Good Deed for the Day: Helping Old Producers Cross Agents
Likelihood of Confusion
APRIL 8, 2025
Originally posted 2010-11-30 08:00:13.
Should the EU unify copyright laws?
The IPKat
MAY 7, 2024
Kat (re-)unification Should the EU unify the copyright laws of its Member States and introduce, over thirty years after the start of the harmonization process, a unitary copyright title? Just a few examples: in 2010, the Wittem Group of academics released a model EU copyright code. The short answer is: yes.
Copyright Law 
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3 Count: Polish Rejection
Plagiarism Today
APRIL 27, 2022
1: Top EU Court Rejects Polish Complaint Over Copyright Law. First off today, John Silk at Deutsche Welle reports that the highest court in the European Union, the European Court of Justice (ECJ), has rejected a Polish challenge to the latest EU copyright directive. Have any suggestions for the 3 Count? Next up today, K.J.
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Best of 2010: Trademarks, copyright, brand equity, and rent-seeking: Soapbox 2010
Likelihood of Confusion
AUGUST 25, 2023
First posted on January 17, 2010. The post Best of 2010: Trademarks, copyright, brand equity, and rent-seeking: Soapbox 2010 appeared first on LIKELIHOOD OF CONFUSION™. From last week’s INTA Trademark Topics email discussion list. One name has been changed to protect the innocent, and the links, by way of.
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The Challenges of Generative Artificial Intelligence and US Copyright Law
JD Supra Law
MARCH 25, 2024
In 2010, while I was attending my computer information systems class as a freshman at Arizona State University, my professor introduced me to the concept of Moore’s Law - the observation that the number of transistors on an integrated circuit will double every two years with minimal rise in cost.
Best of 2010: Moral rights in Massachusetts
Likelihood of Confusion
APRIL 30, 2022
First published April 12, 2010. Lee Gesmer reported last month on a pretty important decision in copyright law: A First Circuit ruling applying the Visual Rights Act, which–well, Lee says. The post Best of 2010: Moral rights in Massachusetts appeared first on LIKELIHOOD OF CONFUSION™.
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‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790
Kluwer Copyright Blog
MAY 11, 2023
Section 24 of the Regulations generically refers to the Mediation Act 2017 and the Arbitration Act 2010 as frameworks supporting dispute settlement solutions with no state involvement. This is without doubt a weakness, which leaves both creators and users at the veritable mercy of online platforms.
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The Importance of Germany’s Ad Blocking Ruling
Plagiarism Today
JANUARY 25, 2022
Calling the lawsuit “without merit”, the court said, “here is no unauthorized duplication and/or reworking of copyrighted computer programs,” under German copyright law. Ad Blocking as Piracy and Copyright Infringement.
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RIAA: Pillar of the Plaintiff’s Bar
Likelihood of Confusion
DECEMBER 8, 2024
Originally posted 2010-11-09 10:15:20. Republished by Blog Post PromoterReuters “news service” “reports”: A record industry trade group on Thursday said it filed lawsuits against 751 people it claims used online file-sharing networks to illegally trade in copyrighted songs.
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Despite Demise of Real Property, Intellectual Property Doing Fine
Likelihood of Confusion
DECEMBER 12, 2024
Originally posted 2010-07-23 10:58:28. Republished by Blog Post PromoterAs predicted in this space, the Supreme Court has ruled against Grokster, according to the AP.
Protecting Semiconductor Chip Design under the Semiconductor Chip Protection Act of 1984 (SCPA) – Part I (Registration and Inspection)
Intellectual Property Law Blog
JANUARY 11, 2023
The individual/entity must physically appear at the Copyright Office in Washington D.C. Statistics from Copyright Office’s Annual Reports. Between 2010-2022, there are 646 mask works registered in the U.S. Copyright Office. Copyright Office by year for the last 10 years. source code) under copyright law.
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A plea for EU copyright unification coming from … the EUIPO?
