The IPKat

DECEMBER 8, 2024

However, this cannot serve as the basis for an interpretation of national law contra legem. Last month, the CJEU had an opportunity to tackle once again the direct effect of the InfoSoc Directive in the different context of reprography and private copying under Article 5(2)(a)-(b).

Copying 126

Copying Art Law Copyright 126

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. Copyright Office by year for the last 10 years.

Registration 130

Registration Designs Design Copying 130

Copyright Lately

OCTOBER 6, 2024

A new lawsuit over Broadway’s Stereophonic tests copyright’s limits, as Fleetwood Mac’s former sound engineer claims the hit play copies his real-life story about working on the Rumours album. And contrary to popular belief, no one needs to acquire “life rights” to tell those stories.

Art 120

Art Copyright Copying Copyright Law 120

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.

Music 145

Music Copyright Infringement Copyright Copyright Law 145

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. domain and later through a.com variant.

Copyright Infringement 124

Copyright Infringement Copyright Fair Use Licensing 124

Kluwer Copyright Blog

NOVEMBER 17, 2021

Part 1 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 is available here , and parts 3 and 4 will be published on the blog over the coming days. . A decision in 2015 concerned the definition of “public” in the act of communication.

Law 52

Law Copyright Television Copyright Infringement 52

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. In addition to rights of the author, German copyright law also recognises related rights.

Related Rights 52

Related Rights Law Copyright Copying 52

Patently-O

AUGUST 31, 2021

SAS argues that it made a “plethora of creative choices” in developing its material, and that creativity is more than sufficient to satisfy the originality requirements of copyright law. Thus far, the courts have disagreed with SAS and rejected its copyright assertions. 702 (2015). 1821 (2013). 621 (2019).

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

The IPKat

JANUARY 17, 2024

The book that is going to change copyright law? After the referrals in Mio [IPKat here and here ] and USM Haller [IPKat here ] , another referral asking about the meaning of originality in EU copyright law has been made to the Court of Justice of the European Union (CJEU): it is the referral from Romania in Institutul G.

Derivative Work 137

Derivative Work Editing Copyright Music 137

IPilogue

NOVEMBER 15, 2021

A literary controversy surrounding a copyright claim has taken over the North American online writing community, and it involves a kidney donation, a private Facebook group, and a short story.? . On June 24, 2015, Ms.

Art 105

Art Copyright Infringement Copyright Copying 105

Technology & Marketing Law Blog

MAY 13, 2024

. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

The IPKat

APRIL 21, 2022

From former Guest Kat Peter Ling comes an interesting report on that most rare of copyright cases, a criminal complaint based on infringement. Rapidshare was an online file hosting service that operated between 2002 and 2015. Creating a download link and providing it to the Uploader is not relevant under copyright law.

Copyright Infringement 89

Copyright Infringement Copyright Copyright Law Copying 89

Velocity of Content

AUGUST 10, 2022

In a much-anticipated report , the UK Intellectual Property Office recommends a major rewriting of UK copyright law, delivering the future of copyright to those using AI and damaging the present and future financial interests of publishers, authors, journalists, and musicians among others.

Law 116

Law Licensing Publishing Intellectual Property 116

Patently-O

DECEMBER 11, 2023

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]. In addition, conduct that may be consistent with the copyright laws nevertheless may violate Section 5. That is far too hasty.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Kluwer Copyright Blog

OCTOBER 9, 2022

According to Article 16 EU DSM Directive 2019/790 (“DSM Directive”), a “publisher” may have a claim to a share of the author’s statutory remuneration claims – such as fair compensation for private copies – if the author has granted the “publisher” a right in his work. But who is this “publisher”?

Publishing 97

Publishing Music Copyright Law Marketing 97

Kluwer Copyright Blog

JANUARY 15, 2024

Photo by Joey Csunyo on Unsplash In recent years, copyright departments in governments around the world have been preoccupied with AI’s effects on copyright industries and, more recently, copyright law challenges created for AI industries. Which copyright issues has the Australian government been grappling with?

Copyright 64

Copyright Government Fair Use Copyright Law 64

Michael Geist

DECEMBER 3, 2024

The filing literally says “ the full particulars of when, from where, and exactly how, the Works were accessed, scraped, and/or copied is within the knowledge of OpenAI and not the News Media Companies.” For example, we know that Common Crawl was the dominant source for by far the most number of tokens training ChatGPT 3.0.

Settlement 84

Settlement Copyright Licensing Copyright Infringement 84

Velocity of Content

DECEMBER 4, 2024

The Copyright Act provides an exclusive right “to prepare derivative works based upon the copyrighted work” and defines “derivative work” in part as any work “ based upon one or more preexisting works.” This has been a long-standing question in copyright law. ↩︎ Paul Goldstein, Goldstein On Copyright § 7.3 (3d

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

SpicyIP

FEBRUARY 9, 2023

The order does not look at evidence for other factors, such as – primary intent behind the websites for commitment to copyright infringement, traffic or frequency of access to the websites, inaction of websites upon receiving take down notices and flagrancy in infringement/ facilitating infringement. Of these, 46.8

Music 98

Music Copyright Infringement Copyright Copyright Law 98

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

IIPRD

JANUARY 5, 2023

A growing number of daily releases makes India’s copyright laws particularly important in. Copy right and Indian cinema. Author: Kamlesh singh is a third-year student of Bharti Vidyapeeth new law college, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at IIPRD. . [1]

Intellectual Property 98

Intellectual Property Cinema Ownership Music 98

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

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. ” How Stagnant Copyright Law is Stifling Creativity , 27 J. Miceli, Law and Economics: Private and Public 23 (West Academic Publishing 2018). 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat? 277 (2020).

