The IPKat

DECEMBER 1, 2023

It is time to vote for your favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! The IPKat team continues to read and review as many brilliant IP books as possible, of which there are many, for the Kat community.

Social Media 117

Social Media Intellectual Property Intellectual Property Law Related Rights 117

43(B)log

DECEMBER 14, 2023

61, 2023 Abstract To prove copyright infringement, a plaintiff must convince a jury that the defendant copied from the plaintiff’s work rather than independently creating it. Until that knowledge is available, testimony about the probability of copying should be deemed inadmissible under Federal Rule of Evidence 702.

Copying 64

Copying Music Copyright Infringement Art 64

Kluwer Copyright Blog

JANUARY 15, 2024

Photo by Joey Csunyo on Unsplash In recent years, copyright departments in governments around the world have been preoccupied with AI’s effects on copyright industries and, more recently, copyright law challenges created for AI industries. Which copyright issues has the Australian government been grappling with?

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Copyright Government Fair Use Copyright Law 63

Kluwer Copyright Blog

JANUARY 4, 2024

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. With Bulgaria implementing the directive towards the end of 2023, Poland is the last Member State missing.

Copyright Law 68

Copyright Law Law Copyright Reporting 68

TorrentFreak

SEPTEMBER 3, 2024

Copyright holders are not happy with the unauthorized distribution of their content. Rightsholder Targets nHentai California company PCR Distributing is one of the affected copyright holders. Last October, attorneys for the alleged pirate site offered to confidentially settle all copyright infringement claims with PCR.

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Copyright Infringement Copyright Confidentiality Settlement 143

Kluwer Copyright Blog

SEPTEMBER 19, 2023

In Case C-426/21 , the CJEU looked into the complicated relationship between copyright law and online television services. The focus of the case is twofold: the scope of application of the private copy exception, on the one hand, and that of the right of communication to the public, on the other.

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Copyright Law Copying Copyright Law 126

Kluwer Copyright Blog

JUNE 29, 2023

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. You can read the previous round-ups here. You can read the previous round-ups here. You can read a comment on the cases here.

Copyright Law 58

Copyright Law Law Copyright Publishing 58

The IPKat

MAY 12, 2023

The IPKat has received and is pleased to host the following guest contribution by former InternKat James Kwong (Norton Rose Fulbright) on the recent Hong Kong copyright reform, which entered into force a few days ago. Can you find the Kat?

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Copyright Technology Copyright Infringement Music 86

SpicyIP

OCTOBER 9, 2024

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Image from here Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? Tanishka is an advocate at the High Court of MP. billion today, only to grow manifold.

Copyright Law 90

Copyright Law Copyright Fair Use Law 90

43(B)log

MAY 19, 2023

2023 WL 2433970, -- F. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Roblox Corp. 22-cv-04476-SI (N.D.

Copying 94

Copying False Advertising Social Media Advertising 94

IPilogue

MARCH 23, 2023

Professors Giuseppina D’Agostino and David Vaver are seeking JD Research Assistants to assist in intellectual property law research during the 2023 summer term, with a particular emphasis on copyright, with an early May start date. Term May-August 2023, with a possibility of continuing on for the academic year.

Intellectual Property Law 81

Intellectual Property Law Intellectual Property Copying Law 81

TorrentFreak

SEPTEMBER 15, 2023

Majors Publishers File Copyright Complaint Against Libgen According to a copyright lawsuit filed in the U.S. “This collection consists of over 6 million files that include illegal copies of works from a diverse cross-section of the publishing industry. “[T]he Sites undermine the very purpose of U.S.

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Copyright Infringement Publishing Copyright Copying 132

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 115

Copyright Copyright Law Business Intellectual Property 115

The IP Law Blog

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. We’ll start with Andy Warhol Foundation v. Finally, we have Green v.

Copyright 97

Copyright Trademark Fair Use Contracts 97

The IPKat

DECEMBER 15, 2023

This post is the third and final instalment in the “Africa IP Highlights 2023" series of posts highlighting some of the key developments in IP in Africa in 2023. The first 2 posts covered copyright and trade marks. This post is about reforms in IP policy, legislation and administration.