The IPKat
NOVEMBER 7, 2023
Despite the relatively limited legislative harmonization, over the past several years the copyright laws of individual EU Member States have nevertheless become more and more harmonized, also thanks to the pivotal role played by the Court of Justice of the European Union (which I examine here ).
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“The Copyright Case of the Century”: Final Settlement between Google and Oracle on API Copyright Infringement
IPilogue
OCTOBER 26, 2021
Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . . The decade-long dispute between Google and Oracle over computer code’s copyrightability finally came to an end on April 5, 2021. copyright law. Supreme Court on October 7, 2020.
SpicyIP Weekly Review (January 27 – February 2)
SpicyIP
FEBRUARY 3, 2025
Can ‘Machine Unlearning’ ensure compliance with copyright laws? Prabha Sridevan, Judge, MHC (2000-2010) and Chairperson, IPAB (2011-2013) was recently interviewed by SpicyIP Doctoral Fellow Malobika Sen as part of her doctoral research.
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A Win for Users’ Rights: Supreme Court Finds Access Copyright Tariff Not Mandatory and End-User Perspective Must be Considered in Fair Dealing Analyses
IPilogue
AUGUST 23, 2021
Perhaps one of the most important copyright decisions since the 2012 ‘ pentalogy ’ cases, York University reflects the Supreme Court’s intention to develop Canadian copyright law in a way that maintains a balance between users’ and creators’ rights. Background. per full-time student and $0.10
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And worth every penny!
Likelihood of Confusion
DECEMBER 22, 2023
Originally posted 2010-07-29 22:57:01. Free (and apolitical) IP advice for bloggers over at Right Wing News. Republished by Blog Post Promoter The post And worth every penny! appeared first on LIKELIHOOD OF CONFUSION™.
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Traditional Tattoos on the Red Carpet: Continuing the Conversation of Collective Ownership
IPilogue
NOVEMBER 17, 2021
These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.
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Copyright and Artificial Intelligence in Music Creation
IP and Legal Filings
SEPTEMBER 11, 2024
For a work to be copyrightable, it must be “original ” and fixed in “ tangible form”, such as a sound “recording recorded on a CD” or a “literary work printed on paper ”. [2] It receives the full set of rights under copyright law, just like literary, dramatic, or artistic work”.
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Protecting Semiconductor Chip Design under the Semiconductor Chip Protection Act of 1984 (SCPA) – Part I (Registration and Inspection)
Intellectual Property Law Blog
JANUARY 11, 2023
The individual/entity must physically appear at the Copyright Office in Washington D.C. Statistics from Copyright Office’s Annual Reports Between 2010-2022, there are 646 mask works registered in the U.S. Copyright Office. Copyright Office by year for the last 10 years. source code) under copyright law.
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Watch Tower vs. McFree: Nonprofit Defends Critic’s Fair Use & Anonymity Rights
TorrentFreak
MARCH 19, 2022
. “We expect to address Watch Tower’s history of pursuing similarly abusive copyright claims against dissatisfied members – ‘apostates,’ in Watch Tower’s terms – who use its copyrighted works solely for the purpose of criticism…using the threat of ‘shunning’ to suppress open dissent.”
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Monday Miscellany
The IPKat
DECEMBER 6, 2021
CIPLITEC | Center for Intellectual Property Law, Information and Technology Copyright 2030 – “ The Future of the Creative Ecosystem in Europe ” (9 December 2021) CIPLITEC's interdisciplinary group of leading academics is organizing an online event on 9 December 2021 from 17:30 to 19:30 (CET). The role is based in London (West End).
The Great Escape: Rapidshare's managers avoid criminal sanctions in Switzerland
The IPKat
APRIL 21, 2022
In 2010, several right holders filed a criminal complaint for copyright infringement against three individuals involved with Rapidshare. In a recently published decision, the Zug Criminal Court ruled that the defendants were not liable for copyright infringement under criminal law.
