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. Photo by Markus Spiske on Unsplash. You can read the previous round-ups here.

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Copyright Law Copyright Law Music 109

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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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!

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Copyright Law Law Copyright Reporting 68

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.

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Copying IP Copyright Law Designs 97

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.

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Copyright Law Copyright Law Reporting 111

TorrentFreak

JANUARY 4, 2022

Despite a reported development and marketing budget in excess of $100m, Genshin Impact is free to play but is monetized via gacha game mechanics. This is the type of behavior that has attracted copyright infringement lawsuits in the past but in this case, the makers of Genshin XYZ are using copyright law to prevent piracy of their product.

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Copying Copyright Infringement Intellectual Property Copyright 144

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.

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Copyright Law Copyright Law Copying 126

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.

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Copyright Fair Use Copying Blogging 121

Kluwer Copyright Blog

JULY 15, 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 (also known as the blank media tax or levy). Part II looks at the compliance of the draft changes with EU law. million Euro.

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Copying Law Related Rights Copyright Law 55

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.

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Copying Copyright Law Technology Copyright 108

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.

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Copyright Law Copyright Law Music 58

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.

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Copying Social Media Copyright Copyright Law 111

Intepat

NOVEMBER 19, 2024

In today’s world, copyright laws are essential for protecting creative works like books. For business owners, publishers, and sellers, understanding copyright can prevent legal issues and ensure fair use of content. Copyright grants the author or creator exclusive rights to use, distribute, and sell their work.

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Business Public Domain Copyright Fair Use 52

Kluwer Copyright Blog

JULY 7, 2022

Welcome to the second 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 perhaps one of the most awaited judgemnts in the history of EU copyright law. Photo by Markus Spiske on Unsplash.

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Copyright Law Copyright Law Publishing 52

TraskBritt Intellectual Property

APRIL 10, 2021

When developing Android, Google had copied the text and format of function calls from Oracle’s Java SE Application Programming Interface (API). LEXIS 1864 (2021), the Supreme Court held that Google’s copying was permissible fair use. In Google LLC v. 18-956, 2021 U.S. Software and IP.

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Fair Use Copying Intellectual Property Copyright 40

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.

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Copyright Law Fair Use Law Artistic Work 94

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.

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Copying Copyright Law Copyright Law 58

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.

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Marketing Marketing Branding Branding 81

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. You can read the previous round-ups here.

Copyright Law 58

Copyright Law Law Copyright Publishing 58

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The courts need to understand the degree to which such usage may harm the work or decrease the profits for the owner of the copyright. Today, this doctrine has become one of most popular doctrines in the realm of copyright law. It allows people a positive defense against the infringement of copyright. Definition.

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Fair Use Copyright Law Copyright Law 52

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.

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Copyright Law Settlement Copying Copyright 128

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.

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Plagiarism Public Domain Copyright Law Copyright 202

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.

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Copyright Copyright Law Publishing Copyright Infringement 210

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.

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Plagiarism Art Marketing Marketing 279

Kluwer Copyright Blog

NOVEMBER 16, 2023

Photo by Udo Pohlmann via Pixabay Over the last decades, European lawyers got used to the – at times remarkable and even forceful – interventions of the Court of Justice of the EU (CJEU) in copyright law. The Safarov case In 2009, Safarov authors a book. The exhaustion doctrine was conceived with physically sold hardcopies in mind.

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Copyright Copying Copyright Law Publishing 89

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 93

Kluwer Copyright Blog

OCTOBER 7, 2021

Welcome to the third 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 AG suggests that the private copyright exception applies in the cloud, but a separate levy may not be payable. Photo by Markus Spiske on Unsplash.

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Copyright Law Copyright Law Television 58

TorrentFreak

SEPTEMBER 2, 2024

Parrish Publishes LifeWise’s Children’s Curriculum, LifeWise Sues In the belief that the curriculum contains information supportive of the opposition group’s cause, Parrish obtained a copy of the closely-guarded documents and, in the public interest, posted them publicly online.

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Fair Use Copyright Law Publishing Copyright 112

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.

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Copyright Artwork Copying Social Media 96

SpicyIP

JUNE 26, 2024

On a broad reading, there seems to be an obvious conflict of two areas of law, where the RPwD Act mandates fundamental access to all content but the Copyright Act grants the author the right to control how their works are copied.

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Copyright Copying Publishing Cinema 78

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.

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Copyright Fair Use Copyright Law Copyright Notice 116

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.

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Reporting Music Copyright Law Copyright 98

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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TorrentFreak

JUNE 24, 2024

Two Targets, Two Lawsuits The RIAA announced not one, but two copyright infringement lawsuits on Monday, filed against two of the most impressive services in the generative AI music market. Udio owner Unchartered Labs was sued in the US District Court for the Southern District of New York, while Suno, Inc.

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Music Copyright Fair Use Copying 101

Kluwer Copyright Blog

AUGUST 16, 2021

Welcome to the second 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 copyright in these two titles expired at the beginning of 2021. Photo by Markus Spiske on Unsplash. Apologies to readers that this one comes a bit late.

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Copyright Law Copyright Law Art 52

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.

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Copyright Copyright Law Business Intellectual Property 115

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].

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Copyright Marketing Marketing Copyright Law 98