Kluwer Copyright Blog

OCTOBER 7, 2021

Welcome to the third trimester of 2021 round up of EU copyright law! In this series we update readers every three months on developments in EU copyright law. improve authoritative and updated information on right holders, terms and conditions and licensing opportunities). Photo by Markus Spiske on Unsplash.

Copyright Law 64

Copyright Law Copyright Law Television 64

Velocity of Content

DECEMBER 4, 2024

This has been a long-standing question in copyright law. Professor Paul Goldstein, for example, has argued that, in light of the enumeration, the statutory text is intended primarily to protect certain licensing markets. An amendment to the copyright statute is only one of them. Copyright Soc’y U.S.A. 17 U.S.C. §

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

Kluwer Copyright Blog

DECEMBER 12, 2022

Unless these rights are contractually assigned or licensed, it is for the authors, and the institutions that employ them, to determine the conditions under which their works are to be published, reproduced, and otherwise used (including by way of OA) – not for the publishers.

Copyright 130

Copyright Publishing Journalism Art 130

LexBlog IP

AUGUST 26, 2021

Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior to 1972. In a lawsuit that was originally filed in 2013 titled, Flo & Eddie, Inc.

Copyright Law 52

Copyright Law Copyright Law Ownership 52

The IP Law Blog

AUGUST 4, 2022

The named plaintiffs are two photojournalists whose photographs of the George Floyd protests and the 2016 election were featured on websites of various traditional media outlets without those outlets having obtained any license from the plaintiffs because those media companies used Instagram’s proprietary embedding tools.

Copyright Infringement 98

Copyright Infringement Social Media Licensing Publishing 98

Kluwer Copyright Blog

MARCH 13, 2024

The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of creators (see Geiger, 2017 ). licenses for specific uses). However, it is only a first step towards making user’s rights a reality.

Copyright 126

Copyright Art Licensing Contracts 126

Likelihood of Confusion

SEPTEMBER 21, 2024

Originally posted 2013-10-15 11:38:13. Republished by Blog Post PromoterYou’ve heard the tale in one form or another: A bar plays a recorded song over its sound system (without permission), then gets sued for violating the public performance right of the musical composition’s copyright holder. It happens.

Copyright Infringement 97

Copyright Infringement Copyright Music Blogging 97

Kluwer Copyright Blog

FEBRUARY 8, 2024

As a general rule, the publishers of these journals require the author to relinquish their copyright over the work by granting them an assignment of rights or an exclusive license. Pre-existing Bulgarian provision The SPR is not an entirely novel concept to Bulgarian copyright law. of the Directive.

Publishing 132

Publishing Contracts Art Copyright 132

LexBlog IP

AUGUST 26, 2021

Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior to 1972. In a lawsuit that was originally filed in 2013 titled, Flo & Eddie, Inc.

Copyright Law 40

Copyright Law Copyright Law Ownership 40

The IPKat

FEBRUARY 3, 2023

It should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law. On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe.

Government 141

Government Related Rights Copyright Law 141

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. xviii] In one instance, Getty Images pursued a German blog—Geek Sisters—for almost $900 in licensing fees for their use of the awkward penguin meme.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

JIPL Online

FEBRUARY 25, 2021

Most notably, it means that the artist doesn’t have the authority to license the use of that sound recording as a sample in another work as this right has been transferred to the record label. [13] 26] Generally, copyright law doesn’t preempt the right of publicity since one’s identity or persona is outside the scope of copyright law. [27]

Music 98

Music Contracts Ownership Copyright Law 98

The IPKat

JULY 21, 2024

Given the status of HTS as “law” or an “official text”, the ability to exclude these from the scope of copyright protection forthwith becomes even more difficult. Therefore, under EU copyright law there is no explicit bar to a HTS qualifying for copyright protection if it can fulfil the two requisite criteria for copyright protection.

Copyright 119

Copyright Copyright Law Intellectual Property Law 119

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.

Blogging 98

Blogging Copyright Settlement Ownership 98

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. What Happened. The first one to go was the de minimis defense, which the court rejected before trial.

Fair Use 88

Fair Use Design Designs Licensing 88

Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

LexBlog IP

JULY 21, 2021

In particular, the revised patent law and copyright law took effect on June 1, 2021. The Interpretation made specific provisions on the scope of applying punitive damages, the determination of “intentional” and “serious circumstances”, as well as the basis for calculation of the damages.

Intellectual Property 52

Intellectual Property Copyright Law Licensing Law 52

Intepat

SEPTEMBER 27, 2024

filed a copyright infringement lawsuit against Rameshwari Photocopy Service and the University of Delhi for allegedly infringing their copyrighted content and distributing the course packs without any license from the publishers.

Intellectual Property 52

Intellectual Property Publishing Copyright Law Copyright 52

LexBlog IP

AUGUST 4, 2022

The named plaintiffs are two photojournalists whose photographs of the George Floyd protests and the 2016 election were featured on websites of various traditional media outlets without those outlets having obtained any license from the plaintiffs because those media companies used Instagram’s proprietary embedding tools.

Copyright Infringement 52

Copyright Infringement Licensing Publishing Copying 52

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

The IP Law Blog

AUGUST 25, 2022

There was evidence before the Court that VNG had the ability to geo-block users as early as 2013 (if not earlier) but chose not to. law and, at the very least, affect U.S. law and, at the very least, affect U.S. and noted that it had signed license contracts with various U.S. interests.” content owners.”

