Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. Photo by Markus Spiske on Unsplash. We started this rubric in the beginning of 2021. CJEU judgments. Top System SA, C-13/20.

Copyright Law 112

Copyright Law Copyright Law Reporting 112

IP and Legal Filings

JULY 29, 2024

Another lesser-known problem of the authors of the schools providing educational services through the Internet is the question of the control of the distribution of copies of copyrighted works. These works are covered by the legal concept of copyright, which gives the author a set of enforceable rights over the use of his/her work.

Copyright Law 101

Copyright Law Copyright Law Copyright Infringement 101

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.

Copyright Law 105

Copyright Law Copyright Fair Use Law 105

Velocity of Content

OCTOBER 20, 2021

But, as an article in MIT Technology Review points out , ML is the brains behind “recommendation systems like those on Netflix, YouTube, and Spotify; search engines like Google and Baidu; social-media feeds like Facebook and Twitter; voice assistants like Siri and Alexa.” That is quite a mouthful and may not sound very exciting.

Copyright Law 105

Copyright Law Copyright Social Media Law 105

Plagiarism Today

SEPTEMBER 15, 2021

In the lawsuit, Pearson alleges that Chegg, through the use of thousands of freelancers, provides answers to questions found in textbooks it publishes and, in doing so, often copies the question verbatim or with slight paraphrasing. As a result, Pearson is suing Chegg alleging copyright infringement. Chegg’s Potential Defenses.

Copyright Infringement 250

Copyright Infringement Copyright Derivative Work Fair Use 250

Kluwer Copyright Blog

OCTOBER 9, 2022

According to Article 16 EU DSM Directive 2019/790 (“DSM Directive”), a “publisher” may have a claim to a share of the author’s statutory remuneration claims – such as fair compensation for private copies – if the author has granted the “publisher” a right in his work. But who is this “publisher”? Image by Sang Hyun Cho from Pixabay.

Publishing 97

Publishing Music Copyright Law Marketing 97

IP and Legal Filings

APRIL 19, 2022

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957.

Copyright Law 94

Copyright Law Copyright Law Copyright Infringement 94

IP Watchdog

AUGUST 22, 2021

This time, however, WPL’s arguments pose grave dangers to all owners of other copyrighted works. WPL did not try to compete with SAS by building a different or better product.

Copyright Law 126

Copyright Law Copyright Law Copying 126

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.

Copying 97

Copying IP Copyright Law Design 97

Plagiarism Today

JULY 27, 2021

The reason is that the track has faced not one, but two separate allegations of plagiarism, with many fans and critics alike wondering if the band may have run afoul of copyright law. Though the laws in Korea and Japan are different, many of those same obstacles remain.

Plagiarism 325

Plagiarism Music Licensing Copying 325

Plagiarism Today

SEPTEMBER 21, 2021

All this raises a simple question: Did the series copy St Onge’s work? Onge and others who spotted the similarities, someone who worked on the series closely copied or even traced St. And despite copying my video, the episode still contains several errors, like saying the Orlando version has 2 ride systems while showing 4.

Plagiarism 208

Plagiarism Graphic Design Copying Artwork 208

The IPKat

DECEMBER 8, 2024

A few years ago, questions of direct effect were specifically tackled in a copyright context in OSA [IPKat here ]. However, this cannot serve as the basis for an interpretation of national law contra legem. Incidentally, at the EU level, the earlier Reprobel ruling also prompted the introduction of Article 16 of the DSM Directive.

Copying 126

Copying Art Law Copyright 126

Kluwer Copyright Blog

APRIL 13, 2023

Photo by Markus Spiske on Unsplash Welcome to the first trimester of the 2023 round up of EU copyright law! In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law.

Copyright Law 72

Copyright Law Law Copyright Copying 72

Kluwer Copyright Blog

JULY 27, 2022

Against this background, the European Copyright Society (ECS) issued on May 2022 a comment addressing selected aspects of the implementation of the new mandatory exceptions of Articles 3 to 7 of the Directive (drafted by Jonathan Griffiths, Tatiana Synodinou and Raquel Xalabarder).

Copyright 98

Copyright Marketing Marketing Copyright Law 98

The IPKat

NOVEMBER 30, 2023

The GUIs at issue in THJ What does originality in copyright law mean? Recently, it was tackled once more by the Court of Appeal of England and Wales in a case – THJ v Sheridan [2023] EWCA Civ 1354 – concerning copyright protection of graphic user interfaces (GUIs). This is an evergreen – yet still vexed – question.

Copyright Law 97

Copyright Law Copyright Law Copying 97

TorrentFreak

JANUARY 10, 2023

An interesting feature of copyright law is its tendency to lag behind the times while new technology races ahead and exploits its numerous ‘loopholes’ One of the most famous loopholes was ‘exposed’ when streaming overtook BitTorrent to become the delivery method of choice for millions of video-oriented pirates.

Copyright Law 144

Copyright Law Settlement Copying Copyright 144

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 103

Copyright Law Copyright Law Artwork 103

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

APRIL 15, 2024

The prompt used by the claimant in this case had been: “ Create a visual representation of two parties signing a business contract in a formal setting, such as a conference room or a law firm office in Prague. The defendant, a local law firm, subsequently copied the Image and used it on its own website (presumably, to prove a point?).

