The IPKat

JULY 12, 2024

While the AI Act is not IP-specific legislation, it will have a substantial impact on it, notably copyright and trade secrets. It covers a wide range of areas, from health and safety to CE marking and copyright. IP-related impact Recitals 104 to 109 and Article 53 have a direct impact on copyright.

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Publishing Related Rights Copyright Marketing 125

The IPKat

DECEMBER 1, 2023

As has been reported in the music press, the well-known digital music service Spotify has announced that it will be imminently ceasing its operations in Uruguay due to certain amendments included in the country's copyright laws regarding the remuneration of performers. Uruguayan Kat wondering where to find music now.

Copyright Law 70

Copyright Law Copyright Law Music 70

Kluwer Copyright Blog

JUNE 30, 2021

In February 2019, Tamita Brown, Glen S. Finally, the Second Circuit found that the fourth factor – the ‘effect on the potential market’ – favors fair use as well. More from our authors: Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty. Chapman, and Jason T.

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Fair Use Copyright Law Copyright Law 102

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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Contracts Copyright Law Cease and Desist 98

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

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. Tugce Kucukali is an IPilogue Writer and incoming LL.M.

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Copyright Copyright Law Due Diligence Law 105

TorrentFreak

JANUARY 22, 2022

Due to the way many pirate IPTV services are structured, top level suppliers often rely on a cascading marketing system whereby subscriptions are sold and resold through a network of so-called resellers. Instead, Wallström says that for users, it’s a moral issue.

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Copyright Copyright Infringement Copyright Law Reporting 142

Kluwer Copyright Blog

DECEMBER 12, 2022

In current practice, authors are expected to assign or exclusively license their copyright to publishers. Other relevant limitations and exceptions in EU law permit the use of “quotations for purposes such as criticism or review” 9b and the making available of articles on dedicated terminals in library networks. Recommendations.

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Copyright Publishing Journalism Art 123

Kluwer Copyright Blog

OCTOBER 7, 2021

Welcome to the third trimester of 2021 round up of EU copyright law! In this series we update readers every three months on developments in EU copyright law. On the copyright/trade mark front, a case on the registrability of the marks ‘ ANIMAL FARM ’ and ‘ 1984 ’ is still pending before the EUIPO’s Grand Board of Appeal.

Copyright Law 58

Copyright Law Copyright Law Television 58

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

TorrentFreak

JANUARY 5, 2023

Some recently expressed concerns that AI-generated works collide with copyright law. Other issues included the Notorious Markets report, intellectual property ‘theft’ in general, enforcement of IP law, issues related to the DMCA, and proposals related to technical measures, aka content filtering.

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Government Reporting Intellectual Property Copyright 145

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. In 2011, to enforce the decision in the States, De Fontbrune brought the case to California who ruled in Wofsy’s favour in 2019.

Fair Use 105

Fair Use Copyright Copyright Infringement Copyright 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

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

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

FEBRUARY 17, 2022

Emojis are an excellent device for trolling campaigns because they inevitably look alike and copyright law provides many powerful tools to copyright owners. Personnel note: the law firm Patterson & Sheridan led this lawsuit, with EIGHT lawyers from the firm listed on the caption. Some Related Blog Posts.

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Copyright Copying Blogging Intellectual Property 145

SpicyIP

JANUARY 12, 2022

The officials dealing with copyright were generalist administrators, and expertise on international copyright laws in academia was sparse […]. ” Interestingly, it turns out that our very own Prashant Reddy seems to have been a trigger for the writing of the book! .”

Intellectual Property 145

Intellectual Property Publishing Copyright Technology 145

The IPKat

JUNE 18, 2023

On June 19, 2022, Belgium adopted a copyright law that transposed Directive (EU) 2019/790 into the Belgian Code of Economic Law. This copyright reform entered into force on August 1, 2022. 18 of the Directive (EU) 2019/790. It is helpful to set some context for this. 18 of the Directive. It seems that Art.

Music 78

Music Copyright Art Copyright Law 78

IPilogue

MAY 20, 2022

Moreover, Russia’s cinema market seemed to also be bouncing back since the start of COVID. Last September , Paul Heth, CEO of Russia’s cinema operator Karo Group, predicted that they would achieve the near $1 billion box office receipts that they saw in 2019, this year. million in 2021.

