Patently-O

APRIL 27, 2022

In December 2020, the USPTO put out a request for comments on “The Article of Manufacture Requirement.” (For Last week, at Design Day 2022, the USPTO announced that it had completed its summary of those comments. But projected designs aren’t new. Projected designs are simply not some new, unforeseen concept.

Design Patent 69

Design Patent Designs Design Patent 69

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.

Copyright Law 116

Copyright Law Law Copyright Fair Use 116

Kluwer Copyright Blog

MARCH 13, 2025

Recommender systems nowadays play a crucial role in the online dissemination of (copyrighted) works, and can be defined as fully or partially automated systems used by online platforms to suggest in their interface specific information to recipients of the service or prioritise that information.

Music 52

Music Copyright Law Copyright Designs 52

Plagiarism Today

JANUARY 3, 2022

But that raises the question, with the new year what are just a handful of the major copyright stories on the horizon. While there are far too many for any single list, here are 5 copyright stories that you should definitely watch in 2022. 1: The Copyright Small Claims Court. 3: Copyright and the Takings Clause.

Copyright 279

Copyright Public Domain Registration Social Media 279

Michael Geist

DECEMBER 3, 2024

The claim is sprinkled with the most obvious reason: the Canadian media companies want a settlement that involves OpenAI paying licence fees for the inclusion of their content in its large language models and the lawsuit is designed to kickstart negotiations. This comes directly from scientists at ChatGPT, who published on the issue in 2020.

Settlement 113

Settlement Copyright Licensing Copyright Infringement 113

IIPRD

MARCH 5, 2025

Upon independent and less human intervention by a machine in making the work, one expects a built-in gap in the legal design. This has to do with the application of copyright to works made through AI. Copyright Act regulates the works which are created by humans only.

Copyright 52

Copyright Intellectual Property Copyright Law Artwork 52

Copyright Lately

DECEMBER 29, 2024

Many rulings missed the mark, but these five went the extra mile to secure their spots as the year’s worst copyright disasters. Hello and welcome to Copyright Latelys fifth annual countdown of the years biggest copyright misfires from coast to coast. law in generalapplies only to domestic rights.

Copyright 118

Copyright Social Media Cease and Desist Fair Use 118

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.

Copyright Law 64

Copyright Law Law Copyright Intellectual Property Law 64

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”).

Social Media 52

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.

Designs 75

Designs Design Copyright Design Patent 75

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.

Designs 69

Designs Design Art Marketing 69

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?

Publishing 138

Publishing Copyright Law Reporting Copyright 138

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.

Copyright 124

Copyright Copyright Law Business Intellectual Property 124

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.

Technology 142

Technology Copyright Copyright Law Designs 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.

Copyright Infringement 144

Copyright Infringement Copyright Cease and Desist Social Media 144

Intepat

NOVEMBER 3, 2024

Copyright law serves as a vital mechanism for protecting the rights of creators over their original works. In India, the Copyright Act of 1957 provides the legal framework that governs these rights. The Indian Copyright Act stipulates that the duration of copyright for pseudonymous works is 60 years from the date of publication.

Copyright 52

Copyright Moral Rights Ownership Publishing 52

IPilogue

MARCH 18, 2022

Mr. Harold Thomas, the artist and copyright holder of the Australian Indigenous Flag (“the Flag”) is an Elder of the Indigenous community. He designed the Flag in 1971 as a symbol of Indigenous resilience and representation. Crown Copyright in Other Jurisdictions. The copyright, therefore, vests with the Crown.

Government 119

Government Copyright Ownership Copyright Law 119

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.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

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. §

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

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.

Social Media 109

Social Media Publishing Copyright Law Copyright 109

Barry Sookman

MAY 3, 2020

Neutron – Technology & Marketing Law Blog [link] 2020-04-26 Changes Result in the Alberta Electronic Transactions Act Applying to Employment and Other Records [link] 2020-04-26 Redbox’s Terms of Use Fail (OUCH)-Wilson v.

Privacy 40

Privacy Cease and Desist Technology Copyright 40

IPilogue

DECEMBER 9, 2022

In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of the tattoos. The Court’s Conclusions. Final Call, Inc.,

Fair Use 111

Fair Use Copying Licensing Copyright 111

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.

Copyright 94

Copyright Fair Use Designs Design 94

IPilogue

APRIL 5, 2022

With a SOCAN license, businesses comply with copyright laws and may play songs that are part of SOCAN’s repertoire while supporting the creators of that music. After reading the title you might be wondering, what does the cobra pose have to do with copyrights?

Music 119

Music Copyright IP Contracts 119

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?

Copyright 145

Copyright Settlement Designs Design 145

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.

Social Media 139

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.

Designs 40

Designs Design Copyright Artistic Work 40

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.

Intellectual Property 141

Intellectual Property IP Ownership Law 141

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.

Television 139

Television Copyright Infringement Advertising Advertising 139

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.

Copyright 138

Copyright Government Publishing Music 138

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. .

Copyright Infringement 145

Copyright Infringement Copyright Designs Design 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.

Copyright Infringement 143

Copyright Infringement Copyright Art Artistic Work 143

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.”

Derivative Work 105

Derivative Work Copyright Settlement Reporting 105

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.

Copyright 105

Copyright Derivative Work Artwork Fair Use 105

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.

Copyright 95

Copyright Blogging Fair Use Reporting 95

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?

Intellectual Property 64

Intellectual Property Copyright Law IP Copyright 64

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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Cinema Television Reporting Privacy 104