SpicyIP

JUNE 26, 2024

A general lack of clarity on the issue of information asymmetry and inaccessibility for PwDs was recently brought to light in the matter of Prof. Fair Dealing under Copyright Law The Copyright Act was amended in 2012 to include an exception to the copyright of authors with respect to accessibility through section 52 (1)(zb).

Copyright 81

Copyright Copying Publishing Cinema 81

Velocity of Content

DECEMBER 14, 2023

After all, many kinds of published literature, including news, blogs, books, journals, and standards — including the organizations’ own materials — are protected by copyright laws that place limits on how content can be used by others without the rightsholder’s permission.

Licensing 98

Licensing Copyright Publishing Journalism 98

43(B)log

FEBRUARY 16, 2022

Summary of argument: The constitutional goal of copyright protection is to “promote the progress of science and useful arts,” Art. 8, and the first copyright law was “an act for the encouragement of learning,” Cambridge University Press v. It is that functionality, and not the copying, to which Apple truly objects.

Derivative Work 90

Derivative Work Fair Use Copying Copyright 90

TorrentFreak

DECEMBER 22, 2023

“Because these publishers have such concentrated market power […], authors that want to reach wide audiences rarely have the negotiating power to retain sufficient control from publishers to independently authorize public access like that at issue here,” the Alliance adds. Thus, CDL should be upheld under fair use.

Copyright 119

Copyright Fair Use Publishing Marketing 119

Technology & Marketing Law Blog

JULY 4, 2022

” Indeed, the court says “the Deposit Copy reads like a manual, instructing a user how to generate digital messages—and convert those digital messages to analog signals—that Pyrotechnics’s control panel and field module can send and understand.” ” Pyrotechnics’ copyright registration then starts to fall apart.

Copyright 131

Copyright Copying Registration Marketing 131

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. Take-Two also demanded damages for alleged misrepresentations in the defendants’ DMCA counternotices.

Fair Use 145

Fair Use Copying Copyright Copyright Law 145

TorrentFreak

SEPTEMBER 15, 2023

‘Library Genesis,’ or ‘Libgen’ for short, is a group of pirate websites through which a vast array of written material is illegally copied and distributed online without any authorization, and with no remuneration to copyright holders.” “[T]he Sites undermine the very purpose of U.S.

Copyright Infringement 126

Copyright Infringement Publishing Copyright Copying 126

Plagiarism Today

AUGUST 2, 2022

Back in January, the crypto group Spice DAO (decentralized autonomous organization) made headlines for spending approximately $3 million to acquire a physical copy of the book Jodorowsky’s Dune , a bible for a planned Dune move that would have been made in the 1970s. . The payment beyond excessive.

Copyright 245

Copyright Non-Fungible Tokens Technology Plagiarism 245

The IP Law Blog

NOVEMBER 30, 2023

The court found, as a matter of law, that Ross copied portions of the Westlaw headnotes. Ross challenged Thomson Reuters’ copyright in the headnotes and raised a fair use defense. With regard to the headnotes, the court observed that if a headnote merely copies a judicial opinion, it is uncopyrightable.

Copyright Infringement 123

Copyright Infringement Copyright Fair Use Copying 123

The IPKat

JANUARY 25, 2022

The cover provides the requisite information—title, author, and publisher. We are also informed that photograph itself is by RMN Photo—Arnaudet. As such, mechanical reproduction can never be authentic, nor can a copy ever be perfect, because it is detached from its aura. But of course. But this is not the case for works of art.

Art 133

Art Artwork Copying Moral Rights 133

The IP Law Blog

MARCH 2, 2023

According to Getty Images, Stability copied Getty’s photographs with associated text and metadata to train its Stable Diffusion model, which uses AI to generate computer-synthesized images in response to text prompts. According to Getty, this is clear copyright infringement.

Copyright Infringement 104

Copyright Infringement Copyright Fair Use Technology 104

Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

Kluwer Copyright Blog

OCTOBER 18, 2023

1] From this perspective, it can be argued that the introduction of a limitation-based remuneration right will preserve the anthropocentric approach to copyright law, preventing an upside-down scenario where human creativity becomes instrumental to artificial intelligence. In the EU, Art. In particular, Art. Thouvenin, A. Peukert, T.

Copyright 124

Copyright Art Licensing Copyright Law 124

Kluwer Copyright Blog

DECEMBER 11, 2023

A newly introduced article on “Obligations for providers of general-purpose AI models” includes two distinct requirements related to copyright. More interestingly, the provision explicitly links the use of copyrighted works for training AI models to the text and data mining (TDM) exception in Article 4 of the CDSM Directive. .”

Copyright 145

Copyright Copyright Law Publishing Public Domain 145

TorrentFreak

FEBRUARY 6, 2023

For the past several years, Chinese-manufactured Ubox IPTV boxes have flooded the market in Taiwan. Taiwan made amendments to copyright law that outlawed piracy-configured devices. According to information reviewed by TorrentFreak, Taiwan’s Ministry of Justice sought cooperation from the U.S.

Reporting 127

Reporting Copyright Law Copyright Government 127

Kluwer Copyright Blog

JUNE 17, 2021

The CJEU starts by restating its relevant case law on the database sui generis right, mainly Innoweb , The British Horseracing Board and Others , and the Fixtures Marketing cases. [1]. The CJEU says that Melons does give “users access, on its own website, to job advertisements contained in [CV-Online Latvia’s] database […].”

Database Right 52

Database Right Law Copyright Law Advertising 52

IP and Legal Filings

OCTOBER 23, 2021

Technology and copyright law. Copyright laws play a crucial role in protecting creative expressions such as literary works, artistic works and musical works. Through copyright enforcement, an exclusive right is granted to creators. International efforts to curb copyright infringement in the digital space.

