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3 Count: Time’s Side

Plagiarism Today

1: Court of Appeals Rules That a Timely Filed Copyright Infringement Lawsuit Can Recover All Damages, No Matter How Long Ago They Occurred. However, Starz was unaware of the infringements and only learned about them in August 2019. Through discovery, Starz learned that these infringements went all the way back to 2013.

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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

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

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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 3 of 4: Related rights and exceptions and limitations

Kluwer Copyright Blog

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. Related rights. The defendant invoked the defence of the limitation provision in Section 57 UrhG.

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Austrian Supreme Court finds YouTube not responsible for copyright infringements by users

Kluwer Copyright Blog

The Austrian Supreme Court held that YouTube – as a host service provider – was not responsible for copyright infringements by its users as long as it was not put on notice of the infringements (17. Puls 4 had argued that YouTube was responsible for copyright infringement by its users. 2021, 4 Ob 132/21x ).

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First Significant EU Decision Concerning Data Mining and Dataset Creation to Train Artificial Intelligence

JD Supra Law

A court in Hamburg, Germany, has decided a copyright infringement case in a way that sheds light on how European courts may apply the text and data mining (TDM) exemption to AI model developers. The exemption is contained in EU Directive 2019/790 on copyright and related rights in the Digital Single Market Directive.

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Around the IP Blogs

The IPKat

As reported by The Fashion Law, a recent case in China involved copyright infringement of a series of illustrated works by Chinese artist Ma Qianli and the contributory liability of Chinese marketplace Bigverse.

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The EUIPO has published the second phase of its research on Automated Content Recognition (ACR) technologies

The IPKat

On September 22, 2022 , the European Union Intellectual Office (EUIPO), through its European Observatory on Infringements of Intellectual Property Rights, published a discussion paper entitled " Automated Content Recognition: IP Enforcement and management use cases ".