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 ). From this constitutional dimension of copyright emerged the notion of ‘user rights’ ( Geiger, 2020 ).

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JIPEL Copyright Blog

APRIL 23, 2021

To get around the tangle of copyright law. There are two types of copyright registrations available for music: composition rights, which can cover lyrics and sheet music, and sound recording rights, which cover the actual recording of the song.

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Plagiarism Today

MARCH 14, 2022

1: Katy Perry Wins in Dark Horse Copyright Appeal. copyright law. Genius filed the lawsuit in 2019 alleging that Google was unlawfully copying lyrics to songs that they had hosted. However, Genius, not the copyright holder on the lyrics, opted to sue claiming breach of contract and unfair competition laws.

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Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). Guy Rub , The Ohio State University Michael E.

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The IPKat

DECEMBER 13, 2022

We begin with developments in the copyright field. In February , Kenya’s parliament passed the Copyright Amendment Bill 2021. Amongst other things, the Act also establishes a National Rights Registry (NRR ) , which is the central repository collating details pertaining to the ownership of various copyright works.

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Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright.

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IP and Legal Filings

JULY 21, 2022

The time is ripe to strike a balance between the copyright owner’s economic interests and the public’s right to have access to information and knowledge for growth and development of society before it turns out as blessings of talent over the curse of poverty. Copyright ensures certain minimum rights and it has never been an absolute right.

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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. Scope of protection (copyrighted works) 1.

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The IPKat

DECEMBER 5, 2021

As previously discussed , the Copyright (Rights and Remuneration of Musicians, Etc.) Bill proposed new laws for equitable remuneration for streaming, contract adjustment, right of revocation and transparency. to modernise the law so it reflects the reality of the music industry." This bill is not about anarchy in the UK.

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IPilogue

JUNE 14, 2022

In 2019 , Ithaca Holdings acquired Big Machine Records for an estimated $300 million, including the master recordings for one of the most popular and successful musicians in the world: Taylor Swift. At the heart of Taylor’s decision was an often overlooked but significant legal distinction in the copyright law governing the music industry.

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The IPKat

DECEMBER 26, 2023

As readers may be aware, Articles 18-22 of the Directive (EU) 2019/790 (DSM Directive) [IPKat coverage here ] establish protective measures for authors and performers that license or transfer the exclusive economic rights over their works and performances to third parties for the purpose of exploitation.

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TorrentFreak

FEBRUARY 7, 2023

In 2021, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies.com of copyright and trademark infringement, among other things. AimJunkies denied the claims and argued that cheating isn’t against the law. Court Dismissed Bungie’s Copyright Claims In May 2022, U.S.

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LexBlog IP

MAY 4, 2022

Since its establishment, GEA has claimed to be entitled to collect the above equitable remuneration not only for its members (ie, rights holders represented by it) but also on behalf of producers, performers, and musicians who are not represented by it on the basis of a contract or relevant mandate.

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Kluwer Copyright Blog

MARCH 14, 2024

Photo by Christian Wiediger from Unsplash This article continues the tradition of reporting on the copyright case law of the German Bundesgerichtshof, the highest German civil court for copyright matters (Federal Court of Justice – “BGH”). Part II will focus on copyright contract law and claims under copyright law.

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The IPKat

SEPTEMBER 29, 2022

Ubertazzi was one of the leading intellectual property academics in Italy (as well as a great lawyer), founder and editor of the most important Italian copyright journal (AIDA) and editor and author of the most widely used Commentary on Italian intellectual property laws. In fact, one of Prof.

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Kluwer Copyright Blog

MARCH 18, 2024

Photo by Christian Wiediger from Unsplash Part I of this annual post reporting on the copyright case law of the German Bundesgerichtshof covered decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. IV. Copyright contract law (Sections 31 et seqq.

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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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Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

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Copyright Lately

MAY 7, 2021

The studio argues that a complaint seeking an accounting of profits from its planned Rin Rin Tin film doesn’t arise under the Copyright Act. In 2019, Warner Bros. In 2019, Warner Bros. Accounting Claims Between Copyright Co-Owners Don’t Arise Under Copyright Law.

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Copyright Lately

JULY 17, 2022

Composer Jay Livingston’s granddaughter is suing her mother for exercising copyright termination rights in “Que Sera, Sera” and other popular songs. Tammy’s complaint seeks a declaration that Travilyn’s copyright termination notices aren’t valid and that she’s still entitled to royalties.

