Likelihood of Confusion

SEPTEMBER 21, 2024

Republished by Blog Post PromoterYou’ve heard the tale in one form or another: A bar plays a recorded song over its sound system (without permission), then gets sued for violating the public performance right of the musical composition’s copyright holder. Copyright infringement. It happens. It happens.

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Traverse Legal Blog

OCTOBER 24, 2024

Somewhat related to a claim of copyright infringement (and often preempted by such a claim – more on that later), is the claim for Right of Publicity. California has particularly robust case law on Right of Publicity due to the abundance of celebrities residing within that state, so that jurisdiction is the focus of this blog post.

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IPilogue

AUGUST 26, 2022

Candidate at Osgoode Hall Law School. If you have ever incorporated music into your Instagram or Facebook videos, you may have committed copyright infringement. In the official pleading , they argued that Meta violated the US Copyright Act 17 USC § 501 for direct, induced, and contributory copyright infringement.

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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. Stay tuned as a comment on the judgment is coming soon in the blog. Stay tuned as a comment on the study is coming soon in the blog.

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Technology & Marketing Law Blog

OCTOBER 17, 2023

But if you really want Kiwi Farms gone, have you considered using copyright law for its censorial power? Greer sued Moon and Kiwi Farms for contributory copyright infringement and other claims. Direct Infringement. CloudFlare’s block ). The Court Opinion Greer was a target of one of Kiwi Farms’ attacks.

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The IP Law Blog

MAY 5, 2022

When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. To obtain a subpoena, Berkovitz would have to register his copyrights and file a lawsuit for copyright infringement, which he did. Course Hero declined to provide the information absent a subpoena.

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IPilogue

FEBRUARY 4, 2022

Rosemary Nkechi Ogueri is a litigation lawyer and a legal associate at Ogunwale & Associates Law Firm in Nigeria. Copyright infringement is the violation and piracy of an author’s exclusive right through the unauthorized use of a Copyright-protected work. Action for Copyright infringement. CONCLUSION.

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The IP Law Blog

MARCH 2, 2023

Getty Images alleges that Stability’s actions constitute copyright infringement, false copyright management information, removal or alteration of copyright management information, trademark infringement, unfair competition, trademark dilution, and deceptive trade practices under Delaware law.

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Michael Geist

DECEMBER 3, 2024

Canada’s largest media companies, including the Globe and Mail, Toronto Star, Postmedia, CBC, and Canadian Press, came together last week to file a copyright infringement lawsuit against OpenAI, the owners of ChatGPT. First, the Canadian claims are much narrower than those found in other lawsuits such as the NY Times case.

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Technology & Marketing Law Blog

MAY 17, 2024

But it won on a different and, in many respects, much broader legal theory: conflict preemption with copyright law. A Brief Recap on Contract Preemption To appreciate the significance of this opinion, let’s revisit the law of copyright preemption. The Copyright Act includes an express preemption clause, 17 U.S.C. §

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The IPKat

FEBRUARY 17, 2025

Equally, a significant portion of online material is also likely to contain personal data, and there is likely to be a significant overlap in relation to specific pieces of content which are protected by both copyright law and by data protection law.

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IP and Legal Filings

MAY 30, 2022

A careful step towards ensuring the acquisition of prosperity gained through your work is to copyright it. If infringement is faced, a copyright proprietor can avail many remedies. Some of them include the infringers facing criminal charges. In this blog, all such liabilities are going to be explained.

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Copyright Infringement Copyright Copying Music 92

Technology & Marketing Law Blog

NOVEMBER 16, 2024

The defendant published a bio on Sewell and included one of McDermott’s photos–apparently sourced from an unrelated Instagram account (possibly another infringer, or perhaps that account has a fair use defense?). McDermott, represented by the Sanders Law Group, sued KMC for copyright infringement.

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Kluwer Copyright Blog

JANUARY 23, 2024

One AI topic, which has so far only been examined in any depth in relation to EU copyright law in a few instances, is copyright infringement by generative AI and the associated liability. 1) When does AI output constitute an infringement? 2) Who is liable for copyright-infringing AI output?

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IPilogue

MAY 26, 2022

Raenelle Manning is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Moten, a Texas pastor, filed a copyright infringement lawsuit against rapper Kanye West for incorporating a sample recording of his religious sermon into one of his songs. On May 3, 2022, Bishop David P.

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Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

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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.

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Copyright Infringement Copyright Music Social Media 93

The IP Law Blog

AUGUST 25, 2022

District Court can exercise personal jurisdiction over a foreign defendant with regard to a copyright infringement suit. Lang Van is a California corporation that produces and distributes Vietnamese music and entertainment, owning the copyrights to thousands of songs and programs. District Court in California.

