The IPKat

JANUARY 2, 2022

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! v EUIPO | Case T-509/19) and the importance of presenting valid arguments for the existence of a link between the marks - even in the case of marks with an exceptional reputation ( Puma v EUIPO | Case T-71/20).

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Technology & Marketing Law Blog

MAY 13, 2024

. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

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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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JD Supra Law

MAY 14, 2024

I saw this question online and decided to answer it here on my blog. It raises some very interesting and timely questions about the scope and reach of copyright law in our modern age. Many people want to know, is police footage or vehicle cam video from law enforcement in the public domain. I would state "it depends.".

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Velocity of Content

OCTOBER 20, 2021

ET), the US Copyright Office, and the US Patent and Trademark Office are co-hosting a three-part discussion on “ Copyright Law and Machine Learning for AI: Where Are We Now and Where Are We Going?” They say that there will be time for questions to each panel. So I’ll be attending, and I hope you will, too.

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JD Supra Law

AUGUST 5, 2022

In this podcast episode of The Briefing by the IP Law Blog, Weintraub attorneys Scott Hervey and Josh Escovedo discuss the impact of Alexis Hunley, et al v. Instagram, LLC on copyright law, and specifically on the Server Test.

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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? This ruling shows how copyright law could be a Kiwi Farms killer–no legal reform required. Yet, we should be careful celebrating copyright’s censorial powers. CloudFlare’s block ).

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Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). ML Genius v.

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Kluwer Copyright Blog

OCTOBER 1, 2024

Photo by Markus Spiske on Unsplash Now that the summer is formally over it is time for the third trimester of the 2024 roundup of EU copyright law. We will have a comment on this decision in our blog soon. For an early analysis, see this excellent post by Elena Izyumenko on our blog. Stay tuned!

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Technology & Marketing Law Blog

JUNE 17, 2023

According to the court: “Copyright law restricts the removal or alteration of copyright management information (“CMI”) – information such as the title, the author, the copyright owner, the terms and conditions for use of the work, and other identifying information set forth in a copyright notice or conveyed in connection with the work.”

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Kluwer Copyright Blog

JANUARY 7, 2024

Generative AI, Copyright and the AI Act by João Pedro Quintais Generative AI is one of the hot topics in copyright law today. The Pastiche in Copyright Law – Towards a European Right to Remix by Till Kreutzer and Felix Reda Pastiche is one of the newer harmonized user rights in EU copyright law.

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IPilogue

AUGUST 19, 2022

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On June 8 th 2022, Deputy High Court Judge John Kimbell released his decision separating copyright in literary and dramatic characters.

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IPilogue

MARCH 2, 2023

This development has led legal commentators to observe that, unfortunately, the copyright law surrounding celebrity tattoos remains unclear. Copyright protection over tattoos has been a hot topic for some time. This is a far cry from the revenues earned on the WWE 2K games, which have sold hundreds of thousands of copies each.

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The IP Law Blog

DECEMBER 9, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the trademark and contract issues that Adidas is navigating with shoe designs and related designs in the future. Listen to the podcast of this episode here.

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Kluwer Copyright Blog

OCTOBER 2, 2023

Photo by Markus Spiske on Unsplash Welcome to the third trimester of the 2023 round up of EU copyright law! In this edition, we update you on what has happened between July and September 2023 in EU copyright law. More on this proposed bill in the blog soon.

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Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

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Copyright Alliance

NOVEMBER 30, 2023

As seen in parts 1 and part 2 of our blog series, where there is art, there are artists who love to push boundaries, particularly in copyright law. This is […] The post Copyright Cases Visual Artists Should Know: Part 3, Fair Use appeared first on Copyright Alliance.

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Technology & Marketing Law Blog

AUGUST 22, 2023

18, 2023), affirming the Copyright Office’s position that “a work generated entirely by an artificial system absent human involvement [is not] eligible for copyright.” Eric previously blogged about the Copyright Review Board’s affirmance of the Office’s repeated refusal to register the work back in March 2022. The slides.

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Kluwer Copyright Blog

JANUARY 9, 2023

AI Music Outputs: Challenges to the Copyright Legal Framework – Part I by Oleksandr Bulayenko , João Pedro Quintais , Joost Poort and Daniel Gervais. Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

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IP and Legal Filings

DECEMBER 17, 2023

Historical lookback The amendment to the existing copyright law act of 1957 was carried out owing to the sensitization of issue of copyright management and revenue sharing structure that is fair and reasonable to all owners and writers of filmed and recorded works. [i] Magic Mantra Vision. [ii] Magic Mantra Vision, CS (OS) NO.

