Biswajit Sarkar Copyright Blog

FEBRUARY 11, 2022

Given the fact that the copyright law was originally framed to protect literary and artistic works, it needs to be seen how much the law has evolved to grant protection to digitalized works. Kind of Copyright Infringement. The International Conventions on copyright law do provide certain protection to digitalized works.

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The IPKat

JULY 15, 2021

Here's what Frederic writes: The General Court of the EU wanders into copyright law, and gets disoriented by Frederic Blockx No access for Kats Traditionally, the last few days of the Term yield an impressive harvest of cases out of Luxembourg. In doing so, the Court draws arguments from copyright law, which warrant closer attention.

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Copyright Law Copyright Law Intellectual Property 97

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The courts need to understand the degree to which such usage may harm the work or decrease the profits for the owner of the copyright. Today, this doctrine has become one of most popular doctrines in the realm of copyright law. It allows people a positive defense against the infringement of copyright. Definition.

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Fair Use Copyright Law Copyright Law 52

SpicyIP

AUGUST 13, 2024

Part of the difficulty in answering this comes down to the fact that there is not one copyright owner, but possibly several copyrights from one song under Indian copyright law. For example (see here ), copyrights exist independently for lyrics, where the lyricist is recognized as both author and first owner of copyright.

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Likelihood of Confusion

NOVEMBER 6, 2024

Originally posted 2012-07-02 17:00:11. Republished by Blog Post PromoterThe EFF is suing Viacom over their DMCA takedown notice for a Stephen Colbert parody clip on YouTube which EFF says is non-infringing. Viacom sent out about 37 million of those puppies, based on the well known legal-analytical principle of “what the heck!”

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Blogging Copyright Law Law Copyright 52

Likelihood of Confusion

OCTOBER 24, 2024

Originally posted 2012-02-23 13:50:40. District Court issued a restraining order in the Palin vs. Gawker copyright lawsuit. The post Hating someone doesn’t mean you can infringe her copyright appeared first on LIKELIHOOD OF CONFUSION™. Republished by Blog Post Promoter And that’s why the U.S.

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Copyright Blogging Fair Use Copyright Law 52

Kluwer Copyright Blog

NOVEMBER 7, 2024

The newly introduced Article 51a of the German Copyright Act gave way to a growing body of German case law on the application of pastiche to transformative reuses – including sampling. In 2023, the BGH referred the Pelham case back to Luxembourg for a more general clarification of the pastiche concept in EU copyright law.

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Copyright Copyright Law Editing Music 63

SpicyIP

MAY 23, 2024

Image from here Sweet Sound of Victory: Looking at the Calcutta HC’s Decisive Decision on Rights of Authors By Surabhi Katare In a major development, Calcutta High Court’s passed a landmark judgement on May 17, 2024, in safeguarding the copyrights of authors of music and literary work used in sound recordings.

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Music Licensing Copyright Moral Rights 59

Kluwer Copyright Blog

JANUARY 18, 2022

Against this background, the European Copyright Society (ECS) issued on 17 January 2021 a comment on “Copyright and the Digital Services Act”. Copyright law accounts for most content removals from online platforms and search engine result lists, by an order of magnitude. More from our authors: Law of Raw Data.

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Copyright Due Diligence Art Copyright Law 122

Intepat

SEPTEMBER 27, 2024

Everything was going well until 2012 when University Press, Cambridge University Press (UK), and Taylor & Francis Group (UK), as well as Cambridge University Press India Pvt. On October 17, 2012, the Delhi High Court issued an interim injunction that halted Rameshwari Photocopy Service from producing or selling the crucial course packs.

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Intellectual Property Publishing Copyright Law Copyright 52

Likelihood of Confusion

DECEMBER 30, 2023

Originally posted 2012-07-23 14:01:33. BBspot finds the Rosetta Stone of the RIAA’s litigation strategy. This “explains” a lot. Hat tip to Boing Boing. Republished by Blog Post Promoter The post RIAA lawsuit decision matrix appeared first on LIKELIHOOD OF CONFUSION™.

