The IP Law Blog

DECEMBER 2, 2021

The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement claim or to depart from this approach and apply the Second Circuit’s “ordinary observer” test instead. In Johannsongs-Publishing, Ltd.

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Copyright Infringement Copyright Copying Art 98

IP and Legal Filings

JANUARY 13, 2023

Copyright infringement and De Minimis are often replaced to complement each other. However, de minimis is sometimes used as a defence in a copyright lawsuit. More often than not, the lawsuits filed for copyright infringement are cases of de minimis and thereto, get dismissed on the anvil of frivolity. INTRODUCTION.

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Copyright Infringement Copyright Copyright Law Journalism 52

Kluwer Copyright Blog

JULY 11, 2022

The Intellectual Property Enterprise Court (IPEC), part of the English High Court, has ruled that copyright subsists in the character of Derek ‘Del Boy’ Trotter and that a character can be protected as a literary work under the UK’s closed list of copyright works ([ 2022] EWHC 1379 IPEC ).

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Copyright Infringement Copyright Music Intellectual Property 108

The IPKat

MAY 12, 2023

When one hears the claims of copyright infringement, confidential information and employment claims one can readily assume that this is an employer/ex-employee dispute. It was then, that PQ's solicitors wrote to Mr Aughton alleging breaches of confidence and infringement of copyright.

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Copyright Infringement Copyright Confidentiality Copying 65

Plagiarism Today

DECEMBER 6, 2022

2: UK Judge Delivers Mixed Ruling on Copyright Infringement in the Famous Love Story that Inspired Doctor Zhivago. A judge in the case has ruled that, while the order and selection of events can be protected by copyright, that TSWK did not copy those elements from Lara and, instead, took them from primary sources.

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Music Copying Licensing Copyright Infringement 188

TorrentFreak

JULY 14, 2024

However, a quest by local parents, to raise public awareness of the nature of that instruction, has led to one of their group in Indiana being sued by LifeWise for copyright infringement. Copyright Complaint, Religious Controversy Filed in the Northern District of Indiana (Fort Wayne Division) on July 2, 2024, plaintiff LifeWise Inc.

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Copyright Licensing Fair Use Derivative Work 107

Copyright Lately

APRIL 6, 2024

A federal court has shot down a copyright infringement lawsuit claiming that Top Gun: Maverick flew too close to a 1983 magazine article that inspired the original film. The case may also serve as a cautionary tale when historical source material is used as the inspiration for an entertainment project.

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Copyright Copyright Infringement Social Media Licensing 89

LexBlog IP

DECEMBER 2, 2021

The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement claim or to depart from this approach and apply the Second Circuit’s “ordinary observer” test instead.

Copyright Infringement 52

Copyright Infringement Copyright Art Copying 52

Plagiarism Today

SEPTEMBER 6, 2022

1: The Texas Chainsaw Copyright Infringement? Bastrop County Business Sued by Film Copyright owner. The gas station was a filming location for the 1974 film The Texas Chainsaw Massacre and, since the film’s release, the station has played host to conventions, meet and greets and other events.

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Plagiarism Licensing Reporting Settlement 208

Velocity of Content

OCTOBER 19, 2023

On this day in 1976, President Gerald Ford signed the “new” US Copyright Act. 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.

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Copyright Fair Use Copyright Law Copyright Notice 116

JIPL Online

APRIL 9, 2021

Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] ii] Existing copyright law is ineffective in its application to new forms of digital media. i] Memes are also a form of communication that distinguishes generations.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IPilogue

DECEMBER 20, 2021

While most creators support fandoms, with some even regularly appearing at fan conventions , the line between appreciating a creator’s work and copying can be blurred. What may seem like a harmless activity in the spirit of fandom can at times give rise to copyright infringement. .

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Copyright Television Copyright Infringement Derivative Work 122

TorrentFreak

SEPTEMBER 7, 2021

Filed in May, the complaint alleged two types of copyright infringement, violations of the Federal Communications Act (FCA), conversion, and violations of the Computer Fraud and Abuse Act. According to them, that’s not infringement. In July, Triller filed its second amended complaint which added Teddy Fresh Inc.

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Copyright Fair Use Copyright Infringement Copying 110

Kluwer Copyright Blog

AUGUST 25, 2023

Perhaps it comes as no surprise that a copyright dispute regarding a fire- breathing – sneezing dragon would get so heated. It said this showed it had not copied the book. Nevertheless, shortly before Christmas 2021, Ms Evans commenced proceedings against John Lewis and adam&eve alleging copyright infringement.

