Plagiarism Today

APRIL 27, 2022

1: Top EU Court Rejects Polish Complaint Over Copyright Law. First off today, John Silk at Deutsche Welle reports that the highest court in the European Union, the European Court of Justice (ECJ), has rejected a Polish challenge to the latest EU copyright directive. Have any suggestions for the 3 Count?

Music 201

Music Art Artwork Copying 201

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 Design Designs Copying 189

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.

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Copyright Law Settlement Copying 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.

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Registration Design Designs Copying 130

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.

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Fair Use Derivative Work Artwork Copyright Law 98

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.

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Copyright Cease and Desist Music Copying 98

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.

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Copyright Copying Social Media Music 109

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.

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Copyright Law Copyright Law Artwork 102

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.,

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Copyright Copying Copyright Infringement Copyright Law 122

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?

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Fair Use Copyright Copying Copyright Infringement 106

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.

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Law Copyright Infringement Copyright Copyright Law 106

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.

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Blogging Copying Social Media Copyright 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.

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Confidentiality Intellectual Property Technology Copyright Law 105

LexBlog IP

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.

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Fair Use Derivative Work Artwork Copyright Law 52

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.

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Copyright Infringement Social Media Licensing Publishing 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.

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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 104

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.

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Copyright Law Art Copyright Law 83

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.

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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.,

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LexBlog IP

SEPTEMBER 27, 2021

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work. Ct 1002, 1007 (2017).

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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.

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Copyright Copyright Infringement Copying Litigation 97

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.

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Registration Design Designs Copying 40

IPilogue

DECEMBER 13, 2022

Fast forward to 2017, when Vanity Fair published a special issue to pay homage to the recently deceased musician that featured ‘Orange Prince’ – Andy Warhol’s pop art depiction of Goldsmith’s photograph.

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Art Fair Use Intellectual Property Licensing 78

Technology & Marketing Law Blog

SEPTEMBER 15, 2024

As a result, UMG apparently makes the blanket assumption that it owns every element of a sound recording in its catalog, leading to overenforcements like this one where it apparently is enforcing its status as a non-exclusive licensee of the beat (which copyright law doesn’t permit). Babybus * A 512(f) Plaintiff Wins at Trial!

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Fair Use Cease and Desist Ownership Licensing 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.

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Copyright Art Licensing Contracts 117

The IPKat

MARCH 10, 2022

The IPKat's favourite Le Pliage When you have a handbag design bestseller with over 54 million copies sold around the world since its creation in 1993, the question concerning the IP rights vesting in it is not just an academic one. All this was at the centre of a recent decision of the Milan Court of First Instance ( decision 10280/2021 ).

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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.

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Blogging Copyright Settlement Ownership 95

LexBlog IP

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. Amazon.com, Inc.

Copyright Infringement 52

Copyright Infringement Licensing Publishing Copying 52

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.

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Licensing IP Intellectual Property Intellectual Property Law 92

IP and Legal Filings

OCTOBER 7, 2022

in 2017 to 13% in 2018. Additionally, the Covid-19 epidemic has sped up the process of digitization and renewed debate over online copyright. A copyright is a legal privilege granted to the owner of intellectual property. It is the right to copy, as the name implies.

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Intellectual Property Intellectual Property Law Copyright Infringement Copyright 52

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.

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Fair Use Copyright Infringement Copyright Music 111

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. AHUJA, LAW RELATING TO IPR (LexisNexis Publication 2017).

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Intellectual Property Due Diligence Journalism IP 59

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.

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Copyright Infringement Copyright Marketing Marketing 138

IP and Legal Filings

JUNE 29, 2024

The personality rights in India are generally enforced in the context of Intellectual Property Laws. 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. Union of India, (2017) 10 SCC 1. [3] Ammini Amma and Ors.,

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Personality Rights Fair Use Privacy Intellectual Property Law 96

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. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

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Contracts Copyright Law Cease and Desist 98

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.

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Related Rights Law Copyright Copying 52