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.

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Copyright Law Copyright Law Fair Use 52

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.

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Copying Law Copyright Law Copyright 52

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.

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Copyright Copyright Law Business Intellectual Property 116

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. In the many years that have since passed, the 1976 Act has been updated many times.

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Copyright Fair Use Copyright Law Copyright Notice 116

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. Take-Two licensed Randy Orton’s likeness from WWE.

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Fair Use Copying Licensing Copyright 112

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.

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Derivative Work Copying Copyright Infringement 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.

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Design Patent Copyright Law Intellectual Property Designs 52

Copyright Lately

JANUARY 23, 2024

A first-of-its-kind copyright infringement trial is scheduled to begin today in Los Angeles. Like the tattoo at issue in the case, the lawsuit is poised to leave a lasting impression, not only on copyright law, but the entire multi-billion-dollar tattoo industry. The Good, the Bad and the.

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Social Media Fair Use Copyright Infringement Copying 139

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.

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IP Ownership Non-Fungible Tokens Copyright Law 109

IPilogue

NOVEMBER 11, 2021

Professor Vaver spoke on the origins of fair dealing in Canada and its differences and similarities in comparison to the American legal concept of “fair use”, its evolution throughout the history of Canadian common law jurisprudence, and its potentially far-reaching future beyond Canada and copyright law. .

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Fair Use Copyright Law Copyright Intellectual Property 110

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.

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Blogging Copying Social Media Copyright 96

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.

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IP Designs Design Registration 86

IP and Legal Filings

MAY 1, 2023

According to Section 14 of the Copyright Act of 1957 , copyright is the exclusive right to perform or authorise the performance of any of the following acts in relation to a work or any significant portion thereof: Any kind of reproduction is permitted, including saving the work in any format. There might be more things to think about.

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Copyright Infringement Copyright Copyright Law Copying 87

Technology & Marketing Law Blog

MARCH 6, 2024

He ultimately summarizes: “District court decisions within the Sixth Circuit have held that plaintiffs must show the defendant ‘intentionally and knowingly’ copied the copyrighted work.” Causation, as used in the traditional sense, refers to the connection between the tort and the plaintiff’s harm.

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Copyright Trademark Law Publishing Copyright Infringement 101

LexBlog IP

MAY 19, 2023

Goldsmith was whether or not Warhol’s use of Goldsmith’s photograph as a reference and departure point for the creation of an image of Prince constituted fair use or copyright infringement under U.S. copyright law. Copyright law in the U.S. copyright law.

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Fair Use Derivative Work Copyright Law Art 52

Kluwer Copyright Blog

OCTOBER 3, 2022

Welcome to the third 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. This is a preliminary reference from the Portuguese Supereme Court, which interprets the notion of “cable restransimission”.

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Copyright Law Copyright Law Music 111

IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. Copyright law protects you as a musician by preventing unauthorized use of your creative works.

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Intellectual Property Cease and Desist Copyright Law Music 52

Intepat

JUNE 15, 2023

Hence, the purpose of this blog is to delve into the significance of copyright protection, the limits of protection and the remedies against infringement. What is copyright protection? In the context of the Copyright Act, computer software is categorized as a ‘literary work’. Who owns the copyright?

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

Velocity of Content

DECEMBER 14, 2023

Fast-paced organizations that rely on and invest heavily in R&D should not only regard published content as the heart of innovation, but also possess a deep appreciation of the system of copyright protecting this intellectual property. Success is dependent on collaboration, networking, and sharing information.

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Licensing Copyright Publishing Journalism 98

Kluwer Copyright Blog

FEBRUARY 22, 2023

Photo by Christian Wiediger from Unsplash The implementation transposition of the Copyright Directive 2019/790 (DSMD) in the summer of 2021 represented probably the greatest reform in German copyright law since the German Copyright Act (UrhG) came into force. Germany’s implementation of Art.

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Copyright Law Copyright Law Contracts 52

TorrentFreak

SEPTEMBER 22, 2021

It also references a currently anonymous ‘Person 1’ as a co-conspirator. In order to capture the providers’ content, the defendants allegedly imported devices from China designed to strip High-bandwidth Digital Content Protection ( HDCP ) including at least seven 16-port encoders. Code § 506 and 18 U.S.

