Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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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.

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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.

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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.

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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.

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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. One highlight from the report is that global collections for creators reached a new historical record of €12.1

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The IPKat

OCTOBER 28, 2024

Events Liability for AI-generated outputs under copyright law. The Law, Rationalism, and Complexity and the InfoSoc Working Groups of the European University Institute will host a lecture with our very own PermKat Eleonora Rosati (Stockholm University). Review the report here. Consult the archive here.

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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. You can read a comment on the AG Opinion by Bernt Hugenholtz here , as well as the European Copyright Society’s opinion on the case here.

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Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright.

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The IPKat

APRIL 25, 2024

Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.

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

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The IPKat

FEBRUARY 2, 2025

If you missed out on The IPKat, then join this Kat for a recap of the interesting cases reported last week! Copyright Alessandro Cerri explored a recent decision of the Intellectual Property Enterprise Court of the High Court of England & Wales on copyright infringement in a TV format. Extension of Deadline!

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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.

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The IPKat

SEPTEMBER 29, 2022

Ubertazzi was one of the leading intellectual property academics in Italy (as well as a great lawyer), founder and editor of the most important Italian copyright journal (AIDA) and editor and author of the most widely used Commentary on Italian intellectual property laws.

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The IPKat

FEBRUARY 17, 2022

Can a work entirely created by a machine be protected by copyright? COPYRIGHT OFFICE, REPORT TO THE LIBRARIAN OF CONGRESS BY THE REGISTER OF COPYRIGHTS 5 (1966). First, held the Board, a machine cannot enter into any binding legal contract. were actually conceived and executed not by man but by a machine.”

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The IPKat

AUGUST 19, 2021

Earlier this year, The IPKat reported on the judgment of the Grand Chamber of the Court of Justice of the European Union (CJEU) in VG Bild-Kunst , C-392/19 , an important case concerning contractual restrictions to linking under EU copyright law (on that occasion, I also updated my linking table: see here ).

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TorrentFreak

JUNE 7, 2023

Lawsuits that seek to explore new ground are often complex, but the idea that YouTube’s restriction of access to Content ID effectively amounts to a breach of copyright law seems as much a stretch today as it did three years ago.

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The IPKat

SEPTEMBER 30, 2022

And here is the second part of the report about the intense day of study dedicated to the memory of Prof. Marco Ricolfi (who, besides, was also this GuestKat's esteemed professor) gave a learned lecture with many references also from the philosophy of law entitled “ IP in the algorithmic society: between metamorphosis and continuity ”.

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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.

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SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? IIM ) , and their applicability cannot be waived by contract.

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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. “Miramax’s copyright claim fails because it misapprehends fundamental principles of copyright law and ignores the clear language of the agreements and assignments,” Tarantino’s lawyers write.

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TorrentFreak

AUGUST 26, 2024

Early June 2024, Italian media reported on comments made by the head of telecoms regulator AGCOM at the Serie A Festival a few days earlier. Faced with a relentless flood of domain names and IP addresses reported for blocking (Feb to July, pdf ) , Capitanio said that the system had begun to timeout. All New Piracy Shield 2.0

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The IPKat

JUNE 29, 2022

Image: Riana Harvey The key change to note at this stage, then, is the introduction of a TDM copyright and database exception. The report states that the Government will identify suitable legislation to make the required changes in due course. IP is key to innovation.

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LexBlog IP

DECEMBER 17, 2021

This combined data is then used for synthesis, modeling and reporting, with the goal of making some or all of it available to the public. In legal terms, those rights are intellectual property (IP) rights such as copyright, patents, and trademarks, confidentiality obligations, and contract rights.

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Kluwer Copyright Blog

JANUARY 9, 2023

YouTube’s first Copyright Transparency Report 2021 – A step towards “factfulness” by Jan Bernd Nordemann. At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. In any case, this first YouTube Report is indeed a promising start (Paul Keller, op cit.), Factfulness, p.

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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.

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BYU Copyright Blog

AUGUST 5, 2024

Francis On April 1st, 2024, we reported on a case involving professional photographer Mando Morlos (Morlos) and St. Francis") for copyright infringement and breach of contract. Francis argues that Morlos breach of contract claim is preempted because the clauses in their contract are all covered by copyright law.

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Copyright Lately

NOVEMBER 21, 2021

Miramax claims, among other things, that the preparation and sale of these derivative works constitutes copyright infringement because the contractual rights Tarantino reserved in his 1993 agreement with Miramax don’t cover NFTs. The breathless media reports soon followed. This is, after all, supposed to be a copyright case.

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LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). NFTs may offer opportunities for U.S. resale royalties).

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TorrentFreak

MAY 9, 2024

After almost a decade of fine-tuning, including amendments to copyright law, the administration of Australia’s pirate site-blocking system looks organized and reliable. More recently, however, the time between application and blocking injunction has contracted.

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Kluwer Copyright Blog

SEPTEMBER 30, 2024

The reference, which is poised to result in one of the most significant CJEU judgments in the copyright law field, concerns the validity of a number of provisions of the Law of 19 June 2022 , which transposed the 2019 Copyright in the Digital Single Market Directive (CDSMD) in Belgium.

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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. To put it another way, the law does not concern itself with trifles.

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TorrentFreak

MAY 13, 2022

Sony, Universal, and Warner, for example, aren’t releasing new movies or music but existing contracts are being honored, meaning that older content is still licensed and legally available. That was widely misinterpreted in media reports as permission from the Russian government to pirate everything but that was not the case.

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The IPKat

NOVEMBER 28, 2021

Katfriend Jan Jacobi reported on a recent judgment of the Court of Appeal of The Hague (19 October 2021) dealing with the Van Doren Lifestyle judgment, which deserves special attention. TRADE MARKS In the context of European trade, proving trade mark exhaustion can be challenging. Montagnani, OUP, 912 pp.),

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Velocity of Content

AUGUST 10, 2022

In the aftermath of Brexit, many publishers were wondering if the UK — with its strong tradition of supporting the rights of publishers, authors, and artists — would provide another voice in defense of copyright. Having just read a new report from the UK’s Intellectual Property Office (IPO), this tradition is at serious risk.

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The IPKat

DECEMBER 5, 2021

As previously discussed , the Copyright (Rights and Remuneration of Musicians, Etc.) Bill proposed new laws for equitable remuneration for streaming, contract adjustment, right of revocation and transparency. to modernise the law so it reflects the reality of the music industry." This bill is not about anarchy in the UK.

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Kluwer Copyright Blog

DECEMBER 12, 2022

Concomitantly, the imposition of APCs has created new, and sometimes insurmountable, barriers to publication for researchers that are not affiliated to a contracting institution. [6] 8b Ordinary publishing contracts between authors and publishers on which the “Big Deals” largely rely, however, rarely, if ever, provide for such remuneration.

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