IPilogue

AUGUST 19, 2022

Sullivan’s family has said that it took Sullivan decades of “personal experience, skill and hard graft to create and develop an imaginary world rich in memorable characters” warranting copyright. He also considered the two-step infringement test from Designers Guild listed in paragraph 126. Infringement of protected works.

Copyright Law 105

Copyright Law Copyright Law Cease and Desist 105

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.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Plagiarism Today

JANUARY 3, 2022

3: Copyright and the Takings Clause. 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. According to Unicolors, the retailers infringed on one of their designs and sold various goods with it.

Copyright 263

Copyright Public Domain Registration Social Media 263

Plagiarism Today

SEPTEMBER 21, 2021

In July 2019, YouTuber James St. Graphic design is credited to award-winning graphic designer Jeremy Samples, so it's disappointing they would copy instead of producing original artwork. This has made Disney something of a copyright villain to many online and off. Onge identifies as an award-winning graphic designer.

Plagiarism 208

Plagiarism Graphic Design Copying Artwork 208

The IPKat

FEBRUARY 17, 2022

Can a work entirely created by a machine be protected by copyright? In 2019, the Copyright Office rejected the application, holding that human authorship is necessary to support a copyright claim. The application stated that the Work had been autonomously created by a computer algorithm running on a machine.

Copyright 145

Copyright Artistic Work Copyright Law Contracts 145

IPilogue

JULY 8, 2021

On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and related rights in the Digital Single Market. June 7, 2021 was the deadline for the member states to enact their national laws in accordance with the Directive. Article 17’s copyright exceptions are also problematic.

Copyright 105

Copyright Copyright Law Due Diligence Law 105

Kluwer Copyright Blog

APRIL 2, 2024

Photo by TheoRivierenlaan from Pixabay The Austrian Supreme Court (hereinafter: “ASC”) ruled on 19th of December 2023 ( 4 Ob 112/23h ) in a case concerning the 2019 film “Yesterday” The Plaintiff alleged that the film infringed its copyright in a short screenplay idea published in 2011.

Copyright Law 55

Copyright Law Copyright Law Cinema 55

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.

Design 57

Design Designs Copyright Design Patent 57

The IPKat

JUNE 17, 2023

Would you say that Cattelan’s work (realized for an exhibition in Miami in 2019) is an unauthorized reproduction of the 2001 work below, titled Banana and Orange , and thus an infringement of the copyright vesting in it? Of course, that is not all: Comedian has in fact also sparked litigation in the USA.

Copyright Infringement 143

Copyright Infringement Copyright Art Artistic Work 143

Kluwer Copyright Blog

FEBRUARY 2, 2023

These include (and may be limited to) Hong Kong ( section 11(3), Copyright Ordinance ), India (section 2(d)(vi), Copyright Act, 1957 ), Ireland ( Art. Registration was refused in August 2019, in line with previous US case law and guidance. We were not aware that the image may have been created by AI” 2.

Copyright 145

Copyright Art Fair Use Registration 145

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright 136

Copyright Copyright Law Fair Use Law 136

Technology & Marketing Law Blog

MAY 17, 2024

First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. But it won on a different and, in many respects, much broader legal theory: conflict preemption with copyright law.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

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).

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

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 ).

IP 87

IP Design Designs Registration 87

The IPKat

DECEMBER 4, 2023

Incidentally, both proceedings stemmed from a long-running dispute between Piaggio and a Chinese company accused by the former of parasitically copying the Vespa design. In 2019, the Court of Appeal of Turin upheld the decision at first instance. A final appeal to the Italian Supreme Court followed.

Design 134

Design Designs Copyright Registration 134

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. . The BGH arrived at the same ruling as in Cordoba II in another judgment in 2019 called Testversion.

Law 52

Law Copyright Television Copyright Infringement 52

Kluwer Copyright Blog

JANUARY 16, 2024

LLaMA is a large language model in the form of an AI software program designed to emit convincingly naturalistic text outputs in response to user prompts. Meta used them as training data for the LLaMA language models and, by design, the training process does not preserve any CMI.

Derivative Work 131

Derivative Work Copyright Infringement Copying Copyright 131

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.

Design 52

Design Designs Copyright Intellectual Property 52

IPilogue

SEPTEMBER 22, 2022

Image Source: Lumen, Over thirty thousand DMCA notices reveal an organized attempt to abuse copyright law. Lumen is a project launched by the Berkman Klein Center for Internet & Society at Harvard University that was specifically designed to examine this problem.

Copyright 105

Copyright Blogging Plagiarism Publishing 105

SpicyIP

AUGUST 2, 2021

Starting off with the copyright exceptions, she writes about how the Standing Committee Report views the exception to infringement under Section 52 as widely scoped and detrimental to the publishing industry and authors. India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts.

