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EU law: Generative AI, copyright infringements and liability – My guess for a hot topic in 2024

Kluwer Copyright Blog

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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Going (copyright) bananas: Maurizio Cattelan prevails in copyright infringement lawsuit over Comedian

The IPKat

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? Let’s see more in detail how the judge reasoned.

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Cloudflare liable for copyright infringement by providing CDN services but not for DNS resolver services

The IPKat

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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Derivative works: the Adventures of Koons and Tintin in French copyright law

Kluwer Copyright Blog

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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Why do only fools and horses write original material? UK court finds copyright infringement of ‘Del Boy’ character

Kluwer Copyright Blog

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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Ninth Circuit Refuses to Adopt “Ordinary Observer” Test for Substantial Similarity and Copyright Infringement

The IP Law Blog

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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3 Count: 12th Man, 5th Circuit

Plagiarism Today

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.