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. Finally, the CJEU has received its first preliminary references on the CDSM Directive. You can read the previous round-ups here.

Copyright Law 66

Copyright Law Law Copyright Reporting 66

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 96

Copyright Law Copyright Law Copyright Infringement 96

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. It turns out that there’s plenty.

Copying 66

Copying Copyright Law Editing 66

Kluwer Copyright Blog

JANUARY 5, 2023

It is a common practice to make copies of deteriorating or far away cultural heritage. As of 2022, it is not even a new idea to use digital methods to copy heritage, considering that the mass digitisation of cultural heritage, especially books, started more than two decades ago. Photo by awsloley via Pixabay.

Copying 62

Copying Copyright Ownership Intellectual Property 62

SpicyIP

JANUARY 3, 2024

Shivam is a 2020 law graduate from Benaras Hindu University and is a former law researcher at the Delhi High Court. AI Image generated by Shivam, using Gencraft Copyright Bill, 1955: the Best Copyright Law that India Never Had By Shivam Kaushik Seen from Nehru’s eyes , Indian independence was a ‘tryst’ with destiny.

Copyright Law 69

Copyright Law Copyright Law Registration 69

JIPEL Copyright Blog

APRIL 26, 2021

However, an equally long list of controversies accompanies this list of accomplishments, the majority of which involve alleged copying. This pattern begins as far back as May of 2018, when Bernstein was accused of copying pieces from several smaller jewelry lines for a collaboration she did with Nordstrom.

Social Media 52

Social Media Copying Branding Brands 52

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.

Copying 54

Copying Law Related Rights Copyright Law 54

Velocity of Content

OCTOBER 20, 2021

“Machine Learning” (ML) is a concept from computer science that refers to cases of algorithmic processes being applied to data in an iterative fashion (i.e., Building on this real-world foundation, the second panel will examine “ How Existing Copyright Regimes Address Issues Relating to Machine Learning.” to 2:30 p.m.

Copyright Law 105

Copyright Law Copyright Social Media Law 105

Kluwer Copyright Blog

JUNE 16, 2021

In 2019, Artem Stoliarov, a Russian DJ whose stage name is Arty, filed a lawsuit before the US District Court for the Central District of California, alleging that Marshmello’s song ‘ Happier ’ copied the synthesizer melody from his 2014 remix of OneRepublic’s ‘I Lived’ (OneRepublic is an American pop rock band). From remixes to remasters.

Music 98

Music Copyright Law Copyright Law 98

IP and Legal Filings

APRIL 19, 2022

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957. Information Technology Act,2000.

Copyright Law 74

Copyright Law Copyright Law Copyright Infringement 74

IP and Legal Filings

SEPTEMBER 29, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

Kluwer Copyright Blog

JULY 16, 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. The draft law on the rights of professional artists will significantly change how the private copying levy system has been functioning in Poland so far.

Copying 52

Copying Law Copyright Law Copyright 52

IP and Legal Filings

OCTOBER 4, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

Copyright Law 52

Copyright Law Copyright Law Fair Use 52

Barry Sookman

APRIL 27, 2024

Copyright lawyers always want to keep up with developments in copyright law. Earlier this week I gave my annual copyright update to copyright lawyers at an ALAI Canada meeting. A copy of my presentation can be accessed below. However, I also referred to several U.S. cases for comparative purposes.

Copyright 73

Copyright Copyright Law Copying Law 73

Biswajit Sarkar Copyright Blog

MARCH 22, 2022

Section 2(qq) of the Copyright Act, 1957 has provided meaning to the term performer stating that the term would include acrobat, singer, musician., Subsequently, performance can be referred to as the representation of any visual or acoustic presentation which has been performed by one or more performers.

Copyright Law 52

Copyright Law Copyright Law Public Domain 52

TorrentFreak

MAY 14, 2022

After being uploaded in the preceding days, on April 26 the company filed a complaint at YouTube alleging copyright infringement. As the takedown notice shows, Riot Games demanded not only the removal of the video, but also any additional copies that may be uploaded in the future. Riot Games Uses Copyright Law to Unmask Uploader.

Copying 95

Copying Social Media Copyright Copyright Law 95

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.

Fair Use 40

Fair Use Copying Intellectual Property Copyright 40

TorrentFreak

JULY 10, 2024

For good measure, copies of the Yuzu judgment and the injunction that restrains its developers are supplied for reference. Specifically, yuzu illegally circumvents Nintendo’s technological protection measures and runs illegal copies of Nintendo Switch games,” the notice reads.

