Kluwer Copyright Blog

MARCH 13, 2024

The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of creators (see Geiger, 2017 ). From this constitutional dimension of copyright emerged the notion of ‘user rights’ ( Geiger, 2020 ).

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Intepat

JANUARY 8, 2024

New York Times alleges that this unauthorised use of articles infringes on their copyright and threatens its business model by diverting web traffic from its site. They argue that the AI chatbots created by OpenAI and Microsoft, like ChatGPT and Copilot, also copy the unique and distinctive style of the Times’ articles.

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Copyright Fair Use Derivative Work Intellectual Property 52

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

The IP Law Blog

JULY 21, 2022

The Journal Publishing Company et al , 1-21-cv-00690, District Judge Martha Vazquez of the District Court of New Mexico recently held Plaintiffs’ twenty-two-month delay in filing suit rebutted any presumption of irreparable harm for alleged copyright violations, and accordingly denied Plaintiffs’ motion for a preliminary injunction.

Copyright 52

Copyright Journalism Copyright Infringement Publishing 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 ). The group highlighted their concerns regarding the regulation of text and data mining (TDM) activity under the Copyright Act.

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Government Copyright IP Intellectual Property 111

TorrentFreak

JANUARY 4, 2024

In 2022, a platform called Pirate Library Mirror appeared on the scene, courting controversy right from the start after obtaining a full copy of Z-Library before the site’s legal troubles began. “We deliberately violate the copyright law in most countries. All things considered, that seems unlikely.

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Publishing Journalism Marketing Marketing 121

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

DECEMBER 6, 2022

Good artists borrow, Great artists steal ’ , however no matter how beautifully portrayed, might aptly land you a hefty copyright infringement suit in contemporary times. ” The composer of a musical composition is the exclusive owner of the work’s copyright. INTRODUCTION. Image Source: Shutterstock].

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Music Copyright Copyright Infringement Moral Rights 80

IIPRD

MARCH 1, 2023

The general position in intellectual property laws states that upon the assignment of the copyright by the artist over his artwork to another legal entity, the artist cannot enjoy any economic benefits attached to the artwork. This provision allows authors to claim authorship over their work even after the assignment of the copyright.

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Artwork Intellectual Property Journalism Copyright 98

Copyright Lately

MAY 1, 2023

If you’ve been glued to news coverage of the Ed Sheeran trial for the past two weeks, you may have missed an even bigger story from the world of music copyright. From a copyright perspective, these particular tracks are clearly derivative of both the original sound recordings and the underlying musical compositions.

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Music Copyright Copying Copyright Law 84

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 court held that geoblocking of Steam activation keys infringed EU competition law.

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Copyright Law Law Copyright Copying 72

Kluwer Copyright Blog

MARCH 14, 2024

Photo by Christian Wiediger from Unsplash This article continues the tradition of reporting on the copyright case law of the German Bundesgerichtshof, the highest German civil court for copyright matters (Federal Court of Justice – “BGH”). Part II will focus on copyright contract law and claims under copyright law.

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Law Music Copyright Art 61

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

IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. Challenges in IPR Regulation in e-commerce As per a survey, around 38% online buyers experienced counterfeit products and 1/3 rd people have gotten copied products. AHUJA, LAW RELATING TO IPR (LexisNexis Publication 2017).

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Intellectual Property Due Diligence Journalism IP 59

Kluwer Copyright Blog

NOVEMBER 17, 2021

In 2015, the BGH rendered a judgment on the right of distribution in two cases concerning copyright protected furniture offered for sale from Italy. Nevertheless, the BGH applied the CJEU principles on posting links to copyright infringing content. The BGH thus transposed that CJEU decision into German law.

Law 52

Law Copyright Copyright Infringement Television 52

Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. Fair Use Precedent?

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Fair Use Copyright Moral Rights Copyright Law 135

IPilogue

JANUARY 14, 2022

Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. Is GitHub’s New Feature a Copyright Infringer?

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IP Copyright Infringement Inventor Intellectual Property 106

LexBlog IP

APRIL 11, 2023

Second, there may be copyright risks attached to the use of outputs from generative AI in public-facing works. Because of how the ChatGPT model is trained, it is possible that responsive outputs could contain elements of copyrighted material. What to Know About the AI Chatbot,” The Wall Street Journal (March 22, 2023), [link]. [4]

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Social Media Branding Brands Branding 52

IPilogue

APRIL 4, 2022

Soon after, it was published in a French medical journal, along with her full name and medical details. First, we considered copyright law to try to stop the circulation of the photograph. Through the Berne Convention, the UK and France recognize each other’s copyright regimes. COMPLICATED MATTERS. FURTHER INTO THE MAZE.

