Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Very few jurisdictions expressly provide for copyright in computer-generated works.

Copyright 145

Copyright Art Fair Use Registration 145

Intellectual Property Law Blog

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a mask work with the Copyright Office provides certain legal benefits, including the ability to bring a lawsuit for infringement of the mask work. Compendium: Chapter 1200, sections 1201-1202.

Registration 130

Registration Designs Design Copying 130

The IPKat

MARCH 13, 2022

Kat- quotation There is little doubt that one of the most (if not the most) significant exceptions in copyright law is the one relating to quotation, criticism or review. All this is testimony to the importance of this copyright exception. In 2014, the Milan Court of First Instance dismissed the action in its entirety.

Copyright Law 102

Copyright Law Copyright Law Artwork 102

SpicyIP

JULY 29, 2021

In the 6 odd pages devoted to the reform of the Copyright regime, a grand total of 5 statutory issues have been highlighted despite the fact that the last Copyright Amendment is nearly a decade old and comments for a new amendment had been sought fairly recently (see here , here , and here ). Watering down Section 52(1).

Copyright 119

Copyright Reporting Fair Use Copyright Law 119

Copyright Lately

DECEMBER 29, 2021

Remembering another frustrating year with a countdown of 2021’s most unsatisfying copyright rulings. Here are my personal picks for the copyright opinions from 2021 that, much like the year itself, leave a little something to be desired. Walt Disney Company.

Copyright 112

Copyright Fair Use Social Media Copying 112

TorrentFreak

JANUARY 6, 2023

A 2020 class action lawsuit filed by musician Maria Schneider accused YouTube of mass copyright infringement, failing to suspend ‘repeat infringers, and restricting access to anti-piracy tools, among other allegations. Copyright Law: Infringement Standards. YouTube’s Motion For Summary Judgment.

Copyright 109

Copyright Licensing Music Publishing 109

Kluwer Copyright Blog

JULY 11, 2022

The Intellectual Property Enterprise Court (IPEC), part of the English High Court, has ruled that copyright subsists in the character of Derek ‘Del Boy’ Trotter and that a character can be protected as a literary work under the UK’s closed list of copyright works ([ 2022] EWHC 1379 IPEC ).

Copyright Infringement 108

Copyright Infringement Copyright Music Intellectual Property 108

43(B)log

FEBRUARY 16, 2022

Summary of argument: The constitutional goal of copyright protection is to “promote the progress of science and useful arts,” Art. 8, and the first copyright law was “an act for the encouragement of learning,” Cambridge University Press v. It is that functionality, and not the copying, to which Apple truly objects.

Derivative Work 90

Derivative Work Fair Use Copying Copyright 90

IP and Legal Filings

DECEMBER 6, 2022

Good artists borrow, Great artists steal ’ , however no matter how beautifully portrayed, might aptly land you a hefty copyright infringement suit in contemporary times. ” The composer of a musical composition is the exclusive owner of the work’s copyright. INTRODUCTION. Image Source: Shutterstock].

Music 80

Music Copyright Copyright Infringement Moral Rights 80

Kluwer Copyright Blog

NOVEMBER 15, 2022

Recent appellate decisions in the United States have recognized expanded grounds for personal jurisdiction in cases of internet-based copyright infringements; divided on the extent to which the three-year statute of limitations limits damage recoveries; and increased the occasions for motions to dismiss on the ground of fair use. VNG Corp. [1]

Copyright 57

Copyright Fair Use Copyright Infringement Ownership 57

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 96

Blogging Copying Social Media Copyright 96

TorrentFreak

APRIL 12, 2023

Founded in 2014 by two Taiwanese software engineers, movie and TV show piracy site 8maple is a prime example. The suspects were arrested for copyright infringement offenses with Taiwan’s Telecommunications Investigation Corps estimating that 8maple caused around NT$1 billion (US$33.2m) in damages to the entertainment industries.

Intellectual Property 118

Intellectual Property Advertising Advertising Branding 118

The IPKat

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? 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.

Government 141

Government Related Rights Copyright Law 141

IIPRD

MARCH 4, 2024

Components of Intellectual Property Rights and Case Laws. Copyright : – So, it is a right which is given to original creator of the work for the fixed period of time. There is a Copyright Act, 1957 which deals with copyright in India. Case Law on Copyright in India. 24863/2014. [3] Cipla, I.A.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

Kluwer Copyright Blog

NOVEMBER 22, 2021

In addition to rights of the author, German copyright law also recognises related rights. This personal intellectual creation is lacking if the photographs in question are “mere reproductions of other photographs” in which an original has been merely reproduced (copied) as closely as possible. 3, second sentence UrhG.

Related Rights 52

Related Rights Law Copyright Copying 52

IP and Legal Filings

MARCH 14, 2022

Section 57 of the Copyright Act of 1957 covers authors’ special rights particularly, highlighting the importance of expanding such rights beyond solely economic grounds. This modification, however, was repealed as part of the 2012 update to the Indian Copyright Act. Introduction. Waiver of moral right of the author permissible?

