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. law and, at the very least, affect U.S.

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98

The IPKat

DECEMBER 15, 2023

This time he has found a recent ruling issued by the Paris Court of Appeal , concerning a copyright assignment agreement, a subject that is the source of many disputes in France. Subsequently, on 31 December 2019, Ms Y brought an action against L'Oréal Paris a for copyright infringement before the Paris Court of First Instance.

Copyright Infringement 126

Copyright Infringement Copyright Cease and Desist Intellectual Property 126

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.

Settlement 113

Settlement Copyright Licensing Copyright Infringement 113

Kluwer Copyright Blog

JUNE 16, 2021

Subsequently, Interscope and Arty’s company, Telma Music LLC, entered into a contract (the ‘Remixer Declaration’) in September 2014. US copyright law does not protect remasters, as they lack originality. Absent either of these, they will likely be unable to invoke any copyright over their derivative works under US copyright law.

Music 98

Music Copyright Law Copyright Law 98

Technology & Marketing Law Blog

MAY 17, 2024

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

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 In an unpublished opinion in the case, Evox Productions, LLC v.

Copyright Infringement 98

Copyright Infringement Copyright Licensing Intellectual Property 98

Erik K Pelton

JULY 14, 2022

One is the contract with the individual or individuals doing the work who help create content; and two is the type of content that they create and where they get photos from, in particular. First, contracts. And that is a specific, important phrase in copyright law. Make sure you have proper contracts.

Social Media 147

Social Media Copyright Cease and Desist Contracts 147

Patently-O

AUGUST 30, 2022

Contract not Copyright: Genius does not hold the copyright to the lyrics and so has no copyright infringement claim. The complaint asserts breach of contract based upon violation of its terms of service; unfair competition (based upon state law); and unjust enrichment. Genius sued. Petition for Cert.

Copyright Law 80

Copyright Law Copyright Law Contracts 80

Intepat

DECEMBER 5, 2024

As digital ownership evolves, establishing clear guidelines for what constitutes copyright and how it is assigned in the metaverse is paramount. Issues of Counterfeit and Copyright Infringements The metaverses decentralized and user-driven environment provides fertile ground for counterfeiting and copyright violations.

Copyright 52

Copyright Non-Fungible Tokens Ownership Intellectual Property 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Copyright Lately

OCTOBER 20, 2024

Yes, there was a copyright infringement claim in the mix, based on Skiplagged’s use of American’s “flight symbol” logo. The court denied summary judgment on American’s trademark infringement and unfair competition claims, citing unresolved factual issues. It sought $94.4

Copyright 86

Copyright Fair Use Social Media Business 86

Kluwer Copyright Blog

JUNE 2, 2024

This statement sets out OpenAI’s vison for a ‘social contract for content in AI’. OpenAI’s vision for a fair AI ecosystem The ADAI mentions copyright only in passing, but it is fairly obvious that the desire to ‘deal’ with pending copyright infringement claims (largely in the US) lies at the core of this ambitious statement.

Contracts 84

Contracts Copyright Publishing Business 84

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. All in all, 2024 promises to be an exciting year for EU copyright law. Stay tuned!

Copyright Law 78

Copyright Law Law Copyright Reporting 78

TorrentFreak

JUNE 22, 2022

Movie studio Miramax, which owns most of the rights to the film, sees the plan as a contract breach and copyright infringement. The movie company suggests that by assigning the film’s copyright to Miramax, the director also gave up the rights to his screenplay. . Miramax Sues over Pulp Fiction NFTs.

Non-Fungible Tokens 139

Non-Fungible Tokens Artwork Copyright Infringement Derivative Work 139

TorrentFreak

DECEMBER 19, 2022

Fraud has been the key charge in several big UK piracy cases over the last few years, despite the key offenses having a direct link to copyright law. “These provisions may include breach of contractual terms, fraud or secondary copyright infringement depending on the circumstances.” Other Legal Options.

Intellectual Property 145

Intellectual Property Contracts Government Copyright Law 145

TorrentFreak

SEPTEMBER 22, 2022

Bungie calls this ‘cheat software” and according to Mann, the company has been trying to “shoehorn” its use into a recognized cause of action, such as copyright infringement and/or breach of contract. Copyright Infringement? “In this action, Bungie vilifies and attacks Defendant L.L.

Copyright Infringement 138

Copyright Infringement Contracts Licensing Copyright 138

TorrentFreak

FEBRUARY 7, 2023

AimJunkies denied the claims and argued that cheating isn’t against the law. In addition, it refuted the copyright infringement allegations; these lacked substance and were ungrounded because some of the referenced copyrights were registered well after the cheats were first made available.

Contracts 144

Contracts Privacy Copyright Infringement Copyright 144

Plagiarism Today

AUGUST 2, 2022

However, those familiar with copyright law, immediately began to point out flaws in the plan. Though some artists did manage to capitalize, NFTs quickly became a haven for selling pirated and infringing works. Produce an original animated limited series inspired by the book and sell it to a streaming service 3.

Copyright 279

Copyright Non-Fungible Tokens Technology Plagiarism 279

The IPKat

AUGUST 22, 2023

This is a review of Poorna Mysoor ’s Implied licences in copyright law (Oxford University Press, 2021). As the title suggests, this book consists of a detailed analysis and explanation of instances where it is possible to imply a copyright licence in response to or as a defence to an allegation of copyright infringement.

