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EU copyright law round up – fourth trimester of 2023

Kluwer Copyright Blog

Welcome to the fourth (and last) round up of EU copyright law for 2023! In this edition, we update you on what has happened in the last three months of 2024 in EU copyright law. Photo by Markus Spiske on Unsplash Dear readers, Happy new year! The end of the year was busy for both the courts and the policy makers.

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Amicus of copyright law professors in Warhol Foundation v. Goldsmith

43(B)log

1183 (2021), that an inquiry into whether a work is a fair use requires evaluation of whether a second work has a different message, meaning, or purpose. The existence of that audience further bears on the market effect factor because it shows that the accused and accusing works are not pure substitutes. This Court held in Campbell v.

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Copy and Paste – Supreme Court Holds Copying Software Function Calls Was Fair Use

TraskBritt Intellectual Property

Supreme Court issued a decision in litigation involving Google’s Android operating system for mobile devices on April 5, 2021. When developing Android, Google had copied the text and format of function calls from Oracle’s Java SE Application Programming Interface (API). 18-956, 2021 U.S. In Google LLC v.

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Prof. Avichal Bhatnagar v. The CEO, Pralek Prakashan Pvt. Ltd : Taking a Look at The Conundrum Surrounding Copyright Protection vis-a-vis Accessibility for PwDs

SpicyIP

On a broad reading, there seems to be an obvious conflict of two areas of law, where the RPwD Act mandates fundamental access to all content but the Copyright Act grants the author the right to control how their works are copied.

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The Bizarre Career of Damien Hirst

Plagiarism Today

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. Bottom Line.

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Copyright, Upcycling, and the Human Right to Environmental Protection

Kluwer Copyright Blog

Copyright exhaustion At first sight, the doctrine of copyright exhaustion would seem to provide an immediate shelter to such upcycling practices given their focus on repurposing of the old items that had previously been already placed on the market with the copyright holder’s consent, and not the creation of new, unauthorized items.

Copyright 116
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Amicus in Apple v. Corellium

43(B)log

Summary of argument: The constitutional goal of copyright protection is to “promote the progress of science and useful arts,” Art. 8, and the first copyright law was “an act for the encouragement of learning,” Cambridge University Press v. It is that functionality, and not the copying, to which Apple truly objects.