Kluwer Copyright Blog

MARCH 13, 2024

This crucial development, which restores copyright as an access right (see Geiger, 2016 ; Efroni, 2010 ) provides a normative foundation to reinforce the societal bargain that creates incentives for authors, but also creates room for downstream creativity and innovation. licenses for specific uses).

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Technology & Marketing Law Blog

AUGUST 12, 2021

Finally, the court says there is a real possibility of market harm to Nicklen’s work: However, the Sinclair Defendants’ use of the copyrighted video, if widespread, would harm the licensing market for Nicklen’s video. But isn’t all of copyright law form over substance? July 30, 2021).

Social Media 140

Social Media Copyright Fair Use Licensing 140

IP Intelligence

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. Andy Warhol Foundation for Visual Arts, Inc. Goldsmith , 11 F.4th

Fair Use 105

Fair Use Licensing Art Music 105

Velocity of Content

JUNE 20, 2022

But there is great excitement in the billion-dollar market for these digital images, which were launched in April 2021 and count singers Justin Bieber and Madonna among their celebrity owners. Fred Simian –the deal included licensing rights, and Green created a television show to feature Fred.

Copyright 52

Copyright Contracts Television Licensing 52

IPilogue

OCTOBER 26, 2021

The decade-long dispute between Google and Oracle over computer code’s copyrightability finally came to an end on April 5, 2021. copyright law. It is arguably, as Stanford law professor Mark Lemley coined it, “ the copyright case of the century. ” . Supreme Court on October 7, 2020. In addition, Breyer J.

Copyright Infringement 111

Copyright Infringement Copyright Fair Use Settlement 111

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] On March 26, 2021, the Second Circuit issued an opinion reversing the district court’s decision. Originals” [7] : The Works at Issue.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

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.

Blogging 97

Blogging Contracts Cease and Desist Social Media 97

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. These rules were introduced in the 2021 amendment to Article 1360 of the Civil Code.

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IP Branding Brands Branding 131

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! We started this rubric in the beginning of 2021. In this series, we update readers every three months on developments in EU copyright law. The end of 2021 has been particularly busy. Photo by Markus Spiske on Unsplash.

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Kluwer Copyright Blog

AUGUST 13, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. Goldsmith, March 26, 2021, Sullivan, R.). Case date: 26 March 2021. Case number: No. 19-2420-cv.

Art 52

Art Fair Use Copyright Copyright Infringement 52

Kluwer Copyright Blog

AUGUST 12, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. Goldsmith, March 26, 2021, Sullivan, R.). Case date: 26 March 2021. Case number: No. 19-2420-cv.

Art 52

Art Fair Use Copyright Copyright Infringement 52

LexBlog IP

MARCH 7, 2022

In fact, some statistics have shown that, in 2021, TikTok overtook Google as the year’s most popular domain. However, as the platform becomes more popular, it opens its doors to a multitude of legal challenges with copyright infringement near the top of the list. .” were copyright related. By: Noelle Henry.

Copyright 52

Copyright Social Media Music Copyright Infringement 52

SpicyIP

JANUARY 12, 2022

Dr VRR Ayyar’s book, “Present at Creation: The Making of Internet Treaties (1996)”, published in 2021. And it’s published under a creative commons license, with the text available on his website here. There is however one stand-out entry that looks like it will be of interest to several of our readers.

Intellectual Property 131

Intellectual Property Publishing Copyright Technology 131

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.”

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

The IPKat

JANUARY 2, 2022

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! Verena von Bomhard (BomhardIP) presented a summary of trade mark cases before the EU Courts in Luxembourg from 2021.

Blogging 124

Blogging IP Non-Fungible Tokens Cease and Desist 124

SpicyIP

JULY 5, 2021

In this guest post , Rounak Doshi discusses the position of law on arbitrability of trademark disputes in light of the Delhi High Court’s recent decision in Golden Tobie Private Ltd. He notes that the Court considered this dispute concerning the breach of a trademark licensing agreement as arbitrable and referred it to arbitration.

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

LexBlog IP

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. ” (S. Goldsmith , 11 F.4th 4th 26, 42 (2d Cir.

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Fair Use Licensing Art Music 52

IPilogue

SEPTEMBER 29, 2021

Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . . On March 26, 2021, the 2nd Circuit Court of Appeals in New York found that the famed artist Andy Warhol violated photographer Lynn Goldsmith’s copyright by using her photo of the singer Prince to create his “Prince Series.”

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

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. We need to know more about this license.

Licensing 90

Licensing Copyright Contracts Advertising 90

Kluwer Copyright Blog

OCTOBER 7, 2021

Welcome to the third trimester of 2021 round up of EU copyright law! In this series we update readers every three months on developments in EU copyright law. This eagerly awaited AG Opinion was published on 15 July 2021. 7 June 2021 marked the deadline to implement the CDSM Directive.

Copyright Law 57

Copyright Law Copyright Law Television 57

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. 10 of 2021, dated May 21, 2021. These classifications are then used, among other things, to establish what business licensing is necessary for a given industry. data retention.