Second Life case settles
Likelihood of Confusion
AUGUST 19, 2021
Originally posted 2010-03-28 10:00:14. The IMPACT® blog reports a settlement in the Second Life dispute. Republished by Blog Post Promoter. The post Second Life case settles appeared first on LIKELIHOOD OF CONFUSION™.
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Copyright Of Cinematograph Films: Indian Scenario
IP and Legal Filings
APRIL 26, 2023
According to Section 2(d)(v) of the Copyright Act, the producer of a cinematograph film is considered the work’s creator. [1] This preference for producers in copyright law has recently been questioned. Aplin, Intellectual Property: Patents, Copyright, Trademarks and Allied Rights 471(Sweet and Maxwell, London, 2010).
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Copyright as an Access Right: Concretizing Positive Obligations for Rightholders to Ensure the Exercise of User Rights
Kluwer Copyright Blog
MARCH 13, 2024
From this constitutional dimension of copyright emerged the notion of ‘user rights’ ( Geiger, 2020 ). Looking forward, it is essential to ensure that legitimate uses expressly foreseen by copyright law are enabled through better access to protected works. However, it is only a first step towards making user’s rights a reality.
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Sunday Surprises
The IPKat
MARCH 10, 2024
2024 European Copyright Society (ESC) Conference on conflict and trust in the European copyright system (24 May) The 2024 ECS conference will address current conflicts over the scope and enforcement of European copyright law and look for ways to resolve them in a trustworthy manner and with a balanced outcome.
ECtHR finds violation of right to property by State’s failure to enforce copyright
Kluwer Copyright Blog
SEPTEMBER 20, 2022
One year later, in 2010, the Irali Public Union (IPU), a nongovernmental organization, made the book available on its website ( www.history.az ) in electronic form. The decisions rendered by national courts must apply national law correctly and cannot be “arbitrary or otherwise manifestly unreasonable”.
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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement
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.
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Protecting Product and Packaging Designs in China Part II – Copyright
LexBlog IP
MAY 18, 2022
” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. .; (8) ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law.
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‘Cyber Monday’ Crackdown by ICE
Greenspoon Marder LLP
NOVEMBER 30, 2012
Department of Homeland Security, began ‘Operation in Our Sites’ in June of 2010 to prevent the sale of counterfeit goods by targeting those websites that sold both counterfeit and pirated merchandise to consumers. ICE, part of the U.S The post ‘Cyber Monday’ Crackdown by ICE appeared first on Greenspoon Marder LLP.
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Navigating the Global Intellectual Property Landscape: Key Treaties and Agreements
IIPRD
JUNE 24, 2024
3] Berne Convention for the Protection of Literary and Artistic Works, 1887 ‘The Berne Convention for the Protection of Literary and Artistic Works’, formed on September 9, 1886, is the earliest international treaty on copyrights. [4] 14] “Nayoga Protocol, 2010, UN Doc. It officially came into force on October 12, 2014. 121; 36 I.L.M.
Journey Through “Januarys” on SpicyIP (2005 – Present)
SpicyIP
FEBRUARY 27, 2024
We have already traversed through Junes , Julys , Augusts , Septembers , Octobers , Novembers , Decembers , and shared some stories like Rahul Cherian’s Legacy, 2010’s International Efforts on Pandemics, Corruption in IP Offices, Law Making via Leaked Documents, etc. It’s the 8th post of this monthly series.
Validity and Applicability of Nunc Pro Tunc Agreements in Transferring Intellectual Property Rights: A Comparative Analysis of India and the US.
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.
The Interplay of Personality Rights and Freedom of Expression- the Jackie Shroff’s Case’
IP and Legal Filings
JUNE 29, 2024
In the absence of a separate law safeguarding personality rights, the court granted relief by invoking passing off as governed under the Trade Marks law. Copyright laws also provide plausible remedies for enforcing one’s right to personality. Baby Gift House, 2010 SCC OnLine Del 4790. [6] Entertainment (P) Ltd.