Moral Rights 61

Moral Rights Copyright Contracts Law 61

LexBlog IP

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a mask work with the Copyright Office provides certain legal benefits, including the ability to bring a lawsuit for infringement of the mask work. Compendium: Chapter 1200, sections 1201-1202.

Registration 40

Registration Designs Design Copying 40

TorrentFreak

JANUARY 22, 2023

Harmonization With EU Copyright Law Under the EU-Moldova Association Agreement of 2014, Moldova was required to reform copyright law to meet EU standards. ” The establishment of “an efficient system” for the collective management of copyright and related rights was also mentioned.

Copyright Law 114

Copyright Law Music Law Copyright 114

The IPKat

DECEMBER 19, 2022

EU trade agreements commonly include norms, which require partner countries to implement the EU’s own approach to copyright, geographical indications, or civil and customs enforcement of IP rights. AA norms, themselves based on deliberately vague provisions from Directive 2004/48/EC, were not written to be copied into a foreign legal order.

IP 124

IP Intellectual Property Law Copying 124

Fish & Richardson Trademark & Copyright Thoughts

AUGUST 22, 2022

PDF copy available. Practice area: Trademark and copyright. Law school and year of graduation: Emory University School of Law, 2014. Cheng: When I was looking to move firms, I had also just expanded my practice to trademark and copyright law. See below for the full Q&A. Vivian Cheng: 6.5

Litigation 52

Litigation Copyright Law Business Trademark 52

LexBlog IP

SEPTEMBER 24, 2021

.” This is exactly what happened to Jaguar Land Rover in its claim against Land Wind (Jiangling Motors) in China for copying of Jaguar Land Rover’s car design. After their patent battle from 2014 to [2019], the design patents of Jaguar Land Rover and Land Wind for their off-road vehicles were invalidated by each other.

IP 52

IP Intellectual Property Design Patent Copyright Infringement 52

SpicyIP

DECEMBER 20, 2023

With further ado, here’s what I found in Novembers: Database Protection in India: Since Prof Basheer’s 2005 post about the inaccurate implication of the theft of data as copyright infringement, to 2023, not much seems to have changed. The issue has often arisen in the context of protecting confidential information through copyright law.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. First, as far as copyright cases go, this one’s easy.

Music 101

Music Derivative Work Fair Use Cease and Desist 101

IP Intelligence

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. Goldsmith , 598 S. 1258, (2023).

Fair Use 105

Fair Use Licensing Art Music 105

Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. We, who have been writing and teaching about copyright law and how it has responded to challenges posed by new technologies for decades, were among those who submitted comments, see [link].

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95

The IPKat

DECEMBER 17, 2021

The Plaintiffs highlighted specific instances where the Defendants falsely represented themselves as the Plaintiffs when applying for work for the Kenya Film Commission’s Technical Proposal KFC/OT/05/2013/2014 by using the Plaintiffs’ trademark ‘ACAL' without the Plaintiffs’ authority or consent.

Trademark 96

Trademark IP Registering Trademarks Branding 96

Technology & Marketing Law Blog

MAY 15, 2024

In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.” 1962 (2014).

Music 96

Music Blogging Copyright Ownership 96

Kluwer Copyright Blog

JUNE 17, 2021

So, it does reutilise the database’s content and by the fact that it previously copies and indexes the content of CV-Online Latvia’s database, it also extracts it. The decision fully follows AG Szpunar’s opinion and is a further confirmation of his strong influence on the copyright case law of the Court (see Derclaye’s 2020 empirical study ).

Database Right 52

Database Right Law Copyright Law Advertising 52

LexBlog IP

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. ” (S. Goldsmith , 598 S.

Fair Use 52

Fair Use Licensing Art Music 52

IP Intelligence

JUNE 6, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. Goldsmith , 598 S. 1258, (2023).

Fair Use 40

Fair Use Licensing Art Music 40

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. In this context, the BGH issued a decision in 2014 in relation to the games console, Nintendo DS.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Michael Geist

AUGUST 5, 2021

Last week’s Supreme Court of Canada copyright decision in Access Copyright v. York University has unsurprisingly been applauded by the education community, which having faced years of litigation launched by the copyright collective, now finds its position vindicated. The same was true after the Access Copyright v.

Copyright 145

Copyright Copying Licensing Litigation 145

Technology & Marketing Law Blog

AUGUST 30, 2021

The ruling overturns a “seismic” district court ruling from 2014 that I wrote about in a previous blog post , one that “threaten[ed] to undo a 75-year-old consensus that state law does not provide a public performance right for sound recordings.” See my previous blog post on the New York ruling.)

Blogging 86

Blogging Copyright Settlement Ownership 86

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

Copying 52

Copying Copyright Law Copyright Editing 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 99

Copyright Copying Copyright Infringement Licensing 99

The IPKat

AUGUST 24, 2021

This book review of Art and Copyright by Simon Stokes (Partner at Blake Morgan) is kindly provided to you by Alexander Herman, Assistant Director, at the Institute of Art and Law and co-directs the Art, Business and Law LLM developed with the Centre for Commercial Law Studies at Queen Mary University of London.

Art 98

Art Copyright Editing Publishing 98

Technology & Marketing Law Blog

JUNE 20, 2023

Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96