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

Plagiarism Today

OCTOBER 13, 2021

As such, new copies of Makan are now unavailable on major retailer websites. One quick look at the examples shows clearly that Haigh copied words from other sources and then attempted to rewrite the relevant passages. copyright law, one typically cannot copyright a recipe itself.

Plagiarism 246

Plagiarism Publishing Copying Editing 246

The IPKat

OCTOBER 1, 2022

Here’s what Felicia writes: Archival Authenticity or Iconic Copies? It also suggests that copying might have some effect on our understanding of what is and is not iconic. copyright law or European copyright law, most of the designs in the “Ciao, Kim” collection might be hard-pressed to be copyrighted.

Copying 97

Copying IP Copyright Law Designs 97

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.

Copyright Law 80

Copyright Law Law Copyright Copying 80

The IPKat

NOVEMBER 30, 2023

The GUIs at issue in THJ What does originality in copyright law mean? Recently, it was tackled once more by the Court of Appeal of England and Wales in a case – THJ v Sheridan [2023] EWCA Civ 1354 – concerning copyright protection of graphic user interfaces (GUIs). This is an evergreen – yet still vexed – question.

Copyright Law 97

Copyright Law Law Copyright Copying 97

Kluwer Copyright Blog

APRIL 4, 2023

Image by C Dustin via Unsplash Despite the increasing use of streaming services, where media content is not stored on local devices, but merely accessed online, the private copying exception (Art 5(2)(b) InfoSoc Directive) remains at the center of European jurisprudence. The CJEU decision C‑433/20 Private copies? Dropbox, iCloud).

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Copying Art Marketing Marketing 72

SpicyIP

MARCH 1, 2025

Similar to owning physical copies of a book they can do whatever they wish with their copies under the fair use doctrine but the relationship of consumers and Kindle is not one of buyer and seller, but licensee and licenser. Section 52 espouses the exceptions to infringement of copyright under the Fair Dealing Doctrine.

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Copying Editing Licensing Copyright 59

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

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.

Fair Use 145

Fair Use Copying Copyright Copyright Law 145

TorrentFreak

APRIL 23, 2024

The organization literally archives key parts of the Internet, copying older versions of websites to preserve them for future generations. The organization doesn’t license authorized digital copies from publishers; instead, its books are scanned and digitized in-house. IA has plenty of other archive projects too.

Copyright 138

Copyright Fair Use Copying Publishing 138

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?

Copyright 124

Copyright Copyright Law Business Intellectual Property 124

The IPKat

JANUARY 25, 2022

Works of art, in the form of the reproduction of a painting, frequently adorns the cover of a reissued edition of a renowned novel. Consider the following book cover of the Penguin Classics edition of Jane Austen's novel, " Mansfield Pak ". The copyright lawyer might well respond with a glazed look. But of course.

Art 134

Art Artwork Copying Moral Rights 134

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. ↩︎ Paul Goldstein, Goldstein On Copyright § 7.3 (3d

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Derivative Work Copyright Moral Rights Copyright Law 52

TorrentFreak

MAY 9, 2022

Most copyright infringement lawsuits filed by the recording industry are aimed at sites, services and individuals involved in the unlicensed online distribution of music. During the operating period the 37-year-old man (who isn’t named by the court) did not seek permission from copyright holders to reproduce and distribute lyrics. .

Copyright Infringement 125

Copyright Infringement Copyright Music Editing 125

TorrentFreak

JANUARY 17, 2024

It involved the use of copyrighted content to create an alleged ‘parody’ (one that many people would find offensive), the distribution of that content to the public via Twitter, and a defendant claiming immunity under copyright law. When he copied and then rebroadcast the news report, that was copyright infringement.

Copyright 141

Copyright Derivative Work Fair Use Reporting 141

IPilogue

OCTOBER 4, 2024

His chapter probes the future of copyright law, attempting to turn the focus of copyright to collaborative authorship. Damola Adediji is a Visiting Researcher with IP Osgoode and Doctoral Candidate with the Centre for Law, Technology & Society at the University of Ottawa.

Copying 75

Copying Ownership Graphic Design Copyright 75

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 copyright in these two titles expired at the beginning of 2021. More from our authors: Law of Raw Data. Photo by Markus Spiske on Unsplash.

Copyright Law 64

Copyright Law Copyright Law Music 64

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.

Copyright 131

Copyright Copying Fair Use Editing 131

Kluwer Copyright Blog

JULY 29, 2024

Photo by ThisisEngineering on Unsplash In November 2024, the CJEU cast light on the right to fair compensation under the private copying exception harmonised by Article 5(2)(b) InfoSoc Directive and the thorny issue of whether broadcasters are entitled to it. This post considers this judgment.

Copying 78

Copying Copyright Law Editing 78

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. Llewelyn and T.