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98

Kluwer Copyright Blog

APRIL 20, 2022

Accordingly, the proposed right is intended to incorporate the entire catalogue of copyright exceptions, the Swedish freie Benutzung provision in section 4, uses of unprotected content (for example which are in the public domain) and licensed uses (Ds 2021:30, pp. 79, the BBS case ).

Copyright 59

Copyright Intellectual Property Law Public Domain Copyright Law 59

Indiana Intellectual Property Law

MARCH 30, 2023

Defendant, Lynn Boolman Auto Sales is a used car dealership located in Portland, Indiana created in 2013, per the Indiana Secretary of State. As Stross did not license the right to use the Photograph to the Defendants, he seeks a judgment for direct copyright infringement in violation of 17 U.S.C. § He received his B.S.

Copyright Infringement 52

Copyright Infringement Copyright Artistic Work Copying 52

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.

Personality Rights 58

Personality Rights IP Licensing Copyright 58

Kluwer Copyright Blog

AUGUST 18, 2021

Under the 2013 version of the Public sector information directive, public sector bodies (excluding public broadcasters and a few other institutions) were already obliged to allow maximum (commercial) re-use of information that is publicly accessible under national laws. and not charging fees for re-use. 1(6) Open data directive).

Government 59

Government Database Right Intellectual Property Copyright 59

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

This time, in 2013, the judgement in favour of Cairou was overturned. Both the Berne Convention and the TRIPS Agreement provides for the concept of fair use hence, India being a signatory to both included the concept of fair use in its Copyright Act, 1957 through the exceptions to copyright infringement.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 52

Kluwer Copyright Blog

FEBRUARY 22, 2023

Photo by Christian Wiediger from Unsplash The implementation transposition of the Copyright Directive 2019/790 (DSMD) in the summer of 2021 represented probably the greatest reform in German copyright law since the German Copyright Act (UrhG) came into force. Germany’s implementation of Art.

Law 52

Law Copyright Copyright Law Contracts 52

Intepat

OCTOBER 10, 2024

Introduction Patent trolls are entities that do not actively develop their inventions but instead acquire patent rights for obvious inventions to prevent others from working on them or to collect licensing fees. The applicants also demonstrated the obviousness of the respondent’s patent through various prior art references.

Patent Troll 40

Patent Troll Patent Invention Licensing 40

Kluwer Copyright Blog

SEPTEMBER 5, 2024

The effect of rapid development of generative AI on copyright law continues to challenge the lawmakers and courts. Background The case was brought by Shanghai Character License Administrative Co. Ltd, who is the Japanese owner of the copyright in Ultraman. Ltd – licensee of Tsuburaya Productions Co.

Copyright Infringement 52

Copyright Infringement Copyright Technology Law 52

Kluwer Copyright Blog

MARCH 29, 2022

A pertinent example of a limitation in EU copyright law is the concept of ‘public’ within the right of communication to the public. Their aim was to strengthen their bargaining position in licensing negotiations for the online use of journalistic content. They are integral parts of the right.

Publishing 52

Publishing Related Rights Intellectual Property Law Public Domain 52

IP and Legal Filings

AUGUST 14, 2023

2] [image Sources: Shutterstock] When it comes to disagreements over IPR that occur across international borders, this type of dispute is treated the same way as contractual disagreements over the transfer and licensing of these rights are treated: as a tort that falls under general jurisdictional guidelines. [3]

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

Traverse Legal Blog

OCTOBER 24, 2024

California’s statutory Right of Publicity “requires a plaintiff to prove all the elements of the common law action plus a knowing use by defendant as well as a direct connection between the alleged use and the commercial purpose.” 4th 677, 685 (2013). 3d 1268, 1273 n. 4 (9th Cir. Sony Music Entm’t, Inc. , 3d 1134, 1145 (9th Cir.

Social Media 98

Social Media Copyright Infringement Copyright Law 98

Plagiarism Today

SEPTEMBER 28, 2021

In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.” Prince appealed to the Second Circuit Court of Appeals, which largely reversed that decision in April 2013. 3: The Andy Warhol Ruling.

Fair Use 279

Fair Use Non-Fungible Tokens Copyright Derivative Work 279

JIPEL Copyright Blog

APRIL 11, 2022

The Second and Ninth Circuits have consistently led the way in establishing the scope of American copyright law. In the past few years, the Second Circuit in particular has had the difficult task of reconciling copyright law with appropriation art, an artistic style predicated on the intentional use of preexisting images and objects.

Art 52

Art Copyright Law Fair Use Copyright 52

LexBlog IP

FEBRUARY 28, 2022

6] The Supreme Court’s ruling on that petition—and a possible eventual decision on the merits—could have enormous implications for the art world and other industries impacted by copyright law. 9] In reaching that determination, the court relied chiefly on the Second Circuit’s 2013 decision in Cariou v.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

43(B)log

DECEMBER 20, 2022

Nathan directed the allegedly infringing 2013 Documentary, which “tells the story of Pug, a thirteen-year-old child who wants to be a ‘12 O’Clock Boy,’ just like [he] has repeatedly watched in [the 2001 and 2003 Documentaries].” Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore. Nathan, F.Supp.3d

Fair Use 52

Fair Use Trademark Copyright Editing 52

Copyright Lately

JULY 23, 2024

In 2019, Vetter served a termination notice on Windsong and its successors in interest under Section 304(c) of the 1976 Copyright Act, terminating the 1963 assignment and recapturing the rights he and Smith had previously assigned, effective in 2022. copyright law does not impact foreign rights. John Wiley & Sons.

Copyright 79

Copyright Ownership Copyright Law Law 79