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. Specifically, the Austrian law were found to violate the country-of-origin principle in Article 3 of the Directive.

Copyright Law 69

Copyright Law Law Copyright Reporting 69

The IPKat

JUNE 17, 2023

The one above is the question that a Florida judge (Robert N Scola, Jr) answered just a few days ago (Case 1:21-cv-20039-RNS) after fellow artist Joe Morford had gone – quite literally – bananas and sued Cattelan for copyright infringement.

Copyright Infringement 143

Copyright Infringement Copyright Art Artistic Work 143

Copyright Lately

MARCH 6, 2022

Just days after Dua Lipa was sued by a Florida reggae band, “Levitating” is the target of a second copyright infringement lawsuit, this time over the songs “Wiggle and Giggle All Night” and “Don Diablo.” ” Any moderately successful songwriter can be sued for copyright infringement.

Copyright Infringement 86

Copyright Infringement Copyright Music Social Media 86

Kluwer Copyright Blog

JULY 19, 2023

It is not the first time that the French courts have ruled that fonts may be protected by copyright (e.g. In 2020, the creator of Le Monde newspaper’s font, together with the company he founded, brought a copyright infringement case against Google and the company that created the ‘Spectral’ font.

Copying 52

Copying Copyright Infringement Copyright Law Copyright 52

IP and Legal Filings

APRIL 19, 2022

It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Copyright infringement cases on the internet have increased because the internet has become more widely available. Legal Framework governing take down notice.

Copyright Law 74

Copyright Law Copyright Law Copyright Infringement 74

SpicyIP

JANUARY 3, 2024

Shivam is a 2020 law graduate from Benaras Hindu University and is a former law researcher at the Delhi High Court. AI Image generated by Shivam, using Gencraft Copyright Bill, 1955: the Best Copyright Law that India Never Had By Shivam Kaushik Seen from Nehru’s eyes , Indian independence was a ‘tryst’ with destiny.

Copyright Law 69

Copyright Law Copyright Law Registration 69

IP and Legal Filings

SEPTEMBER 29, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

IP and Legal Filings

JANUARY 13, 2023

Copyright infringement and De Minimis are often replaced to complement each other. However, de minimis is sometimes used as a defence in a copyright lawsuit. More often than not, the lawsuits filed for copyright infringement are cases of de minimis and thereto, get dismissed on the anvil of frivolity. INTRODUCTION.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

Kluwer Copyright Blog

MAY 30, 2024

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

Copyright Copyright Law Business Intellectual Property 116

Copyright Lately

OCTOBER 24, 2022

.” I was barely out of law school when a senior partner muttered those words as he handed me a scathing demand letter sent to one of the firm’s commercial director clients. This was the late ’90s, and the entertainment industry was still reeling from a well-publicized copyright infringement lawsuit involving the movie 12 Monkeys.

Artwork 89

Artwork Copyright Infringement Copyright Art 89

IP and Legal Filings

AUGUST 14, 2023

Copyright is a more complicated problem. Per Article 5(2) of the Berne Convention [9] , copyright is established without the need for any further procedures. This contradiction can be seen in Article 8. This article talks about infringement of Unitary Community IPR. Which law to choose then?

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

IP and Legal Filings

OCTOBER 4, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

Copyright Law 52

Copyright Law Copyright Law Fair Use 52

Velocity of Content

JANUARY 9, 2024

Ignoring Copyright is Risky Business Research in the life sciences depends in part on the ability to acquire and share scientific information, particularly journal articles, in a timely manner. When an article is purchased for download, it is typically only authorized for the use of the individual user who purchased it.

Copyright 98

Copyright Journalism Licensing Copyright Infringement 98

The IPKat

APRIL 15, 2024

The defendant, a local law firm, subsequently copied the Image and used it on its own website (presumably, to prove a point?). The claimant brought this action for copyright infringement against the defendant, alleging that it was the author of the Image, and seeking injunctive relief. Show only hands. ”

Copyright 145

Copyright Copying Copyright Infringement Contracts 145

Kluwer Copyright Blog

JULY 11, 2022

That copyright was found to have been infringed by the creators of an ‘interactive dining experience’ which used Del Boy and the other main characters from ‘Only Fools and Horses’, one of the most successful British TV comedies of the 1980s and 1990s. The Infringement. The Defences. Passing Off.

Copyright Infringement 111

Copyright Infringement Copyright Music Intellectual Property 111

Velocity of Content

JANUARY 25, 2024

This article originally appeared in IPWatchdog and is re-published with permission. “Is Is offshoring the training of AI a credible and efficient response to minimize copyright compliance risks or is offshoring merely a theoretical argument designed to both influence lawmakers and for government relations purposes?”

Copyright 98

Copyright Copyright Law Copyright Infringement Government 98

IP Watchdog

AUGUST 31, 2023

District Court for the Northern District of Illinois dismissed a copyright infringement lawsuit filed against the rapper and singer, Future. A Virigina-based rapper, Gutta, accused the rap star of copying his song “When U Think About It” when Future released “When I Think About It” on a 2018 mixtape. copyright law.

Copyright 70

Copyright Copyright Infringement Copyright Law Copying 70

TorrentFreak

APRIL 10, 2024

In a complaint filed at a Nashville federal court last spring , Universal Music, Sony Music, EMI and others, accused X Corp of “breeding” mass copyright infringement. The attempt was partially successful; last month, the court dismissed the music companies’ direct and vicarious copyright infringement claims.

Music 98

Music Copyright Infringement Social Media Copyright 98

TorrentFreak

MAY 17, 2022

Even if rightsholders could obtain the IP address or even a name of an alleged streaming pirate, they would have to prove that the person in question is actually engaged in copyright infringement. Not Clear Whether Streaming is Infringing. This is also what James Gibson , Professor of Law at Richmond University, hinted at.

