Kluwer Copyright Blog

JUNE 16, 2021

In 2019, Artem Stoliarov, a Russian DJ whose stage name is Arty, filed a lawsuit before the US District Court for the Central District of California, alleging that Marshmello’s song ‘ Happier ’ copied the synthesizer melody from his 2014 remix of OneRepublic’s ‘I Lived’ (OneRepublic is an American pop rock band). CBS ( Case No.

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Kluwer Copyright Blog

JULY 11, 2022

That copyright was found to have been infringed by the creators of an ‘interactive dining experience’ which used Del Boy and the other main characters from ‘Only Fools and Horses’, one of the most successful British TV comedies of the 1980s and 1990s. The Infringement. The Defences. Passing Off.

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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. Let me know via Twitter @plagiarismtoday.

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IP and Legal Filings

AUGUST 14, 2023

SHOULD LEX LOCI PROTECTIONIS BE APPLIED BLANKETLY TO COPYRIGHT INFRINGEMENT? It has been established that lex loci protectionis is the rule that is applied to all the IPR infringement cases, barring a few exceptions. Today, most of the copyright infringement happen through the Internet. Which law to choose then?

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Velocity of Content

JANUARY 9, 2024

Ignoring Copyright is Risky Business Research in the life sciences depends in part on the ability to acquire and share scientific information, particularly journal articles, in a timely manner. In the United States, Sci-Hub has been sued twice for copyright infringement and lost both cases.

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JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. LAW AND ECONOMICS. Costs Versus Benefits of Copyright Protection. 29, 2013), [link]. [ii] 277 (2020). [iv]

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Copyright Infringement Copyright Intellectual Property Blogging 98

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. . Nevertheless, the BGH applied the CJEU principles on posting links to copyright infringing content.

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TorrentFreak

JULY 5, 2022

In recent years we have seen several lawsuits against ISPs including Charter, Cox, RCN, and Bright House, which are accused of failing to terminate repeat copyright infringers. Under US copyright law, Internet providers must act against persistent pirates “in appropriate circumstances.” Music Industry vs. Bright House.

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IPilogue

FEBRUARY 28, 2023

The conflict of laws has often resulted in interesting dilemmas for courts where precedent cannot be readily applied, necessitating a case-by-case approach. At the request of De Fontbrune , in 1998, the police confiscated copies of Wofsy’s book, and De Fontbrune sued for copyright infringement.

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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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Kluwer Copyright Blog

NOVEMBER 16, 2023

Photo by Udo Pohlmann via Pixabay Over the last decades, European lawyers got used to the – at times remarkable and even forceful – interventions of the Court of Justice of the EU (CJEU) in copyright law. He sues for copyright infringement and claims damages. The Safarov case In 2009, Safarov authors a book.

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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. 621 (2019). 571 (2019).

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Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

Technology & Marketing Law Blog

JUNE 27, 2023

, Cattelan created artwork named “Comedian” in 2019. The court displayed the respective artworks: Morford sued Cattelan for copyright infringement. Copying-in-Fact. No Wrongful Copying To determine wrongful copying, the court uses the abstraction-filtration-comparison test. VINDICATED!!!

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IP Whiteboard

JULY 19, 2021

The Federal Court of Australia has awarded additional damages in the highest order against Clive Palmer ( Palmer ) for his copyright infringement of the 1985 Twisted Sister’s rock song “ We’re Not Gonna Take It ” (the Song ). The impetus for this case was the 2019 Australian federal election. Copyright infringement.

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TorrentFreak

MARCH 28, 2024

Hollywood Lawsuit Against IPTV Operator The complaint, filed by Hollywood majors including Disney and Warner Bros, as well as streaming giants Amazon and Netflix, accuses the defendant of widespread copyright infringement. “Beginning in 2016 and continuing through 2019, Freemon sold illegally modified Fire TV Stick devices.

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IPilogue

NOVEMBER 15, 2021

Larson first commenced legal action at the start of 2019 following a number of attempts by Ms. Dorland’s copyright infringement claims were allowed, while her claim for intentional infliction of emotional distress was denied.? In order to prove copyright infringement , Ms. 19-cv-10203-IT), Ms. Dorland’s letter.