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Copyright Law Copyright Law Intellectual Property 81

Kluwer Copyright Blog

DECEMBER 8, 2021

Even though that Court’s judgment was very specific to the V-Cast service, it left room, arguing a contrario and subject to certain conditions, to consider the mere provision of Cloud storage services of audio-visual content, with reproductions made on individual requests of end-users, to be covered by the private copying exception.

Copying 64

Copying Copyright Law Copyright Law 64

SpicyIP

FEBRUARY 28, 2025

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Hence, through their operational frameworks, the platforms complained of were alleged to infringe the copyright, and broadcasting rights held by Star India. [This post is authored by Tanishka Goswami.

IP 59

IP Copyright Infringement Copyright Copyright Law 59

IIPRD

MARCH 5, 2025

Blog sought to study global moves or court cases that have taken place regarding uses of copyright in made-always-with-an-AI creation and provide discussion over possible solutions to the future of intellectual property laws. Copyright Act regulates the works which are created by humans only.

Copyright 52

Copyright Intellectual Property Copyright Law Artwork 52

Copyright Lately

SEPTEMBER 8, 2024

Internet Archive (read the opinion here) , the court dealt a decisive blow to the Internet Archive, ruling that its practice of scanning and lending digital copies of books doesn’t qualify as fair use under the Copyright Act. When the electronic book is “checked out,” the physical copy is removed from circulation.

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Publishing Copying Fair Use Licensing 100

Kluwer Copyright Blog

JUNE 29, 2023

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

Copyright Law 64

Copyright Law Law Copyright Publishing 64

TorrentFreak

FEBRUARY 17, 2023

On one hand, unauthorized mass copying and distribution of movies, TV shows, and music is widely recognized as copyright infringement. The general consensus is that copyright law favors the publishers, but in a recent motion to dismiss, Elbakyan had other things on her mind too.

Publishing 142

Publishing Ownership Copyright Copying 142

The IPKat

AUGUST 24, 2021

Here is what Alexander has to say: It was a delight to learn last year that Simon Stokes, copyright solicitor at Blake Morgan in London, was working on a third edition of his eminently useful Art and Copyright. Much has changed in the world of copyright since the last edition was published in 2012.

Art 98

Art Copyright Editing Publishing 98

Intepat

DECEMBER 18, 2024

This article explores the essentials of copyright licensing in podcasting, debunks common myths, examines relevant case laws, and provides actionable steps to ensure compliance while maintaining creative freedom. For podcasters, ensuring copyright compliance should be as fundamental as sound editing or episode planning.

Licensing 52

Licensing Copyright Public Domain Music 52

SpicyIP

JULY 29, 2021

Limitations on storage of copied works in digital formats. Section 51 deals with infringement, not exceptions, and Sub-section 51(1) does not even exist – showing how carelessly the Report has been drafted and edited.]. Another major issue is that it only superficially touches upon issues relevant to copyright law.

Copyright 119

Copyright Reporting Fair Use Copyright Law 119

IP and Legal Filings

MAY 13, 2024

In doing so, it calls into question a fundamental assumption of many traditional intellectual property (IP) frameworks as copyright laws only protect works created by humans and not AI. AI additionally possesses no copyright on the material that it generates. Copyright law protects just the expression, not the idea itself.

Copyright 98

Copyright Intellectual Property Ownership Technology 98

Traverse Legal Blog

JANUARY 26, 2022

There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. The article titled “Cryptobros spent $3 million on Dune book, believing it gave them copyright. nThe book and the copyright ownership are two distinct things. The NFT bought the Dune book for 2.6

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Ownership Copying 97

TorrentFreak

FEBRUARY 23, 2022

. “In 2021, Reddit received 177,450 copyright notices reporting 920,672 pieces of content. We removed 665,898 pieces of content in response to these takedown notices,” the company reveals in the latest edition of its transparency report. Any copyright notices sent to Reddit must comply with various rules.

Copyright Infringement 127

Copyright Infringement Copyright Copyright Notice Reporting 127

IP and Legal Filings

SEPTEMBER 20, 2023

However, many a times, we witness these designs being copied or recreated. Copying designs as well as creating replicas of any sort which closely resemble the general composition or the original blueprint infringes the right of the creator. To counter this issue laws are placed so that the original ideas can be protected.

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Designs Design Copyright Copyright Infringement 105

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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Copyright Higher Education Copyright Infringement Ownership 130

Kluwer Copyright Blog

JUNE 20, 2023

In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law.

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Artwork Contracts Ownership IP 98

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.

Copyright 138

Copyright Copyright Law Fair Use Law 138

TorrentFreak

SEPTEMBER 24, 2024

Anne never saw her diary in printed form, as the first copies were published by her father Otto Frank in 1947. Since then, it’s been translated into more than 70 languages, selling more than 30 million copies around the world. As a result, the copies published by the Dutch Anne Frank Stichting , are blocked for Dutch visitors.

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Copyright Publishing Art Copying 123