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Copyright Copying Copyright Infringement Social Media 52

Kluwer Copyright Blog

APRIL 22, 2024

The rise in popularity of non-fungible tokens (NFTs) has attracted a great deal of attention from copyright practitioners and aficionados. Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. And why is that? an exploitation that caused them no harm).

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Copyright Artwork Moral Rights Non-Fungible Tokens 114

Plagiarism Today

AUGUST 31, 2022

1: Sony Music sues Triller Claiming Copyright Infringement, Alleging it is Owed Millions. 2: Paramount Brings ‘Coming To America’ Claim Before Copyright Claims Board To Shut Down McDowell’s Pop-Up. 3: Fashion Nova Names Rival in Copyright Lawsuit Over “Stolen” Product Images. Have any suggestions for the 3 Count?

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Cease and Desist Music Copyright Infringement Licensing 148

TorrentFreak

SEPTEMBER 27, 2022

The Russian Government has also made matters worse for US copyright holders. Copyright Groups Conerned. IIPA is aware of this but believes that it’s important to keep the focus on copyright issues despite the conflict and sanctions. From: TF , for the latest news on copyright battles, piracy and more.

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Cinema Copyright Intellectual Property Licensing 133

TorrentFreak

SEPTEMBER 4, 2023

Since Sony’s Betamax-format recorders were able to record TV shows, studios including Universal and Disney sought to hold Sony liable for users’ alleged copyright infringements. Time Running Out Issuing copyright notices is core work for many anti-piracy companies. ‘The Say Hey Kid,’ as himself.

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Copyright Television Copying Copyright Notice 143

Kashishipr

NOVEMBER 17, 2021

Copyright is a bundle of rights and can be exploited in several ways independently from each other. What is an Assignment of Copyright? In case the assignment of copyright is for any future work, the assignment will take effect only when the work is in an expressed form and not just an idea. Mode of Assignment of Copyright.

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Copyright Ownership Licensing Intellectual Property 105

The IPKat

JUNE 23, 2023

The issue of copyright protection in photographic works is a classic one. More specifically, the dispute in question concerned copyright protection in a selfie taken in a lift, a widespread phenomenon on social networks. As stated, there is abundant case law on the protection of photographic works under copyright.

Copyright 95

Copyright Cease and Desist Copyright Infringement Publishing 95

TorrentFreak

APRIL 11, 2024

The debate over whether copyright infringement cannibalizes legitimate media consumption has been dragging on for several decades now. However, there are many more nuanced types of copyright infringement, where ‘unauthorized’ use is more likely to have a positive effect.

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Social Media Copyright Infringement Television Journalism 104

IP and Legal Filings

APRIL 19, 2022

The author or creator of any theatrical, literary, creative, or musical work has an exclusive right to copyright. It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Image Source: gettyimages]. What are takedown services?

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Copyright Law Copyright Law Copyright Infringement 74

The IPKat

MAY 12, 2023

The IPKat has received and is pleased to host the following guest contribution by former InternKat James Kwong (Norton Rose Fulbright) on the recent Hong Kong copyright reform, which entered into force a few days ago. Can you find the Kat?

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Copyright Technology Copyright Infringement Music 86

Kluwer Copyright Blog

APRIL 24, 2023

Photo by Artur Shamsutdinov on Unsplash This is a two-part post summarising the authors’ findings from the report on Copyright Infringement in the Video Game Industry , which was prepared by the authors for the World Intellectual Property Organization.

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Copyright Intellectual Property Copyright Infringement Copying 57

Kashishipr

JULY 6, 2022

Without such songs, every party or event seems incomplete. If you fail to do so, you shall end up finding yourself in big trouble like Copyright Infringement. Here in this article, we shall be thoroughly discussing Copyright Protection in the Indian music industry. Musical Works under the Indian Copyright Act of 1957.

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Music Copyright Intellectual Property Copyright Infringement 59

TorrentFreak

MAY 22, 2024

Three years ago, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies of copyright and trademark infringement, among other things. The original complaint failed to provide sufficient evidence for a plausible claim that the ‘Destiny 2 Hacks’ infringed copyright.

