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. The rapporteur is very well-known to all copyright enthusiasts – Mr Axel Voss. Photo by Markus Spiske on Unsplash.

Copyright Law 121

Copyright Law Copyright Law Reporting 121

Plagiarism Today

FEBRUARY 10, 2022

Though he clarified that they were not “direct copies”, he claimed there were similarities in style, color choices and techniques used that were overwhelming to him. This market has been described repeatedly as a scam. In the case of the art market, those two entities are largely the same. Bottom Line.

Plagiarism 279

Plagiarism Art Marketing Marketing 279

IP Watchdog

AUGUST 22, 2021

This time, however, WPL’s arguments pose grave dangers to all owners of other copyrighted works. Avoiding the years of investment and fine-tuning that SAS undertook to create its market-leading software, WPL undercut SAS’s price in the market and lured away SAS’s customers.

Copyright Law 126

Copyright Law Copyright Law Copying 126

Plagiarism Today

JANUARY 19, 2022

1: Government Pauses Plans to Rewrite UK Copyright Laws After Authors Protest. Without this rule, many authors fear the UK market would be flooded with cheaper international copies. The IPO has said that it will continue evaluating potential changes to copyright law but did not set a timetable.

Copyright 228

Copyright Copyright Law Publishing Copyright Infringement 228

Technology & Marketing Law Blog

OCTOBER 17, 2023

But if you really want Kiwi Farms gone, have you considered using copyright law for its censorial power? “Kiwi Farms users provided a Google Drive link to a full copy of Mr. Greer’s book.” Somebody,” he explained, “created a copy of [his] book and put it in a Google Drive that is accessible on Kiwi Farms.”

Copyright Law 115

Copyright Law Copyright Law Copyright Infringement 115

Plagiarism Today

MAY 11, 2022

Josh Hawley’s Move to Strip Disney’s Copyrights Called ‘Blatantly Unconstitutional’. He claims that it aims to revoke Disney’s “special” copyright protections though the law would rewrite copyright law for all creators. According to Sen.

Plagiarism 221

Plagiarism Public Domain Copyright Law Copyright 221

TorrentFreak

MAY 14, 2022

On the flip side, today’s interconnected world has the ability to transform leaks into powerful advertising and hype, keeping message boards and social media alive with discussion of exciting new products, at zero cost to official marketing teams. Riot Games Uses Copyright Law to Unmask Uploader.

Copying 129

Copying Social Media Copyright Copyright Law 129

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 Design 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

TorrentFreak

JANUARY 10, 2023

An interesting feature of copyright law is its tendency to lag behind the times while new technology races ahead and exploits its numerous ‘loopholes’ One of the most famous loopholes was ‘exposed’ when streaming overtook BitTorrent to become the delivery method of choice for millions of video-oriented pirates.

Copyright Law 143

Copyright Law Settlement Copying Copyright 143

The IPKat

JANUARY 27, 2025

Case C-840/24 concerns the distribution, by collective management organisations (CMOs), of proceeds from private copying and lending rights. The request asks whether publishers may benefit from a fund, run by a CMO and funded through compensation for private copying exception and public lending rights. They are both members of VG Wort.

Copying 68

Copying Publishing Art Copyright 68

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).

Copying 72

Copying Art Marketing Marketing 72

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 263

Copyright Non-Fungible Tokens Technology Plagiarism 263

Technology & Marketing Law Blog

AUGUST 19, 2024

The Eleventh Circuit agrees, quietly dismissing the case in an unpublished opinion. * * * The short opinion addresses the copying-in-fact element, sidestepping the possibly more interesting copyrightability, wrongful copying, and fair use questions. Cattelan appeared first on Technology & Marketing Law Blog.

Copyright 122

Copyright Fair Use Copying Blogging 122

Technology & Marketing Law Blog

JULY 4, 2022

Pyrotechnics registered a copyright in its protocol and sued FireTek for copyright infringement. ” Pyrotechnics’ copyright registration then starts to fall apart. .” ” Pyrotechnics’ copyright registration then starts to fall apart. Implications.

Copyright 145

Copyright Copying Registration Marketing 145

Traverse Legal Blog

MARCH 3, 2021

There is an increasing number of brands, talent agencies, and influencers looking to leverage influencer marketing. Celebrities, Influencers, Talent Agents, Marketing Agencies & Brands. We represent agencies, marketing agencies trying to line up influencer campaigns for their clients, for brands.

Marketing 81

Marketing Marketing Brands Branding 81

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 8, 2024

The conclusion of that lawsuit declared that an emulator like Yuzu, that circumvents Nintendo’s technical measures, decrypts Switch games using unauthorized copies of Switch cryptographic keys, allowing games to be played on anything other than a Switch, violates copyright law. And it doesn’t stop there.

