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 69

Copyright Law Law Copyright Copying 69

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. Design Rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

The IPKat

OCTOBER 1, 2022

Here’s what Felicia writes: Archival Authenticity or Iconic Copies? According to The Business of Fashion , Kardashian “tweaked Dolce & Gabbana styles from the 1990s and early 2000s” creating “finished looks” with Domenico Dolce and Stefano Gabbana “that were, the designers said, about 20 percent different from the originals.”

Copying 97

Copying IP Copyright Law Designs 97

IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. From 2013 to 2015, Cartier filed various design patents for their iconic panther designed jewelry.

Designs 52

Designs Design Copyright Artistic Work 52

LexBlog IP

SEPTEMBER 27, 2021

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work.

Designs 52

Designs Design Copyright Artistic Work 52

TorrentFreak

MAY 17, 2022

Long before the advent of legitimate online video streaming services, torrent sites and similar platforms allowed users to download and keep copies of movies and TV shows. Is it permissible to download and keep copies of movies and TV shows if you’ve paid for a legal subscription? Copyright Law and DRM.

Copying 113

Copying Social Media Licensing Technology 113

JD Supra Law

JANUARY 12, 2023

Mask Work Infringement - In analogizing semiconductor chips to traditional areas of copyright law, the legislative history notes that, just as a plagiarist who copies only one chapter of a book may be held liable for infringement, a person may be liable for copying a part of a mask work if it is a qualitatively important portion that results in substantial (..)

Copying 98

Copying Designs Design Copyright Law 98

JIPEL Copyright Blog

APRIL 26, 2021

How does an influencer and fashion designer become so despised? In this case, via alleged copyright infringement. However, an equally long list of controversies accompanies this list of accomplishments, the majority of which involve alleged copying. If successful, this would mean TGE could not file an infringement suit).

Social Media 52

Social Media Copying Branding Brands 52

IPilogue

MARCH 2, 2023

Recently in Alexander v Take-Two Interactive Software, Inc , a jury of the US District Court of the Southern District of Illinois concluded that tattoo artist Catherine Alexander has a valid copyright claim in the designs she tattooed on World Wrestling Entertainment Inc. For now, the law is still hazy. megastar Randy Orton.

Copyright Law 106

Copyright Law Copyright Law Artwork 106

LexBlog IP

JANUARY 11, 2023

In analogizing semiconductor chips to traditional areas of copyright law, the legislative history notes that, just as a plagiarist who copies only one chapter of a book may be held liable for infringement, a person may be liable for copying a part of a mask work if it is a qualitatively important portion that results in substantial similarity.

Designs 52

Designs Design Copying Copyright Law 52

TorrentFreak

JANUARY 4, 2022

The wide feature range of Genshin XYZ appears designed to undermine that monetization since the tool allows players to cheat their way to progress instead. Github’s Analysis Results in Takedown. However, Github wasn’t convinced that the crack ‘pirate’ committed any offenses in that respect.

Copying 140

Copying Copyright Infringement Intellectual Property Copyright 140

IP Tech Blog

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

Designs 57

Designs Design Copyright Design Patent 57

LexBlog IP

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Compendium: Chapter 1200, sections 1201-1202. In particular, Section 1213.2

Registration 40

Registration Designs Design Copying 40

TorrentFreak

DECEMBER 14, 2021

Importantly, however, none of this is illegal in the UK so, in what appears to be an overreaction with significant potential for overreach, lawmakers want changes to copyright law to retip the balance of power. Even then, anyone with a camera can record an event, without breaking copyright law.

Copyright Law 108

Copyright Law Copyright Law Television 108

LexBlog IP

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

Designs 52

Designs Design Copyright Intellectual Property 52

IP and Legal Filings

SEPTEMBER 29, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

Kluwer Copyright Blog

JULY 19, 2023

In 2020, the creator of Le Monde newspaper’s font, together with the company he founded, brought a copyright infringement case against Google and the company that created the ‘Spectral’ font. The court therefore ruled that the font of Le Monde’s newspaper is an original typographic work that can as such be protected by copyright.

Copying 52

Copying Copyright Infringement Copyright Law Copyright 52

IP and Legal Filings

OCTOBER 4, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

Copyright Law 52

Copyright Law Copyright Law Fair Use 52

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.

Plagiarism 200

Plagiarism Graphic Design Copying Artwork 200

Kluwer Copyright Blog

JULY 16, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy. The draft law on the rights of professional artists will significantly change how the private copying levy system has been functioning in Poland so far.