A Seismic Ruling Undone: California’s Sound Recording Copyright Statute Does Not Include Public Performance Rights—Flo & Eddie v. Sirius XM (Guest Blog Post)
Technology & Marketing Law Blog
AUGUST 30, 2021
But much like George Washington’s army, even though Flo & Eddie lost many individual battles, they ultimately won the war, as their quixotic litigation campaign prompted Congress to grant protection to pre-1972 sound recordings equivalent to that provided to newer sound recordings under federal copyright law. 1381 (2010).
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IP Ownership in the M&E Industry
IP and Legal Filings
NOVEMBER 6, 2022
Only the material form into which the ideas are transferred i.e. the expression of an idea is where copyright protection exists.The rationale behind this is that protecting ideas under copyright law would ultimately stifle innovation and creativity by curbing the free flow of the same.
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Artificial Intelligence and IP: A Literature Review
SpicyIP
JULY 22, 2023
It recognizes that generative AI systems are trained by reading, viewing, and listening to copies of human-created works which are subject to copyright protection. The report states that there are no copyright laws right now that would provide protection to any wholly AI generated model or creation (Page no.
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AN ARGUMENT FOR EMBRACING THE LEGALITY OF CROWDFUNDED GAME MODS
JIPL Online
NOVEMBER 1, 2021
Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] First Monday , (May 3, 2010) [link]. 20, 2017), [link]. [3] Formgen Inc.,
Journey Through “Novembers” on SpicyIP (2005 – Present)
SpicyIP
DECEMBER 20, 2023
Spadika Jayaraj discussed a case where the Delhi High Court dismissed a suit by a media house accusing copyright infringement on its database of users. The issue has often arisen in the context of protecting confidential information through copyright law. E.g., see Prateek Surisetti’s post here and Niyati Prabhu’s post here.
Protecting Semiconductor Chip Design under the Semiconductor Chip Protection Act of 1984 (SCPA) – Part I (Registration and Inspection)
LexBlog IP
JANUARY 11, 2023
Statistics from Copyright Office’s Annual Reports. Between 2010-2022, there are 646 mask works registered in the U.S. Copyright Office. Copyright Office by year for the last 10 years. Copyright Office while register the software aspect of the designs (e.g., source code) under copyright law.
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Is Fanfiction Legal?
JIPEL Copyright Blog
APRIL 28, 2021
Fair use is an area of copyright law that allows for freedom of expression when using unlicensed copyrighted works in very limited and specific incidences, as established in 17 U.S.C. § 2010), where an author attempted to sell an unauthorized sequel to J.D. This is clear from the case of Salinger v. Colting , 607 F.3d
Parties Settle the Tips v. Wynk Copyright Dispute: Wynk, Wink, and a 12 Crore Nod!
SpicyIP
JUNE 25, 2024
In their arguments, Tips’ lawyers cited the specific wording of the section, as well as Rules 29 and 31 of the Copyright Rules, and a report from the Rajya Sabha Standing Committee on the Copyright (Amendment) Bill 2010, all of which specifically refer to radio and television broadcasting.
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Fair Use Shields Google in Its Copyright Battle with Oracle
The IP Law Blog
APRIL 8, 2021
Oracle, shortly after acquiring Sun Microsystems in 2010, accused Google of taking critical portions of the APIs in the Java code for unauthorized use in its Android platform.
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Patenting Informational Innovations: IOEngine Narrows the Printed Matter Doctrine
Patently-O
MAY 6, 2024
His 2017 Authorship Screen article argues that patent laws should apply an “authorship screen” to exclude aesthetic and informational innovation from its domain – a mirror image of copyright law’s functionality screen used to exclude functional innovation from its domain. 1603 (2017). Apotex, Inc. ,
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