The IPKat

MARCH 5, 2024

To paraphrase Jane Austen, it is a truth universally acknowledged that a book about authors, drama, or publishing before the modern era will likely have been written by a scholar of literature and culture rather than by a legal researcher. This is a book review provided by former PermaKat, Neil Wilkof. Read, learn, and enjoy.

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Ownership Intellectual Property Law Publishing Copying 56

IPilogue

AUGUST 4, 2021

These range from allegedly violating copyright (the subject of much debate on forums) to leaking functional API keys (i.e., Intellectual property law professor Andres Guadamuz argues that Copilot, as it stands, does not infringe copyright. providing access to an app’s otherwise inaccessible databases).

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Copyright Infringement Copyright Licensing Intellectual Property Law 112

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

IP and Legal Filings

OCTOBER 7, 2022

The protection of creators’ rights and their intellectual property is the main goal of intellectual property laws. They need to be accepted by the law. One of many Indian laws that defends creators’ intellectual property rights is the Copyright Act of 1957.

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Intellectual Property Intellectual Property Law Copyright Infringement Copyright 52

IPilogue

FEBRUARY 21, 2022

The scholars acknowledged the government’s commitment to “keep pace” with technological developments in AI while protecting the public interest through Federal statute (the Copyright Act ). Society of Composers, Authors and Music Publishers of Canada. The scholars rejected the notion of copyright protection for AI-generated works.

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Government Copyright IP Intellectual Property 111

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.

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Blogging Copyright Contracts Cease and Desist 80

IP and Legal Filings

OCTOBER 28, 2022

Most significantly, “the development of blockchain technology” has been accepted as a legal business activity by the Indonesian standard industrial business categorization code, which was published in 2020. Provisions of intellectual property law will be applicable to NFTs. storage of electronic data overseas.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 89

The IPKat

AUGUST 6, 2023

The book, titled Developments and Directions in Intellectual Property Law. Twenty Years of The IPKat was published by Oxford University Press in spring 2023. The second article is by Ms Maria Martin-Pratt, ‘Twenty Years After – the State of EU Copyright Law’.

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Intellectual Property Law Intellectual Property Law Copyright Law 52

Canadian Intellectual Property Blog

OCTOBER 13, 2021

Hendley”), and his publisher, James Lorimer & Company Ltd., the defendants, for copyright infringement. In 1954, Mr. Kelley published a book called The Black Donnellys , which was published and sold as a nonfictional account of a notorious family from Lucan, Ontario. Kelley”) sued author, Nate Hendley (“Mr.

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Copyright Copyright Infringement Publishing Intellectual Property 52

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. In addition to rights of the author, German copyright law also recognises related rights.

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Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. In a report published on 13 October, the European Parliament emphasized the essential role of cultural and creative sectors and industries (CCSI).

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Copyright Law Copyright Law Reporting 112

Kashishipr

SEPTEMBER 15, 2021

Like all other art forms, choreographic works in dance and their steps have been expressly recognized under the Copyright Laws of different jurisdictions. Now it has become a common ‘dance routine’ or social dance step, which cannot be governed by copyright law. Why Consider Registering a Copyright?

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Copyright Registration Music Copyright Law 105

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works.

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Copyright Related Rights Artistic Work Public Domain 55

LexBlog IP

FEBRUARY 29, 2024

January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. But not so fast.

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Public Domain Intellectual Property Copyright Trademark 52

SpicyIP

MARCH 15, 2022

We are pleased to bring you a guest post by Mili Baxi, on the development of a publisher’s right in digital media. Mili is a graduate of Institute of Law, Nirma University, currently completing her LLM at LSE. European Union and Australian Approach for Press Publishers’ Interest. Image from here.

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IP and Legal Filings

AUGUST 14, 2023

Copyright is a more complicated problem. Per Article 5(2) of the Berne Convention [9] , copyright is established without the need for any further procedures. Person A makes a copy of the movie on his phone and shares it with his friends. Which law to choose then?

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

Part 1 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 is available here , and parts 3 and 4 will be published on the blog over the coming days. . Exploitation rights (Sections 15-24 UrhG).

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Law Copyright Copyright Infringement Television 52

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. European Commission, Study on copyright and new technologies – copyright data management and artificial intelligence. Austro-Mechana, C-433/20.

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Copyright Law Copyright Law Music 58

LexBlog IP

MARCH 7, 2022

Moreover, in 2020, TikTok was forced to enter into a global agreement with the National Music Publishers Association (“NMPA”) in response to NMPA’s allegation that at least half of the music on the application was unlicensed and in direct violation of copyright laws.