Copying 52

Copying Law Copyright Law Copyright 52

LexBlog IP

FEBRUARY 26, 2024

Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later. In general it is a good idea to register fashion products which have a reasonable expectation of commercial success as designs or, where possible, as shape-trademarks before they appear on the catwalk.

IP 52

IP Designs Design Copying 52

TorrentFreak

JULY 10, 2024

For good measure, copies of the Yuzu judgment and the injunction that restrains its developers are supplied for reference. The yuzu emulator is primarily designed to play Nintendo Switch games. A DMCA takedown notice sent to GitHub dated July 5, 2024, is a perfect example.

Copying 106

Copying Copyright Copyright Law Technology 106

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. What could this mean for UK and Canadian copyright law?

Art 73

Art Artistic Work Copyright Law Designs 73

IPilogue

DECEMBER 9, 2022

In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of the tattoos. Citing Muhammad-Ali v. Final Call, Inc.,

Fair Use 112

Fair Use Copying Licensing Copyright 112

LexBlog IP

OCTOBER 4, 2022

While copyright law is at the center of a few recent disputes over intellectual property protection for typefaces and fonts, design patents are an often-overlooked mechanism for protecting these designs. and NBCUniversal Media, LLC relating to alleged copying of fonts. Copyrights. Design Patents.

Design Patent 52

Design Patent Copyright Law Intellectual Property Designs 52

Velocity of Content

JANUARY 25, 2024

“Is offshoring the training of AI a credible and efficient response to minimize copyright compliance risks or is offshoring merely a theoretical argument designed to both influence lawmakers and for government relations purposes?” Artificial Intelligence (AI) is global, and copyright laws are national.

Copyright 98

Copyright Copyright Law Copyright Infringement Government 98

IPilogue

OCTOBER 28, 2021

Copyright Creeping into Costumes. In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Kluwer Copyright Blog

MAY 30, 2024

However, copyright protection may unexpectedly clash with this sustainable practice, as certain upcycled items could include copyrighted prints, ornaments, or design patterns from the original materials, such as new clothing items made out of old bed sheets, curtains, or tablecloths , or jewellery made from broken porcelain.

Copyright 113

Copyright Copyright Law Business Intellectual Property 113

Velocity of Content

OCTOBER 19, 2023

The culmination of a decades-long effort, and well before the Digital Millennium Copyright Act and Copyright Term Extension Act were passed in 1998, the 1976 Copyright Act ushered in a new era of copyright law in the United States. Nation Enterprises.

Copyright 116

Copyright Fair Use Copyright Law Copyright Notice 116

The IPKat

DECEMBER 4, 2023

Incidentally, both proceedings stemmed from a long-running dispute between Piaggio and a Chinese company accused by the former of parasitically copying the Vespa design. patents for technical functionality and copyright and design rights for substantial value) gets circumvented through trade mark law.

Designs 134

Designs Design Copyright Registration 134

The IPKat

DECEMBER 26, 2023

Ann Wolff, a sculptor started working with Kosta Boda, a Swedish glass manufacturer, in 1972, creating the iconic "snowball" glass lantern, a staple of Swedish household design: As of today, more than 15 million copies of the glass lantern have been sold worldwide.

Contracts 61

Contracts Designs Design Copyright Law 61

The IPKat

MARCH 10, 2022

The IPKat's favourite Le Pliage When you have a handbag design bestseller with over 54 million copies sold around the world since its creation in 1993, the question concerning the IP rights vesting in it is not just an academic one. The case concerned Longchamp’s Le Pliage “cult” bag.

IP 86

IP Designs Design Registration 86

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. The purpose of copyrights is to protect creative works, including writings, from infringement. It has been debated whether NFTs/DC could be protected in China by design patents.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

The IP Law Blog

MARCH 14, 2024

The plaintiffs alleged that OpenAI copied their published books, which are protected by copyright law, and used them in a training dataset for its LLM. The Court then turned its attention to the various claims beginning with the vicarious copyright infringement claim.

Derivative Work 112

Derivative Work Copying Copyright Infringement Copyright 112

TorrentFreak

APRIL 23, 2023

copyright law. With no copyright experts immediately available on TikTok or Facebook, we turned to the UK’s third pillar of wisdom to get answers the big questions. ” 2) Sites’ whole purpose was to “circumvent the copyright-protecting safeguards” built into services like YouTube.

Music 123

Music Copyright Technology Copyright Law 123

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 96

Blogging Copying Social Media Copyright 96