Kluwer Copyright Blog

MARCH 11, 2024

Although the lower courts are still bound by the decisions of the higher courts and their precedents set in light of EU law, they may refer the points of law to certain higher courts under section 6A. REULA’s influence on copyright law Although EU law had a strong influence on the UK copyright law, the two were never properly aligned.

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JIPEL Copyright Blog

APRIL 26, 2021

How does an influencer and fashion designer become so despised? In this case, via alleged copyright infringement. Nordstrom removed the pieces at issue, and everything seemed to be fine on the copying front—until 2020 hit. Danielle Bernstein is a 28-year-old New York City influencer and founder of the brand We Wore What (“WWW”).

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Social Media Copying Branding Brands 52

Patently-O

NOVEMBER 21, 2021

Mennell, Koret Professor of Law; Director, Berkeley Center for Law & Technology; Faculty Director, Berkeley Judicial Institute; University of California at Berkeley School of Law, and Ella Corren, University of California at Berkeley School of Law, J.S.D.

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Design Designs Copyright Design Patent 75

TorrentFreak

JANUARY 31, 2022

According to Asahi, since 2020 the publishers have been asking Cloudflare to stop “delivering” pirated content from unlicensed sites but under US copyright law, that was unsuccessful. Will Targeting Cloudflare in Japan Bear Fruit?

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The IPKat

MAY 8, 2022

Here's what Hanne writes: Second time is a charm: Danish design company wins plant box war by Hanne Kirk On 22 April 2022, the Danish Eastern High Court handed down its decision in yet another dispute concerning applied art and the question of originality and infringement under copyright law. Wolly & Co.

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TorrentFreak

AUGUST 10, 2021

. “Contrary to Defendants’ allegations, Yout’s software platform is not designed to descramble, decrypt, avoid, bypass, remove, deactivate, or impair the YouTube rolling cipher technology,” Yout’s complaint read. RIAA’s Motion to Dismiss, Yout’s Response.

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Technology Copyright Copyright Law Design 142

TorrentFreak

OCTOBER 5, 2021

Over the years DISH has filed large numbers of civil lawsuits, some based on copyright law and others the Federal Communications Act. DISH Files Copyright Infringement Lawsuit Against IPTV Provider. Together they were accused of direct and contributory copyright infringement. DISH Identifies Universe IPTV Operators.

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Kluwer Copyright Blog

MAY 30, 2024

However, copyright protection may unexpectedly clash with this sustainable practice, as certain upcycled items could include copyrighted prints, ornaments, or design patterns from the original materials, such as new clothing items made out of old bed sheets, curtains, or tablecloths , or jewellery made from broken porcelain.

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IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. The purpose of copyrights is to protect creative works, including writings, from infringement. It has been debated whether NFTs/DC could be protected in China by design patents.

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IP Ownership Non-Fungible Tokens Copyright Law 109

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. Just a day after the complaint was filed, a Washington court issued a temporary restraining order designed to cripple Kiss Library.

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Social Media Publishing Copyright Law Copyright 110

Technology & Marketing Law Blog

MAY 17, 2024

But it won on a different and, in many respects, much broader legal theory: conflict preemption with copyright law. A Brief Recap on Contract Preemption To appreciate the significance of this opinion, let’s revisit the law of copyright preemption. The Copyright Act includes an express preemption clause, 17 U.S.C. §

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Blogging Contracts Fair Use Copyright Law 130

TorrentFreak

AUGUST 24, 2022

A closed and less public ecosystem is generally considered a plus for security but when any site becomes a target for determined law enforcement, all bets are off. In October 2020, when Denmark-based private tracker DanishBits shut down , that was just the beginning. Is this the kind of claim that may appear in future cases?

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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.

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TorrentFreak

FEBRUARY 9, 2022

Whatever that advice was, anyone with even a basic understanding of copyright law in the United States could see otherwise. One of the interesting aspects of the case against Carrasquillo is that at the time of his offenses, rightsholders were pushing extremely hard to plug a perceived loophole in copyright law.

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Social Media Copyright Copyright Law Copying 139

LexBlog IP

MAY 18, 2022

” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law.

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The IPKat

NOVEMBER 4, 2021

Firstly, in footnote 1 the author, Phoebe Li, lets us know that all online resources were last accessed on 30 May 2020. Mazziotti examines recent examples, including the EU’s attempt to regulate online platforms and the US music copyright law reform to demonstrate his points.

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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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TorrentFreak

DECEMBER 30, 2022

Over the past five years the Australian Government has committed significant resources to several copyright-related initiatives , not least the Copyright Amendment (Online Infringement) Act 2018. Copyright Enforcement Review & Consultation.