Copying 121

Copying Copyright Law Technology Copyright 121

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. Plaintiff Actually Encouraged Game Mods.

Fair Use 145

Fair Use Copying Copyright Copyright Law 145

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. A previous trend in the music industry is confrimed – streaming is the leading revenue source in nearly all markets. Photo by Markus Spiske on Unsplash.

Copyright Law 64

Copyright Law Copyright Law Music 64

Traverse Legal Blog

NOVEMBER 25, 2024

What Is Accidental Copyright Infringement. 2024 Update) Accidental copyright infringement occurs when someone unknowingly violates copyright law. This can happen due to: Lack of Understanding: Not fully comprehending copyright laws and regulations. the nature of the copyrighted work.

Copyright Infringement 98

Copyright Infringement Copyright Web Design Fair Use 98

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 136

Copyright Fair Use Copying Publishing 136

43(B)log

JUNE 17, 2022

The existence of that audience further bears on the market effect factor because it shows that the accused and accusing works are not pure substitutes. at 591 (same for factor four, market effect). Where a reasonable, identifiable audience recognizes new message and meaning, the transformativeness factor favors fair use.

Copyright Law 72

Copyright Law Fair Use Law Artistic Work 72

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 139

Copyright Fair Use Publishing Marketing 139

Kluwer Copyright Blog

DECEMBER 8, 2021

In a previous post on this Blog, we analysed the EU case law relating to the emerging services of Cloud Service Providers ( C-265/16 , V-CAST), as well as the impact of the new EU Directive on copyright in the Digital Single Market (CDSM). The Austro-Mechana case and the right to claim private copying levy.

Copying 64

Copying Copyright Law Copyright Law 64

The IPKat

JANUARY 25, 2022

As such, mechanical reproduction can never be authentic, nor can a copy ever be perfect, because it is detached from its aura. The copyright lawyer might well respond with a glazed look. Copyright law developed to protect the commercial potential of (literary) works in an age of multiple reproduction. But of course.

Art 134

Art Artwork Copying Moral Rights 134

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 138

Copyright Infringement Publishing Copyright Copying 138

Technology & Marketing Law Blog

JUNE 2, 2022

Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. “Von D presumably did not need to copy the pose from the Portrait in order express a sentiment of melancholy.” Market Effect. Background. ” Huh?

Copyright 145

Copyright Social Media Fair Use Licensing 145

Kluwer Copyright Blog

MAY 30, 2024

Copyright exhaustion At first sight, the doctrine of copyright exhaustion would seem to provide an immediate shelter to such upcycling practices given their focus on repurposing of the old items that had previously been already placed on the market with the copyright holder’s consent, and not the creation of new, unauthorized items.

Copyright 124

Copyright Copyright Law Business Intellectual Property 124

IIPRD

JANUARY 22, 2025

One such legal issues is what is referred to as “fair use,” which becomes particularly problematic in the context of the copyright law. Such databases may include work that is copyrighted. Another important factor is market effect. Image Sources: Shutterstock] Authors Guild v. Google, Inc.

Fair Use 95

Fair Use Intellectual Property Derivative Work Copyright Law 95

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

Kluwer Copyright Blog

JULY 27, 2022

Source: European Copyright Society. Almost 3 years after the adoption of the Digital Single Market ( Directive (EU) 2019/790 ) (CDSM Directive), its transposition by the Member States (MS) has proved to be a significant challenge. Preservation of Cultural Heritage (Article 6). All ECS opinions are archived here: [link].

Copyright 98

Copyright Marketing Marketing Copyright Law 98

Technology & Marketing Law Blog

JUNE 27, 2023

Copying-in-Fact. If a plaintiff can’t show mechanical copying through direct evidence, it can establish copying inferentially by showing that the defendant had access to the copyrighted work and that it’s improbable the works’ similarities were due to the defendant’s independent creation.

Copyright 98

Copyright Artwork Copying Social Media 98

TorrentFreak

JULY 29, 2024

With a global market reported to be worth around $5 billion, karaoke may make people smile but for investors it’s a serious business. “The total estimated market value is approximately $1.1 ” From: TF , for the latest news on copyright battles, piracy and more. million (US$140,820),” Customs reports.

Reporting 111

Reporting Music Copyright Law Copyright 111

Technology & Marketing Law Blog

FEBRUARY 17, 2022

According to the complaint, when Apple learned of the app, it liked the idea—so much so, in fact, that it copied it. These screenshots (from the complaint) show the alleged copying: I trust the differences are immediately apparent. The post Apple Defeats Copyright Lawsuit Over Emoji Depictions–Cub Club v.

Copyright 145

Copyright Copying Blogging Intellectual Property 145

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

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