IPilogue

JULY 21, 2021

In February 2020, a jury in the U.S. copyright laws by copying their source code, it also complained that Hytera infringed the federal Defend Trade Secrets Act. Kok, and G.S Kok, accessed more than 7,000 Motorola documents prior to joining Chinese rival company, Hytera Communications Corporation Limited (“Hytera Corp.”).

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Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

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Blogging Copying Social Media Copyright 96

TorrentFreak

FEBRUARY 15, 2022

In 2020, Amazon teamed up with publisher Penguin Random House and authors including John Grisham, Scott Turow and Lee Child to sue several pirate ‘Kiss Library’ eBook sites operating out of Ukraine. When sales are replaced by pirated copies, authors earn a lot less. Congress and Google Must Do More.

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Social Media Publishing Copyright Law Copyright 101

TorrentFreak

FEBRUARY 6, 2023

For the past several years, Chinese-manufactured Ubox IPTV boxes have flooded the market in Taiwan. Taiwan made amendments to copyright law that outlawed piracy-configured devices. Unsurprisingly, that did little to stop the flow or prevent China-based manufacturer Unblock Tech carrying on regardless.

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Reporting Copyright Law Copyright Government 121

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.

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Blogging Contracts Cease and Desist Social Media 97

IP and Legal Filings

JANUARY 8, 2023

modification, and other forms of copying of the work fall under this category. Music as well as the movie industry are two common industries that face copyright issues on a day to day basis. The Indian Government enacted The Copyright Act of 1957 to protect the rights of artists from getting copied or pirated. Conclusion.

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Copyright Copyright Infringement Music Copying 78

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. 5 of 2020, dated November 16, 2020, regarding ESP in the Private Sector, as amended by MOCI Regulation No. Image source: iStock]. MOCI Regulation No. 10 of 2021, dated May 21, 2021.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 89

IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Therefore, DCs cannot be freely transacted in the Chinese market.

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IP Ownership Non-Fungible Tokens Copyright Law 109

TorrentFreak

AUGUST 24, 2021

In April 2020, a coalition of entertainment companies headed up by Universal, Paramount, Columbia, Disney and Amazon filed a copyright infringement lawsuit against the operators of ‘pirate’ IPTV service Nitro TV. channels, which are only possible to offer after content is copied and stored, contrary to copyright law.

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Television Copyright Infringement Advertising Advertising 130

IIPRD

NOVEMBER 14, 2023

of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1] 4Published by : Indian Law Institute Stable URL : [link] , 28 497 (1986).

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Intellectual Property Due Diligence Journalism IP 59

LexBlog IP

MARCH 7, 2022

.” Additionally, despite the platform’s proclamation that it will take down videos containing copyright infringing videos, of the 81 million videos TikTok removed in the second quarter of 2021, fewer than 0.5% were copyright related. ” As a platform, TikTok is well known for its viral dances.

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Copyright Social Media Music Copyright Infringement 52

Kluwer Copyright Blog

OCTOBER 3, 2023

The C4 dataset, created by Google in 2020, is taken from the Common Crawl dataset, which is an open-source dataset and “ a massive collection of web pages and websites consisting of petabytes of data collected over twelve (12) years, including raw web page data, metadata extracts, and text extracts ” (§ I.78 76) (see here and here ).

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Fair Use Privacy Copyright Technology 132

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.”

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Copyright Infringement Copyright Intellectual Property Blogging 98

LexBlog IP

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Tiffany created 250 NFTs and put them on the market.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. TL;DR: a copyright takedown notice that doesn’t meet the elements of 512(c)(3) cannot give rise to a 512(f) clam. Alper Automotive v.

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Fair Use Cease and Desist Contracts Ownership 104

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. The rapporteur is very well-known to all copyright enthusiasts – Mr Axel Voss. Photo by Markus Spiske on Unsplash. We reported on this here.

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Copyright Law Copyright Law Reporting 110

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Build your market reputation. Trademarks. Make intangible assets.

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Social Media Intellectual Property Non-Fungible Tokens Music 45

Kluwer Copyright Blog

MARCH 13, 2024

From this constitutional dimension of copyright emerged the notion of ‘user rights’ ( Geiger, 2020 ). Looking forward, it is essential to ensure that legitimate uses expressly foreseen by copyright law are enabled through better access to protected works.

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Copyright Art Licensing Contracts 115

JIPEL Copyright Blog

APRIL 28, 2021

In fact, at the very start of lockdown in March and April 2020, Archive of Our Own (AO3), a very popular fanfiction site, found that their weekly site visits had gone up 60% from the same time the previous year. This is not to say that fanfiction is a new phenomenon, however.

