Kluwer Copyright Blog

JUNE 29, 2023

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. You can read the previous round-ups here. For a blog post detailing the hearing before the court see here.

Copyright Law 64

Copyright Law Law Copyright Publishing 64

TorrentFreak

DECEMBER 23, 2021

When the Swedish Pirate Party was founded in early 2006, the majority of the mainstream press was skeptical, with some simply laughing it away. Thus far we haven’t seen any new comments regarding ‘piracy’ issues, but passing stricter copyright laws will probably not be on the political agenda in Czechia in the coming years.

Government 145

Government Copyright Law Copyright Law 145

TorrentFreak

JULY 29, 2021

In the past, those operating unlicensed torrent sites or streaming services in the UK needed to be aware of breaching civil copyright law, action that could result in a damages award but not a custodial sentence. Times have changed.

Copyright Infringement 143

Copyright Infringement Copyright Copyright Law Law 143

SpicyIP

APRIL 18, 2025

[Part II] Cryogas Judgment: Supreme Court Stops Copyright from Gaslighting Design By Aditya Bhargava In the first part of the post, I looked at how jurisprudence has evolved from the Microfibres case in 2006 up to the present case in Cryogas. copyright law, useful articles (like clothing, furniture, appliances, etc.)

Designs 59

Designs Design Copyright Artistic Work 59

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. These provisions were further transferred into the Civil Code in 2006.

IP 133

IP Branding Brands Branding 133

TorrentFreak

SEPTEMBER 23, 2022

The site was a true passion project but in 2006 it suffered a setback when law enforcement authorities seized the site’s server. The site eventually returned only to get hacked three years later, but Luigi refused to give up and later applied political pressure to limit the strength of copyright law.

Copyright 98

Copyright Music Copyright Law Publishing 98

IIPRD

JANUARY 7, 2025

Black-Letter Law and Commentary (BNA Books, 2007) 32 [5] Burroughs Wellcome v Barr Labs, Inc., 6] IDA v University of Southampton [2006] EWCA Civ 145, [39] [7] Noam Shemtov, A Study on Inventorship in Inventions Involving AI Activity (EPO, 2019) 19. [8] 8] Lisa Vertisky, Thinking Machines and Patent Law in Barfield et al (eds.),

IP 98

IP Intellectual Property Invention Inventor 98

TorrentFreak

AUGUST 26, 2024

AGCOM Prepares to Target a VPN It’s no secret that ISP blocking can be instantly defeated using a VPN, but it’s worth keeping in mind that the first VPN protocol (PPTP in 1996) predates pirate site blocking in Europe by a decade (AllofMP3, 2006). Copyright Law or Something Else?

Reporting 125

Reporting IP Copyright Contracts 125

Kluwer Copyright Blog

APRIL 18, 2024

The 2006 GA authorized negotiations for a diplomatic conference on the Broadcast Treaty only on “traditional” broadcasting and cable casting and only adopting a “signal based” approach. We write to inform those wary of the potential for a new sweeping WIPO Internet treaty to take note.

Public Domain 69

Public Domain Contracts Copyright Licensing 69

Velocity of Content

SEPTEMBER 2, 2021

Creative Commons licenses might well be understood as building upon the underlying system of copyright law – just as any license does – but with the supplemental flavor of a standardized, and generally permissive, license expression.

Copyright 116

Copyright Licensing Derivative Work Social Media 116

The IPKat

OCTOBER 21, 2023

Copyright infringement cases often provide an opportunity to explore exceptions and limitations to copyright. This time this Kat encountered a recent French case involving incidental inclusion, an optional exception/limitation to copyright under EU copyright law [ IPKat on incidental inclusion here ].

Moral Rights 86

Moral Rights Cease and Desist Copyright Infringement Copyright 86

The IP Law Blog

FEBRUARY 1, 2024

It has been using the PUNCHBOWL mark since 2006 and has federal trademark registrations covering the mark. In Punchbowl Inc. v AJ Press, the plaintiff, Punchbowl Inc., is a technology company that provides online invitations and greeting cards. AJ Press was founded by two journalists who used to write for Politico.