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. Challenges in IPR Regulation in e-commerce As per a survey, around 38% online buyers experienced counterfeit products and 1/3 rd people have gotten copied products. 26, 2023, 11:00 AM), [link]. 5] Kirsty Phillips et al.,

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

IP Intelligence

JUNE 7, 2023

The “context shifting” fair use cases then of Vanderhye , Google Books , and Hathi Trust therefore not only remain good law, but the precise perimeters delineating the context-shifting doctrine still appear quite vast. 2015); Authors Guild, Inc. See generally A.V. Vanderhye v. iParadigms, LLC ,562 F.3d 3d 630 (4th Cir. Google, Inc. ,

Fair Use 105

Fair Use Licensing Art Music 105

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. Copyright Office by year for the last 10 years.

Registration 40

Registration Designs Design Copying 40

Intepat

MAY 16, 2023

Further, the Copyright Act, 1957 governs copyright law in India and provides protection for literary, artistic, musical, and other creative works. Ramkumar Jewellers (2012), the defendant copied the plaintiff’s advertisement picture containing a popular artistic pose of Amitabh Bachchan and Jaya Bachchan.

Branding 98

Branding Brands Branding Personality Rights 98

Copyright Lately

OCTOBER 24, 2022

This was the late ’90s, and the entertainment industry was still reeling from a well-publicized copyright infringement lawsuit involving the movie 12 Monkeys. In that case, artist Lebeus Woods claimed that a torture device used in the Terry Gilliam film had been unlawfully copied from his drawing of a wall-mounted chair.

Artwork 88

Artwork Copyright Infringement Copyright Art 88

The IPKat

OCTOBER 18, 2021

by Desmond Oriakhogba Sometime in 2012, Nigeria began the process of reforming her over three-decade old copyright law. The extant Copyright Act was enacted in 1988, with some amendments in the early and late 90s.

Copyright 61

Copyright Copyright Law Licensing Government 61

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. Varsha Productions, 2015 SCC OnLine Mad 158. [7] Ammini Amma and Ors.,

Personality Rights 97

Personality Rights Fair Use Privacy Intellectual Property Law 97

The IPKat

DECEMBER 17, 2021

The Plaintiffs also contended that the logos used by the Defendants infringed on their marks and get up since their registered trademark incorporated the words ‘ACAL’ and an image with the map of Africa which the Defendants had copied. This Katpost discussed the case in fuller detail.

Trademark 74

Trademark IP Registering Trademarks Branding 74

LexBlog IP

AUGUST 23, 2023

Whether one focuses on the word’s connotation of silliness or excitement, or maybe even anger , or analogizes to the raucous and rhymingly-named team from Savannah that makes up its own baseball rules , US copyright law is currently going a little “bananas.” ’” Id. at 9 ( quoting Compulife Software Inc.

Copyright 52

Copyright Art Copying Derivative Work 52

LexBlog IP

DECEMBER 7, 2022

copyright law does not protect “elements of expression that nature displays for all observers,” [8] which, according to Cattelan, excludes the main components of Morford’s artwork. Cattelan moved to dismiss Morford’s infringement and plagiarism claims on three grounds: [7]. ” [21]. .” 6 (11th Cir.

Copyright 52

Copyright Copying Artwork Art 52

IIPRD

FEBRUARY 27, 2021

All copies are made from this recording. But that doesn’t mean that before this incident Swift was not aware of her IP Rights; For example, in June 2015 Apple had planned to begin a new music streaming service; during a three-month trial period, Apple intended to offer subscribers the service for free by not paying any royalties.

Music 40

Music Branding Brands Branding 40

Technology & Marketing Law Blog

MAY 15, 2024

He served one prison term from 1989 to 2008, and another from 2012 to 2015. One Music Specialist work (“Jam the Box”) was interpolated into Flo Rida’s hit song “In the Ayer,” which sold millions of copies and reached No. This Court could clarify that and do good in providing uniform administration of copyright law.

Music 105

Music Blogging Copyright Ownership 105

IP and Legal Filings

OCTOBER 12, 2022

This IP protection ensures that other designers, whether direct competitors or producers of knock-off jewelry or imitation jewelry, do not ruin their reputation or copy their designs so as to reduce the value of their jewelry and lose out on potential sales. Image Source: Freepic].

Designs 52

Designs Design Copyright Artistic Work 52

IIPRD

FEBRUARY 8, 2024

Although cloud offerings are often global and multi-jurisdictional, the IP laws governing services generally remain territorial and national. Copyright laws, for instance, vary from jurisdiction to jurisdiction. What constitutes copyright infringement in one country may not be in another. Thus, in Tiffany(NJ) Inc.

Intellectual Property 52

Intellectual Property IP Government Technology 52