43(B)log

AUGUST 9, 2024

DSM Directive in EU and US developments were all about enforcement on the elephants. Roots as old as 2001 Directive ordering methods developed, as well as 512(j)(1) allowing site-blocking injunctions in the US which has never really been tested in court. Group one: fair use. TDM/fair use is the way to go.

Fair Use 59

Fair Use Moral Rights Law IP 59

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Court of Appeals for the Second Circuit rejected Jeff Koons’ fair use argument ( section 107 of the Copyright Act 1976 ) based on parody ( Rogers v. Moulinsart, the Belgian company that holds the rights to Tintin, and the heir of the author, Hergé, holder of the moral rights, brought a copyright infringement case against Marabout.

Derivative Work 111

Derivative Work Copyright Law Copyright Law 111

LexBlog IP

AUGUST 31, 2022

ii) For Laughs : Real Infringement Cases Impacted, In The US and Elsewhere, By Claims To Humor To Show Fair Use Or Non-Confusion. ” Although the CJEU never mentioned the phrase ‘moral rights’ in its ruling, paragraph 31 might be read as referring to them.”). ”)(italics in Rosati).

Fair Use 52

Fair Use Trademark Moral Rights Law 52