The IPKat

APRIL 3, 2023

The IPKat has received and is pleased to host a guest contribution by Desmond Oriakhogba on the new Copyright Act 2022 signed into law by Nigeria's President. The reform process is now complete with the recent assent to the Bill, as the Copyright Act 2022, by the Nigerian President.

Copyright 128

Copyright Intellectual Property Fair Use Copyright Law 128

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.

Copyright Law 72

Copyright Law Law Copyright Derivative Work 72

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.

Copyright 122

Copyright IP Music Ownership 122

IPilogue

FEBRUARY 4, 2022

Rosemary Nkechi Ogueri is a litigation lawyer and a legal associate at Ogunwale & Associates Law Firm in Nigeria. Copyright infringement is the violation and piracy of an author’s exclusive right through the unauthorized use of a Copyright-protected work.

Copyright Infringement 105

Copyright Infringement Copyright Copying Artistic Work 105

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.

Copyright 145

Copyright Cinema Copying Copyright Infringement 145

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.”

Copyright 98

Copyright Public Domain Copying Publishing 98

IPilogue

NOVEMBER 11, 2021

Emily Xiang is an IPilogue Writer, the President of the Intellectual Property Society of Osgoode (IPSO), and a 2L JD Candidate at Osgoode Hall Law School. . For fifty years, the Copyright Society of the USA (CSUSA) has invited numerous esteemed figures to present the annual Donald C. Brace Memorial Lecture.

Fair Use 110

Fair Use Copyright Law Copyright Intellectual Property 110

IPilogue

OCTOBER 26, 2022

The Code of the Cultural and Landscape Heritage’s legal force is separate from copyright laws and remains in effect when copyright protection does not. Photo Credits: The Fashion Law ; Jean Paul Gaultier ). Generally, copyright protection expires after a period following the death of the author.

Social Media 119

Social Media Cease and Desist Public Domain Artwork 119

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

IP and Legal Filings

JANUARY 24, 2023

In this article I will look into two main questions, firstly, who owns/ who should own the copyright in AI (ii) whether AI satisfies the criteria of human element in AI. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings.

Copyright 98

Copyright Ownership Artistic Work Intellectual Property 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

Michael Geist

OCTOBER 25, 2021

NDP MP Charlie Angus has been a consistent – and persistent – voice on digital policies since his election to the House of Commons in 2004.

Social Media 98

Social Media Privacy Law Copyright Law 98

TorrentFreak

SEPTEMBER 23, 2022

When Italy-based torrent site TNTVillage launched in 2004/2005, the BitTorrent file-sharing scene was driven by passionate people with their own unique visions, often centered around specific content niches. The site was a true passion project but in 2006 it suffered a setback when law enforcement authorities seized the site’s server.

Copyright 98

Copyright Music Copyright Law Publishing 98

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. You wouldn’t steal a car, right?

Copying 141

Copying Publishing Copyright Infringement Copyright 141

The IPKat

DECEMBER 19, 2022

EU trade agreements commonly include norms, which require partner countries to implement the EU’s own approach to copyright, geographical indications, or civil and customs enforcement of IP rights. AA norms, themselves based on deliberately vague provisions from Directive 2004/48/EC, were not written to be copied into a foreign legal order.

IP 126

IP Intellectual Property Law Copying 126

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. Here is what you missed last week on the IPKat.

Registration 69

Registration Copyright Law Copyright Intellectual Property 69

IP and Legal Filings

NOVEMBER 23, 2023

Publicity, such as character, reputation and personal brand, will be protected under various statutes, such as the Copyright Act 1957 and the Trade Marks Act 1999. iii] Provisions in Indians Laws Trademarks Act, 1999 does not make any exact provision for publicity rights, but its definition of ‘Marks’ contains names within its ambit. [iii]

Intellectual Property 105

Intellectual Property Privacy Branding Branding 105

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.

Copyright 52

Copyright Copyright Infringement Publishing Intellectual Property 52

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 Law Copyright Copyright Infringement 52

Velocity of Content

JUNE 8, 2022

All copyrights, except one, expire.*. Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about. Confused yet? Just wait.].

