TorrentFreak

FEBRUARY 27, 2023

Sony Sends in the Lawyers When Sony released the PSP in 2004, the race to run ‘homebrew’ software on the PSP also began. Gaming giant sony responded with a copyright infringement lawsuit targeting two companies and a director connected to the Datel products.

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Copyright Copying Art Copyright Infringement 145

Copyright Lately

OCTOBER 25, 2021

Here are some of the greatest copyright horror stories, featuring such classics as “Nightmare on Elm Street,” “Halloween,” “Dracula,” “Ghostbusters” and … a creepy McDonalds character? The only thing scarier than a slasher flick is a lawsuit. It’s Halloween time again! Skully Curly.

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Copyright Cinema Copying Copyright Infringement 145

The IPKat

DECEMBER 13, 2022

We begin with developments in the copyright field. In February , Kenya’s parliament passed the Copyright Amendment Bill 2021. Amongst other things, the Act also establishes a National Rights Registry (NRR ) , which is the central repository collating details pertaining to the ownership of various copyright works.

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Copyright IP Music Ownership 122

The IPKat

DECEMBER 14, 2023

Today, we begin with developments in the copyright field. The Regulations were made pursuant to section 45 of the Copyright and Neighbouring Rights Act and came into force on 18th March 2022. The photographer, Esther Umoh called this person out for copyright infringement on social media platform “X”.

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Copyright IP Social Media Copyright Infringement 92

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.

Copyright 103

Copyright Copying Copyright Infringement Licensing 103

Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. SSPL was incorporated in 2004. Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. Plaintiff’s Arguments.

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Registration Artistic Work Copyright Registering Trademarks 98

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790).

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Contracts Copyright Law Cease and Desist 98

IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.”

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Copyright Public Domain Copying Publishing 98

IP and Legal Filings

AUGUST 14, 2023

Copyright is a more complicated problem. Per Article 5(2) of the Berne Convention [9] , copyright is established without the need for any further procedures. Since copyright is “universal”, some argue that the lex originis should be utilised to determine who owns works that have been plagiarised.

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Indiana Intellectual Property Law

JANUARY 26, 2024

SRT) for alleged copyright infringement. It goes onto explain that in 2004, Liu created a graphic work known as the “Diamond Tile,” a unique square or rectangular tile featuring a three-dimensional design composed of various diamond-like elements, which he had copyrighted with the United States Copyright Office in 2017.

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Copyright Infringement Copyright Designs Design 40

TorrentFreak

JANUARY 15, 2024

Back in 2004, when LimeWire was the file-sharing client of choice for millions of users, FrostWire appeared as the new kid on the block. Play Store Takes Down FrostWire At the end of November last year, Google informed the FrostWire team that its app had been suspended from Google Play due to alleged copyright infringement.

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Music Copyright Infringement Copyright Copying 125

Technology & Marketing Law Blog

JULY 25, 2022

Eleven days ago, the Ninth Circuit reaffirmed that: (1) the discovery rule of accrual applies to the Copyright Act’s three-year statute of limitations; and (2) when the discovery rule applies, the copyright owner is not limited to damages for acts occurring within three years before the date of filing the lawsuit. Scholastic, Inc. ,

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Blogging Copyright Licensing Copyright Infringement 98

Technology & Marketing Law Blog

DECEMBER 15, 2021

A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. Diebold from 2004, which led to a $125k damages award. A New 512(f) Plaintiff Win!

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Registration Fair Use Copyright Designs 132

TorrentFreak

DECEMBER 31, 2022

Adblocking Does Not Constitute Copyright Infringement. In January, Axel Springer lost its copyright infringement lawsuit against Eyeo GmbH, the company behind Adblock Plus. With this 2004 message, the movie industry hoped to turn illegal downloaders into paying customers. — 10. So why are you pirating?

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Copying Publishing Copyright Infringement Copyright 141

IPilogue

NOVEMBER 11, 2021

For fifty years, the Copyright Society of the USA (CSUSA) has invited numerous esteemed figures to present the annual Donald C. Similarly, the boundary between copyright and user rights can also be likened to a “moving target” – elusive, ever-evolving, and always open to debate. Brace Memorial Lecture.

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Fair Use Copyright Law Copyright Intellectual Property 110

Canadian Intellectual Property Blog

OCTOBER 13, 2021

Hendley, 2021 FC 498 [ Winkler ], the Federal Court (the “Court”) addressed an unusual issue of copyright protection in a nonfictional work containing descriptions of events with questionable historical accuracy. In its decision, the Court reiterated that copyright protection does not extend to facts.

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Copyright Copyright Infringement Publishing Intellectual Property 52

The IPKat

SEPTEMBER 24, 2021

The attention of this SpecialKat was recently drawn to the decision of the Nigerian Court of Appeal in Banire v NTA-Star TV Network Ltd regarding the question of authorship and ownership of copyright in photographs used for advertising purposes and the issue of image rights in Nigeria.

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Ownership Artistic Work Contracts Copyright 91

Kluwer Copyright Blog

MAY 20, 2024

The facts of the case are all too familiar by now: in 2004, German band Kraftwerk took hip hop producer Moses Pelham to court for copyright infringement after he sampled two seconds of their song “Metall auf Metall” and looped it in Sabrina Setlur’s track “Nur Mir”. Although AG Crúz Villalon argued in his Opinion (para.

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Copyright Law Law Copyright Derivative Work 72

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.

