Michael Geist

FEBRUARY 24, 2023

Canadian copyright lobby groups effort to persuade the government to restrict fair dealing has often focused on a particular use case: the course pack. The course packs were copied and typically sold as an alternative to course textbooks. The course packs were copied and typically sold as an alternative to course textbooks.

Higher Education 53

Higher Education Copyright Copying Journalism 53

Kluwer Copyright Blog

DECEMBER 8, 2022

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. Current EU copyright framework. In this post, its author provides a brief outline.

Copyright 105

Copyright Ownership Journalism Publishing 105

Michael Geist

FEBRUARY 28, 2023

Fair Dealing Week for 2023 may have come to an end, but my series on Canadian copyright, fair dealing, and education continues. The post Canadian Copyright, Fair Dealing and Education, Part Five: Open Textbooks Saving Students Millions of Dollars appeared first on Michael Geist. between 2018/19 and 2021/22.

Copyright 75

Copyright Journalism Licensing Government 75

Velocity of Content

OCTOBER 4, 2022

While the US policy differs from Plan S in that it purports to be “agnostic” toward business models, the end result, the flipping of hybrid/subscription journals to fully-OA, may be the same. cOAlition S also mandates that articles apply a CC BY license to be considered fully Open Access in keeping with the Berlin and related declarations.

Journalism 98

Journalism Publishing Licensing Copying 98

Patently-O

JANUARY 4, 2024

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. HLG ultimately filed suit for copyright infringement.

Plagiarism 122

Plagiarism Fair Use Copying Copyright Infringement 122

IPilogue

JANUARY 11, 2023

Publishing is, of course, one of the core copyright industries – if not the core industry historically associated with copyright. IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation.

Journalism 80

Journalism Privacy Contracts IP 80

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.

Blogging 96

Blogging Copying Social Media Copyright 96

Technology & Marketing Law Blog

FEBRUARY 12, 2024

Larry Philpot is a repeat copyright plaintiff. In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. ” Make sure you didn’t miss that: Philpot’s license “price” was attribution, not cash. Nature of the Work.

Fair Use 90

Fair Use Licensing Copyright Marketing 90

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].

Music 80

Music Copyright Copyright Infringement Moral Rights 80

Technology & Marketing Law Blog

AUGUST 31, 2021

Factor three : The entirety of the work was copied. Factor four : The fourth factor also weighs against fair use: Unrestricted and widespread conduct of the sort Defendant engaged in would destroy the market for licensing Plaintiff’s work. Factor two : The court says there is some doubt regarding publication status.

Fair Use 131

Fair Use Journalism Licensing Marketing 131

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.

Music 84

Music Copyright Copying Copyright Law 84

Art Law Journal

FEBRUARY 4, 2021

As a general rule, when an artistic or literary work is created, the author is the one that holds the copyright. Nobody can copy, distribute, or display the work without the author’s permission. appeared first on Art Business Journal. The post Who Owns Works Created by a Freelancer?

Journalism 52

Journalism Copying Art Business 52

SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments. Apple Retail UK Ltd.

Licensing 105

Licensing Technology Litigation Patent 105

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.

Law 61

Law Music Copyright Art 61

Michael Geist

FEBRUARY 22, 2023

Canadian copyright lobby groups have spent years falsely claiming that educational institutions refuse to pay for licences to compensate for the use of educational materials. The truth is that Canadian universities spend millions of dollars on licensing copyright materials.

Licensing 69

Licensing Copyright Journalism Copying 69

Technology & Marketing Law Blog

DECEMBER 27, 2023

Another troubling ruling for an Internet access provider trying to shake a contributory copyright claim based on user-caused copyright infringement. 11, 2023): Time and again we have declared that “prevailing defendants in copyright cases are presumptively entitled (and strongly so) to recover attorney fees.” 22-1641 (7th Cir.

IP 73

IP Advertising Advertising Copyright 73

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. In this case, the video game publishers are the copyright holders for the video games in the entire EU and EEA.