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

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.

Copyright 56

Copyright Licensing Higher Education Fair Use 56

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

MARCH 10, 2024

IMRO and Law Society Annual Copyright Lecture (1 May) The 5th annual IMRO/Law Society of Ireland Copyright Lecture will be held in Dublin on 1 May, 18:00 – 19:30. The theme of the lecture is ‘Music Copyright: The Text and Data Mining Exceptions and the EU's AI Act’. Register for the webinar here.

Intellectual Property 64

Intellectual Property Intellectual Property Law Copyright IP 64

The IPKat

JANUARY 31, 2022

Under article 8(1) of the Enforcement Directive (Directive 2004/48/EC) a claimant in infringement proceedings can request a court to order certain parties to disclose information. The defendants (Castorama Polska and Knor) are accused of infringing the copyrights of the claimant (a company called TB). One image is depicted below.

Intellectual Property 74

Intellectual Property Cease and Desist IP Copyright 74

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?

Fair Use 98

Fair Use Copying Television Social Media 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. IV. Copyright contract law (Sections 31 et seqq.

Law 69

Law Copyright Law Contracts Copyright 69

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.

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

The IPKat

MAY 8, 2022

The IPKat is pleased to host the contribution below by Katfriend Hanne Kirk (Gorrissen Federspiel) on a recent Danish decision concerning copyright protection of works of applied art. This is not compliant with the Enforcement Directive (2004/48/EC): “[…] to act as a supplementary deterrent to future infringers” cf. article 3).

Designs 69

Designs Design Art Marketing 69

SpicyIP

JANUARY 20, 2024

Mr. Kadirgamar traces it back to 1970 when WIPO conducted two surveys: one, on the teaching of industrial property law and the second on the teaching of copyright law teaching. Then in 2004, IIT Kharagpur’s Rajiv Gandhi School of IP came into being with generous funding from US billionaire Vinod Gupta.

Government 112

Government IP Intellectual Property Reporting 112

Intepat

OCTOBER 23, 2024

Retroactive and Prospective Assignment Agreement A prospective transfer of intellectual property rights (IPRs) is dependent on the occurrence of future events and is most commonly used in copyright law. Similarly, for Copyright law, the assignment agreement should be in writing and duly executed. In Ramesh L. Vadodaria v.

Intellectual Property 52

Intellectual Property Trademark Intellectual Property Law IP 52

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

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. 4Published by : Indian Law Institute Stable URL : [link] , 28 497 (1986). 5] Kirsty Phillips et al.,

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

Kluwer Copyright Blog

JUNE 17, 2021

The interpretation of the term ‘obtaining’ already had this effect in the first 2004 decisions on the sui generis right [2] but since then the CJEU’s tone on the rights was, as in copyright law, for an expansive interpretation (see Husovec’s 2014 criticism of the Innoweb ruling ). One way or another, it will be interesting. [1]

Database Right 52

Database Right Law Copyright Law Advertising 52

SpicyIP

DECEMBER 31, 2024

Weve tried to represent a diversity of subject matter also in this list, so its a mixed bag of cases dealing with patents, trademarks, copyright law etc. The Court opined that the proviso under Section 33(1) of the Act, which mandates that license can only be issued via copyright societies, does not apply to sound recordings.

IP 105

IP Invention Patent Copyright 105

Barry Sookman

MAY 4, 2020

Similar questions of whether AI generated subject matter can qualify for protection have arisen in other fields of intellectual property including copyright. Copyright statutes in many countries are premised on a work only being protected if the originality in the work arises from the authorship of a natural person. 2004), a U.S.

Intellectual Property 52

Intellectual Property Inventor Invention Copyright 52

43(B)log

OCTOBER 13, 2021

Also, the use here was commercial because “commercial” in §107 doesn’t mean commercial, but “whether the user stands to profit from exploitation of the copyrighted material without paying the customary price.” 00-cv-6068, 2004 WL 434404 (S.D.N.Y. Another SDNY case, MasterCard Int’l Inc. Nader 2000 Primary Comm.,

Fair Use 83

Fair Use Music Marketing Marketing 83