Copyright 145

Copyright Copying Copyright Infringement Contracts 145

Plagiarism Today

OCTOBER 13, 2021

As such, new copies of Makan are now unavailable on major retailer websites. One quick look at the examples shows clearly that Haigh copied words from other sources and then attempted to rewrite the relevant passages. copyright law, one typically cannot copyright a recipe itself.

Plagiarism 240

Plagiarism Publishing Copying Editing 240

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

Kluwer Copyright Blog

JANUARY 5, 2023

It is a common practice to make copies of deteriorating or far away cultural heritage. As of 2022, it is not even a new idea to use digital methods to copy heritage, considering that the mass digitisation of cultural heritage, especially books, started more than two decades ago. Photo by awsloley via Pixabay.

Copying 64

Copying Copyright Ownership Intellectual Property 64

IP Watchdog

JULY 28, 2022

In a recently filed suit involving the popular videogame Fortnite, the Central District of California faces an important question regarding copyright law: does a copyright in a registered choreographic work extend protection to a smaller portion of the work when that portion is copied by a third party and implemented as a dance move in a video game?

Copyright 138

Copyright Copying Copyright Law Registration 138

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.

Copyright 136

Copyright Copyright Law Fair Use Law 136

TorrentFreak

MAY 17, 2022

This is also what James Gibson , Professor of Law at Richmond University, hinted at. Unlike downloading pirated movies, consuming pirated streams isn’t a clear violation of copyright law. These infringements always require the distribution, reproduction, or public performance of copyrighted content. No Lasting Copy.

Copyright Infringement 145

Copyright Infringement Copying Copyright Law Copyright 145

Plagiarism Today

JANUARY 5, 2022

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 this means is that the Milne’s original Winnie-the-Pooh book is now free of copyright. What Actually Happened.

Public Domain 353

Public Domain Art Publishing Plagiarism 353

The IPKat

DECEMBER 26, 2023

As readers may be aware, Articles 18-22 of the Directive (EU) 2019/790 (DSM Directive) [IPKat coverage here ] establish protective measures for authors and performers that license or transfer the exclusive economic rights over their works and performances to third parties for the purpose of exploitation.

Contracts 62

Contracts Design Designs Copyright Law 62

Plagiarism Today

JULY 29, 2021

The goal here is to help developers understand what their rights and responsibilities are under the law and to push back against “unwarranted” takedown notices. It’s unclear how many of those notices deal with Section 1201 disputes versus more traditional issues of copied code and other content.

Copying 264

Copying Intellectual Property Copyright Law 264

Kluwer Copyright Blog

JULY 29, 2024

Photo by ThisisEngineering on Unsplash In November 2024, the CJEU cast light on the right to fair compensation under the private copying exception harmonised by Article 5(2)(b) InfoSoc Directive and the thorny issue of whether broadcasters are entitled to it. This post considers this judgment.

Copying 69

Copying Copyright Law Editing 69

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

The IPKat

JANUARY 31, 2022

Under article 8(1) of the Enforcement Directive (Directive 2004/48/EC) a claimant in infringement proceedings can request a court to order certain parties to disclose information. TB alleged that Castorama Polska sold exact and near identical copies of the images, which had been supplied to them by Knor. One image is depicted below.

Intellectual Property 74

Intellectual Property Cease and Desist IP Copyright 74

Copyright Lately

OCTOBER 6, 2024

A new lawsuit over Broadway’s Stereophonic tests copyright’s limits, as Fleetwood Mac’s former sound engineer claims the hit play copies his real-life story about working on the Rumours album. Case in point is the recent lawsuit over the magazine article that inspired the film Top Gun.

Art 120

Art Copyright Copying Copyright Law 120

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 97

Copyright Copyright Law Technology Artistic Work 97

Kluwer Copyright Blog

DECEMBER 8, 2021

Even though that Court’s judgment was very specific to the V-Cast service, it left room, arguing a contrario and subject to certain conditions, to consider the mere provision of Cloud storage services of audio-visual content, with reproductions made on individual requests of end-users, to be covered by the private copying exception.

Copying 58

Copying Copyright Law Copyright Law 58

Copyright Lately

NOVEMBER 10, 2024

Southern District of New York Judge Colleen McMahon ruled that the plaintiffs failed to show any concrete harm caused by OpenAI’s alleged removal of copyright management information from their articles, which they claim were then used to train ChatGPT’s language model. TransUnion v.

Copyright 119

Copyright Reporting Copyright Infringement Social Media 119

Plagiarism Today

AUGUST 9, 2021

After some digging, KokomRoilly found multiple lengthy passages of verbatim copying and posted highlighted passages on their Twitter account. It’s a fairly unique story in plagiarism and highlights the complexities of dealing with plagiarism when the intersection with copyright law is less-than-seamless.

Plagiarism 262

Plagiarism Publishing Copying Copyright Law 262

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 137

Derivative Work Editing Copyright Music 137