Copyright 80

Copyright Copyright Law Technology Artistic Work 80

Technology & Marketing Law Blog

MAY 13, 2024

— For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

Kashishipr

OCTOBER 27, 2021

Like all commercially viable information, APIs can also be safeguarded in the form of trade secrets, provided the entity owning it takes positive steps to maintain the information as a secret, and the same is capable of accruing substantial benefits. Copyright and APIs. Is the copyright work informational or creative in nature?

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Law Fair Use 98

TorrentFreak

APRIL 19, 2024

copyright law, Internet providers must terminate the accounts of repeat infringers “in appropriate circumstances.” Many ISPs have been reluctant to take such drastic measures, which triggered a wave of copyright infringement lawsuits in recent years with WideOpenWest ( WOW! ) as one of the targets.

Copyright Infringement 82

Copyright Infringement Copyright Copyright Law Copying 82

SpicyIP

JULY 5, 2021

In Rajeev Kumar vs Jamia Millia Islamia (12th April 2021), an extremely interesting tussle was seen with the copyright over a thesis being pitted against a person’s right to obtain information under the Right to Information Act, 2005. Background. Assessment. suo moto mandatory disclosures. suo moto mandatory disclosures.

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

Kluwer Copyright Blog

OCTOBER 3, 2023

It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). 2000) (“ copying an entire work militates against a finding of fair use. ”). 110-111).

Fair Use 134

Fair Use Privacy Copyright Technology 134

TorrentFreak

FEBRUARY 18, 2023

Over the past few years, millions of people in dozens of countries have continuously gorged on rumors, speculation, misinformation, disinformation and, on rare occasions, actual information pertaining to Prince Harry and Meghan Markle. Eksmo told TASS that permission from copyright holders is not required for retelling. Plagiarism?

Publishing 80

Publishing Cinema Copying Artistic Work 80

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

Larson & Larson

JUNE 21, 2021

Without a shred of doubt, copyright law envisages the protection of the copyright holder’s rights. The most common limitation where the exclusive rights of a copyright holder can be limited fall under the doctrine of fair use- a defense against copyright infringement. What is Fair Use?

Fair Use 52

Fair Use Copying Copyright Marketing 52

IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Therefore, DCs cannot be freely transacted in the Chinese market.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

TorrentFreak

APRIL 27, 2024

Anti-Piracy Veteran Retires Earlier this month, Tim Kuik informed TorrentFreak that he’s retiring, passing on the baton to BREIN’s new director Bastiaan van Ramshorst. Speaking with TorrentFreak, Kuik recalls that the home video market was just opening up. The downside was that pirates would create bootleg copies.

Copyright Infringement 99

Copyright Infringement Copying Content Creation Marketing 99

IP and Legal Filings

JULY 21, 2022

Among the other solutions, the most easy and feasible way to come out of the problem of unavailability and unaffordability was to start copying the books, study materials, and video lectures with the help of different mechanisms. Copyright ensures certain minimum rights and it has never been an absolute right.

Copyright 90

Copyright Licensing Higher Education Copying 90

Technology & Marketing Law Blog

NOVEMBER 30, 2022

Plaintiffs sufficiently allege conduct that encourages or assists infringement, specifically, that “Defendants continued to provide service to their subscribers despite knowledge that their subscribers were using the service to engage and facilitate massive piracy of Plaintiffs’ copyright protected Works.”

Copyright 128

Copyright Advertising Advertising Copyright Infringement 128

Technology & Marketing Law Blog

AUGUST 12, 2021

Under the Copyright Act, display. means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.”. But isn’t all of copyright law form over substance?

Social Media 140

Social Media Copyright Fair Use Licensing 140

BYU Copyright Blog

SEPTEMBER 27, 2021

In the educational market, Chegg, Inc. Pearson argues that “by using and copying Pearson’s original creative content to make answer sets based on that content, Chegg infringes Pearson’s exclusive rights as a copyright holder.”Now Chegg") exists as a paid service that assists students in their schoolwork.

Publishing 52

Publishing Copyright Law Copying Copyright 52

IP and Legal Filings

JANUARY 8, 2023

When someone violates a creator’s exclusive rights to a piece of work, they are engaging in copyright infringement. modification, and other forms of copying of the work fall under this category. Music as well as the movie industry are two common industries that face copyright issues on a day to day basis.

Copyright 78

Copyright Copyright Infringement Music Copying 78

Velocity of Content

MAY 1, 2024

This article appears in the Information Today May 2024 print issue. Do the creators and users of large language models (LLMs) and as sociated generative AI applications infringe the copyrights of content creators? Thus, it can be said that they have made complete and exact copies of everything they have ingested.

Fair Use 52

Fair Use Copying Licensing Copyright 52

TorrentFreak

OCTOBER 7, 2021

Triller’s allegation, that Ethan Klein admitted that the copy of the fight he watched was pirated, does not amount to anything since viewing such content is not an offense, the defendants argued. ‘Unlisted’ Video Was a “Bootlegged” Copy. URL of Unlisted Video Was Displayed In Podcast.

Fair Use 110

Fair Use Copying Copyright Infringement Copyright 110

The IP Law Blog

AUGUST 17, 2023

Under this test, a digital image is considered to be “fixed” in a tangible medium of expression for purposes of the Copyright Act (the “Act”) when it is stored on a computer’s server. This ultimately means that when a copy of an image is not stored on a computer’s servers but merely “embedded” onto a website, search engine, etc.,

Social Media 98

Social Media Copyright Copying Copyright Infringement 98

IIPRD

NOVEMBER 14, 2023

However, it is challenging for legal systems to adjust to the needs of the contemporary information era. of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1]

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

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 72

Copyright Law Law Copyright Copying 72