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Technology & Marketing Law Blog

MARCH 29, 2023

The Board is using the parameters of the Copyright Law for damages, which means we can rely on the case law to understand that. Prior Blog Posts on the CCB Copyright Claims Board (CCB) Default Notices (Guest Blog Post–Part 2 of 3) Copyright Claims Board (CCB) Opt-Outs – How’s That Going?

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Erik K Pelton

JULY 14, 2022

The following is an edited transcript of my video Copyright Concerns When Using Others to Create Content. Many of my clients have contractors or vendors or virtual assistants who assist them with writing blog posts, creating newsletters, doing social media posting and work. And that is a specific, important phrase in copyright law.

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The IP Law Blog

JULY 30, 2021

In this week’s episode of the Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss recent news stories reporting that police officers played copyrighted music during filmed encounters, ostensibly to keep the videos from being uploaded to the Internet.

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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. The composer of Towering Catastrophe , Nakamura Kojo, took to his personal blog and addressed the issue.

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Technology & Marketing Law Blog

MAY 15, 2024

Combining these two holdings, it concluded: “we must apply the discovery rule to determine when a copyright infringement claim accrues, but a three-year lookback period from the time a suit is filed to determine the extent of the relief available.” This Court could clarify that and do good in providing uniform administration of copyright law.

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JD Supra Law

APRIL 26, 2023

World Programming Limited, which effectively denied copyright protection to SAS Institute’s data analysis software. The decision is likely to have lasting implications for developers that seek to protect software through copyright law. By: Pillsbury - Internet & Social Media Law Blog

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Technology & Marketing Law Blog

AUGUST 30, 2021

The ruling overturns a “seismic” district court ruling from 2014 that I wrote about in a previous blog post , one that “threaten[ed] to undo a 75-year-old consensus that state law does not provide a public performance right for sound recordings.” See my previous blog post on the New York ruling.) Flo & Eddie, Inc.

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Plagiarism Today

AUGUST 10, 2022

The Assess Tool also provides a basic fair use analysis and helps to make sure that the use isn’t covered under any other exceptions to copyright law. So, if you want to register a blog post, you’ll first have to either export it or save it as a file on your computer. The first is sending a cease and desist letter.

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Kluwer Copyright Blog

DECEMBER 4, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Top 3 Kluwer Trademark Blog posts 1) Brothers in arms. “ Part 2 of this post is available here.

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Technology & Marketing Law Blog

DECEMBER 13, 2024

And while Giffords posts are protectable under copyright law, works like a photo of feet near a stores welcome mat or a curated list of items for sale on Amazon reflect minimal creativity and should be subject to only thin protection and therefore difficult to infringe. The post Does IP Law Protect Influencers Aesthetics?–Gifford

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Patently-O

DECEMBER 28, 2023

Later, the defendant Liu, a blogger, published the image in a blog post without Li’s permission, removing his username and platform watermark. Li sued for copyright infringement. Judges emphasized that copyright law aims to encourage human creativity.

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Traverse Legal Blog

NOVEMBER 25, 2024

What Is Accidental Copyright Infringement. 2024 Update) Accidental copyright infringement occurs when someone unknowingly violates copyright law. This can happen due to: Lack of Understanding: Not fully comprehending copyright laws and regulations. the nature of the copyrighted work.

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IPilogue

SEPTEMBER 22, 2022

DMCA ( Digital Millennium Copyright Act ) strikes and disputes are often thought about in the context of music and video, however, it can be for any copyrightable content. In this case , an entire blog website of a crypto critic was consequently removed due to multiple DMCA strikes. DMCA perjury.

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Technology & Marketing Law Blog

AUGUST 1, 2023

The problem arises because copyright law is written as an “opt-in” system (no copying without authorization), while the Internet is designed as an “opt-out” system (it allows copying unless it is prohibited). I think this ruling reinforces why the CJPA is preempted by federal copyright law.

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Technology & Marketing Law Blog

AUGUST 19, 2024

It seems more likely that Cattelan heard the idea and decided to riff on it–something copyright law permits. Cattelan appeared first on Technology & Marketing Law Blog. Either way, Morford can’t establish the legal foundation of copying sufficient to “disprove” independent creation.

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SpicyIP

JANUARY 31, 2023

Of particular interest to readers of this blog would be the chapters on copyright law and its implications for archival practice. In the course of writing this guidebook, I had the opportunity to look more deeply into how copyright law conceives of archives and archiving as a practice.

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Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. 102(a)(5) , a category that is defined to include photographs, 17 U.S.C. 4th 26, 32 (2d Cir. Feist Publications, Inc.

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