Copyright Infringement 133

Copyright Infringement Copying Copyright Law Copyright 133

Kluwer Copyright Blog

NOVEMBER 16, 2023

Photo by Udo Pohlmann via Pixabay Over the last decades, European lawyers got used to the – at times remarkable and even forceful – interventions of the Court of Justice of the EU (CJEU) in copyright law. He sues for copyright infringement and claims damages. In this debate, Article 6(2) WCT was often invoked.

Copyright 89

Copyright Copying Copyright Law Marketing 89

IP and Legal Filings

SEPTEMBER 20, 2023

However, many a times, we witness these designs being copied or recreated. Copying designs as well as creating replicas of any sort which closely resemble the general composition or the original blueprint infringes the right of the creator. To counter this issue laws are placed so that the original ideas can be protected.

Designs 93

Designs Design Copyright Copyright Infringement 93

TorrentFreak

APRIL 7, 2024

Aside from addressing copyright infringements in an automated fashion, the Content ID system brings in billions of dollars in revenue. Many rightsholders choose to monetize copyright-infringing videos instead of taking them down, which can be quite lucrative. This approach was initially controversial but not anymore.

Copying 93

Copying Copyright Infringement Fair Use Social Media 93

Copyright Lately

APRIL 6, 2024

A federal court has shot down a copyright infringement lawsuit claiming that Top Gun: Maverick flew too close to a 1983 magazine article that inspired the original film. The plaintiffs enlisted writer and professor Henry Bean to opine on the similarities between Yonay’s article and the sequel film.

Copyright 90

Copyright Copyright Infringement Social Media Licensing 90

The IPKat

MARCH 13, 2022

Kat- quotation There is little doubt that one of the most (if not the most) significant exceptions in copyright law is the one relating to quotation, criticism or review. All this is testimony to the importance of this copyright exception. All this is testimony to the importance of this copyright exception.

Copyright Law 102

Copyright Law Copyright Law Artwork 102

IP and Legal Filings

OCTOBER 23, 2021

Technology and copyright law. Copyright laws play a crucial role in protecting creative expressions such as literary works, artistic works and musical works. Through copyright enforcement, an exclusive right is granted to creators. International efforts to curb copyright infringement in the digital space.

Copyright 80

Copyright Copyright Law Technology Artistic Work 80

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The courts need to understand the degree to which such usage may harm the work or decrease the profits for the owner of the copyright. Today, this doctrine has become one of most popular doctrines in the realm of copyright law. It allows people a positive defense against the infringement of copyright. Definition.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

SpicyIP

JUNE 26, 2024

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.

Copyright 81

Copyright Copying Publishing Cinema 81

IPilogue

JUNE 13, 2022

Nikita Munjal is an IP Innovation Clinic Fellow and a third-year JD/MBA Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Artists in the digital space have always been vulnerable to the unauthorized distribution, copying, and sale of their work.

Non-Fungible Tokens 125

Non-Fungible Tokens Art Due Diligence Social Media 125

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. LAW AND ECONOMICS. Costs Versus Benefits of Copyright Protection. 29, 2013), [link]. [ii] 277 (2020). [iv]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

The IPKat

JANUARY 17, 2024

The book that is going to change copyright law? After the referrals in Mio [IPKat here and here ] and USM Haller [IPKat here ] , another referral asking about the meaning of originality in EU copyright law has been made to the Court of Justice of the European Union (CJEU): it is the referral from Romania in Institutul G.

Derivative Work 136

Derivative Work Editing Copyright Music 136

IPilogue

OCTOBER 28, 2021

In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. Copyright Office.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

The IP Law Blog

AUGUST 4, 2022

Embedding” means the process of copying unique HTML code assigned to the location of a digital copy of the photo or video published to the Internet, and the insertion of that code into a target webpage or social media post so that photo or video is linked for display within the target post. Alexis Hunley et al v. In September, U.S.

Copyright Infringement 98

Copyright Infringement Social Media Licensing Publishing 98

IPilogue

DECEMBER 20, 2021

While most creators support fandoms, with some even regularly appearing at fan conventions , the line between appreciating a creator’s work and copying can be blurred. What may seem like a harmless activity in the spirit of fandom can at times give rise to copyright infringement. .

Copyright 122

Copyright Television Copyright Infringement Derivative Work 122

TorrentFreak

DECEMBER 22, 2023

Publishers Hachette, HarperCollins, John Wiley, and Penguin Random House filed a lawsuit, equating IA’s controlled digital lending (CDL) operation to copyright infringement. Earlier this year a New York Federal court concluded that the library is indeed liable for copyright infringement.

Copyright 119

Copyright Fair Use Publishing Marketing 119

Intepat

JANUARY 8, 2024

student from University of Petroleum and Energy Studies, Dehradun Introduction The New York Times, one of the most respected news organizations, has taken legal action against OpenAI and Microsoft, accusing them of using their articles without authorisation to train their powerful AI models, including the widely used ChatGPT.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

TorrentFreak

FEBRUARY 17, 2023

On one hand, unauthorized mass copying and distribution of movies, TV shows, and music is widely recognized as copyright infringement. When scientific papers and academic articles enter the equation, the ground suddenly starts to shift. In Sci-Hub’s case, the clock has already been running for more than two years.

Publishing 126

Publishing Ownership Copyright Copying 126

TorrentFreak

OCTOBER 3, 2023

Department of Justice targeted popular shadow library Z-Library, accusing it of mass copyright infringement. The site launched days after Z-Library was targeted last November, to ensure and facilitate the availability of books and articles to the broader public. Last year, the U.S.

Copyright Infringement 137

Copyright Infringement Copyright Publishing Music 137