Copyright Infringement 84

Copyright Infringement Copyright Copying Settlement 84

Technology & Marketing Law Blog

FEBRUARY 25, 2024

Thiccc Boy then sued for copyright infringement. “the allegedly infringing videos undisputedly commented on the quality of the discussion in the copyrighted works.” Swindelles admittedly duplicated the copyrighted videos’ full frames. The court finds fair use. Purpose and Character of Use. “Mr.

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Fair Use Copyright Infringement Television Copyright 76

TorrentFreak

FEBRUARY 1, 2024

In a matter of weeks, the controversial Jake Paul vs. Ben Askren PPV boxing event will turn three years old and still be remembered for all that went wrong. In summary, H3 says that when it showed the fight along with biting commentary on YouTube, that was fair use, even though the video shown was sourced from a pirated copy of the PPV event.

Copyright Infringement 71

Copyright Infringement Advertising Advertising Copyright 71

TorrentFreak

SEPTEMBER 7, 2022

Verizon Hit With Copyright Complaint. Hundreds of Thousands of Infringements. According to the plaintiffs, IP addresses allocated to Verizon/Cellco Partnership were monitored by anti-piracy tracking outfit Maverickeye downloading and sharing pirate copies of their movies. Several Types of Copyright Infringement.

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Copyright Infringement Copying IP Reporting 124

TorrentFreak

FEBRUARY 22, 2023

In a strongly-worded copyright complaint sent this week, rightsholders say that will not be tolerated. Massive Copyright Infringement The language used in the complaint makes it extremely clear that the MPA views playlists as a threat and illegal under copyright law. Fung later settled with the MPA.

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Copyright Infringement Television Copyright Advertising 135

Canadian Intellectual Property Blog

OCTOBER 13, 2021

Hendley, 2021 FC 498 [ Winkler ], the Federal Court (the “Court”) addressed an unusual issue of copyright protection in a nonfictional work containing descriptions of events with questionable historical accuracy. In its decision, the Court reiterated that copyright protection does not extend to facts.

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Copyright Copyright Infringement Publishing Intellectual Property 52

TorrentFreak

MAY 4, 2023

In 2017, the company was sued by several RIAA-backed labels, including Sony, Warner, and UMG, which accused the company of massive copyright infringement. The music companies requested rulings to establish that Spinrilla is liable for direct copyright infringement and that the DMCA safe harbor doesn’t apply.

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Music Copyright Infringement Settlement Copyright 133

TorrentFreak

OCTOBER 7, 2021

In May, Triller filed a lawsuit against the H3 Podcast, claiming that by showing a portion of the Jake Paul vs. Ben Askren fight event on YouTube, the defendants breached the company’s rights. ‘Unlisted’ Video Was a “Bootlegged” Copy. In its opposition, Triller moves directly to the core of its new focus.

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Fair Use Copying Copyright Infringement Copyright 104

Technology & Marketing Law Blog

MARCH 6, 2022

Babybus runs a competitive channel that Moonbug believes infringes its copyrights. An example: Moonbug submitted takedown notices to YouTube covering at least 70 videos and sued Babybus for copyright infringement. Moonbug runs the CoComelon channel, the top-ranked Kids YouTube channel. Babybus counterclaimed for 512(f).

Fair Use 98

Fair Use Cease and Desist Copying Copyright Infringement 98

TorrentFreak

JUNE 12, 2024

Almost half a decade ago, eight Las Vegas men were indicted by a grand jury for conspiring to violate criminal copyright law via two IPTV services, Jetflicks and iStreamitAll. In the same year, another pled guilty to one count of conspiracy to commit copyright infringement and was sentenced to one year and a day in prison.

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Government Copyright Infringement Copyright Intellectual Property 79

SpicyIP

JANUARY 19, 2024

The safeguard against groundless threats alleging copyright infringement in Section 60 suffers from a lack of clarity around some of its key terms like “due diligence”, “groundless” and “prosecution” One decision that attempts to address this lacuna is the Bombay High Court’s decision in Manya Vejju v.

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Due Diligence Copyright Cease and Desist Social Media 59

Kluwer Copyright Blog

NOVEMBER 22, 2021

In addition to rights of the author, German copyright law also recognises related rights. This personal intellectual creation is lacking if the photographs in question are “mere reproductions of other photographs” in which an original has been merely reproduced (copied) as closely as possible. 3, second sentence UrhG.

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Related Rights Law Copyright Copying 52