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? “Kiwi Farms users provided a Google Drive link to a full copy of Mr. Greer’s book.” Somebody,” he explained, “created a copy of [his] book and put it in a Google Drive that is accessible on Kiwi Farms.”

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Plagiarism Today

SEPTEMBER 21, 2021

All this raises a simple question: Did the series copy St Onge’s work? Onge and others who spotted the similarities, someone who worked on the series closely copied or even traced St. And despite copying my video, the episode still contains several errors, like saying the Orlando version has 2 ride systems while showing 4.

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The IP Law Blog

AUGUST 26, 2021

Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior to 1972. In doing so, the Ninth Circuit reviewed nearly 200 years of copyright law to reach its conclusion.

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Plagiarism Today

JANUARY 3, 2022

But that raises the question, with the new year what are just a handful of the major copyright stories on the horizon. While there are far too many for any single list, here are 5 copyright stories that you should definitely watch in 2022. 1: The Copyright Small Claims Court. 3: Copyright and the Takings Clause.

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Plagiarism Today

JULY 29, 2021

The goal here is to help developers understand what their rights and responsibilities are under the law and to push back against “unwarranted” takedown notices. It’s unclear how many of those notices deal with Section 1201 disputes versus more traditional issues of copied code and other content.

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TorrentFreak

MAY 17, 2022

This is also what James Gibson , Professor of Law at Richmond University, hinted at. Unlike downloading pirated movies, consuming pirated streams isn’t a clear violation of copyright law. These infringements always require the distribution, reproduction, or public performance of copyrighted content. No Lasting Copy.

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Plagiarism Today

JANUARY 24, 2022

Copyright Office, which is part of the federal government, the work itself is in the public domain. This means that it can be freely copied, printed, shared, distributed without any permission from the U.S. Copyright Office. This is especially true if you’re not interested in copyright from a U.S. perspective.

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JD Supra Law

OCTOBER 1, 2024

A Federal appeals court has ruled that the nonprofit Internet Archive’s “controlled digital lending program” – which creates and lends fully digitized copies of books – does not meet the copyright law’s definition of a fair use. The September 4, 2024, decision in Hachette Books v.

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SpicyIP

APRIL 18, 2025

The court (Justice Gautam Patel) reasoned that Section 15(2) only talks about designs, not artistic works and the Designs Act explicitly excludes artistic works from the definition of design. In that scenario, Section 15(2) wouldnt kick in because it only strips copyright from works that qualify as designs. Stein (U.S.

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Plagiarism Today

AUGUST 9, 2021

After some digging, KokomRoilly found multiple lengthy passages of verbatim copying and posted highlighted passages on their Twitter account. It’s a fairly unique story in plagiarism and highlights the complexities of dealing with plagiarism when the intersection with copyright law is less-than-seamless.

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Kluwer Copyright Blog

JANUARY 5, 2023

It is a common practice to make copies of deteriorating or far away cultural heritage. As of 2022, it is not even a new idea to use digital methods to copy heritage, considering that the mass digitisation of cultural heritage, especially books, started more than two decades ago. Photo by awsloley via Pixabay.

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Velocity of Content

DECEMBER 4, 2024

The Copyright Act provides an exclusive right “to prepare derivative works based upon the copyrighted work” and defines “derivative work” in part as any work “ based upon one or more preexisting works.” This has been a long-standing question in copyright law. 101 (definition of “derivative work”). See 17 U.S.C. §

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The IPKat

JANUARY 24, 2023

The IPKat has received and is pleased to host the following legislative update on the new Ukrainian Copyright Law from Kateryna Militsyna and Liubov Maidanyk (both Taras Shevchenko National University of Kyiv). The law introduced a definition of a work. The lawmakers went even further and introduced its definition.

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TorrentFreak

NOVEMBER 16, 2021

The company demanded damages under copyright law claiming that the team “willfully and maliciously” copied, adapted and distributed its source code and other content without permission. As such, US copyright law lacks reach, the defendants say.

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Biswajit Sarkar Copyright Blog

FEBRUARY 11, 2022

People have become less dependent on print media and more likely to use a digital medium such as computerized documents of soft copies. Given the fact that the copyright law was originally framed to protect literary and artistic works, it needs to be seen how much the law has evolved to grant protection to digitalized works.

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JIPEL Copyright Blog

APRIL 26, 2021

However, an equally long list of controversies accompanies this list of accomplishments, the majority of which involve alleged copying. This pattern begins as far back as May of 2018, when Bernstein was accused of copying pieces from several smaller jewelry lines for a collaboration she did with Nordstrom.

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Kluwer Copyright Blog

MARCH 13, 2023

Pastiche is one of the newer harmonized user rights in EU copyright law. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in 2019. To fill this gap, German fundamental rights NGO Gesellschaft für Freiheitsrechte e.V.

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Michael Geist

OCTOBER 9, 2024

The company’s position has been pretty clear from the start: the law applies to digital news intermediaries that make “news content produced by news outlets available to persons in Canada.” With regard to non-qualifying news outlets, the Online News Act’s definitions provide some answers.