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TorrentFreak

AUGUST 8, 2022

The broadcaster claimed that IPTV providers Banjo TV, Bollywood IPTV, Comstar TV, Express IPTV, Gennie TV, Gold TV, IPGuys, Istar, Red IPTV, Sky IPTV, and Zumm TV, used DataCamp services that were designed with IPTV/OTT delivery in mind. “DataPacket has no access, let alone involvement, with the software those subscribers install. .

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Copyright Infringement Copyright Design Designs 145

The IPKat

JUNE 17, 2023

Interestingly enough, there was no need to discuss if Morford’s work would be protectable at the outset also because the plaintiff had managed to register his work with the US Copyright Office in 2020. The notion of ‘substantial taking’ should not be intended in a quantitative sense.

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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).

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The IPKat

MARCH 16, 2024

A prototype and the stool were registered as designs on 5 November 1968 and 8 September 1983. Stamp sued La Foir'fouille and FF Digitale for copyright infringement before the Tribunal de Grande Instance of Lyon. The Court of Appeal first examined whether the stool was protectable under copyright law.

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Copyright Art Copyright Infringement Intellectual Property 70

Kluwer Copyright Blog

JANUARY 9, 2023

The proposal is the second major element of the European Data Strategy presented in 2020 and complements the Data Governance Act that is expected to be formally adopted this spring. AI Music Outputs: Challenges to the Copyright Legal Framework – Part I by Oleksandr Bulayenko , João Pedro Quintais , Joost Poort and Daniel Gervais.

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Copyright Lately

AUGUST 10, 2021

Last year, I wrote about an epic copyright battle between the Philadelphia Phillies and the original creators of the Phillie Phanatic over ownership rights in the beloved baseball mascot. H/E), a creative design firm, which in 1984 assigned the copyright in the mascot for a term of “forever.”

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Derivative Work Copyright Settlement Reporting 101

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. In December 2020, EleutherAI introduced this dataset in a paper called “ The Pile: An 800GB Dataset of Diverse Text for Language Modeling ” ( here ).

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Derivative Work Copyright Infringement Copying Copyright 131

The IPKat

OCTOBER 7, 2024

European Copyright Legislation – Quo Vadis? (21 21 October 2024) Over 30 years have passed since the efforts to harmonize European copyright law began. Should European copyright law be unified through a regulation? If that’s not feasible, should the Court's case law at least be codified?

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Intellectual Property Copyright Law IP Copyright 62

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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IP and Legal Filings

FEBRUARY 8, 2023

Under the Indian Copyright Act , such works are classified as “computer generated works”. Copyright law grants authorship to the “person who causes the work to be created” for such works. Indian Copyright Registration The Indian Copyright Office is similarly confused how to handle such requests.

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Patently-O

AUGUST 22, 2022

And, once a patent expires (or is refused or forfeited by public use), the balance allows “free access to copy whatever the federal patent and copyright laws leave in the public domain.” ” Compco Corp. Day–Brite Lighting, Inc. , 234 (1964). Bonito Boats. ” In re Jackson , 972 F.3d 3d 25 (2d Cir.

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Patent Law Law Patent Invention 91

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. While these sorts of objects typically aren’t themselves eligible for copyright protection, they often contain pictures or designs which are protectable.

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Copyright Derivative Work Artwork Fair Use 96

Kluwer Copyright Blog

JUNE 14, 2023

As teachers, we must encourage the use of LLMs, lest we be considered so 2020, or worse. This gets dangerously close to owning the underlying idea, and thus goes against a fundamental principle of international copyright law. The relevant case law on originality “transfers” is scant. LLMs are everywhere.

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Art Music Copying Design 88

Kashishipr

JUNE 23, 2021

The digital universe is so large that it is said that big data is doubling in size every two years, and by the end of 2020, it is expected to reach 44 zettabytes. ” Therefore, the domain of big data cannot escape the interplay of IP laws in its administration and protection against third parties. .”

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Intellectual Property Invention IP Copyright 98

LexBlog IP

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. Copyright Office. Understanding Mask Work.

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CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.” says the author.

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Velocity of Content

NOVEMBER 11, 2021

By the way, the United States Copyright Office has begun a study of whether and, if so, how such a right might be legislated and implemented here. State Sovereign Immunity Report Released by US Copyright Office. EU copyright law round up – third trimester of 2021. H&M Hennes & Mauritz, LP. Other Stories.

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Copyright Publishing Reporting Copyright Infringement 98

Kluwer Copyright Blog

JUNE 9, 2022

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. The first part of this post briefly discussed the concept of bias and examined the role of property rights in data and factual information, with a focus on copyright.

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Technology Marketing Marketing Copyright 96

Patently-O

NOVEMBER 21, 2023

By Sarah Burstein, Professor of Law at Suffolk University Law School USPTO Notice, 88 FR 80277 (Nov. In it, the USPTO reaffirmed its prior interpretation of the phrase “design for an article of manufacture” and did not—as many had hoped—expand its interpretation of that phrase. 11380, 11381–82.

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