Remove Artwork Remove Copying Remove Reference
article thumbnail

CJEU rules that private copying also applies in the cloud and warns against thinking that everything is communication to the public

The IPKat

A few days ago the Court of Justice of the European Union (CJEU) rendered its judgment in C-433/20 Austro-Mechana , ruling that the notion of reproduction ‘on any medium’ extends to the cloud and, therefore, that private copying under Article 5(2)(b) of the InfoSoc Directive also applies in that context.

Copying 98
article thumbnail

[Guest Post] Things go belly-up for Aldi in Australia as baby food packaging found to constitute copyright infringement

The IPKat

Aldi was sued for copyright infringement of an artwork that appeared on the packaging of childrens snacks under the BABY BELLIES, LITTLE BELLIES and MIGHTY BELLIES brands, each aimed at different age groups. The copying brand can be confident that their privately labelled brand will perform well with consumer attitudes.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

[Guest post] Can the owner of an artistic work convert it into an NFT for its use in the Metaverse?

The IPKat

On the occasion of the opening of a new store in NY, the well-known clothing brand created a collection of NFTs based on digital copies of works of famous artists such as Miró, Tàpies and Barceló, incorporating various outfits of the collection available at the store, to be displayed in the Decentraland Metaverse, at the coordinates 16.78

article thumbnail

Analysing the relationship between contemporary art and IPR

IP and Legal Filings

Contemporary art refers to art that has been produced in the second half of 20 th century or in the 21 st century. In the last 20 years, the contemporary art industry has doubled the number of auction houses participating in the sale of artworks. The total concept and feel test is also referred to as the ‘lay observers’ test.

Art 98
article thumbnail

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part II

Kluwer Copyright Blog

The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law. Firstly, in conformity with the CJEU’s 2012 UsedSoft case, the exhaustion doctrine applies to first sales of computer software copies.

Artwork 98
article thumbnail

AI and Fair Use: Navigating Legal Challenges in India and the United States

IIPRD

One such legal issues is what is referred to as “fair use,” which becomes particularly problematic in the context of the copyright law. Thus, fundamental questions arise, such as whether such copying amounts to infringement under copyright law or whether it falls under the purview of fair use. Goldsmith (2023) [2].

article thumbnail

New Genshin Impact DMCA Subpoena Targets Leaker @merlin_impact

TorrentFreak

Each of those tweets contains one piece of original content for reference. As shown in the image below, the image at the top right is the original tweet from the official @GenshinImpact account ( 1 ), and the two images at the bottom are the alleged copies ( 1 , 2 ) published by @merlin_impact.

Copying 98