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. On 8 September 2022, the CJEU issued its judgment in RTL Television. WIPO, Agreement on diplomatic conference on Design Law Treaty.

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Copyright Law Copyright Law Music 108

Plagiarism Today

JANUARY 5, 2022

On January 1, 2022, works that were first published in the year 1926 lapsed into the public domain. copyright law, works of corporate or pseudonymous authorship lapse into the public domain after either 95 years from first publication or 120 years after creation, whichever ends first. What Actually Happened.

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Public Domain Art Publishing Plagiarism 353

Kluwer Copyright Blog

MARCH 14, 2024

Photo by Christian Wiediger from Unsplash This article continues the tradition of reporting on the copyright case law of the German Bundesgerichtshof, the highest German civil court for copyright matters (Federal Court of Justice – “BGH”). Part II will focus on copyright contract law and claims under copyright law.

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Law Music Copyright Art 59

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

MAY 7, 2023

At least in theory, copyright law in both the United States and Europe should provide adequate protections for intermediaries but if a chink appears in the armor, nothing can stop rightsholders filing a lawsuit. In February 2022, U.S. lawsuit against DataCamp, claiming that it failed to deal with copyright infringing customers.

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Settlement Confidentiality Reporting Copyright Infringement 106

IPilogue

SEPTEMBER 22, 2022

Image Source: Lumen, Over thirty thousand DMCA notices reveal an organized attempt to abuse copyright law. Then, a company called UNFT News copied those articles and published them on their website but post-dated them. Therefore, he temporarily lost his blog by July 15, 2022. DMCA perjury.

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Copyright Blogging Plagiarism Publishing 105

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

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

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir. 3d 723, 743 (9th Cir.

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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. The statement also mentions that the United States supports India’s chairmanship of the 15 member Global Partnership on AI, which India has been chairing since 2022.

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IP Intellectual Property Reporting Government 91

The IPKat

SEPTEMBER 22, 2023

Enforcement of copyright is aptly discussed highlighting the challenges of copyright administration in Nigeria especially with the emergence of new technologies. The authors noted that the need to amend the Copyright Act was necessitated by the digitalization of copying and sharing of data which inevitably impacts on copyright law.

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Intellectual Property Law Intellectual Property Law IP 79

43(B)log

JULY 20, 2022

Stubenrauch, 2022 WL 2793579, No. 15, 2022) The parties in this case are former business associates, which is one reason there are so many different claims. This text contained “some creative elements that are plausibly entitled to protection, such that outright copying would be prohibited.” 3:21-cv-00545 (M.D. 1” therein.

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False Advertising Ownership Registration Designs 72

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

Kluwer Copyright Blog

JULY 7, 2022

Welcome to the second 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. This is perhaps one of the most awaited judgemnts in the history of EU copyright law. Photo by Markus Spiske on Unsplash.

Copyright Law 52

Copyright Law Copyright Law Publishing 52

Patently-O

APRIL 6, 2023

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. Oracle America, Inc. ,

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Copyright Copying Copyright Infringement Fair Use 56

LexBlog IP

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 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Copyright Lately

APRIL 6, 2024

A California federal judge has permanently grounded a copyright infringement lawsuit filed by the heirs of Ehud Yonay, the writer whose 1983 article in California Magazine inspired the original Top Gun film. After Judge Anderson allowed the Yonay case to proceed past the pleading stage , the parties designated dueling experts.

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Copyright Copyright Infringement Social Media Licensing 89

Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. What is copyright protection? In the context of the Copyright Act, computer software is categorized as a ‘literary work’.

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Copyright Intellectual Property Ownership Intellectual Property Law 52

Kluwer Copyright Blog

MARCH 19, 2024

Background Wali’s predicament started on July 2, 2022, when Kurasov wrote on his personal Facebook page: “My paintings were used in Cairo subway without my permission and even mentioning my name! Defense counsel corroborated these arguments with detailed and technical explanations presented to the court.

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Art Plagiarism Artwork Graphic Design 54

Kluwer Copyright Blog

MARCH 19, 2024

Background Wali’s predicament started on July 2, 2022, when Kurasov wrote on his personal Facebook page: “My paintings were used in Cairo subway without my permission and even mentioning my name! Defense counsel corroborated these arguments with detailed and technical explanations presented to the court.