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TorrentFreak

JANUARY 18, 2022

” In other words, AdBlock Plus breaches copyright law. Nevertheless, Springer pressed ahead with its legal action, claiming that by interfering with website delivery to viewers, that constituted copyright infringement and was worthy of an injunction. Springer Likens Adblocking to Videogame Cheating.

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Copyright Infringement Copyright Publishing Copyright Law 145

Likelihood of Confusion

OCTOBER 27, 2021

Originally posted 2012-06-11 19:57:19. Republished by Blog Post Promoter. I like this from Jonathan Rogers: On the YouTube blog, the company posted an announcement about a deal struck with many music publishers. Now, The post Jonathan Rogers: Is YouTube “Monetizing Piracy”? appeared first on LIKELIHOOD OF CONFUSION™.

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Blogging Music Publishing Copyright Law 98

TorrentFreak

MAY 10, 2024

Nealy’s personal life was no major success either, as he spent time in prison from 1989 to 2008, and again from 2012 to 2015. Specifically, how long is the period during which rightsholders can recover damages for copyright infringement? copyright law, there’s a three-year statute of limitations to file complaints.

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Copyright Infringement Copyright Music Copying 123

TorrentFreak

JULY 5, 2024

Sony Wins Early But Cooler Heads Prevail Software quite rightly receives protection under copyright law but in Datel, Sony wants a ruling that outlaws the modification of variables generated by software that only ever exist in RAM and form no part of the underlying copyrighted source code.

Intellectual Property Law 108

Intellectual Property Law Copyright Law Copyright Intellectual Property 108

Intellectual Property Law Blog

JANUARY 11, 2023

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. Copyright Office, there is no need to concern about the leakage of the deposits. Here is the number of mask works registered with the U.S.

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Likelihood of Confusion

MAY 29, 2023

Boing Boing: “Copyright infringement is your best entertainment value.” Originally posted 2012-10-18 10:28:04. ” I can think of others, frankly, but fine. As long as we’re calling a spade a spade! The post My favorite infringements appeared first on LIKELIHOOD OF CONFUSION™.

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Copyright Infringement Copyright Copyright Law Law 52

LexBlog IP

JUNE 28, 2023

3) According to the Court, the term “sale” used in article 41 of the Copyright Law must be interpreted in a broad sense. The compensation for damages cannot be less than twice the fee that is usually or by law paid for the type of exploitation that the infringer did without license.

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Copying Copyright Law Copyright Editing 52

IIPRD

OCTOBER 28, 2023

Catchphrases in Copyright and Trademark Law Copyright law guarantees artists the protection of their creative work while allowing others to expand upon it through its legislations. are generally not protected by copyright law. iv] 2012(51)PTC 251(Del). [v] In Reebok India v. 541 of 2019. vii] 427 F.2d

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Copyright Law Brands Branding Branding 59

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. Firstly, it stated that the 2012 changes did not mention that the composers would retain their ownership rights.

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Copyright Music Moral Rights Ownership 52

IIPRD

APRIL 8, 2024

This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

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Art Artwork Intellectual Property Copyright Law 52

IP and Legal Filings

SEPTEMBER 20, 2023

But, as an exception, the doctrine of merger provides that if the expression of an idea is merged with the idea itself, then such an expression can also be denied copyright protectio n. The absence of this doctrine would defeat the very purpose of copyright law. Evolation Yoga, LLC (2012). of India, L.P.

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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. Vishesh Kumar, De Minimis in Copyright Law- Trivial or Proceed to Trial, Mondaq, (Jan.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

Intellectual Property Law Blog

JANUARY 11, 2023

Copyright Office by year for the last 10 years. Source : www.copyright.gov/history/annual_reports.html Year 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 # of MW 33 0 20 156 27 25 28 84 279 203 Even though the number of registered mask works is not enormous, they are still an important component of chip companies’ IP portfolio.