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Kluwer Copyright Blog

MAY 30, 2024

In the EU, Article 4(2) of the InfoSoc Directive specifically addresses exhaustion, stating that the distribution right of the copyright holder is exhausted within the EU after the first sale or other transfer of ownership of a copy of a work with the rightholder’s consent. What could this mean for copyright-relevant upcycling?

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Michael Geist

SEPTEMBER 11, 2023

I had no involvement whatsoever with the statement, but was happy to tweet it out and was grateful for the effort to set the record straight on what has been a relentless misinformation campaign that ignores the foundational principles of copyright law. This error tainted their analysis of several fairness factors.

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Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. The definition of the concept of ‘cable transmission’ was at the centre of the analysis. Photo by Markus Spiske on Unsplash. Austro-Mechana, C-433/20.

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Copyright Lately

NOVEMBER 21, 2021

While the Copyright Act gives the copyright owner the exclusive right to reproduce and distribute a digital file containing a copyrighted work, there’s no such thing as the “exclusive right to mint an NFT” as far as copyright law is concerned. This is, after all, supposed to be a copyright case.

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Intepat

DECEMBER 25, 2024

While the raw data within a database may not be eligible for copyright protection, the originality involved in selecting, organizing, or arranging the data can bring a database under the scope of copyright law. This raises critical questions: What qualifies as originality in the context of database protection?

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IPilogue

OCTOBER 4, 2021

Photocopying classroom materials in a K-12 public school system may have seemed harmless and benign before the 2012 Supreme Court of Canada case, Alberta v Canadian Copyright Licensing Agency (Access Copyright). The decision reframes traditional teaching pedagogies by considering the artist and owner rights under copyright law.

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Michael Geist

AUGUST 5, 2021

The ruling was clear that there is a difference between fair dealing and copying for other purposes and we will continue to ensure that rightsholders are compensated when their works are used for the latter.”. The decision absolutely does not mean a free-for-all on copyright-protected materials used in the classroom.

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Technology & Marketing Law Blog

JANUARY 12, 2024

In a framing case, the plaintiffs’ web servers aren’t the affected chattel because the plaintiffs’ web servers delivered the web pages directly to users’ devices, after which the framer (Google) superimposed its frame on the web pages once the copies were in users’ RAM. ” Even this correction is suboptimal.

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Copyright Lately

NOVEMBER 3, 2023

In a first-of-its-kind ruling, the Ninth Circuit Court of Appeals has revived choreographer Kyle Hanagami’s copyright lawsuit against Fortnite’s Epic Games. Choreography is like the Rodney Dangerfield of copyright law. In the meantime, here’s a copy of the full Ninth Circuit opinion in Haganami v.

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SpicyIP

SEPTEMBER 12, 2024

We are pleased to bring to you this book review of David Llewelyn, Gladys Tan, Estelle Moh Huixuan and Ng Hui Ming’s ‘Modern Law of Copyright in Singapore’, (SAL Academy Publishing, 2023) by Prashant Reddy T. Image from here Book Review: Modern Law of Copyright in Singapore By Prashant Reddy T.

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Copyright Lately

SEPTEMBER 12, 2021

I think the court missed a real opportunity here to return the doctrine to its classic equitable roots, and instead has made it more difficult to dispose of cases involving technical but trivial violations of copyright law. But in 2018, Bell ran a Google reverse image search in an effort to locate unauthorized copies of his photo.

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TorrentFreak

AUGUST 24, 2021

channels, which are only possible to offer after content is copied and stored, contrary to copyright law. In keeping with its usual strategy, DISH also wants to take control of all hard copy and electronic records relating to Nitro TV. The main focus of the lawsuit was Nitro’s VOD offering and so-called ’24/7?

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Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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LexBlog IP

AUGUST 26, 2021

Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior to 1972. In a lawsuit that was originally filed in 2013 titled, Flo & Eddie, Inc.

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Kluwer Copyright Blog

OCTOBER 9, 2022

According to Article 16 EU DSM Directive 2019/790 (“DSM Directive”), a “publisher” may have a claim to a share of the author’s statutory remuneration claims – such as fair compensation for private copies – if the author has granted the “publisher” a right in his work. Publisher” as an autonomous concept of EU law.

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Kluwer Copyright Blog

JULY 19, 2023

The court found that Le Monde’s font is original Article L112-1 of the French Intellectual Property Code (‘IPC’) provides that copyright law protects ‘the rights of authors in all works of the mind, whatever their kind, form of expression, merit or purpose’, without giving a definition of originality.

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IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. The definition of “ original ” as most people understand it refers to something that has never been done before by any person. The Act, however, omits any definition or methodology for judging a work’s originality.

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IPilogue

NOVEMBER 9, 2022

Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. A decision dated August 5, 2022 from the United Kingdom’s High Court of Justice has the potential to expand the definition of “artistic works of craftmanship” under UK copyright law. Liking”), to strike out Water Rower (UK) Ltd.’s

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Kluwer Copyright Blog

SEPTEMBER 18, 2024

Academic integrity and plagiarism issues in this context ultimately also lead us to copyright law. Or do students expose themselves to liability for copyright infringement when using GenAI output? I. GenAI at odds with copyright law? Is the student’s work derived from the copyright-protected work?

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