The IPKat

OCTOBER 21, 2023

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 ]. This lamp was registered as an international design on 28 January 1991 [ here ]. The interior designer then appealed.

Moral Rights 86

Moral Rights Cease and Desist Copyright Infringement Copyright 86

TorrentFreak

AUGUST 26, 2024

Piracy Shield has had its fair share of problems but on a fundamental level, it appears to have been designed for a much smaller job. Copyright Law or Something Else? The volume of blocking wasn’t anticipated, which is an altogether more valid reason than catering for just 60 to 70 ISPs when the country has 300+.

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. If a 3 -step test is included, it could be designed to expand the flexibility, not shrink it.

Public Domain 69

Public Domain Contracts Copyright Licensing 69

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

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

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

Technology & Marketing Law Blog

AUGUST 1, 2023

As a practical matter, the answer is certainly yes; an open system is built into the design of the internet. It is hornbook law that secondary liability of all kinds requires proof that direct infringement is occurring. The question is whether the same is true as a legal matter.)

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. 5 Rental Directive ).

Copyright 52

Copyright Licensing Art Publishing 52

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. 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

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

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. It’s a sad, frustrating tale.

Plagiarism 279

Plagiarism Art Marketing Marketing 279

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

” Dark patterns are deceptive tactics or design patterns that impair people’s autonomy, decision-making, or choice to force them to do something. However, it may be more appropriate to consider trademark law as a comparable framework for comprehending the extent of the personality right. L., & Lemley, M.

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

Copyright Lately

OCTOBER 25, 2021

The humanized skeleton figure on the left is Skully, which artist and entrepreneur Gregory Spiers first conceived while designing a T-shirt for the Lithuanian Olympic basketball team. The humanized skeleton figure on the right is Curly, a character designed for Scholastic’s popular “Goosebumps” series of books.

Copyright 145

Copyright Cinema Copying Copyright Infringement 145

SpicyIP

JANUARY 2, 2022

In 2006 Kibow had applied for registration of its invention for a certain composition that augments kidney function and was granted patent protection. If a sub-brand performs the function, as Asava possibly does in this case, it must be treated as a trademark. Centaur Pharmaceuticals Pvt Ltd and Kibow Biotech Inc.

IP 143

IP Intellectual Property Copyright Trademark 143

Kluwer Copyright Blog

NOVEMBER 6, 2024

According to this provision, Berne states are not obliged to grant copyright protection to works that originate from a country that does not itself provide for copyright protection of industrial designs. 17 Design Directive, Art. 96(2) Design Regulation). The second argument is equally questionable.

Art 75

Art Copyright Designs Design 75

Velocity of Content

NOVEMBER 25, 2024

↩︎ See, e.g., German Act on Copyright and Related Rights (Urheberrechtsgesetz – UrhG), § 3 – Adaptations, Copyright Act of 9 September 1965 (Federal Law Gazette I, p. 1273), as last amended by Article 25 of the Act of 23 June 2021 (Federal Law Gazette I, p. 1858); Copyright, Designs and Patents Act 1988, c.

Copyright 52

Copyright Derivative Work Intellectual Property Copying 52

Technology & Marketing Law Blog

JANUARY 14, 2025

The 281 videos at issue, uploaded in 2006-13, had background music that allegedly infringing the plaintiffs’ copyrights. ” “Plaintiffs contend that they showed that the Vimeo staff had legal acumen as to copyright laws. We disagree. ” (emphasis added).

Music 92

Music Fair Use Copyright Cease and Desist 92