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IP Intellectual Property Copyright Music 81

Plagiarism Today

AUGUST 2, 2022

Back in January, the crypto group Spice DAO (decentralized autonomous organization) made headlines for spending approximately $3 million to acquire a physical copy of the book Jodorowsky’s Dune , a bible for a planned Dune move that would have been made in the 1970s. . The payment beyond excessive.

Copyright 238

Copyright Non-Fungible Tokens Technology Plagiarism 238

The IPKat

AUGUST 30, 2023

Three US cases were brought claiming that the song Thinking Out Loud performed by Ed Sheeran, copied Let’s Get It On performed by Marvin Gaye. As such, the case proceeded to trial in April 2023 in a US Federal Court in Manhattan. These cases have been on-going for approximately 35 cat-years or five human years.

Copyright Infringement 108

Copyright Infringement Music Copyright Copying 108

Kluwer Copyright Blog

SEPTEMBER 18, 2024

Academic integrity and plagiarism issues in this context ultimately also lead us to copyright law. Or do students expose themselves to liability for copyright infringement when using GenAI output? I. GenAI at odds with copyright law? Figure 1 – Microsoft Copilot reproducing an excerpt of a copyright-protected work.

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Copyright Higher Education Copyright Infringement Ownership 122

Kluwer Copyright Blog

MAY 13, 2024

In July 2023, the Court of Appeal in Wright & Ors v BTC Core & Ors [2023] EWCA Civ 868. overturned the High Court decision in which Mr Justice Mellor found that the Bitcoin File Format (the “BFF” ) was not a protectable work in a copyright sense as it did not satisfy the fixation requirement under s.3(2)

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Copyright Copying Law Editing 109

SpicyIP

JULY 31, 2023

Image from here Yesterday, July 31, the Lok Sabha passed the Cinematograph (Amendment) Bill, 2023 , which was earlier passed by the Rajya Sabha on July 27, 2023. Furthermore, the 2023 bill enables aggrieved individuals to pursue action under Section 51 of the Copyright Act 1957 for copyright infringement.

Copying 76

Copying Copyright Television Copyright Infringement 76

Kluwer Copyright Blog

AUGUST 13, 2023

In the US, two class actions were filed against OpenAI , one mainly focused on alleged data breach ( here ) and only based on alleged copyright infringements (here). In the UK the High Court of Justice of England and Wales is dealing with a copyright case between Getty Images (US) Inc. case number IL-2023-000007). and others v.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

43(B)log

MAY 9, 2023

May 8, 2023) The Eleventh Circuit affirmed the core finding that Corellium’s copying of iOS for security research purposes was fair use, but vacated and remanded for further analysis of contributory infringement claims and claims related to the use of the icons, giving Apple another bite at, etc. Corellium, Inc. , 21-12835 (11th Cir.

Copying 98

Copying Fair Use Copyright 98

The IPKat

DECEMBER 28, 2023

Readers are reminded that they can vote for their favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! Votes must be made via email before 15th January 2024 as per the instructions below.

Social Media 56

Social Media Intellectual Property Intellectual Property Law Related Rights 56

TorrentFreak

JANUARY 17, 2024

Acuff-Rose sued members of hip hop group 2 Live Crew, claiming that their track “Pretty Woman” infringed the label’s copyright in the Roy Orbison song, “Oh, Pretty Woman.” When he copied and then rebroadcast the news report, that was copyright infringement. Acuff-Rose Music, Inc.

Copyright 124

Copyright Derivative Work Fair Use Reporting 124

The IP Law Blog

SEPTEMBER 28, 2023

21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. Under the Copyright Act of 1976, a copyright registration creates a rebuttable presumption that the copyright is valid. In JBrick, LLC v.

Public Domain 113

Public Domain Copyright Copying Registration 113

43(B)log

NOVEMBER 27, 2023

Hall, 2023 WL 8103156, No. 21, 2023) Design Gaps produces custom cabinetry for high-end homes; Hall is a former employee of Design Gaps who signed a nonsolicitation/noncompete clause but went to work for a design studio that was part of Design Gaps’ main competition, Peters. Design Gaps, Inc. 3:23-cv-186-MOC (W.D.N.C.