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Derivative Work Fair Use Copyright Marketing 45

LexBlog IP

JUNE 10, 2022

Goldsmith , the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law. The photographer, who had only been aware of one of the 16 images in the series, argued that Warhol had committed copyright infringement. The nature of the copyrighted work. Oracle America, Inc.,

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Fair Use Intellectual Property Copyright Copyright Infringement 52

IIPRD

FEBRUARY 27, 2021

On 12 th February 2021, Taylor Swift re-released one of her most famous songs “Love Story” the reason being as Swift told Good Morning America last August was, “My contract says that starting November 2020 … I can record albums one through five all over again.”. All copies are made from this recording. A Conglomerate.

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Music Branding Brands Branding 40

Kluwer Copyright Blog

NOVEMBER 17, 2021

The BGH ruled that the exclusive right of distribution of the author also included the right to offer the original or copies of the work to the public to purchase and to advertise to the public, in a targeted manner, the purchase of either the original or copies of the work.

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Law Copyright Television Copyright Infringement 52

Kluwer Copyright Blog

JUNE 17, 2021

The CJEU starts by restating its relevant case law on the database sui generis right, mainly Innoweb , The British Horseracing Board and Others , and the Fixtures Marketing cases. [1]. 2] See above British Horseracing Board and Fixtures Marketing decisions. One way or another, it will be interesting. [1] by Tito Rendas. €

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Database Right Law Copyright Law Advertising 52

The IP Law Blog

MARCH 31, 2022

In an effort to market his script, Desny called Billy Wilder, a writer, producer and director at Paramount Pictures. Desny could not get through to Wilder and subsequently stripped his script to the bare facts so that Wilder’s secretary could copy it in short-hand over the phone.

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Contracts Law Artwork Copyright 96

The IPKat

DECEMBER 21, 2021

This review of Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty by Tito Rendas, is brought to you by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales. In April 2020 and February 2021 two substantial new contributions to this debate were published.

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Copyright Law Law Copyright Fair Use 111

Copyright Lately

APRIL 3, 2023

book publishers, rejecting the Internet Archive’s argument that its practice of scanning and lending digital copies of books qualifies as fair use under the Copyright Act. When the electronic version is “checked out,” the physical copy is taken out of circulation. ” What is Controlled Digital Lending?

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Fair Use Copying Publishing Copyright 72

TorrentFreak

APRIL 23, 2024

The organization literally archives key parts of the Internet, copying older versions of websites to preserve them for future generations. The organization doesn’t license authorized digital copies from publishers; instead, its books are scanned and digitized in-house. IA has plenty of other archive projects too.

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Copyright Fair Use Copying Publishing 110

Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

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Fair Use Derivative Work Blogging Licensing 96

Velocity of Content

JULY 14, 2021

In response to these threatening conditions, many RROs are looking to broaden their offerings and to diversify the markets in which they operate. Revenues from the statutory educational license will start to be collected and new voluntary licenses are expected to be launched in the university market. York University.

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Copyright Licensing Marketing Marketing 98

Technology & Marketing Law Blog

MAY 15, 2024

2020), the Second Circuit purported to reaffirm that “the discovery rule applies for statute of limitations purposes in determining when a copyright infringement claim accrues under the Copyright Act.” This Court could clarify that and do good in providing uniform administration of copyright law. at 37 (Scalia, J.,

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Music Blogging Copyright Ownership 96

Kluwer Copyright Blog

JULY 16, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus.

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Blogging Law IP Fair Use 52

SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? You can see his previous posts for us here. In Ashdown v.

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Fair Use Copyright Reporting Licensing 91

Michael Geist

AUGUST 3, 2021

.” The decision removes any doubt that the Supreme Court remains strongly supportive of user’s rights in copyright and vindicates years of educational policy in shifting away from Access Copyright toward alternative means of ensuring compliance with copyright law.

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Copyright Copying Copyright Infringement Licensing 99

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 75, 79 (2020). Aseri (2020) at 80]. ” Aseri (2020) at 70. ’” Dee (2020) at 119-120. society at over $1 trillion annually.

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Intellectual Property Invention Trademark Copyright 52

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.

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Blogging Copyright Settlement Ownership 86

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. It also addresses changes to the German Collecting Societies Act (VGG) and copyright liability of online content sharing service providers.

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Copyright Related Rights Copyright Law Publishing 52

Technology & Marketing Law Blog

MARCH 29, 2023

Prutton admitted to copying and said that his adult daughter had helped him with his website. (A 2020), cert. The fourth factor, impact on the market place, was addressed by Prutton, with the defense that Oppenheimer never licensed the photograph. Screengrabs from October 29, 2019 from the Wayback Machine. ComicMix LLC, 983 F.3d

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Blogging Fair Use Copyright Copyright Notice 97