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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LexBlog IP

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Compendium: Chapter 1200, sections 1201-1202. In particular, Section 1213.2

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IP Tech Blog

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

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Designs Design Copyright Design Patent 57

LexBlog IP

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

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Designs Design Copyright Intellectual Property 52

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

APRIL 23, 2023

copyright law. With no copyright experts immediately available on TikTok or Facebook, we turned to the UK’s third pillar of wisdom to get answers the big questions. Following an online hearing on February 3, 2021, Mr Justice Miles rendered his decision at the High Court in London.

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Music Copyright Technology Copyright Law 123

IPilogue

NOVEMBER 11, 2021

For fifty years, the Copyright Society of the USA (CSUSA) has invited numerous esteemed figures to present the annual Donald C. This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very first international speaker from outside the United States.

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IPilogue

NOVEMBER 17, 2021

Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . In September 2021, Indigenous model and activist Quannah Chasinghorse turned heads at the Met Gala wearing a gold cut-out gown by Peter Dundas and traditional Navajo turquoise jewelry. Current State of the Law on Tattoo Designs.

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Ownership Intellectual Property Artwork Copyright Law 103

Plagiarism Today

FEBRUARY 10, 2022

In July 2021, artist Damien Hirst debuted his latest exhibit , a collection of 107 paintings (30 of which were on display) of cherry blossoms. Though he clarified that they were not “direct copies”, he claimed there were similarities in style, color choices and techniques used that were overwhelming to him.

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The IPKat

MARCH 10, 2022

The IPKat's favourite Le Pliage When you have a handbag design bestseller with over 54 million copies sold around the world since its creation in 1993, the question concerning the IP rights vesting in it is not just an academic one. The case concerned Longchamp’s Le Pliage “cult” bag.

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Kluwer Copyright Blog

JUNE 14, 2023

I discussed the risks to human progress of letting machines create cultural and journalistic content in a 2021 post on this blog. Machines are, well, prompt compared to humans–at least once they’ve copied all existing content (for example the copying of tens of thousands of full-length books , without permission or payment).

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Art Music Copying Designs 85

Kluwer Copyright Blog

FEBRUARY 2, 2023

In 2021, OpenAI’s Dall·E was able to create images in response to text prompts, including those combining unrelated concepts (such as “a snail made of harp”), but the results were merely competent in artistic terms. Registration was refused in August 2019, in line with previous US case law and guidance.

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Kluwer Copyright Blog

OCTOBER 3, 2022

Welcome to the third trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. The implementation of the CDSM Directive is still far from over, despite the fact that the implementation deadline passed more than a year ago, on 7 June 2021.

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Copyright Law Copyright Law Music 108

Copyright Lately

JANUARY 23, 2024

A first-of-its-kind copyright infringement trial is scheduled to begin today in Los Angeles. Like the tattoo at issue in the case, the lawsuit is poised to leave a lasting impression, not only on copyright law, but the entire multi-billion-dollar tattoo industry. What Will The Jury Need to Decide?

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Social Media Fair Use Copyright Infringement Copying 139

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

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Copying Copyright Law Copyright Social Media 101

SpicyIP

JULY 22, 2023

It states that the current IP regime poses problems in the context of generic computer programs because of the way the algorithms are designed and trained using large data sets. In 2021, the GPAI experts launched GPAI IP Primer v1 , which was followed by the IP Primer v2 in 2022. IP finds mention under Innovation and Commercialisation.

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IP Intellectual Property Reporting Government 91

Kluwer Copyright Blog

MARCH 14, 2024

Part I covers decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. Part II will focus on copyright contract law and claims under copyright law. I. Copyright protection 1. The “free use” Section 24 UrhG (old version) was removed.

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Law Music Copyright Art 59

Patently-O

APRIL 6, 2023

1183 (2021). In that case, the Court found that Google’s use of Java API naming conventions in its Android operating system was fair use under copyright law. Because its fair use decision decided the case, the court did not rule separately on whether the API was even copyrightable in the first place.

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Copyright Copying Copyright Infringement Fair Use 56

LexBlog IP

SEPTEMBER 24, 2021

.” This is exactly what happened to Jaguar Land Rover in its claim against Land Wind (Jiangling Motors) in China for copying of Jaguar Land Rover’s car design. After their patent battle from 2014 to [2019], the design patents of Jaguar Land Rover and Land Wind for their off-road vehicles were invalidated by each other.

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IP Intellectual Property Design Patent Copyright Infringement 52

The IPKat

DECEMBER 2, 2022

The model does not contain any copies of works. Unfair competition and trade secrets protection were never designed to address ownership issues. More generally, why copyright law cannot provide the solution is the topic for a separate post. 2021/41/N/HS5/02726. The author believes that the answer to is "no."