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SpicyIP

DECEMBER 29, 2023

The Beijing Internet Court recently decided an interesting copyright infringement lawsuit concerning AI generated images ( GW law translated version here ). Original work by a human The court held that the image qualifies as an original work of human intellectual achievement under applicable Chinese copyright law.

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Copyright Copyright Infringement Copyright Law Copying 59

Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

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TorrentFreak

JULY 22, 2021

Under US copyright law, Internet providers must terminate the accounts of repeat infringers “in appropriate circumstances.”. ISPs Sued Over Repeat Infringers. The list of targets includes RCN, which was sued in 2019. From: TF , for the latest news on copyright battles, piracy and more. Internet providers.

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IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Keep Calm and Fandom On: Copyright in Cosplay, Fanfiction and Fanart by Sabrina Macklai & Emily Chow. Ad-hear to the Law: My Top Ten IP-Related Podcast Episodes by Claire Wortsman. Copyright Law.

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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.

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Technology & Marketing Law Blog

DECEMBER 27, 2021

The application of this principle to this case is easy: the elements that Defendants allegedly copied from Coscarelli’s cookbooks are primarily lists of ingredients and directions for combining them. Whereas the latter may be entitled to copyright protection, the former plainly is not. MN) (left the case in 2019).

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Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2019); Worldwide Church of God vs Phila. 2000) (“ copying an entire work militates against a finding of fair use. ”).

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IP and Legal Filings

JULY 21, 2022

Among the other solutions, the most easy and feasible way to come out of the problem of unavailability and unaffordability was to start copying the books, study materials, and video lectures with the help of different mechanisms. If copyright protection is applied rigidly, it will hamper progress of the society. Evolution afterward.

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TorrentFreak

JULY 17, 2024

Since a library of more than 30,000 anime episodes were also available for viewing, CODA’s Beijing office was prompted to file criminal copyright complaints with the Public Security Bureau of Jiangsu Province. Seven suspects were arrested and 20 websites were reportedly shut down. Two other men received suspended prison sentences.

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Kluwer Copyright Blog

SEPTEMBER 20, 2023

20 years later, Pelham composed (together with a second defendant), produced and released the hip-hop rap song “Nur mir”, which is underlain by a continuous loop of a two-second rhythmic sequence of metallic drum sounds that had been electronically copied from the “Metall auf Metall” phonogram. 5 InfoSoc Directive.

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Michael Geist

OCTOBER 7, 2022

This would enable the anti-circumvention rules to work alongside the user rights in the Copyright Act (also known as limitations and exceptions) without restricting their lawful exercise. Indeed, such an approach is consistent with the 2019 copyright review recommendation: Recommendation 19. Paragraph 41.‍1(1)‍(a)

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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. 2019 (77) PTC 1 (Del). [4] 4] Alexander S.

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Copyright Lately

DECEMBER 29, 2021

Last year, it was the Ninth Circuit’s reversal of a pleading-stage dismissal by Central District of California Judge Consuelo Marshall, which (correctly in my view) found that similarities in stock and unprotectable pirate genre elements such as battles at gunpoint and jewel-filled caves couldn’t support a viable copyright infringement claim.

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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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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.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

.” (For a comment, see here ) The DABUS team (the Artificial Inventor Project ) starting testing copyright law back in 2018, seeking to register with the US Copyright Office (USCO) A Recent Entrance to Paradise , an image created by DABUS. We were not aware that the image may have been created by AI” 2.

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LexBlog IP

JUNE 10, 2022

Goldsmith , the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law. The photographer, who had only been aware of one of the 16 images in the series, argued that Warhol had committed copyright infringement. Understanding the Fair Use Doctrine.

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IP Tech Blog

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

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LexBlog IP

DECEMBER 7, 2022

During Art Basel Miami Beach in December 2019, Italian artist and provocateur Maurizio Cattelan [1] duct-taped a banana onto a white wall. Cattelan moved to dismiss Morford’s infringement and plagiarism claims on three grounds: [7]. 3] On July 6, 2022, Judge Robert N. Cattelan lacked access to Morford’s work. [10]

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LexBlog IP

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

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Designs Design Copyright Intellectual Property 52

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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