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

Kluwer Copyright Blog

FEBRUARY 24, 2023

Photo by Christian Wiediger from Unsplash 2021 saw a very active German Bundesgerichtshof (“BGH” – Federal Supreme Court) in the area of copyright law. This article covers the most relevant copyright law decisions of the BGH from that year. Part II will cover claims under copyright law and collecting societies.

Copyright 52

Copyright Law Due Diligence Copyright Infringement 52

IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. Challenges in IPR Regulation in e-commerce As per a survey, around 38% online buyers experienced counterfeit products and 1/3 rd people have gotten copied products. iv. Statutes Information Technology Act, No.21,

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

Intepat

APRIL 19, 2023

SCOPE OF PROTECTION UNDER COPYRIGHT LAW The Copyright Act, of 1957 defines “ literary work ” under section 2(o), to include computer programs, tables and compilations including computer databases. Copyright can protect certain kinds of CRIs, mainly computer software inventions.

Invention 52

Invention Intellectual Property Patent Copyright 52

Kluwer Copyright Blog

JUNE 17, 2021

So, it does reutilise the database’s content and by the fact that it previously copies and indexes the content of CV-Online Latvia’s database, it also extracts it. More from our authors: Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty. One way or another, it will be interesting. [1]

Database Right 52

Database Right Law Copyright Law Advertising 52

IP and Legal Filings

AUGUST 14, 2023

Person A makes a copy of the movie on his phone and shares it with his friends. Going back to the same example again, the first point of infringement would be where A illegally copied the film. Which law to choose then? Consider a set up where ‘Ship Sterling Star’ is a movie that is available on an OTT platform called ‘Surnet’.

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

Michael Geist

AUGUST 3, 2021

.” The decision removes any doubt that the Supreme Court remains strongly supportive of user’s rights in copyright and vindicates years of educational policy in shifting away from Access Copyright toward alternative means of ensuring compliance with copyright law. 42; see also CCH, at para.

Copyright 102

Copyright Copying Copyright Infringement Licensing 102

The IPKat

DECEMBER 19, 2022

The AAs’ IP enforcement norms (modelled on Directive 2004/48/EC , Regulation 608/2013 , and Directive 2000/31/EC ) did not only favour IP rightholders. Moldova and Ukraine have been mostly copy-pasting the AA norms into their national laws (a pattern one can also observe in some EU Member States, when they implement EU Directives).

IP 126

IP Intellectual Property Law Copying 126

IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. The papers were taken from copies of the examination papers that students provided, not from publications by the University of London Press Ltd. can have copyright.

Copyright 96

Copyright Public Domain Copying Publishing 96

IPilogue

JULY 12, 2021

Not only did the Supreme Court of Canada hear the much-anticipated York University v Access Copyright appeal, an important case on the nature of copyright collective licensing and educational fair dealing, but it was also the Honourable Rosalie Silberman Abella’s final hearing as a Supreme Court Justice.

Copyright Law 119

Copyright Law Copyright Law Music 119

Michael Geist

AUGUST 5, 2021

Yet Access Copyright has returned to its longstanding playbook of downplaying Supreme Court decisions and misleading its own members in the process. For example, the 2004 CCH decision is now widely regarded as Canada’s most consequential copyright decision, affirming the role of user’s rights and the need for balance in copyright.

Copyright 145

Copyright Copying Licensing Litigation 145

IPilogue

NOVEMBER 11, 2021

Professor Vaver spoke on the origins of fair dealing in Canada and its differences and similarities in comparison to the American legal concept of “fair use”, its evolution throughout the history of Canadian common law jurisprudence, and its potentially far-reaching future beyond Canada and copyright law. .

Fair Use 110

Fair Use Copyright Law Copyright Intellectual Property 110

Michael Geist

FEBRUARY 21, 2023

In doing so, they have relied on a steady diet of misleading claims about the state of the law, the licensing practices of Canadian educational institutions, the importance (or lack thereof) of copying of materials in course packs, and the effects of fair dealing. The caselaw on Canadian copyright is unequivocal.

Copyright 55

Copyright Licensing Higher Education Fair Use 55

Canadian Intellectual Property Blog

OCTOBER 13, 2021

the defendants, for copyright infringement. In 2004, Mr. Hendley wrote and published a book called The Black Donnellys: The Outrageous Tale of Canada’s Deadliest Feud (the “ Outrageous Tale ”) , which cited The Black Donnellys as authority for many of the historical events detailed in the book.

Copyright 52

Copyright Copyright Infringement Publishing Intellectual Property 52

Michael Geist

JULY 20, 2022

For much of the past two decades, copyright groups have steadfastly sought to deny what the Supreme Court of Canada has repeatedly endorsed, namely that the purpose of Canadian copyright law is to serve the public interest by balancing users’ and authors’ rights. ” The decision – SOCAN v. 339, at para.

Copyright Law 141

Copyright Law Copyright Law Music 141

IPilogue

OCTOBER 4, 2021

Photocopying classroom materials in a K-12 public school system may have seemed harmless and benign before the 2012 Supreme Court of Canada case, Alberta v Canadian Copyright Licensing Agency (Access Copyright). The decision reframes traditional teaching pedagogies by considering the artist and owner rights under copyright law.

Copyright 131

Copyright Copying Fair Use Editing 131

43(B)log

OCTOBER 13, 2021

The use of the song itself in the video was “best described as a wholesale copying of music to accompany a political campaign ad.” 00-cv-6068, 2004 WL 434404 (S.D.N.Y. The quantity and value were plainly not reasonable in relation to the purpose of the copying. Another SDNY case, MasterCard Int’l Inc. Nader 2000 Primary Comm.,

Fair Use 83

Fair Use Music Marketing Marketing 83