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Copyright Infringement Copyright Contracts Music 98

The IP Law Blog

JANUARY 21, 2022

He initially sought to certify a single class defined as “[a]ll owners of copyrights and musical compositions registered under United States copyright law, that were reproduced and/or distributed by Defendants without a license since 2003.” Kihn apparently changed the definition of the class he was seeking to represent.

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Copyright Infringement Copyright Licensing Music 97

Kluwer Copyright Blog

SEPTEMBER 12, 2022

While internet intermediaries act as gatekeepers of content that is transmitted online, their services seem to attract a high number of copyright infringements. This dual liability risk might also shake the current harmonized enforcement framework in copyright law. Risk of dual liability.

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The IPKat

MARCH 6, 2022

It's time for a weekly review of posts from the surrounding IP blogs over the past week! The Kluwer Copyright Blog, therefore, explains potential challenges that may arise. The main trend has been to amend existing national copyright laws in light of the new provisions of the Directive.

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SpicyIP

FEBRUARY 3, 2025

Can ‘Machine Unlearning’ ensure compliance with copyright laws? The top two entries will be awarded with some cash prizes and also with a chance to be published on the blog! Open AI: Time to Talk About Machine Unlearning Is ANI’s interim injunction, if granted, technically feasible?

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IPilogue

OCTOBER 19, 2022

Is there such a thing as “inducing” copyright infringement? One must of course first start with the Copyright Act itself and deal with what the Supreme Court also said in Compo (above): “Mr Hughes … put it very well when he said that copyright law is neither tort law nor property law in classifi­cation, but is statutory law.

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Copyright Infringement Copyright IP Designs 105

Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v.

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Fair Use Copyright Law Copyright Law 105

The IP Law Blog

NOVEMBER 30, 2023

Ross Intelligence Inc will provide guidance for similar AI training/copyright infringement cases and, as a bonus, it provides a bit of clarity (or muddies the waters… depending on your point of view) in the application of a post-Warhol fair use defense. These are the basic facts underlying this lawsuit.

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Copyright Infringement Copyright Fair Use Copying 123

The IP Law Blog

OCTOBER 22, 2021

In this episode of the Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a Copyright dispute between professional Basketball player, Terry Rozier III and holiday product manufacturer, Easter Unlimited, over his use of the iconic ghost mask from the horror film, “Scream.”.

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JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. Thus, copyright enforcement mechanisms are out of their league, so to speak, with respect to their application in this new digital world. LAW AND ECONOMICS. Costs Versus Benefits of Copyright Protection.

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Copyright Infringement Copyright Intellectual Property Blogging 98

IPilogue

OCTOBER 26, 2021

copyright law. It is arguably, as Stanford law professor Mark Lemley coined it, “ the copyright case of the century. ” . It also marks an important accommodation made in copyright law to face the new challenges posed by the booming IT industry. . Supreme Court on October 7, 2020.

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IPilogue

AUGUST 19, 2022

This decision provides added judicial guidance in the UK for defences to copyright infringement for purposes of parody and pastiche. Further, the decision clarifies separation of copyright protection for literary and dramatic works.

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The IP Law Blog

MARCH 23, 2023

The Ninth Circuit recently addressed the issue of whether parties can contractually agree to shorten the statute of limitations period for bringing a copyright infringement claim. Normally, the statute of limitations for a copyright violation is three years. In an unpublished opinion in the case, Evox Productions, LLC v.

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Copyright Infringement Copyright Licensing Intellectual Property 98

SpicyIP

FEBRUARY 28, 2025

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Hence, through their operational frameworks, the platforms complained of were alleged to infringe the copyright, and broadcasting rights held by Star India. [This post is authored by Tanishka Goswami.

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Kluwer Copyright Blog

JANUARY 10, 2022

The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part II by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó. The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part I by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó.

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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.

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Copyright Infringement Copyright Music Intellectual Property 119

The IP Law Blog

DECEMBER 2, 2021

The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement claim or to depart from this approach and apply the Second Circuit’s “ordinary observer” test instead. In Johannsongs-Publishing, Ltd.

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Kluwer Copyright Blog

JUNE 16, 2021

Therefore, since Arty signed and agreed that he is not entitled to own rights over the “underlying musical composition” – the argument goes – he does not hold any standing to bring copyright infringement claims against them. US copyright law does not protect remasters, as they lack originality. From remixes to remasters.

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The IP Law Blog

MARCH 3, 2022

Unicolors is the owner of copyrights in various fabric designs, including a 2011 copyright registration that consisted of 31 separate designs. The jury found in Unicolors favor and H&M moved the court for judgment as a matter of law, which the trial court denied. First, the Court looked to the text of 17 U.S.C.

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SpicyIP

FEBRUARY 17, 2025

Akshat Agrawal is a Senior Associate at Saikrishna and Associates and has previously written on the blog here. Sneha is a Partner at Saikrishna and Associates and leads their Artificial Intelligence and Law Practice. ” However, this point was completely missed when evaluating prima facie infringement. Long post ahead. ]

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