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Copyright Related Rights Intellectual Property Law Intellectual Property 145

TorrentFreak

FEBRUARY 28, 2022

Late September 2021, a group of independent movie companies filed a lawsuit against DataCamp, alleging that the CDN company provided services to several VPN providers. As a result, the company was accused of contributory and vicarious copyright infringement alongside calls for an injunction. US Company Sues UK Company Overseas.

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Kluwer Copyright Blog

JULY 7, 2022

Welcome to the second trimester of the 2022 round up of EU copyright law! We started this rubric back in 2021. In this series, we update readers every three months on developments in EU copyright law. This is perhaps one of the most awaited judgemnts in the history of EU copyright law. Stay tuned!

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Copyright Law Copyright Law Publishing 52

The IPKat

DECEMBER 17, 2021

The Plaintiffs also contended that the logos used by the Defendants infringed on their marks and get up since their registered trademark incorporated the words ‘ACAL’ and an image with the map of Africa which the Defendants had copied. This Katpost discussed the case in fuller detail.

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Copyright Lately

APRIL 30, 2021

Nineties grunge-rock band Nirvana, already embroiled in a long-running legal battle against fashion company Marc Jacobs over its “happy face” t-shirt designs , now finds itself on the less happy end of a new copyright infringement lawsuit worthy of Dante’s trip through the underworld. copyright law.

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Public Domain Copyright Copyright Notice Publishing 85

LexBlog IP

DECEMBER 3, 2021

Using Copyright Law to Fight Fakes. Copyright law also provides an avenue of protection for brand owners. The DMCA is best used in cases of a clear-cut obvious case of copying – where the image is identical to and lifted from the mark owner’s website. 13, 2021). [2] 13, 2021). [3]

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Branding Brands Branding Intellectual Property 52

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. 5] Kirsty Phillips et al., 379 (2022). [6]

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Intellectual Property Due Diligence Journalism IP 59

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. More from our authors: Law of Raw Data.

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Law Copyright Television Copyright Infringement 52

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

SpicyIP

NOVEMBER 26, 2023

The defendant stopped appearing since October 7, 2021 and since December 2021, the matter has been proceeded ex-parte followed by issuance of bailable warrants against the defendants. Julian Sancton filed a class action lawsuit against Microsoft and OpenAI alleging copyright infringement. Eicore Technologies Pvt.

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Trademark Registration Invention Social Media 59

Copyright Lately

DECEMBER 4, 2023

copyright actually did expire in 1987, but one year later, the British Parliament introduced a unique exception to the Copyright Designs and Patents Act of 1988 in favor of the Great Ormond Street Hospital for Children. a copyright that will never fully grow up. Well, the U.K.

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Public Domain Music Copyright Publishing 117

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

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Copying Copyright Law Copyright Editing 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

With respect to copyright, the court says: “Plaintiffs do not rely on copyright protection for their websites in pleading their claim…Plaintiffs are not asserting infringement of any right to the reproduction, performance, distribution, or display of their websites. ” Wait, what? Google LLC , 5:20-cv-04700 (N.D.

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Licensing Copyright Contracts Advertising 90

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.

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Copyright Copyright Law Fair Use Law 134

Technology & Marketing Law Blog

JUNE 11, 2022

26, 2021). Apparently the “de minimis” defense to copyright infringement doesn’t exist at all in the 9th Circuit. Apple also seeks summary judgment on whether it can be held liable for copyright infringement for “making available”—as opposed to actually selling—the compositions. * Hebenstreit v.

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Copyright Copying Copyright Infringement Copyright Law 113

Plagiarism Today

JANUARY 3, 2022

A new year is upon us and, while 2021 proved that a new year doesn’t mean a fresh start, it is still an opportunity to both reflect on the past and look ahead. To that end, 2022 is looking to be a major year for copyright in a myriad of ways. 3: Copyright and the Takings Clause. Milne turn copyright free.

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Copyright Public Domain Registration Social Media 257

The IPKat

MARCH 3, 2022

Left: PARIS BAR (2021) by Johanna Dumet Right: Paris Bar by Daniel Richter PHOTO BY GERMAN PALOMEQUE Whereas these versions bear more or less noticeable differences (in style, colour grading or the depicted paintings that hang from the depicted wall) there is one subsequent version that is not at all different from “Paris Bar, Version 1”.

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Copyright Art Copyright Law Graphic Design 97

Kluwer Copyright Blog

MARCH 16, 2022

Running from 29 October 2021 to 7 January 2022, the “ Artificial Intelligence and IP: copyright and patents ” consultation formed the latest round in an ongoing national conversation between the UK Intellectual Property Office ( UKIPO ) and interested stakeholders (see here ). The existing TDM exceptions under UK copyright law.

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Licensing IP Intellectual Property Intellectual Property Law 91