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.

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Registration Designs Design Copying 189

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.” The data was cut off in 2017, well within the range of the lawsuit. This isn’t me speculating.

Settlement 113

Settlement Copyright Licensing Copyright Infringement 113

TorrentFreak

JANUARY 10, 2023

An interesting feature of copyright law is its tendency to lag behind the times while new technology races ahead and exploits its numerous ‘loopholes’ One of the most famous loopholes was ‘exposed’ when streaming overtook BitTorrent to become the delivery method of choice for millions of video-oriented pirates.

Copyright Law 144

Copyright Law Settlement Copying Marketing 144

Patently-O

AUGUST 30, 2022

Contract not Copyright: Genius does not hold the copyright to the lyrics and so has no copyright infringement claim. But, Genius does require its users to agree to an extensive contractual agreement that includes a promise that the user will not commercially reproduce, copy, or distribute any portion of the Genius service.

Copyright Law 80

Copyright Law Copyright Law Contracts 80

IP and Legal Filings

DECEMBER 17, 2023

Historical lookback The amendment to the existing copyright law act of 1957 was carried out owing to the sensitization of issue of copyright management and revenue sharing structure that is fair and reasonable to all owners and writers of filmed and recorded works. [i] 297 (2017). Magic Mantra Vision. [ii] INT’l L.

Copyright Law 96

Copyright Law Copyright Music Law 96

SpicyIP

APRIL 18, 2025

This is a bit of a twist: a purely functional drawing isnt protectable as a design (no aesthetic), but as a technical drawing its still an artistic work under copyright (Indian copyright law doesnt require artistic merit). This prevents an overly broad use of Section 15(2) to even kill copyrights in purely functional drawings.

Designs 59

Designs Design Copyright Artistic Work 59

Plagiarism Today

JANUARY 3, 2022

One of the more confusing areas of copyright law in the United States is how it impacts states. Under the current law, all copyright matters are federal. However, because of state sovereign immunity, it’s technically not possible to sue a state government or any of their components in a federal court.

Copyright 279

Copyright Public Domain Registration Social Media 279

Kluwer Copyright Blog

FEBRUARY 28, 2024

Over the course of a decade, Google copied large volumes of books and made them available online, both through excerpts, known as “snippets”, and as entire publications. As in the present context, the initial concern of copyright holders was that their consent had not been acquired by Google prior to scanning their works.

Fair Use 138

Fair Use Copyright Moral Rights Copyright Law 138

JIPEL Copyright Blog

APRIL 26, 2021

million followers on Instagram, was allegedly making “ seven figures ” as of 2017, and has a book on the New York Times bestseller list (Tik Tok commenters would remind you, however, that her listing had a dagger next to it). Nordstrom removed the pieces at issue, and everything seemed to be fine on the copying front—until 2020 hit.

Social Media 52

Social Media Copying Branding Branding 52

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

Technology & Marketing Law Blog

JUNE 11, 2022

Apple also seeks summary judgment on whether it can be held liable for copyright infringement for “making available”—as opposed to actually selling—the compositions. Although courts have divided on this issue, I conclude that the copyright laws support this theory of liability on the facts of this case. Tumblr, Inc.,

Copyright 124

Copyright Copying Copyright Infringement Copyright Law 124

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. In 2014, the Milan Court of First Instance dismissed the action in its entirety.

Copyright Law 103

Copyright Law Copyright Law Artwork 103

Copyright Lately

NOVEMBER 3, 2023

In a first-of-its-kind ruling, the Ninth Circuit Court of Appeals has revived choreographer Kyle Hanagami’s copyright lawsuit against Fortnite’s Epic Games. Choreography is like the Rodney Dangerfield of copyright law. In the meantime, here’s a copy of the full Ninth Circuit opinion in Haganami v.

Copyright 119

Copyright Copying Social Media Music 119

The IP Law Blog

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. However, the majority rejected this argument, stating that the new expression alone did not determine the purpose or character of the copying use.

Fair Use 98

Fair Use Derivative Work Artwork Copyright Law 98

IPilogue

JULY 21, 2021

The case started on March 17, 2017, when Motorola Solutions alleged that Hytera Communications, a Chinese radio manufacturer rival, leveraged its exposed trade secrets in creating Hytera’s DMR products. copyright laws by copying their source code, it also complained that Hytera infringed the federal Defend Trade Secrets Act.

Confidentiality 105

Confidentiality Intellectual Property Technology Copyright Law 105

TorrentFreak

MAY 1, 2024

Copyright law crafted decades ago to prevent infringement in an analog world has in many cases held up remarkably well in the digital age. Copying or reproduction remains relevant, as does the concept of distribution. In the United States, the existence of a loophole in copyright law had been an open secret for some time.

Law 130

Law Copyright Infringement Copyright Copyright Law 130

SpicyIP

SEPTEMBER 12, 2024

He is also the co-author of two books- “Create, Copy, Disrupt: India’s Intellectual Property Dilemmas” (OUP, 2017) and “The Truth Pill: The Myth of Drug Regulation in India” (Simon and Schuster India, 2022). Image from here Book Review: Modern Law of Copyright in Singapore By Prashant Reddy T.

