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.

Copyright Law 61

Copyright Law Copyright Law Marketing 61

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

Copyright Infringement 143

Copyright Infringement Copyright Art Artistic Work 143

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.

Copyright Law 80

Copyright Law Art Designs Design 80

IPilogue

SEPTEMBER 22, 2022

Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. 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. The Deal with Copyright Termination.

Copyright 104

Copyright Music Copyright Law Television 104

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.

Reporting 100

Reporting Government Intellectual Property Publishing 100

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

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.

Copyright 97

Copyright Intellectual Property Intellectual Property Law Marketing 97

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.

Registration 189

Registration Designs Design Copying 189

The IPKat

SEPTEMBER 17, 2023

Here’s what Lokesh writes: Interpreting Article 17 of the Berne Convention: An unexplored emergency provision in international copyright law? Answering this, they claimed that Article 17 of the Berne Convention , which is popularly interpreted to authorize censorship of copyright work (e.g.

Copyright Law 83

Copyright Law Copyright Law Intellectual Property 83

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

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.

Copyright 116

Copyright Licensing Derivative Work Social Media 116

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.

Copyright 130

Copyright Publishing Journalism Art 130

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 120

Copyright Fair Use Social Media Copying 120

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.”

Copyright 98

Copyright Artwork Copying Social Media 98

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.

Copyright Infringement 127

Copyright Infringement Copyright Law Journalism 127

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.

Copyright 122

Copyright Publishing Marketing Marketing 122

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 119

Copyright Infringement Copyright Music Intellectual Property 119

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.). Bernt Hugenholtz, Kluwer Law International, 2021. Football games, as such, would remain free from copyright. Image by Keith Johnston via Pixabay.

Copyright 105

Copyright Intellectual Property Social Media Law 105

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

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).

Copyright 98

Copyright Marketing Marketing Copyright Law 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

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

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. — Of course, no state law claim is exactly the same as a copyright claim.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

IIPRD

MARCH 1, 2023

The general position in intellectual property laws states that upon the assignment of the copyright by the artist over his artwork to another legal entity, the artist cannot enjoy any economic benefits attached to the artwork. This provision allows authors to claim authorship over their work even after the assignment of the copyright.

Artwork 98

Artwork Intellectual Property Journalism Moral Rights 98

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.

Registration 130

Registration Designs Design Copying 130

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

IPilogue

JULY 21, 2021

copyright laws by copying their source code, it also complained that Hytera infringed the federal Defend Trade Secrets Act. Hytera served as a distributor for Motorola until 2001. Hytera Corp. Not only did Motorola Solutions allege that Hytera violated U.S.

Confidentiality 105

Confidentiality Intellectual Property Technology Copyright Law 105

The IPKat

JUNE 16, 2024

Background In 1999, Cattelan contacted Druet to create 8 wax sculptures, including amongst others La Nona Ora (1999) , La Rivoluzione Siamo Noi (2000) , and Him (2001). The same approach is found in national law. The authorship of some of Cattelan’s best-known wax sculptures.

Art 139

Art Copyright Copyright Law Law 139

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. According to US copyright law, the design of a so-called “useful article” may be copyrighted only insofar as its aesthetic aspects are separable from is utilitarian features.

Designs 78

Designs Design Art Copyright 78

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.

Copyright Infringement 98

Copyright Infringement Copyright Art Copying 98

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

IPilogue

JUNE 30, 2022

The lawsuit was filed in 2001 when the defendants were found to have registered the domain name ‘www.sholay.com’ for its website. It is settled law in India (and Canada) that titles of movies, books, songs etc. are not eligible for copyright protection. based company, as well as its Indian affiliates and founders.

Cinema 105

Cinema Artwork Trademark IP 105

Technology & Marketing Law Blog

MAY 15, 2024

In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.” Nealy , No.

Music 105

Music Blogging Copyright Ownership 105

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.

Art 83

Art Copyright Designs Design 83

SpicyIP

AUGUST 2, 2021

Parliamentary Standing Committee and Copyright Reform: One Step Forward, Three Steps Back. Adyasha wrote about the Parliamentary Standing Committee’s recommendations on the copyright regime in India. India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts.

Reporting 116

Reporting Designs Design IP 116

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

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 56

Fair Use Art Copyright Infringement Copyright Law 56