Copyright Law 52

Copyright Law Copyright Law Contracts 52

TorrentFreak

JUNE 7, 2023

Every copyright claim turns ‘upon facts which are particular to that single claim of infringement, and separate from all the other claims’,” his order denying certification reads. “This is not to say that certification of a copyright infringement class is per se impossible.

Contracts 143

Contracts Copyright Publishing Copyright Infringement 143

SpicyIP

JANUARY 7, 2025

For anyone following the barrage of lawsuits filed against these companies, the prominent affirmative defense raised against the allegation of direct copyright infringement has been (no prize for guessing the obvious)- Fair Use. They argue that there is a utilitarian rationale underlying the copyright regime.(

Fair Use 59

Fair Use Copyright Ownership Contracts 59

Biswajit Sarkar Copyright Blog

JULY 19, 2022

What is copyright infringement? Unauthorized use of a work protected by copyright is referred to as copyright infringement. In this blog we will take a look at best practices to avoid copyright infringement. In this blog we will take a look at best practices to avoid copyright infringement.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

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

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. But fair use isn’t a defense to a breach of contract claim.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

43(B)log

OCTOBER 18, 2024

Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and false advertising claims survived.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

The IPKat

FEBRUARY 2, 2025

Although the UK withdrew from participation in the UPC post-Brexit, the court concluded that it had jurisdiction over the UK regarding infringement proceedings for patents granted by the EPO, which are valid in the contracting states to the EPC.

Designs 59

Designs Design Copying IP 59

Technology & Marketing Law Blog

JUNE 2, 2022

Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. Second, the court had little interest in exploring the many broad and interesting policy issues about using human skin as a medium for expression of copyrighted works.

Copyright 145

Copyright Social Media Fair Use Licensing 145

Kluwer Copyright Blog

JUNE 19, 2023

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. Assignment The copyright owner may transfer the entirety of the copyright in the work to the purchaser by assignment.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

IPilogue

NOVEMBER 30, 2021

The sale of an NFT also includes a smart contract. Therefore, the purchaser of an NFT will only receive the underlying copyright when the smart contract accompanying the NFT expresses this. What about copyright infringement? Old Laws Protect New Trends.

Non-Fungible Tokens 110

Non-Fungible Tokens Art Moral Rights Copyright Infringement 110

IP and Legal Filings

JANUARY 23, 2023

In the current cyberspace, copyright infringement and piracy have occurred from developers, artists, and end users. The copyrights Act includes computer programmes and electronic communication, however this has been viewed as a grey area. NFTs are governed by smart contracts, which divide ownership and limit transferability.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

SpicyIP

JANUARY 5, 2025

Reportedly(see here and here ), a suit has been filed by actor Dhanushs production house Wunderbar Films (the plaintiff) against the Lady Superstar Nayanthara, Actor-Director Vignesh Shivan, and streaming platform Netflix (respondents/ defendants) for copyright infringement. vs Yashraj Films Pvt.

Copyright 64

Copyright Copyright Infringement Reporting IP 64

Copyright Lately

NOVEMBER 21, 2021

Breaking down Miramax’s copyright infringement lawsuit against Quentin Tarantino, a dispute about NFTs that isn’t really about NFTs. ” One potential way (though not the only way) to do this is by looking to the Copyright Act for guidance. This is, after all, supposed to be a copyright case.

Copying 129

Copying Non-Fungible Tokens Contracts Copyright 129

Kluwer Copyright Blog

DECEMBER 8, 2022

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. Current EU copyright framework. Recommendations.

Copyright 111

Copyright Ownership Journalism Publishing 111

TorrentFreak

FEBRUARY 17, 2023

On one hand, unauthorized mass copying and distribution of movies, TV shows, and music is widely recognized as copyright infringement. The general consensus is that copyright law favors the publishers, but in a recent motion to dismiss, Elbakyan had other things on her mind too.

Publishing 142

Publishing Ownership Copyright Copying 142

Technology & Marketing Law Blog

JUNE 11, 2022

Apparently the “de minimis” defense to copyright infringement doesn’t exist at all in the 9th Circuit. The court adds: “Apple was not willfully infringing merely because it did not exhaustively background check the hundreds of thousands of uploaders on its store.”]. 19-55882 (9th Cir. Tumblr, Inc.,

Copyright 124

Copyright Copying Copyright Infringement Copyright Law 124

Technology & Marketing Law Blog

NOVEMBER 30, 2022

As I wrote previously : lawsuits against IAPs are problematic for many reasons, including the failure of 512(a), the danger of assuming that notices of claimed infringements (NOCIs) actually reflect infringing behavior, and the mismatch between the wrongdoing of alleged copyright infringement and the remedy of terminating Internet access.

Copyright 139

Copyright Advertising Advertising Copyright Infringement 139

TorrentFreak

AUGUST 2, 2023

Bungie listed six causes of action including copyright infringement, trafficking in circumvention devices contrary to the DMCA, trademark violations, and unfair competition. Individuals behind cheat maker and distributor, Ring-1, were targeted in a Bungie lawsuit back in 2021.

Copyright Infringement 98

Copyright Infringement Contracts Copyright Business 98