Non-Fungible Tokens 89

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 89

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. Despite using established legal processes in all three countries, by April 2021 DISH was unable to confirm to the court that the defendants had been directly served.

Copyright Infringement 115

Copyright Infringement Copyright Cease and Desist Social Media 115

IP Intelligence

JUNE 6, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. Andy Warhol Foundation for Visual Arts, Inc. Goldsmith , 11 F.4th

Fair Use 40

Fair Use Licensing Art Music 40

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.

Copyright 145

Copyright Art Fair Use Registration 145

TorrentFreak

JUNE 22, 2022

Soon after and in mysterious circumstances, copyright law entered the equation. On October 29, 2020, a business entity called Bayside Advisory LLC contacted Twitter stating that since it owns the copyrights in the six photos, they should be taken down under the DMCA. DMCA Takedowns Followed by DMCA Subpoena.

Fair Use 125

Fair Use Copyright Infringement Copyright Copyright Law 125

Technology & Marketing Law Blog

AUGUST 1, 2023

On the other hand, professional photographers have to make a living by licensing their photos to publishers (and other intermediaries) who are willing to pay them to reproduce and display those photos. 2021); McGucken v. Surely paid licensing should not have to work on an all-or-nothing basis. See Nicklen v.

Blogging 96

Blogging Copying Social Media Copyright 96

Copyright Lately

AUGUST 2, 2022

Produced by Shonda Rhimes’ Shondaland and based on the novels by Julia Quinn, Bridgerton was seen by a then-record 82 million households when the first season premiered on Netflix in early 2021. Fast forward to September 2021 when “The Unofficial Bridgerton Musical” became the top album on iTunes’ U.S.

Music 101

Music Derivative Work Fair Use Cease and Desist 101

Technology & Marketing Law Blog

JANUARY 3, 2023

It could be copyright infringement to continue serving photos from servers after the license expired. From the Copyright Office : The Copyright Office “does not recommend adopting additional copyright-like rights for press publishers in the United States. Vidal, 2021-2347 (Fed. Verizon Media, Inc.,

Copyright 95

Copyright Social Media Copyright Infringement Publishing 95

JIPL Online

MARCH 19, 2021

Given the disparity in negotiating power between a platform the size of Twitch and individual creators, Twitch is better situated to take on the burdens of negotiating a music licensing solution on behalf of all of the creators who drive traffic to their site. [i]

Music 76

Music Copyright Licensing Fair Use 76

Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. Second, although mere facts and data as such are not protected by copyright, their extraction from protected subject matter (works, non-original databases, etc.) Scenario (2): Open Licenses.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

SpicyIP

JULY 5, 2021

Lokesh is a graduate from School of Law, Nirma University and an incoming LLM Candidate and InfoJustice Fellow at American University Washington College of Law, and has previously written posts for us here and here. The thesis being a public record raises an important query in copyright law with respect to its control by the author.

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

TraskBritt Intellectual Property

APRIL 10, 2021

Supreme Court issued a decision in litigation involving Google’s Android operating system for mobile devices on April 5, 2021. 18-956, 2021 U.S. LEXIS 1864 (2021), the Supreme Court held that Google’s copying was permissible fair use. In Google LLC v. Software and IP. The Dissent. Conclusion.

Fair Use 40

Fair Use Copying Intellectual Property Copyright 40

IP and Legal Filings

JANUARY 29, 2023

References Lian Cicily Joseph, Modern Developments in Copyright Law and the Governance of E-Sports, 3.2 GSPR (2021) 131 Zhaoxia Deng, Illegal To Play? Re-Examining The Copyright Ownership Of Player Created Content, GNLU L. 22 (2021) Joanna E. & Tech.

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Copyright Ownership Publishing Copyright Infringement 80

The IPKat

FEBRUARY 6, 2022

Thank you to readers for voting in the IPKat book of the year awards, here are your 2021 nominees and winners!

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Intellectual Property Editing Copyright Law Intellectual Property Law 145

IP and Legal Filings

AUGUST 4, 2022

In 2021, the global travel and tourism sector contributed over 5.8 Many nations have been investing in laws and programmes for the growth of travel and tourism because of how lucrative this business is. The assets held by organisations like museums are also shielded by the copyright law. billion USD to the GDP.

Intellectual Property Law 80

Intellectual Property Law Intellectual Property Law Social Media 80

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. Refusing to comply with the injunction may lead to heavy fines and even loss of business license. The First Case in Shenzhen.

Designs 57

Designs Design Copyright Design Patent 57

LexBlog IP

DECEMBER 3, 2021

The counterfeit website went so far as to include the same physical address and business license information for the investment firm. Using Copyright Law to Fight Fakes. Copyright law also provides an avenue of protection for brand owners. 13, 2021). [2] 13, 2021). [3] 15, 2021). [6]

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Branding Brands Branding Intellectual Property 52