Copyright 81

Copyright Law Copyright Law Intellectual Property 81

TorrentFreak

AUGUST 12, 2023

. “While the commercially viable recordings will have been restored or remastered onto LP’s or CD, there is still research value in the artifacts and usage evidence in the often rare 78rpm discs and recordings,” IA wrote following the launch of the project in 2017.

Copyright 98

Copyright Cease and Desist Music Copying 98

Garrigues Blog

MARCH 27, 2025

The question therefore is: Can board games be protected by copyright? Lets put the cards on the table: from the Copyright Law and case law that interprets it can be inferred, that, generally speaking, the mechanics of a game do not meet the requirements to be protected as an intellectual property work.

Copyright 52

Copyright Intellectual Property Artistic Work Intellectual Property Law 52

TorrentFreak

OCTOBER 1, 2023

In our brave new world where millions of ordinary people are copyright holders of snaps they publish to social media or videos they upload to YouTube, awareness of copyright law is at an all-time high. ” and “Is it copyright if nobody knows I copied a song and changed it so it sounds nothing like the original?

Fair Use 120

Fair Use Copyright Copying Copyright Infringement 120

IPilogue

OCTOBER 28, 2021

Copyright Creeping into Costumes. In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. DIY Tricks?

Intellectual Property 115

Intellectual Property Designs Design Copyright 115

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. Access Copyright subsequently sued for copyright infringement.

Copyright 105

Copyright Copying Copyright Infringement Licensing 105

The IP Law Blog

AUGUST 4, 2022

Embedding” means the process of copying unique HTML code assigned to the location of a digital copy of the photo or video published to the Internet, and the insertion of that code into a target webpage or social media post so that photo or video is linked for display within the target post. Alexis Hunley et al v. Amazon.com, Inc.

Copyright Infringement 98

Copyright Infringement Social Media Licensing Publishing 98

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 98

Blogging Copying Social Media Copyright 98

Kluwer Copyright Blog

FEBRUARY 13, 2022

We soon realized that information about the changes to copyright law over time – which would be especially useful for empirical studies – was lacking. There have been many studies describing differences in copyright exceptions between countries, such as those by Seng , Crews , Hilty & Nérisson , and the WIPO Secretariat.

Copyright 98

Copyright Copyright Law Technology Fair Use 98

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

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.

Copyright Infringement 123

Copyright Infringement Copyright Fair Use Licensing 123

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

Kluwer Copyright Blog

OCTOBER 3, 2023

In the plaintiffs’ reasoning, the development of the AI by Google began in 2017, when it introduced the “Transformer” neural network, a revolutionary framework underpinning the LLM. 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir. 3d 723, 743 (9th Cir. Church of God, Inc.,

Fair Use 137

Fair Use Privacy Copyright Technology 137

The IP Law Blog

OCTOBER 14, 2021

Wilmott Storage Services, LLC , decided September 9, 2021, the Ninth Circuit clarified the role that the de minimis concept plays in copyright infringement cases. In essence, the Ninth Circuit explained that de minimis goes to the amount of copying of a copyrighted work as opposed to any de minimis use or display of any such a work.

Copyright 97

Copyright Copyright Infringement Copying Litigation 97

TorrentFreak

FEBRUARY 28, 2022

Furthermore, it’s alleged that DataCamp was sent copies of lawsuits and judgments relating to pirate IPTV services but the company’s responses were completely lacking. US Company Sues UK Company Overseas. DMCA and DataCamp’s Infringement Policies. No Safe Harbor.

Copyright Infringement 143

Copyright Infringement Copyright Marketing Marketing 143

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. 3d 14 (2d Cir.

Blogging 98

Blogging Copyright Settlement Ownership 98

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. This approach, initially applied to cultural politics by Dentith, can be similarly adopted within copyright law.

Copyright Law 88

Copyright Law Art Copyright Law 88

The IPKat

DECEMBER 19, 2022

These agreements were negotiated in parallel between 2007 and 2013, and entered into force in 2016-2017. Moldova and Ukraine have been mostly copy-pasting the AA norms into their national laws (a pattern one can also observe in some EU Member States, when they implement EU Directives).

IP 125

IP Intellectual Property Law Copying 125

Kluwer Copyright Blog

MARCH 16, 2022

The existing TDM exceptions under UK copyright law. For the exception to kick in the person must have “lawful access” to the work and any copy must be accompanied by “sufficient acknowledgement”. The same has already been argued by the European Copyright Society , in 2017.

Licensing 98

Licensing IP Intellectual Property Intellectual Property Law 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 ). However, it is only a first step towards making user’s rights a reality.

Copyright 126

Copyright Art Licensing Contracts 126

IPilogue

MAY 26, 2022

However, Toronto-born rapper Drake successfully used the fair use doctrine in a 2017 copyright infringement lawsuit regarding the use of thirty-five second recording of a spoken-word piece on his song “Pound Cake.” The fair use defence is rarely used in music sampling cases.

Fair Use 111

Fair Use Copyright Infringement Copyright Music 111