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Privacy Publishing Journalism Copyright 120

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.

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Ownership Copyright Fair Use Intellectual Property 52

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. Right of remuneration (Sections 32 et seqq.

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Contracts Copyright Law Cease and Desist 98

Velocity of Content

MAY 11, 2023

CCC recently assembled a panel of expert leaders in publishing and medical communications for a broad discussion on copyright as it pertains to the work of medical communications professionals. If a journal article is published as Open Access, can I reuse it? What can a company do to be more copyright compliant?

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Copyright Licensing Journalism Social Media 98

IP and Legal Filings

MARCH 12, 2024

To protect the right of creators, Copyright law was introduced, fostering creative innovation. Copyright Law and Insufficient Injunctions The British Statute of Anne, 1710, was the first copyright statute. In India, the Copyright Act of 1957 grants certain rights to creators.

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Intellectual Property Copyright Journalism Copyright Infringement 85

Kluwer Copyright Blog

AUGUST 22, 2023

We are interested in exploring whether in the EU Arts 3 and 4 of the Copyright in the Digital Single Market Directive (CDSMD) played a role in shaping the contractual practices in selected industry sectors in relation to the licensing of works as training data. In this fragmented landscape, self-regulation (e.g., While art. 7(1), CDSM), art.

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Publishing Art Licensing Copying 98

The IPKat

AUGUST 6, 2023

And, speaking of the book, we are happy to re-publish the review that Bill Patry (Mayer Brown) provided of it, as just published by the Journal of Intellectual Property Law & Practice. Developments in IP Law, Policy, and Practice: KatFriends’ Views’ Part 2. Developments in Copyright and Image/Publicity Rights’ Part 3.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Copyright Law 52

Kluwer Copyright Blog

OCTOBER 9, 2022

According to Article 16 EU DSM Directive 2019/790 (“DSM Directive”), a “publisher” may have a claim to a share of the author’s statutory remuneration claims – such as fair compensation for private copies – if the author has granted the “publisher” a right in his work. But who is this “publisher”?

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Publishing Music Copyright Law Marketing 97

SpicyIP

MARCH 15, 2022

The EU took the Intellectual Property route by introducing a related right under its copy right law. Critics of press publisher right argue that copyright is awarded to incentivize creativity by rewarding exclusivity. Many academics have stated that IP is not the correct tool to achieve the redistribution of market share.

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Publishing Marketing Marketing Advertising 105

Velocity of Content

AUGUST 10, 2022

In the aftermath of Brexit, many publishers were wondering if the UK — with its strong tradition of supporting the rights of publishers, authors, and artists — would provide another voice in defense of copyright. No longer bound to or by the EU – but guided by the new Directive—the UK decided to review possible changes to its laws.

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Law Licensing Publishing Intellectual Property 116

Velocity of Content

JUNE 8, 2023

Be sure that your document delivery provider gives you full details about the rights you have access to so that you can ensure compliance with copyright laws and regulations. Taking the guesswork out of copyright will allow you to focus on your most important task: the research at hand. Looking for document delivery?

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Journalism Licensing Publishing Copyright 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?” context to see how various other countries have responded to such challenges as well, not only in copyright but in trademark and patent too.

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Intellectual Property Invention Trademark Copyright 52

Kluwer Copyright Blog

JUNE 7, 2023

But copyright law faces daunting challenges when copyrighted material not only inspires a creative process, but becomes the very object of it. The copyright exception for pastiche has received little attention in this regard. Pastiche in EU copyright law: All dressed up but nowhere to go? According to Art.

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Copyright Art Copyright Law Law 111

Michael Geist

OCTOBER 3, 2022

I have spoken positively about the government’s tax-focused programs and would back mechanisms that bring even greater support, perhaps through the establishment of contribution to funds that in turn support journalism. If Google or Facebook copied and distributed full articles, I could understand the arguments around compensation.

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Journalism Law Government Copyright Law 86

Kluwer Copyright Blog

NOVEMBER 17, 2021

Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Germany has always had an extensive judicial practice in copyright law. The case law of that copyright law senate of the BGH from 2015 to 2019 is summarised below.

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Moral Rights Law Copyright Copyright Law 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit seeks a declaratory judgment that Trump owns the copyright in the sound recordings (or in the alternative, in his interview responses on the recordings), and that Trump is entitled to all or the lion’s share of the profits made from the sale of those recordings and transcripts, which the lawsuit (absurdly) values at almost $50 million.

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Copyright Blogging Publishing Fair Use 120

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. It is also inconsistent, at least directionally, with the copyright trends on political questions.

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Intellectual Property Music Copyright Fair Use 52