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Television Copying Government Social Media 118

SpicyIP

JULY 22, 2023

It states that the current IP regime poses problems in the context of generic computer programs because of the way the algorithms are designed and trained using large data sets. It mentions intellectual property as a part of creating a strong R&D base (refer to page 13). It is not clear what this refers to though.

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IP Intellectual Property Reporting Government 98

Kashishipr

AUGUST 31, 2022

However, in this aspect, what needs to be duly noted is that staying on top of Copyright Laws , rules, and regulations on a content-rich internet can be challenging. It is because not only the internet but the laws, rules, and regulations are also saturated with exceptions, clauses, and legal jargon.

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Moral Rights Copyright Intellectual Property Licensing 52

LexBlog IP

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 52

Derivative Work Copying Copyright Infringement Copyright 52

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices. Most voice model files are actually quite small.)

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Music Copyright Copying Copyright Law 84

IP and Legal Filings

JULY 13, 2022

Till now, this article has focused on the ambit of copyright protection in a relatively generic manner. However, it is also important to assess the position of copyright protection offered to fashion designers specifically and the scope of the same. Copyright Act or Design Act? creativity?

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Copyright Artistic Work Designs Design 70

Kluwer Copyright Blog

OCTOBER 2, 2023

Photo by Markus Spiske on Unsplash Welcome to the third trimester of the 2023 round up of EU copyright law! In this edition, we update you on what has happened between July and September 2023 in EU copyright law. The autumn has started with full speed – the courts and the policy makes have been very active.

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Copyright Law Law Copyright Copying 72

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. Thus, it is the unauthorised use of someone else’s copyrighted work that violates the owner’s rights, such as the right to reproduce, distribute, exhibit, or perform the protected work.

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Copyright Infringement Copyright Public Domain Copying 52

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. “The There’s no written agreement” will do it.] 1” therein.

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False Advertising Ownership Registration Designs 70

The IPKat

JANUARY 31, 2022

Background of the case The facts of the case before the referring Polish court are quite straightforward. The defendants (Castorama Polska and Knor) are accused of infringing the copyrights of the claimant (a company called TB). TB claims it is the right holder of certain images that are protected by copyright under Polish law.

Intellectual Property 97

Intellectual Property Cease and Desist IP Copyright 97

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

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Copying Copyright Law Copyright Social Media 102

The IPKat

JUNE 17, 2023

As regards the last step (comparison) in particular, the Court considered that Cattelan’s work would not reproduce any of the (few) protectable elements of Banana and Orange as identified and listed by the Court below: Comment The decision is a must-read for anyone – especially copyright students!

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Copyright Infringement Copyright Art Artistic Work 143

Kluwer Copyright Blog

APRIL 24, 2023

Video games are complex digital creations designed to be interactive, immersive, capable of fostering players’ creativity, and increasingly, capable of connecting players across the globe. These include the use of private servers (i.e., the unauthorised re-implementation of an online video game server), the use of bots (i.e.,

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Copyright Intellectual Property Copyright Infringement Copying 58

Copyright Lately

OCTOBER 24, 2022

This was the late ’90s, and the entertainment industry was still reeling from a well-publicized copyright infringement lawsuit involving the movie 12 Monkeys. In that case, artist Lebeus Woods claimed that a torture device used in the Terry Gilliam film had been unlawfully copied from his drawing of a wall-mounted chair.

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Artwork Copyright Infringement Copyright Art 89

LexBlog IP

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 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Kluwer Copyright Blog

JANUARY 9, 2024

The 2009 directive on the legal protection of computer programs (the Software Directive ) grants copyright protection to all forms of expression of computer programs. The first is the reproduction right, which covers not only permanent copies but also temporary copies loaded into the volatile memory of a computer.

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Copyright Copying Copyright Law Designs 64

Kluwer Copyright Blog

MARCH 14, 2024

Part I covers decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. Part II will focus on copyright contract law and claims under copyright law. I. Copyright protection 1. This implements Article 5(3)(e) of the InfoSoc Directive.

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Law Music Copyright Art 61