SpicyIP

JANUARY 17, 2022

Right to Research (“R2R”): An Independent Right with an Imposed Dependence in Copyright Law? However, a full-fledged discussion around whether a ‘Right to Research’ exists in India, whether it be internal, or external to Copyright laws seems largely absent. a user right under copyright law. Lokesh Vyas.

Copyright Law 119

Copyright Law Copyright Law Art 119

Plagiarism Today

MAY 17, 2022

1: GPL Legal Battle: Vizio Told by Judge it Will Have to Answer Breach-of-Contract Claims. Vizio argued that the matter should be heard by a federal court, which has sole jurisdiction over copyright matters, but the SFC argued it was a contract dispute, which would be heard in the state court.

Contracts 246

Contracts Licensing Branding Branding 246

IP Watchdog

JULY 2, 2022

Can something called a “Bored Ape” be embodied in a non-fungible token (NFT) and be associated with smart contracts? How could this present unique and challenging issues regarding copyright law?

Non-Fungible Tokens 111

Non-Fungible Tokens Contracts Copyright Copyright Law 111

Plagiarism Today

MARCH 14, 2022

copyright law. However, Genius, not the copyright holder on the lyrics, opted to sue claiming breach of contract and unfair competition laws. When the case got moved to a federal court, the judge dismissed the case, saying that copyright law preempted those claims.

Settlement 246

Settlement Copyright Law Copying Reporting 246

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.

Law 111

Law Copyright Licensing Copyright Law 111

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

Plagiarism Today

AUGUST 2, 2021

District Court Judge Jed Rakoff has issued a controversial ruling denying the “server test” of copyright law and ruling that embedding images can be an infringement of copyright law. 3: Jake Owen Sued for Alleged Copyright Infringement Over No. The case was filed by Paul Nicklen against Sinclair Media.

Copyright Infringement 246

Copyright Infringement Licensing Reporting Copyright Law 246

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

Kluwer Copyright Blog

JUNE 1, 2023

The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law.

Copyright Law 116

Copyright Law Copyright Law Art 116

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 80

Copyright Law Law Copyright Copying 80

Kluwer Copyright Blog

MAY 11, 2023

These contract law provisions, totally alien to the Irish legal tradition, are designed to apply in negotiations and contractual relationships between artists and commercial exploiters of their works, including social media platforms and streaming services.

Copying 105

Copying Copyright Law Copyright Social Media 105

Plagiarism Today

MAY 31, 2022

2: Amendment Passes to Grant Teachers Fair Use of Copyrighted Work Remotely. Next up today, Focus Taiwan reports that the Taiwan legislature has passed a new copyright law that would grant educators a fair use protection when using copyright-protected works via online classes. Village Roadshow sued Warner Bros.

Fair Use 246

Fair Use Reporting Plagiarism Copyright 246

Kluwer Copyright Blog

JUNE 21, 2022

Likewise, limited copyright exceptions don’t accommodate for this broadly construed ‘use’ of a work. Resultingly, this UGC, from the perspective of black-letter copyright law, gives a rather reductive presumption of infringement, rather than enablement of this new form of cultural creativity.

Contracts 93

Contracts Copyright All Rights Reserved Publishing 93

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. Original NY Complaint.

Copyright Law 80

Copyright Law Copyright Law Contracts 80

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

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. It has been generally a quiet trimester during the summer with things heating up in September with two new preliminary references.

Copyright Law 75

Copyright Law Copyright Law Blogging 75

Intepat

OCTOBER 23, 2024

This article delves into the intricate relationship between copyright and moral rights, highlighting their significance in protecting creators’ integrity, especially in the digital age. Copyright law primarily focuses on the economic rights of creators, granting them exclusive control over the use and distribution of their works.

Moral Rights 52

Moral Rights Copyright Intellectual Property Copyright Law 52

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

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

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). Guy Rub , The Ohio State University Michael E.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

Olartemoure Blog

SEPTEMBER 22, 2023

This marks a milestone in the music industry, as it is the first time that a record label has signed a contract involving this type of characters, raising legal questions that have not yet been resolved by copyright law.

