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 86

IP Designs Design Registration 86

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). In 2019, the U.S. Deepbrain AI , Veed.io ).

Copyright 121

Copyright Art Copyright Law Licensing 121

IIPRD

MAY 9, 2024

Hence, the concept of cross licensing agreement has originated with the intent to help various organizations in sharing patent licenses along with their rights and liabilities leading to their easier access to masses and reduction of monopolistic market tendencies. Cross-licensing agreements can both restrain and advance competition.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Licensing Law 59

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.

Cinema 91

Cinema Television Reporting Privacy 91

SpicyIP

OCTOBER 27, 2023

False urgency is a marketing tactic that creates a false sense of scarcity to pressure consumers into making a purchase, often resulting in dark patterns, limited stock, and unexpected delivery. Misuse of copyrighted content: It also includes misuse of copyrighted material, such as using images or content without permission to mislead users.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

Kluwer Copyright Blog

FEBRUARY 20, 2024

years after the implementation deadline, Poland still had to implement the provisions of the 2019 Copyright in the Digital Single Market Directive into national law. So how do you make lemonade out of the fact that you are the only EU Member State without an implementation ?

Copyright Law 143

Copyright Law Copyright Law Government 143

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.

Copying 102

Copying Copyright Law Copyright Social Media 102

Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts. 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

OCTOBER 3, 2023

It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). 2019); Worldwide Church of God vs Phila. 4th 1149 (9th Cir. 3d 723, 743 (9th Cir.

Fair Use 134

Fair Use Privacy Copyright Technology 134

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. 1] Presently, multiple e-commerce platforms have emerged in the market which was predominantly ruled by Amazon and Flipkart. 26, 2023, 11:00 AM), [link].

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

The IPKat

OCTOBER 3, 2022

October 26, 2022 | Bird & Bird | "Webinar: The DSM Directive one year on (part II) Article 15: A power shift back to the publishers?" | online Article 15 of Directive 2019/790 builds on and follows a number of national initiatives aimed at remedying declining revenues in the press sector.

Registration 60

Registration Intellectual Property IP Copyright 60

The IPKat

JULY 22, 2021

Katfriend Dr Sabine Jacques , Associate Professor in IP, IT & Media law at the University of East Anglia and author of The Parody Exception in Copyright Law (OUP 2019), provides the follow review of The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity – by Martin Senftleben.

Trademark 56

Trademark Public Domain Copyright Cease and Desist 56

IIPRD

MARCH 4, 2024

This right can be related to music, a book, a logo, any art work, work related to science, designs of the industries. It creates an impact in the market, like at the time of collaboration or merger with foreign companies. Sri Sri Ganesh Productions, AIRONLINE 2019 DEL 1017. [2] What are the rights in Intellectual Property?

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

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

TorrentFreak

JULY 27, 2021

Back in 2016, the European Commission announced plans to amend EU copyright law to better meet emerging challenges on the Internet. One of the most controversial elements of the new Copyright Directive was Article 13 (now Article 17). 23 Member States Failed To Meet June 2021 Deadline.

Copyright Law 142

Copyright Law Copyright Law Licensing 142

LexBlog IP

DECEMBER 3, 2021

Using Copyright Law to Fight Fakes. Copyright law also provides an avenue of protection for brand owners. The Digital Millennium Copyright Act (“DMCA”) requires website owners to create an ability for a brand owner to petition the site to take down an infringing work in order to avoid liability for the same.

Branding 52

Branding Brands Branding Intellectual Property 52

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. €

Government 55

Government Database Right Intellectual Property Copyright 55

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.

Copyright Law 108

Copyright Law Copyright Law Art 108

The IPKat

FEBRUARY 6, 2022

Janis The Transformation of EU Geographical Indications Law, by Andrea Zappalaglio And the joint winners of best Trade Mark book 2021 are: A User's Guide to Trade Marks and Passing Off, by Nicholas Caddick QC, Ben Longstaff, Jamie Muir Wood, and Charlotte Duly The Transformation of EU Geographical Indications Law, by Andrea Zappalaglio Best Copyright (..)

