JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. iii] While intellectual property remedies are painfully slow, the internet is on the cutting-edge of fast paced communication. xxiv] Intellectual property law recognizes a limited monopoly-esque property right for the creator.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IIPRD

JULY 4, 2021

However, the word emoji itself is not subject to protection awarded to intellectual property in general, but unlike the Indian Law, the US Law awards protection to emoji in certain cases. This may be explained by taking into consideration copyright, trademark as well as other intellectual property regimes.

Intellectual Property 40

Intellectual Property Copyright Law Trademark Trademark Law 40

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.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

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

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

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

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

The IPKat

MAY 22, 2022

The Institute for Intellectual Property and Market Law (IFIM) at Stockholm University is proud and delighted to announce its new, in-person event to be held in English at Stockholm University on Thursday, June 2, 2022, on the topic: 'The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze'.

Intellectual Property 81

Intellectual Property Intellectual Property Law IP Registration 81

The IPKat

AUGUST 31, 2021

2021 is a momentous year for EU copyright law: it is the 30th anniversary since the adoption of the first ever copyright directive (the Software Directive 1991/250) and the 20th since the passing of the seminal InfoSoc Directive 2001/29. To celebrate the publication of Copyright in the Digital Single Market.

Copyright 97

Copyright Intellectual Property Intellectual Property Law Marketing 97

SpicyIP

MARCH 15, 2022

Mili is a graduate of Institute of Law, Nirma University, currently completing her LLM at LSE. Her areas of interest are Information Technology law, Intellectual Property law, Media & Communication Law, and human rights law. . Image from here. Introduction.

Publishing 105

Publishing Marketing Marketing Advertising 105

The IPKat

NOVEMBER 2, 2022

7 February 2023 – Centre for Law, Society and Popular Culture, University of Westminster: “ Issues and Developments in Entertainment Law ” (Portland Hall, University of Westminster, UK) The seventh annual lecture delivered by Sir Richard Arnold will centre around issues and developments in entertainment law from an intellectual property perspective.

Intellectual Property 64

Intellectual Property Intellectual Property Law IP Copyright 64

The IPKat

NOVEMBER 20, 2022

24-25 November 2022 | ERA | " Annual Conference on European Copyright Law 2022 " (Tier, Germany and online) On 24 and 25 November 2022, ERA will host its hybrid annual conference that will update intellectual property lawyers on ongoing EU initiatives and recent ECJ case law in the field of copyright.

Intellectual Property 73

Intellectual Property Intellectual Property Law Registration Licensing 73

Kluwer Copyright Blog

NOVEMBER 8, 2021

Top 3 Kluwer Copyright Blog posts. 1) The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part II by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó. In this Part II we discuss copyright law aspects of NFTs, with a focus on the EU copyright acquis.”

Blogging 52

Blogging Non-Fungible Tokens Law IP 52

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

APRIL 20, 2022

Having three frameworks (Article 17 services, non-Article 17 services, and the BBS Act on the side) will become difficult to handle when copyright law is developing fast and in all directions. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. 79, the BBS case ).

Copyright 55

Copyright Intellectual Property Law Public Domain Copyright Law 55

Kluwer Copyright Blog

JANUARY 10, 2022

The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part II by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó. The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part I by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó.

Non-Fungible Tokens 91

Non-Fungible Tokens Blogging Copyright Marketing 91

Technology & Marketing Law Blog

AUGUST 30, 2021

But much like George Washington’s army, even though Flo & Eddie lost many individual battles, they ultimately won the war, as their quixotic litigation campaign prompted Congress to grant protection to pre-1972 sound recordings equivalent to that provided to newer sound recordings under federal copyright law. 569 (9th Cir.

Blogging 85

Blogging Copyright Settlement Ownership 85

Kluwer Copyright Blog

NOVEMBER 29, 2021

Article 17 has been a (the) leading buzzword of the copyright reforms of the European Union in recent years (at least half a decade already). As of June 6, 2021, however, only a handful of Member States have implemented Directive 2019/790/EU (Copyright in the Digital Single Market; hereinafter CDSMD).

Cease and Desist 111

Cease and Desist Copyright Government Publishing 111

Kluwer Copyright Blog

MARCH 28, 2022

In this sense, the case represents yet another evidence of the weak impact of the CJEU’s harmonizing efforts on national copyright flexibilities, and highlights, once again, the pressing need for a legislative intervention to realize a greater convergence between Member States’ copyright laws in action. by Christopher Heath. €

Copyright 52

Copyright Art Moral Rights Law 52

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

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

IP and Legal Filings

FEBRUARY 20, 2024

Despite the judiciary’s efforts to address the concerns under current intellectual property laws like copyright and trademark, the absence of relevant and specific provisions for the protection of personality rights has started to pose a serious threat.

Personality Rights 64

Personality Rights Privacy Social Media Copyright 64

Kluwer Copyright Blog

JANUARY 20, 2022

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”). More from our authors: Law of Raw Data.

Reporting 98

Reporting Copyright Art Copyright Infringement 98

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

Kluwer Copyright Blog

MARCH 29, 2022

By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. A pertinent example of a limitation in EU copyright law is the concept of ‘public’ within the right of communication to the public. Image by Pexels via Pixabay.

Publishing 52

Publishing Related Rights Intellectual Property Law Public Domain 52

LexBlog IP

NOVEMBER 30, 2022

1002 (2017), a case about cheerleading uniforms for most, but an invitation to me to examine the intellectual feast of issues about food porn. Claire Germain, a US law professor, wrote a 2019 article comparing French and US intellectual property law on the question of recipe rights.

IP 52

IP Intellectual Property Fair Use Trademark 52

Kluwer Copyright Blog

JANUARY 25, 2022

Amongst the many examples in which fundamental rights have demonstrated their value and their essential function, recent reforms in European copyright law have underlined their importance for the European legal order. Their introduction highlights the importance of research for creating an innovative digital market in the EU.

Copyright 58

Copyright Intellectual Property Copyright Law Law 58

LexBlog IP

APRIL 20, 2022

Where IP Spring Cleaning Starts : Whether applied to home or office, literally or figuratively, spring cleaning’s cultural, historic, and biological roots have intellectual property law analogs and other legal offshoots. ’ (Op. Neither Marano [v. ’ See, e.g., Google, Slip op. at 24-28, Dissent at 15-17.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52