Cinema 119

Cinema Intellectual Property Copyright Law Business 119

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. A Personal View The High Tech Law Institute has a special affinity for bananas copyright law. ” Independently (?), VINDICATED!!! Cattelan , 2023 U.S.

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Copyright Artwork Copying Social Media 98

TorrentFreak

SEPTEMBER 23, 2022

In many cases torrent site owners provided services that were just not offered in the legal market. The site was a true passion project but in 2006 it suffered a setback when law enforcement authorities seized the site’s server. For TNTVillage owner Luigi Di Liberto, the aim was to share and preserve Italian content.

Copyright 98

Copyright Music Copyright Law Publishing 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. . 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

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

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

DECEMBER 11, 2023

On its face, it does not require much – of course, entities operating in the EU must “respect Union copyright law” regardless of whether there is a provision in the AI Act requiring them to do so. Overall, the copyright provisions in the AI Act are a step in the right direction.

Copyright 111

Copyright Copyright Law Publishing Public Domain 111

SpicyIP

JULY 5, 2021

It noted that “ despite relevant University Ordinances stipulating access …, the prerogative lies with the University to withhold one such thesis in absolute confidentiality on the grounds of commercial viability and market competition. ”. JMI’s research policy, IPR Policy, and ordinance are silent on the ownership of Copyright in the thesis.

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

Technology & Marketing Law Blog

DECEMBER 27, 2021

Yet, none of them successfully discouraged a copyright claim over recipes… Carly Ann Kessler , Oppenheim & Zebrak, LLP [she changed her name to Carly Kessler Rothman]. MN) (left the case in 2019). Because copyright law lets me, I’m reproducing the dog treats recipe below. Lisa Marie Coyle , Akerman LLP.

Copyright 144

Copyright Social Media Copying Blogging 144

Kluwer Copyright Blog

JANUARY 7, 2024

Generative AI, Copyright and the AI Act by João Pedro Quintais Generative AI is one of the hot topics in copyright law today. The Pastiche in Copyright Law – Towards a European Right to Remix by Till Kreutzer and Felix Reda Pastiche is one of the newer harmonized user rights in EU copyright law.

Blogging 74

Blogging Copyright Copyright Law Law 74

Technology & Marketing Law Blog

MAY 13, 2024

. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

The IPKat

OCTOBER 6, 2021

Conferences, webinars On October 18, the Institute for Intellectual Property and Market Law (Stockholm University) will hold an online conference devoted to ‘ The Making of EU Copyright ’. The occasion of the conference is the publication of Eleonora Rosati’s book, " Copyright in the Digital Single Market.

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Intellectual Property Copyright Law Registration Copyright 67

The IPKat

APRIL 5, 2022

For the purposes of this Law, “act of unfair competition” means that in its production or distribution activities, a business disrupts the order of market competition and causes damage to the lawful rights and interests of the other businesses or consumers, in violation of this Law.

Law 95

Law Business Marketing Marketing 95

Technology & Marketing Law Blog

JULY 26, 2021

Before mid-2022, the Copyright Office will deploy a new adjudicatory function called the Copyright Claims Board (CCB). The CCB will be dominated by claims over alleged online infringement, so it’s a major development for online copyright law. 881 (2019)). Overview of the CCB. Wall-Street.com, LLC , 139 S.

Copyright 142

Copyright Law Registration Copyright Infringement 142

TorrentFreak

NOVEMBER 13, 2022

Anatel also provides data that reveals the total number of set-top boxes seized from January 1, 2019. For owners of devices set for the market or even sitting at home, Anatel has just issued a reminder that illegal set-top boxes are punishable with a fine.

Cinema 105

Cinema Television Reporting Privacy 105

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. ix] Just a brief glimpse at a meme can demonstrate just how little copyright protected material is used. [x] xii] These so called “rules for meme marketing” instruct corporate entities to be “authentic” and “relatable.”

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IPilogue

FEBRUARY 16, 2023

Typically, artists protect their artwork using only copyright law. However, artists are required to reveal their identity when claiming copyright infringement. Trademark law allows Banksy to remain anonymous and maintain his mysterious artistic persona.

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Trademark Artwork Registration Art 105

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. While NFT platforms are not yet specifically regulated, they are subject to the provisions on Electronic System Providers (“ESPs”) contained in several regulations, as follows: • Law No.

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

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. Whether to honour the digital exhaustion doctrine or not, has always seemed a matter of national or EU law.

Copyright 89

Copyright Copying Copyright Law Publishing 89