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Copyright Social Media Music Copyright Infringement 52

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. iii] While intellectual property remedies are painfully slow, the internet is on the cutting-edge of fast paced communication. xxiv] Intellectual property law recognizes a limited monopoly-esque property right for the creator.

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Copyright Infringement Copyright Intellectual Property Blogging 98

SpicyIP

OCTOBER 27, 2023

On September 7, the Ministry of Consumer Affairs published the Draft Guidelines for Prevention and Regulation of Dark Patterns 2023, inviting comments from the public. Misuse of copyrighted content: It also includes misuse of copyrighted material, such as using images or content without permission to mislead users.

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IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Kluwer Copyright Blog

AUGUST 24, 2022

As previously reported , between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents).

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Government Intellectual Property Licensing Copyright 94

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.

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Copyright Derivative Work Fair Use Copyright Law 52

The IPKat

AUGUST 24, 2021

On 30 September, his new book Restitution: The Return of Cultural Artefacts will be published by Lund Humphries. 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.

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Art Copyright Editing Publishing 98

Technology & Marketing Law Blog

AUGUST 30, 2021

But much like George Washington’s army, even though Flo & Eddie lost many individual battles, they ultimately won the war, as their quixotic litigation campaign prompted Congress to grant protection to pre-1972 sound recordings equivalent to that provided to newer sound recordings under federal copyright law.

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Blogging Copyright Settlement Ownership 85

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. More from our authors: Law of Raw Data.

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Contracts Copyright Law Cease and Desist 98

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” market for religious publishing and products at $6.8 copyright law. ” (at page 9 and 13). ” Id.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Kluwer Copyright Blog

MARCH 28, 2022

In this sense, the case represents yet another evidence of the weak impact of the CJEU’s harmonizing efforts on national copyright flexibilities, and highlights, once again, the pressing need for a legislative intervention to realize a greater convergence between Member States’ copyright laws in action. by Christopher Heath. €

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Kluwer Copyright Blog

JANUARY 20, 2022

At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. It was taken down after one hour, as it was subject to a copyright notice by a news channel relying on the US DMCA. Copyright actions on such large and important platforms like YouTube may be abusive or otherwise unjustified.

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Kluwer Copyright Blog

APRIL 20, 2022

As promised in an earlier contribution , I will provide a more reasoned exploration of the Swedish proposal to Article 17 DSM Directive in view of the fact that the Ministry of Justice did not opt for the copy-paste implementation technique. 1. Hors d’oeuvre: deconstructed Article 17 served on traditional copyright law principles.

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Copyright Government Law Intellectual Property Law 64

LexBlog IP

MARCH 27, 2023

ChatGPT responded with the following, which for the most part is accurate, but gets details such as the “founding date” wrong: Marshall Gerstein is a law firm based in Chicago, Illinois, that specializes in intellectual property law. Currently, under current laws, including those of the U.S.,

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

We are happy to announce that going forward we will be publishing an annual review of the case law of the German Bundesgerichtshof, authored by Jan Bernd Nordemnann (NORDEMANN law firm). Germany has always had an extensive judicial practice in copyright law. Definition of a work (Sections 2-5 UrhG). 4, (2) UrhG. [1].

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Moral Rights Law Copyright Copyright Law 52

Kluwer Copyright Blog

FEBRUARY 3, 2022

There has been widespread press coverage of Meghan Markle’s (the Duchess of Sussex) recent success in a claim which she brought against the publishers of the Daily Mail, Mail on Sunday and the Mail Online website (“the Mail”). that Ms Markle’s copyright was outweighed by the Mail’s right to freedom of expression under Article 10 of the ECHR.

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Kluwer Copyright Blog

APRIL 28, 2022

This bodes ill for the numerous verbatim implementations of Article 17 by Member States who have tried to kick the can down the road by simply copy-pasting Article 17 into their national copyright laws and leaving the difficult question of how it should be applied in practice to the European Court of Justice.

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Copyright Law Intellectual Property Law Public Domain 106

LexBlog IP

APRIL 20, 2022

Where IP Spring Cleaning Starts : Whether applied to home or office, literally or figuratively, spring cleaning’s cultural, historic, and biological roots have intellectual property law analogs and other legal offshoots. ’ (Op. Neither Marano [v. ’ See, e.g., Google, Slip op. at 24-28, Dissent at 15-17.

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