Copying 59

Copying False Advertising Designs Design 59

Technology & Marketing Law Blog

NOVEMBER 21, 2023

This is another preliminary ruling in the copyright battle over generative AI. Copyright law has the capacity to nix the entire generative AI category. Fortunately, Judge Chhabria easily rejects the copyright owners’ overclaims. The post Facebook’s LLaMa Defeats Copyright Claims–Kadrey v. The complaint.

Derivative Work 113

Derivative Work Copyright Copyright Law Copying 113

Copyright Lately

OCTOBER 20, 2024

million in copyright damages against Skiplagged—but the website’s business model remains largely unaffected. Yes, there was a copyright infringement claim in the mix, based on Skiplagged’s use of American’s “flight symbol” logo. This left the copyright claim over the unauthorized use of American’s flight symbol logo.

Copyright 80

Copyright Fair Use Social Media Trademark 80

Technology & Marketing Law Blog

JUNE 27, 2023

Among all of the fruits, bananas play an especially important role in copyright jurisprudence. For example, we must resolve when duct-taping a banana to a wall infringes copyright. The court displayed the respective artworks: Morford sued Cattelan for copyright infringement. Copying-in-Fact. ” Independently (?)

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Copyright Artwork Copying Social Media 98

JD Supra Law

JUNE 6, 2023

The fair use defense to copyright infringement has been remastered by the Supreme Court—at least the first factor. Goldsmith holds that the defense does not apply to commercial copying of an original work if the copy serves the same or highly similar purpose as the original. By: Benesch

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Fair Use Copyright Copying Copyright Infringement 55

BYU Copyright Blog

JUNE 3, 2024

Copyright Copycat? Boyages) filed a Complaint against the University of Vermont and the State Agricultural College (Defendants or the University) alleging copyright infringement under 17 U.S.C. Boyages applied for copyright registration and had her work registered as SophCat. According to Ms. After 11 months, Ms. Even if Ms.

Copyright 52

Copyright Art Social Media Design 52

Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. 2023-6 on August 30, 2023, calling for comments from interested parties addressing dozens of questions. The Office received roughly 10,000 comments on October 30, 2023.

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Copyright Fair Use Copyright Law Copyright Infringement 96

Dear Rich IP Blog

SEPTEMBER 26, 2023

Dear Rich: Does putting "Copyright 2023" at the bottom of page pages protect it from site visitors who download an image or narrative content? Placing a copyright notice on your website is like sticking a "Keep off the grass" sign on your front lawn. Gather evidence of copying. Some who copy may have fair use defenses.

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Copyright Notice Copyright Cease and Desist Copying 59

TorrentFreak

JULY 29, 2024

In layman’s terms, by meddling with the appearance of the publisher’s website in users’ browsers, AdBlock Plus breached Axel Springer’s rights under copyright law. 2 of the Copyright Act. Eyeo dismissed the claim as “almost absurd” and Springer carried on regardless. What Would a Win Look Like?

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Copyright Publishing Copyright Law Privacy 130

The IPKat

OCTOBER 1, 2022

Here’s what Felicia writes: Archival Authenticity or Iconic Copies? It also suggests that copying might have some effect on our understanding of what is and is not iconic. copyright law or European copyright law, most of the designs in the “Ciao, Kim” collection might be hard-pressed to be copyrighted.

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Copying IP Copyright Law Designs 97

Patently-O

SEPTEMBER 1, 2023

by Dennis Crouch Generative Artificial intelligence (GenAI) systems like MidJourney and ChatGPT that can generate creative works have brought a wave of new questions and complexities to copyright law. The Copyright Office’s inquiry is an attempt to respond to AI’s rapidly growing impact on creative industries.

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Copyright Copying Derivative Work Licensing 122

TorrentFreak

JULY 14, 2024

However, a quest by local parents, to raise public awareness of the nature of that instruction, has led to one of their group in Indiana being sued by LifeWise for copyright infringement. Copyright Complaint, Religious Controversy Filed in the Northern District of Indiana (Fort Wayne Division) on July 2, 2024, plaintiff LifeWise Inc.

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Copyright Licensing Fair Use Derivative Work 121