Copyright Law 72

Copyright Law Law Copyright Copying 72

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? Copyright Law.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Velocity of Content

JANUARY 31, 2023

I have had people tell me with doctrinal certainty that Creative Commons licenses allow text and data mining, and insofar as license terms are observed, I agree. Full disclosure: CCC offers RightFind XML, a service that supports licensed commercial access to full-text articles for TDM with value-added capabilities.) GitHub Inc.,

Licensing 98

Licensing Fair Use Journalism Publishing 98

SpicyIP

NOVEMBER 15, 2022

Congress and the KGF 2 Copyright Dispute: Ex-Parte Injunctions, Fair Dealing, and Blocking Orders. SpicyIP Tidbits: Compulsory License on Mira Behn’s Autobiography, and Stricter Test of Similarity of Marks for Medicinal Products. Call for Papers: NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) Vol. Image from here.

Trademark 105

Trademark Patent Copyright Designs 105

IIPRD

FEBRUARY 16, 2024

Hence, the traveling chaos of F1 is a world filled with patents, trademarks, copyrights, and Trade Secrets. The Confidential information, which may be sold or licensed, is a Trade Secret and forms a part of Intellectual Property Rights. The other teams can hence copy McLaren, causing the team a disadvantage.

Intellectual Property 59

Intellectual Property Technology Confidentiality Journalism 59

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Plagiarism Today

MARCH 28, 2022

1: Supreme Court to Hear Copyright Dispute Over Andy Warhol’s Images of Musician Prince. She licensed the photo to Vanity Fair magazine for use as an artist reference. Million Copyright Lawsuit Over Red Rat’s Song. 3: Renowned Saint Luke’s Cardiologist Sues Epic Systems Over Copyright.

Settlement 209

Settlement Privacy Licensing Journalism 209

Velocity of Content

JULY 2, 2024

Many articles purchased through RightFind and covered by the Annual Copyright License can be added to a hospital’s library collection, making them more readily available if needed again in the future. appeared first on Copyright Clearance Center. The post Do Hospitals Need a New Approach for Accessing Scientific Literature?

Licensing 52

Licensing Copyright Journalism Copying 52

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?

Copyright 98

Copyright Licensing Journalism Social Media 98

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.

Publishing 98

Publishing Art Licensing Copying 98

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790).

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

JUNE 27, 2023

The belated Portuguese transposition of the CDSM Directive was finally published in the Portuguese Official Journal (Diário da República) on the 19th of June 2023. Copyright Code still regulates all the permitted uses of protected works and other subject matter, while Art. Museu do Azulejo by G.P.

Art 102

Art Contracts Publishing Licensing 102

Velocity of Content

OCTOBER 13, 2022

From early research to pre-clinical / clinical drug development to communicating directly with healthcare professionals, this webcast offered an inside look at how information management and copyright compliance come together at Lilly to accelerate innovation, promote collaboration, and improve patient outcomes. Copyright is the other.”

Licensing 97

Licensing Copyright Copying Journalism 97

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. The options ranged from no change to UK law, to improving the licensing environment, to offering new copyright exceptions.

Law 116

Law Licensing Publishing Intellectual Property 116

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

PDF copy available. Core Wireless Licensing S.A.R.L. , Whether the dearth of commercial literature will increase petitioner reliance on non-patent literature, especially academic journals. Licensing campaigns often focused solely on the use of an e-commerce portal. Read the full article on Bloomberg Law. FG SRC LLC , No.

Law 40

Law Patent Technology Art 40

SpicyIP

MARCH 15, 2022

In the absence of any requirement for licensing agreement, the platforms capitalize on these ‘ snippets ’ without paying press publishers any share of remuneration, making it difficult for the publishers to recoup their investments. The EU took the Intellectual Property route by introducing a related right under its copy right law.

Publishing 105

Publishing Marketing Marketing Advertising 105

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?

Journalism 98

Journalism Licensing Publishing Copyright 98

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”?

Publishing 97

Publishing Music Copyright Law Marketing 97

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

PDF copy available. For example, patents protect inventions, whereas copyrights protect written or recorded expressive content; trademarks protect words, symbols, logos, designs, and slogans that identify or distinguish products or services; and trade secrets protect confidential business information. The Wall Street Journal , Feb.

Intellectual Property 52

Intellectual Property Technology Journalism IP 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.

Copyright 120

Copyright Blogging Publishing Fair Use 120

LexBlog IP

APRIL 20, 2022

Oracle , that ‘fair use’ is an ‘equitable rule of reason’ requiring ‘judicial balancing’ of ‘the sometimes conflicting aims of copyright law’ so that copyright does not ‘stifle the very creativity which the law las was meant to foster.’ ’ (Op. Neither Marano [v.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52