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Art Plagiarism Artwork Graphic Design 52

Plagiarism Today

JANUARY 3, 2022

To that end, 2022 is looking to be a major year for copyright in a myriad of ways. But that raises the question, with the new year what are just a handful of the major copyright stories on the horizon. But that raises the question, with the new year what are just a handful of the major copyright stories on the horizon.

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Copyright Public Domain Registration Social Media 257

Kluwer Copyright Blog

JULY 11, 2022

The Intellectual Property Enterprise Court (IPEC), part of the English High Court, has ruled that copyright subsists in the character of Derek ‘Del Boy’ Trotter and that a character can be protected as a literary work under the UK’s closed list of copyright works ([ 2022] EWHC 1379 IPEC ). The Infringement. The Defences.

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Copyright Infringement Copyright Music Intellectual Property 108

LexBlog IP

FEBRUARY 29, 2024

Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. The law gives copyright owners a monopoly to exploit and monetize creative works. For those who thought AI was a problem, cryogenics could really wreak havoc with IP law.

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Public Domain Intellectual Property Copyright Trademark 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. 379 (2022). 379 (2022). [6] 379 (2022). [6]

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Intellectual Property Due Diligence Journalism IP 59

The IPKat

FEBRUARY 3, 2023

Within days, stock image supplier Getty Images announced that it was one of the “folks” who disagreed – and disagreed so strongly that it had commenced legal proceedings in the High Court in London alleging copyright infringement. What is AI image generation software?

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Litigation Copying Copyright Designs 143

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

Copyright Lately

OCTOBER 3, 2022

Because Alexander didn’t register copyrights in her tattoo designs until shortly before filing her complaint in 2018 (long after the claimed infringement first occurred), she’s not entitled to seek recovery of her attorneys’ fees under the Copyright Act. Skull arm design. Bible verse design.

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Fair Use Designs Design Licensing 81

Technology & Marketing Law Blog

JUNE 11, 2022

Apparently the “de minimis” defense to copyright infringement doesn’t exist at all in the 9th Circuit. March 21, 2022). 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.

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Copyright Copying Copyright Infringement Copyright Law 113

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

43(B)log

JANUARY 13, 2023

Wolf Designs LLC v. Five 18 Designs LLC, F.Supp.3d 3d -, 2022 WL 10551564, No. 18, 2022) Wolf designs and installs “vehicle wraps,” large vinyl graphics or decals applied to car bodies. Copyright: Three of Wolf’s customers allegedly opted to hire Five 18 to install vehicle wraps featuring designs Wolf owned.

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Kluwer Copyright Blog

AUGUST 24, 2022

As previously reported , between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents). The consultation closed in the beginning of January 2022.

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Government Intellectual Property Licensing Copyright 93

Technology & Marketing Law Blog

MARCH 29, 2023

Michael Flores, representing himself, filed a claim for misrepresentation under Section 512(f) on June 28, 2022, twelve days after the CCB began. Flores sent a DMCA 512(g) counter-notice on June 27, 2022, and filed with the CCB the next day. The respondent did not opt out and the opt out period ended on October 24, 2022.

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Blogging Fair Use Copyright Copyright Notice 97

The IPKat

MARCH 3, 2022

Paris Bar (Variante 3) The legal issue The relationship between art, artists and their “helping hands” is one that goes down to the very roots of copyright law, and the beginning of art itself. However, given our case´s German context, we should turn to German law for answers. But who is the actual “creator” of the work?

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Copyright Art Copyright Law Graphic Design 97

Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Copyright How would you define copyright? The word ‘copyright’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. So what kind of works, provided they meet the requirement, qualify for copyright protection? In Alexander v.

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Copyright Artistic Work Copyright Infringement Ownership 52

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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Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Copyright How would you define copyright? The word ‘ copyright ’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. So what kind of works, provided they meet the requirement, qualify for copyright protection? In Alexander v.

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Artistic Work Ownership Copyright Infringement Copyright 52