Intellectual Property 145

Intellectual Property Editing Copyright Law Intellectual Property Law 145

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

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

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

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 106

Copyright Copyright Law Due Diligence Law 106

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 64

Reporting Designs Design Government 64

SpicyIP

MARCH 15, 2022

Press publishers are dependent on platforms like Google and Facebook for referential traffic on their website making it difficult for them to negotiate with giant platforms especially the ones with the dominant market position. The EU took the Intellectual Property route by introducing a related right under its copy right law.

Publishing 105

Publishing Marketing Marketing Advertising 105

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

Kluwer Copyright Blog

APRIL 5, 2023

Opposing the claimants’ arguments, Ravensburger challenged the cross-border application of Italian law, alleging that the claims conflict with article 14 of Copyright Directive in the Digital Single Market (CDSM) Directive since they attempt to unlawfully impose property assertions on public domain works.

Public Domain 98

Public Domain Copyright Law Artwork 98

Technology & Marketing Law Blog

MARCH 29, 2023

Now here he claims this infringed his copyright, when in fact this is merely a retaliatory claim due to my filing a DMCA claim based on his appropriation of my design and copyright computer code expressions on multiple occasions without written or verbal permission. Copyright Office on July 29, 2017.

Blogging 96

Blogging Fair Use Copyright Copyright Notice 96

The IPKat

NOVEMBER 2, 2022

Read more about the speakers and sign up to the seminar here. This round-table session seeks to look at the practical / technical aspects (strategy) and to debate on the legal consequences (scope of protection). More details of the event on be found in the brochure here. More details of the event can be found here.

Intellectual Property 64

Intellectual Property Intellectual Property Law IP Copyright 64

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.

Art 55

Art Copyright Law Copyright Law 55

Kluwer Copyright Blog

JUNE 7, 2023

Professor Cornish compared the laissez-faire , or risk-sharing, approach of the Anglo-American law to the more author-protective constraints on copyright contracts in continental jurisdictions, endorsing the latter. As a result, the CMA reported last year that it was not going to launch a market investigation. The IPO, in Prof.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

Biswajit Sarkar Copyright Blog

DECEMBER 15, 2021

.” The urge for the protection of Traditional Cultural Expressions (‘TCEs’) has become stronger in the wake of incidents such as swimsuits featuring Goddess Lakshmi, Louis Vuitton making Basotho design blankets among others. The Copyright Law gives exclusive rights in a specific work to a particular/specific copyright owner.

IP 52

IP Intellectual Property Designs Design 52

LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 Dee (2019) at 119. copyright law. include[es] the contribution of businesses with religious roots. society at over $1 trillion annually. ” Id.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Technology & Marketing Law Blog

MARCH 7, 2022

(Readers who are already familiar with the facts of the case and the advantages of registration may skip to “Fraud on the Copyright Office” below.). Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” b)(4)(i)(A) (2011).

Registration 78

Registration Blogging Copyright Designs 78

Kluwer Copyright Blog

FEBRUARY 9, 2022

As a matter of principle, the exercise of the exclusive rights under copyright is the author’s individual prerogative: it is the author who decides whether they wish to authorize the reproduction or communication to the public of their works (the same goes for the performer, the producers, the broadcaster or the news publisher).

Copyright 52

Copyright Licensing Art Publishing 52

Kluwer Copyright Blog

NOVEMBER 3, 2022

Like most exceptions in the EU copyright acquis , the general parody exception in Article 5(3)(k) of the InfoSoc Directive was originally designed as optional, meaning that Member States could choose to implement it or not into their domestic legal orders. A pre-print is available for free download on SSRN. Or does it?

Intellectual Property 61

Intellectual Property Copyright Law Copyright Law 61

Kluwer Copyright Blog

APRIL 20, 2022

However, ever since May 2019 the Ministry has worked hard to deliver a product that works in the real world and even set up a working group initially consisting of not less than 80 different actors the same month. 1. Hors d’oeuvre: deconstructed Article 17 served on traditional copyright law principles.

Copyright 64

Copyright Government Law Intellectual Property Law 64