright of several films and these were not licensed to any party.

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Social Media Trademark Licensing Music 89