Law 52

Law Copyright Due Diligence Copyright Infringement 52

The IPKat

DECEMBER 10, 2023

Copyright Anastasiia Kyrylenko discussed the recent interpretation of Article 4 of Directive 2004/48/EC by the CJEU in relation to possibility for collective management organisations to bring, in their own name, actions for copyright infringement on behalf of the right holders.

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Registration Copyright Law Copyright Intellectual Property 69

Michael Geist

FEBRUARY 21, 2023

Canadian copyright lobby groups have relentlessly lobbied the government to overturn decades of Supreme Court of Canada jurisprudence, seeking unprecedented restrictions on fair dealing that include eliminating it for educational institutions if a licence is available. These claims are grounded in multiple inaccuracies.

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Copyright Licensing Higher Education Fair Use 56

SpicyIP

JUNE 30, 2023

Image from here In a copyright dispute involving two giants of the media industry, Shemaroo sued Super Cassettes (SCIPL), in Shemaroo Entertainment Ltd vs Super Cassettes Industries Pvt Ltd and Ors , for allegedly publishing audio-visuals of songs from 24 films (suit films) without seeking prior permission from it. Defendant no.

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Cease and Desist Ownership Copyright Publishing 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.

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Copyright Law Copyright Law Copyright Infringement 52

Copyright Lately

MAY 17, 2021

Parody is tricky, both as an art form and as a matter of copyright law. And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. Did SNL go too far?

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TorrentFreak

MARCH 13, 2023

MVL Film Finance LLC Targets Google When MVL Film Finance LLC (MVL) was incorporated in 2004/5, its purpose was to finance Marvel Studios’ production of 10 “live-action or animated films” based on up to 10 of Marvel’s comic book characters. On one hand that’s a positive response to a copyright complaint.

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Editing Copyright Copyright Notice Copyright Infringement 104

SpicyIP

AUGUST 8, 2023

The second was filed by the plaintiff to restrain the defendant from committing trademark/copyright infringement and passing off with respect to the mark ‘MODERN’.

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Trademark Registration Advertising Advertising 98

Kluwer Copyright Blog

MARCH 18, 2024

Photo by Christian Wiediger from Unsplash Part I of this annual post reporting on the copyright case law of the German Bundesgerichtshof covered decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. Part II will focus on copyright contract law and claims under copyright law.

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Law Copyright Law Contracts Copyright 69

LexBlog IP

JUNE 26, 2023

It began selling its uniquely decorative “weathered-teak” furniture to exclusive retailers in 2004. JSC filed suit for copyright infringement, trade dress infringement, and unfair competition. JSC designs high-end furniture hand-crafted by woodworkers in Indonesia.

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Copying Social Media Designs Design 52

The IPKat

NOVEMBER 22, 2022

The IPKat is pleased to host the following post by former GuestKat Jan Jacobi , analyzing the recently released Opinion of Advocate General (AG) Rantos in Castorama Polska, C-628/21, a referral for a preliminary ruling from Poland asking about the correct interpretation of the right to information under the Enforcement Directive 2004/48.

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IP Intellectual Property Ownership Copyright 52

Kluwer Copyright Blog

DECEMBER 28, 2021

In the light of the above-mentioned results, gathered through the submission of the questionnaire and the examination of relevant studies on the national remedies against copyright infringement and the related national case-law (for instance see Campus, G. and Bulayenko, O.,

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IIPRD

JUNE 29, 2022

Copyright: France, the brand’s home country, allows for copyright protection for footwear and fashion items. According to statistics, Louis Vuitton counterfeits accounted for 18% of all counterfeit items seized in the European Union in 2004!

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The IPKat

SEPTEMBER 14, 2022

Goold believes the Digital Revolution similarly entails novel risks of accidents, here: accidental patent or copyright infringement (in the book and this review, references to 'IP' should be read as to these two species). Meanwhile, traditional safeguards designed to prevent accidents have gradually eroded over time" [ibid].

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IP Intellectual Property Patent Law Technology 91

The IPKat

NOVEMBER 20, 2022

When he was inducted into the Rock and Roll Hall of Fame in 2004, Prince said, " When I first started out in the music industry, I was most concerned with freedom. From the perspective of a national court, TPB operators would therefore be primarily liable for copyright infringement.

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Music IP Licensing Copyright 52

IIPRD

NOVEMBER 14, 2023

Both the e-platforms and sellers have to take initiatives wherein the sellers need to register their products for trademark, copyrights and patents while the platforms have to exercise strict no-tolerance policy in case of infringements. For example, Amazon holds patent over auto-authentications of transactions in India. 379 (2022). [6]

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Intellectual Property Due Diligence Journalism IP 59

The IPKat

JUNE 23, 2022

The Claimant Heitec adopted its name as early as 1991, the Defendant Heitech in around 2004. A claim for copyright infringement and passing off was issued in December 2019. Retromark rarely strays into copyright, but that was the main basis of Shazam’s successful claim. Under EU law, no, says the CJEU. IPKat here.

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The IPKat

NOVEMBER 27, 2023

Lidl sued Tesco because, it claimed, Tesco’s Clubcard logo infringed its trade marks and copyright in its own logo, relying on versions with and without text (see the competing depictions below). The judge found trade mark infringement (of both the logo with and without the word “LIDL”), passing-off and copyright infringement.

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BYU Copyright Blog

FEBRUARY 24, 2025

Harris claims that, in taking these actions, the University has not protected students' copyrights and fair use rights. In 2022, Plaintiff filed a Complaint against the University which alleged, among other claims, copyright infringement. This is not the first time, however, that Plaintiff has brought this issue to court.

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