Reporting 116

Reporting Design Designs Copyright 116

The IP Law Blog

JUNE 15, 2023

In 2019, the Ninth Circuit had previously found mostly in Zillow’s favor as to an earlier trial and had reversed and remanded the case back for further proceedings. Second, Zillow selected certain photographs “of artfully-designed rooms in some of those properties” to post to its “Digs” website, which is directed toward home improvement.

Copyright 98

Copyright Registration Licensing Derivative Work 98

Copyright Lately

AUGUST 22, 2021

Back in May, I wrote about an overzealous copyright infringement lawsuit filed by Rachel Dolezal , the woman best known for mispresenting her racial background. The complaint raised concerns that Dolezal was using copyright law to purge the historical record of her controversial past, while seeking substantial monetary damages in the process.

Copyright 89

Copyright Fair Use Settlement Design 89

Kluwer Copyright Blog

OCTOBER 17, 2023

Indeed, human creators seek compensation for the novel use of their intellectual efforts while AI firms aim to maximize the free harvesting of data (including copyright-protected materials) for training their algorithms. Lately, IP offices and the judiciary have started to decide on the copyrightability of AI-generated outputs.

Copyright 121

Copyright Art Copyright Law Licensing 121

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.

Contracts 62

Contracts Design Designs Copyright Law 62

The IPKat

SEPTEMBER 30, 2024

Applicable law In December 2022, Ukrainian Parliament adopted a new copyright law, Law No 2811-IX [see an overview of its main provisions by The IPKat here ]. In practice, the Law includes some digressions from the EU acquis, including in the way Ukraine implemented Art.

IP 85

IP Art Moral Rights Registration 85

TorrentFreak

NOVEMBER 13, 2022

Under powers inherited from the Ministry of Communications, telecoms regulator Anatel (Agência Nacional de Telecomunicações) together with movie group Ancine (Agência Nacional do Cinema) will also implement an internet blocking system designed to disrupt IPTV pirates’ ability to do business. A reported 1.5 Most recent actions below).

Cinema 105

Cinema Television Reporting Privacy 105

CopyrightsWorld

APRIL 29, 2022

Last Monday, the Copyright Office issued a fresh ruling rejecting a request to copyright an AI-generated artwork. “Visions of a Dying Brain” created by AI. ” An Exchange of Letters with the Copyright Office. .” ” An Exchange of Letters with the Copyright Office. says the author.

Copyright 98

Copyright Artwork Public Domain Copyright Law 98

TorrentFreak

FEBRUARY 9, 2022

In November 2019, the federal government shut down Gears-branded IPTV services operated by Bill Omar Carrasquillo, better known by his social media handle Omi in a Hellcat. Whatever that advice was, anyone with even a basic understanding of copyright law in the United States could see otherwise.

Social Media 139

Social Media Copyright Copyright Law Copying 139

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.

Artwork 98

Artwork Contracts Ownership IP 98

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. 4th 1149 (9th Cir. 3d 723, 743 (9th Cir. Church of God, Inc.,

Fair Use 134

Fair Use Privacy Copyright Technology 134

The IPKat

AUGUST 25, 2022

GuestKat Nedim Malovic reported and commented on the background and reasoning of the Second Board of Appeal's decision in Case R 503/2021-2 ( Speculative Product Design LLC v. In addition, the UK Government responded to the call for views on design, which ran from January to March 2022 (see here ). see here ).

Reporting 67

Reporting Design Designs Government 67

Kluwer Copyright Blog

JANUARY 9, 2023

At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art. 17 DSM Directive 2019/790 (“DSMD”). . Part II is available here.

Copyright 94

Copyright Blogging Fair Use Reporting 94

Garrigues Blog

APRIL 16, 2024

The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law.

Art 59

Art Artistic Work Law Design 59

CopyrightsWorld

APRIL 29, 2022

Last Monday, the Copyright Office issued a fresh ruling rejecting a request to copyright an AI-generated artwork. “Visions of a Dying Brain” created by AI. ” An Exchange of Letters with the Copyright Office. .” ” An Exchange of Letters with the Copyright Office. says the author.

Copyright 98

Copyright Artwork Public Domain Art 98

IPilogue

NOVEMBER 15, 2021

Copyright Office. Larson first commenced legal action at the start of 2019 following a number of attempts by Ms. The legal issues at hand call back into the spotlight an age-old question that courts have always struggled with answering in copyright law—where does one draw the line between when a work can and cannot be protected?

Art 105

Art Copyright Infringement Copyright Copying 105

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. It is noteworthy for a number of reasons.

Copyright Infringement 111

Copyright Infringement Copyright Music Intellectual Property 111

The IPKat

JUNE 9, 2023

It was dedicated to the best and worst copyright and design cases of the past 20 years. Lord Justice Arnold, opening the first panel (photo: Neil Graveney) Lord Justice Arnold opened the panel, suggesting Infopaq ( C-5/08 ) as both the best and the worst copyright case (and certainly the most influential).

Reporting 54

Reporting Music Design Designs 54