Copying 106

Copying Copyright Copyright Law Technology 106

LexBlog IP

DECEMBER 17, 2021

The other forms of IP rights such as Patent, and Trademark did not apply to this discussion on data insofar as the term refers to information only, as opposed to a method or process applied to that data (Patent).

Copyright Law 52

Copyright Law Law Copyright Intellectual Property 52

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.

Copyright 87

Copyright Copying Copyright Law Marketing 87

IP and Legal Filings

AUGUST 6, 2024

Creators of Art can have complete knowledge about Indian copyright law to ultimately break the code of registration. If creators really wish to ensure the protection of their intellectual rights, they can gain enormous amount of knowledge by regularly studying the Indian copyright law techniques.

Registration 98

Registration Copyright Intellectual Property Artistic Work 98

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 113

Copyright Copyright Law Business Intellectual Property 113

The IP Law Blog

AUGUST 3, 2023

It has been referred to as one of the top copyright cases to watch this year. Instagram, LLC , questioned the scope and validity of the Server Test, a copyright doctrine that was established by the 9th Circuit and has since been rejected by a number of courts. This case, Alexis Hunley, et al v. Amazon.com, Inc. ,

Copying 98

Copying Copyright Social Media Copyright Infringement 98

Plagiarism Today

JANUARY 3, 2022

2: SoundExchange Royalties Dispute with Music Choice to be Referred to Copyright Royalty Board. Copyright Law, works lapse into the public domain on January First of the year their copyright expires. Milne’s book Winnie the Pooh.

Public Domain 196

Public Domain Music Derivative Work Licensing 196

The IPKat

MARCH 13, 2022

Kat- quotation There is little doubt that one of the most (if not the most) significant exceptions in copyright law is the one relating to quotation, criticism or review. It then immediately (and correctly) rejected both arguments of the Court of Appeal referred to above, finding them devoid of any legal merit. The answer is no.

Copyright Law 102

Copyright Law Copyright Law Artwork 102

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 112

Copyright Derivative Work Fair Use Reporting 112

The IP Law Blog

MARCH 14, 2024

The plaintiffs alleged that OpenAI copied their published books, which are protected by copyright law, and used them in a training dataset for its LLM. The Court then turned its attention to the various claims beginning with the vicarious copyright infringement claim.

Derivative Work 112

Derivative Work Copying Copyright Infringement Copyright 112

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. In the many years that have since passed, the 1976 Act has been updated many times.

Copyright 116

Copyright Fair Use Copyright Law Copyright Notice 116

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.

Copyright 74

Copyright Copying Publishing Cinema 74

IP and Legal Filings

JANUARY 16, 2024

The libraries use this concept of CDL justify the mass digitalization of copyright works digital versions of their legally obtained items and lending them to patrons in a controlled manner. This rule covers lending digital copies of copyrighted works, while works in the public domain can be freely digitized.

Copyright 85

Copyright Fair Use Public Domain Copying 85

Indiana Intellectual Property Law

FEBRUARY 16, 2024

The issue revolved around copyright infringement claims brought by UIRC-GSA Holdings against William Blair, a financial services company. UIRC-GSA Holdings (hereafter referred to as UIRC) alleged that Blair copied certain documents used in bond offerings, which UIRC claimed copyright protection over.

Copyright 52

Copyright Copyright Infringement Copying Copyright Law 52

TorrentFreak

MAY 27, 2024

Certain books written by Plaintiffs are part of Books3 — including the Infringed Works — and thus NVIDIA necessarily trained its NeMo Megatron models on one or more copies of the Infringed Works, thereby directly infringing the copyrights of the Plaintiffs,” the authors claimed. There are no counterclaims either.

Copyright Infringement 101

Copyright Infringement Copyright Fair Use Copying 101

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.” Copyright Infringement (17 U.S.C. § 101 et seq.)

Copyright Infringement 120

Copyright Infringement Publishing Copyright Copying 120

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

JULY 4, 2024

OpenAI suggests that the ‘source’ information will help to determine what parts of the articles are ‘original’ and worthy of copyright protection, which may help it to counter the copyright infringement claims. The expressive nature of a work is determined by reference to the work itself.

Copyright 134

Copyright Public Domain Copyright Infringement Reporting 134

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.

Designs 93

Designs Design Copyright Copyright Infringement 93

TorrentFreak

JULY 29, 2024

In layman’s terms, by meddling with the appearance of the publisher’s website in users’ browsers, AdBlock Plus breached Axel Springer’s rights under copyright law. Eyeo dismissed the claim as “almost absurd” and Springer carried on regardless. What Would a Win Look Like?

Copyright 121

Copyright Publishing Copyright Law Privacy 121