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Registration Design Designs Copying 130

TorrentFreak

NOVEMBER 10, 2022

In early January 2012, many operators of successful, public file-hosting sites were looking forward to another productive year. Later in 2012, the RIAA submitted its regular report to the United States Trade Representative, requesting various sites to be branded notorious pirate markets. RIAA Reports Hellshare and Hellspy.

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Branding Branding Brands Television 136

TorrentFreak

JANUARY 20, 2022

Under US copyright law, Internet providers must terminate the accounts of repeat infringers “in appropriate circumstances.”. The readable parts suggest that evidence related to the reliability and accuracy of notices that were sent out between 2012-2015 is no longer available. Billion Dollar Lawsuits.

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Music Copyright Infringement Copyright Copyright Law 141

The IPKat

JULY 21, 2024

HTS and EU law The EU “New Approach” policy distinguishes between legal and technical requirements: the Commission sets the “essential” legal requirements for health and safety; the three European standards bodies (ESOs), including CEN, produce voluntary HTS upon request from the Commission (as per Article 10 of EU Regulation 1025/2012 ).

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Copyright Copyright Law Intellectual Property Law 114

IPilogue

JUNE 14, 2022

Over the next year, Swift released re-recorded versions of both her Fearless (2008) and Red (2012) albums, receiving widespread commercial and critical success. At the heart of Taylor’s decision was an often overlooked but significant legal distinction in the copyright law governing the music industry. Look What You Made Me Do.

Music 119

Music Contracts Licensing Ownership 119

The IPKat

FEBRUARY 20, 2024

The Court went to some length here discussing the doctrine of harmless use (or "uso inocuo"), despite the fact that such a doctrine does not actually exist in Spanish statutory law. The Court referred to a 2012 decision of the Spanish Supreme Court in the Google case ( Sentencia no.

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Moral Rights Artwork Fair Use Copyright 73

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 ]. 11-15.165 ).

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Moral Rights Cease and Desist Copyright Infringement Copyright 84

Likelihood of Confusion

OCTOBER 30, 2021

Copyright-wise, that is? Originally posted 2012-02-13 11:03:00. Did you ever contemplate the grand institution of karaoke and ask, hey, how do they do that? Don’t wonder any more. Republished by. The post No jokey! appeared first on LIKELIHOOD OF CONFUSION™.

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Copyright Fair Use Copyright Law Law 52

IP and Legal Filings

JANUARY 23, 2023

The copyrights Act includes computer programmes and electronic communication, however this has been viewed as a grey area. Following the 2012 revision to the copyrights Act, it was made clear that Internet activities were also covered by the copyright law.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 92

Kluwer Copyright Blog

JUNE 20, 2023

In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law.

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Artwork Contracts Ownership IP 98

TorrentFreak

FEBRUARY 15, 2024

At the time, similar services were also being offered by several of Finland’s internet service providers but for the members of the Copyright Information and Anti-Piracy Center (CIAPC, also known as TTVK), this was a serious breach of copyright law.

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Copyright Infringement Copyright Fair Use Licensing 105

TorrentFreak

JUNE 27, 2022

In reality they are massively simplified and carry nothing like the maximum sentences available for the offenses listed in the US superseding criminal indictment dated January 16, 2012. Whether by design or not, the charges above may have copyright infringment as the underlying acts but they seem to pose no threat to the status quo.

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Copyright Infringement Copyright Design Designs 136

SpicyIP

SEPTEMBER 12, 2024

The book, a follow on edition from the 2012 1st edition of Overlapping IP Rights is once again a masterclass in thinking through the oft under discussed spheres of overlaps in IP, this time with additional subject areas and updated developments. Here the author points out an interesting anomaly while discussing the US laws.

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Editing Intellectual Property Privacy IP 73

SpicyIP

FEBRUARY 27, 2024

More recently in 2020, Sankalp Jain discussed the copyright challenges in “Dreams,” a video game enabling user-generated content, arguing for the Indian copyright law’s limitations in addressing the the issues around the fan-made creations within the game. That’s all from my end. (By

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Non-Fungible Tokens Copyright Business Moral Rights 59