Television 113

Television Trademark Law Registration 113

The IPKat

NOVEMBER 20, 2022

Oriakhogba’s work is a timely reflection on approaches to navigate the complex terrain of using copyright laws to address issues of ownership, control and management inherent in or arising from repatriated (and/or "should-be-repatriated") cultural heritage materials.

Ownership 96

Ownership Copyright Intellectual Property Law Government 96

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 82

Art Copyright Designs Design 82

TorrentFreak

JANUARY 29, 2023

As outlined again only this month , people who simply watch pirate streams break UK law. If the content comes from an illegal source, it’s illegal to consume it under copyright law. That is a fact – there is no debate. A stronger, criminal angle might prove more persuasive.

Television 145

Television Copyright Reporting Law 145

Kluwer Copyright Blog

JANUARY 31, 2022

A closer look, however, reveals that the purported exclusion of sports events, and football in particular, from copyright is far from secure. Football matches could not be works because these “are subject to rules of the game, leaving no room for creative freedom for the purposes of copyright.”.

Copyright 105

Copyright Intellectual Property Social Media Law 105

IP and Legal Filings

JANUARY 13, 2023

DE MINIMIS IN COPYRIGHT LAW. Wilmot Storage Services [2] , the court laid down the scope and extent of de minimis while stating that it can be used in matter of copying of the copyrighted content instead of just a mere display of such work. 2 (Spring 2006), pp. 2 (Spring 2006), pp. In the landmark case of Bell v.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

IP and Legal Filings

MARCH 28, 2024

The Bombay High Court dismissed the plaintiff’s claim that the title was copyrighted from the outset, citing a number of precedents to support its ruling that “it is settled law, and has been for a very long time, that there is no copyright in a title.” 20, 2023) [link] [10] Arbaaz Khan Production (P) Ltd.

Cinema 98

Cinema Copyright Blogging Registration 98

TorrentFreak

NOVEMBER 12, 2022

The police make this clear when they write to the owners of listed domains, warning of offenses under the Fraud Act 2006, Copyright Designs and Patents Act 1988, and even the Serious Crimes Act 2007. By extension, the operator of the domain is a suspected criminal. Free.fr: The website of French Internet service provider Free.

Advertising 104

Advertising Advertising Reporting Intellectual Property 104

Kluwer Copyright Blog

MAY 1, 2023

A 218/24.11.2022) implemented into the Greek legal order Directives (EU) 790/2019 (hereinafter DSMD) and 789/2019 (as well as Directive 2006/115 on the public lending right, but this is another (lengthy) story…).

Licensing 98

Licensing Publishing Related Rights Law 98

Technology & Marketing Law Blog

AUGUST 1, 2023

The problem arises because copyright law is written as an “opt-in” system (no copying without authorization), while the Internet is designed as an “opt-out” system (it allows copying unless it is prohibited). I think this ruling reinforces why the CJPA is preempted by federal copyright law. 882 (2006).

Blogging 98

Blogging Copying Social Media Copyright 98

Kluwer Copyright Blog

FEBRUARY 9, 2022

Collective licensing with extended effect covers various mechanisms in national copyright law to fill the gaps in the repertoire of the collective management organization (“CMO”), which can then conclude licences for works of right holders who are not affiliated to the CMO.

Copyright 52

Copyright Licensing Art Publishing 52

Kluwer Copyright Blog

DECEMBER 20, 2022

Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works.

Copyright 59

Copyright Related Rights Artistic Work Public Domain 59

IPilogue

OCTOBER 19, 2022

One must of course first start with the Copyright Act itself and deal with what the Supreme Court also said in Compo (above): “Mr Hughes … put it very well when he said that copyright law is neither tort law nor property law in classifi­cation, but is statutory law.

Copyright Infringement 105

Copyright Infringement Copyright IP Designs 105

IP and Legal Filings

JANUARY 22, 2024

Development of Copyright Law Protection of Intellectual property rights has always been in existence among various sections of the society. TRIPS Agreement accepted the Berne Convention except Article which states that copyright protected work shall enjoy the copyright protection in all countries of the union.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

IIPRD

NOVEMBER 14, 2023

Upendra Baxi, COPYRIGHT LAW AND JUSTICE IN INDIA Author(s): Upendra Baxi Source : Journal of the Indian Law Institute , October-December 1986 , Vol.28,No.4Published 4Published by : Indian Law Institute Stable URL : [link] , 28 497 (1986). | Definition from TechTarget , [link] (last visited Sep 7, 2023). [5] 379 (2022).