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The IPKat

SEPTEMBER 16, 2022

On the oriental side, readers may recall that Bruce Lee Enterprises (the estate of the late well-known Chinese American martial artist Bruce Lee) filed a lawsuit against “Real Kungfu” fast-food chain for using Bruce Lee’s image without permission in Shanghai back in 2019. InternKat James Kwong reported that the trial has recently begun.

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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.

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The IP Law Blog

MARCH 31, 2022

Because Densy’s script was based on historical facts, and because Desny only conveyed the bare minimum of those facts to Wilder’s secretary, both parties conceded for the purpose of the appeal that the synopsis was not sufficiently original to form the basis of a federal copyright claim. There had been idea theft cases prior to Desny.

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IP and Legal Filings

NOVEMBER 9, 2022

But needless to say, the Metaverse brings into picture several aspects of the law such as Copyright law , Contract law, Tort law and Criminal law. Contract Law . Section 2(h) of the Indian Contract Act,1872 defines ‘Contract’ as “An agreement enforceable by law”.

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IIPRD

FEBRUARY 27, 2021

On 12 th February 2021, Taylor Swift re-released one of her most famous songs “Love Story” the reason being as Swift told Good Morning America last August was, “My contract says that starting November 2020 … I can record albums one through five all over again.”. Most musicians are familiar with copyright law. A Conglomerate.

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Kluwer Copyright Blog

AUGUST 18, 2021

Much bigger pressures come from the 2019 Open data and public sector information directive , the 2020 proposal for a Data governance regulation , and the still to be announced proposal for a Data Act. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data. by Tito Rendas. €

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IPilogue

APRIL 4, 2022

Haunted by Mariana’s lifetime of distress, and in search of answers, I landed at Osgoode Hall Law School in Toronto. As journalist-in-residence there, I worked from 2017 to 2019 with a team of 20 law students and 18 law professors, alongside lawyers from several countries, on a project entitled ‘A Child’s Right to be Forgotten’.

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Kluwer Copyright Blog

JUNE 1, 2023

The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law.

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TorrentFreak

NOVEMBER 12, 2022

“You must ensure that you do not place digital advertisements on websites providing unauthorized access to copyrighted content and must take all reasonable steps to ensure that third parties with whom you contract do similar,” the regulator warns. if they have been blocked under Australian law.

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Kluwer Copyright Blog

JANUARY 16, 2023

In the last year, the German Copyright Act has experienced what is probably its most substantial reform since it first came into force in 1966. The reason for this was the implementation of the DSM Copyright Directive 2019/790/EU (DSMD) and Directive 2019/789/EU (Online SatCab Directive). UrhG, was completely reworked.

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Kluwer Copyright Blog

JANUARY 9, 2023

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2023 to all of our readers, as well as reflect on developments in copyright over the past year. YouTube’s first Copyright Transparency Report 2021 – A step towards “factfulness” by Jan Bernd Nordemann. 17 DSM Directive 2019/790 (“DSMD”). .

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Kluwer Copyright Blog

JUNE 20, 2023

In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law.

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SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? IIM ) , and their applicability cannot be waived by contract.

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Kluwer Copyright Blog

DECEMBER 6, 2023

Photo by Aaron Burden on Unsplash In 2019, the European Union (EU) adopted its most important copyright reform in the past 20 years with the Copyright in the Digital Single Market (DSM) Directive. A core goal of the DSM Directive was to adapt EU copyright law to the digital era, ensuring it could address new practices.

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Kluwer Copyright Blog

DECEMBER 12, 2022

Concomitantly, the imposition of APCs has created new, and sometimes insurmountable, barriers to publication for researchers that are not affiliated to a contracting institution. [6] The new copyright rules relevant to “Big Deals”. In current practice, authors are expected to assign or exclusively license their copyright to publishers.

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Kluwer Copyright Blog

JUNE 7, 2023

This examined the problem of authors’ remuneration: authors’ contracts tend to result in disproportionately low revenues relative to the returns of investors and intermediaries. Free alienability Common law favours the easy alienability of authors’ rights, which is particularly evident in the United States (U.S.). On this prompt, Prof.

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Kluwer Copyright Blog

FEBRUARY 28, 2022

At the time that Directive 2019/790/EU ( DSM Directive ) was being developed, much media attention was focussed, over a period of many months, on the liability of online content sharing service providers for content uploaded by their users. 8 UrhDaG); general responsibility under copyright law for user uploads is established in Sec.

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