Contracts 52

Contracts Music Intellectual Property Copyright Law 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

Intepat

DECEMBER 5, 2024

Infringement extends beyond counterfeit goods to broader concerns such as unauthorized use of copyrighted material. For instance, virtual concerts in the metaverse, where avatars perform popular songs, may violate music copyright laws unless proper licensing agreements are in place. Finally, fostering user awareness is key.

Copyright 52

Copyright Non-Fungible Tokens Ownership Intellectual Property 52

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

Kluwer Copyright Blog

DECEMBER 17, 2024

In the complicated landscape of genAI and copyright law, several different themes have emerged as particularly thorny and triggering the interests of different stakeholders. The Institute is actively exploring the impact of genAI on copyright law via a dedicated series of events, roundtables, lectures and publications.

Publishing 52

Publishing Reporting Branding Branding 52

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

SpicyIP

JANUARY 7, 2025

The authors, therefore, point out that others (third parties) who get the data from a user are not bound by the restrictive conditions of the terms of use since they have not entered into a contract with the model creator. They argue that there is a utilitarian rationale underlying the copyright regime.(

Fair Use 59

Fair Use Copyright Ownership Contracts 59

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

Kluwer Copyright Blog

FEBRUARY 8, 2024

Typically, in the case of scholarly publications, authors are publicly funded through payment under a standing contract with a university or research institute, or through project funding, including EU funding. Pre-existing Bulgarian provision The SPR is not an entirely novel concept to Bulgarian copyright law.

Publishing 132

Publishing Contracts Art Copyright 132

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

The IPKat

FEBRUARY 17, 2022

Can a work entirely created by a machine be protected by copyright? AI-generated Kats The Review also rejected Thaler’s argument that AI can be an author under copyright law because the work made for hire doctrine allows for “non-human, artificial persons such as companies” to be authors.

Copyright 145

Copyright Artistic Work Copyright Law Contracts 145

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.” So what else is on the table?

Intellectual Property 145

Intellectual Property Contracts Government Copyright Law 145

JIPL Online

FEBRUARY 25, 2021

1] It’s not uncommon to hear artists complain about record label contracts once they see the impact their deals have on the control of their own music. [2]. To understand the source of the problem, it’s first necessary to understand the copyrighted work at issue in many record label agreements. BACKGROUND. ANALYSIS AND UPSHOT.

Music 98

Music Contracts Ownership Copyright Law 98

Kluwer Copyright Blog

FEBRUARY 28, 2024

Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn. Copyright law has always been an emotional topic. To repeat, copyright law is an emotional topic. Fuelled by AI concerns, it becomes borderline explosive.

Copyright Law 64

Copyright Law Copyright Law Music 64

Michael Geist

DECEMBER 3, 2024

Finally, the companies also point to their terms of use, which restrict certain activities, but this may only involve a breach of contract and not necessarily copyright infringement. Much like Bill C-18, it would not surprise if coverage of the case sided with Canadian media companies.

Settlement 113

Settlement Copyright Licensing Copyright Infringement 113

TorrentFreak

FEBRUARY 7, 2023

They didn’t deny that the AimJunkies site offered ‘Destiny 2’ cheats in the past but rejected allegations that copyright law had been violated. Zilly ruled that the hacking, theft, and contract breach allegations survive Bungie’s motion to dismiss so can proceed. This attempt was more successful.

Contracts 144

Contracts Privacy Copyright Infringement Copyright 144

Dear Rich IP Blog

JANUARY 30, 2023

Is there a contract template for this scenario? Below is a sample agreement that's based on our downloadable work-for-hire contract on our Crafts Law website. copyright law. You can find an explanation for the provisions at the site as well.)

Contracts 52

Contracts Intellectual Property Art Government 52