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

Velocity of Content

NOVEMBER 5, 2024

ARS team member for 8 years When Finding the Content Is Just the Beginning “I received a request for a dissertation written in 2006 by a student who had attended KU Leuven in Belgium. I located the author’s email address and reached out to her twice.

Journalism 52

Journalism Copying Publishing Intellectual Property 52

SpicyIP

DECEMBER 17, 2023

‘AI Generated Work’, ‘Computer Generated’ and ‘Work’ in Copyright: Whether AI Generated Work is a ‘Work’? Can AI Generated works be regarded as “works” capable of protection under copyright law? 1253/DEL/2006 and 4197/DEL/2015) related to computer software based on earlier guidelines of the patent office.

IP 59

IP Trademark Advertising Advertising 59

Traverse Legal Blog

OCTOBER 24, 2024

Explaining the rationale behind this, the Ninth Circuit stated that: “Were we to conclude that [Plaintiff’s] misappropriation claim was not preempted by the Copyright Act, then virtually every use of a copyright[] would infringe upon the original performer’s right of publicity.” Sony Music Entm’t, Inc. ,

Social Media 98

Social Media Copyright Infringement Copyright Law 98

Plagiarism Today

FEBRUARY 10, 2022

Machine has made and displayed his cherry blossom paintings since 2006 and this includes the Walker Gallery in Liverpool, a gallery that Hirst has been featured at as well. In 2006, he was accused by a graphic artist, Robert Dixon, of plagiarizing elements of Valium from his Dixon’s work.

Plagiarism 279

Plagiarism Art Marketing Marketing 279

Kluwer Copyright Blog

SEPTEMBER 24, 2023

Once upon a time, back in 1993, public lending was introduced in Greece as an exclusive right, an (easy and cost-free for the State) implementation of the Directive 92/100 (later codified by Directive 2006/115). The ‘Snow White’ and the seven (and ½) dwarves: the current legal regime In November 2022, Law 4996/2022 (Of.

Copyright Law 122

Copyright Law Law Publishing Music 122

IP and Legal Filings

MARCH 30, 2023

It was also contended by scholars that dilution would go on to replace copyright law as well as conventional trademark protection, since it could create trademark rights in gross by permanently removing fictional characters in the public domain. [3] 1125(c) (2006). [2] 1125(c) (2006). [5] 1125(c) (2006). [14]

Trademark 98

Trademark Trademark Law Television Law 98

Likelihood of Confusion

FEBRUARY 22, 2025

Originally posted 2006-11-09 23:09:02. Republished by Blog Post Promoter Rebecca Tushnet gives us the blow-by-blow on the fight over the copyright in the Dead Sea Scrolls. Any juxtaposition of brilliant and talented graverobber Hershel Shanks and hereditary monarch David Nimmer is worth taking a look at.

Blogging 52

Blogging Copyright Copyright Law Law 52

TorrentFreak

JULY 1, 2023

A split-second decision to backup The Pirate Bay in 2006 saved the site and thanks to the silent work of archivists over several years, RARBG’s massive magnet link database didn’t die along with the site. Copyright Law,” the DMCA notice reads. I own full rights to these videos.

Copyright 145

Copyright Privacy Music Copyright Law 145

IP and Legal Filings

FEBRUARY 20, 2024

However, it may be more appropriate to consider trademark law as a comparable framework for comprehending the extent of the personality right. Anyone engaging in the unauthorised exploitation of a celebrity’s name or misrepresentation shall face consequences under this section of the law. Stanford Law Review , 58 (4), 1161–1220.

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92

Kluwer Copyright Blog

NOVEMBER 17, 2021

Germany has always had an extensive judicial practice in copyright law. Usually, judges with a specialist knowledge of copyright law issue the decisions because among German courts, decision making bodies specialised in copyright law have been created. Definition of a work (Sections 2-5 UrhG). 4, (2) UrhG.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 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. One might wonder if a rights issue exists.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105