43(B)log

DECEMBER 14, 2023

New article with Chris Buccafusco: Houston Law Review, Vol. 61, 2023 Abstract To prove copyright infringement, a plaintiff must convince a jury that the defendant copied from the plaintiff’s work rather than independently creating it.

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Copying Music Copyright Infringement Art 64

IP Law 360

OCTOBER 19, 2022

Medieval Times has launched an unusual lawsuit alleging its trademark is being infringed by a union that represents its workers at a New Jersey location, but trademark and labor law experts are skeptical that the effort will be successful or copied by other employers.

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Intellectual Property Law Blog

DECEMBER 18, 2023

In this case, the Federal Circuit determined the sufficiency of evidence to rebut a nexus between objective evidence and non-obviousness; and to establish the objective indicia of copying. Direct evidence of copying is not necessary to establish copying. The Board’s finding of copying is supported by substantial evidence.

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TorrentFreak

FEBRUARY 22, 2024

The Internet Archive is widely known for its Wayback Machine, which preserves copies of the web for future generations. “Defendants have created a massive online storefront providing digital copies of thousands of these protected sound recordings to anyone to stream or download for free. .

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Patently-O

DECEMBER 7, 2023

by Dennis Crouch In patent law, product copying can serve as indirect evidence of non-obviousness. A pending petition before the Supreme Court asks a similar question in the trademark realm – to what extent does copying of a product serve as evidence of secondary meaning of the product associated trade dress.

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IP Law 360

SEPTEMBER 27, 2024

Two Seventh Circuit judges seemed unsure Friday that they saw enough evidence of copying to reverse rapper French Montana's summary judgment win over claims that he infringed a California producer's sound recording copyright to make his song "Ain't Worried About Nothin'."

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IP Law 360

SEPTEMBER 3, 2024

Martin Shkreli turned over 15 copies of the one-of-a-kind Wu-Tang Clan album he once owned after a New York federal judge ordered him to surrender any copies to his attorneys amid an ongoing lawsuit.

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TorrentFreak

MAY 17, 2022

Long before the advent of legitimate online video streaming services, torrent sites and similar platforms allowed users to download and keep copies of movies and TV shows. Is it permissible to download and keep copies of movies and TV shows if you’ve paid for a legal subscription? Copyright Law and DRM.

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JD Supra Law

NOVEMBER 7, 2024

In a landmark decision, a German district court recently decided that copying images to create a data set that can potentially be used for training generative artificial intelligence (AI) systems does not infringe German copyright law. Robert Kneschke v. Large Scale Artificial Intelligence Open Network, Case No. 27, 2024).

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Law Copyright Law Copying Copyright 63

IP Law 360

AUGUST 26, 2024

Martin Shkreli must hand over any copies he made of a one-of-a-kind Wu-Tang Clan album while a challenge from the crypto project that holds the sole physical copy plays out, a New York federal judge ordered Monday.

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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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IP Law 360

JANUARY 16, 2024

didn't engage in copyright infringement of UIRC-GSA Holding's bond offering documents, stating that UIRC's paperwork was not eligible for protection because the government contractor copied it from a housing association. The Seventh Circuit has upheld an Illinois federal court's finding that financial services company William Blair & Co.

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Kluwer Copyright Blog

SEPTEMBER 19, 2023

In Case C-426/21 , the CJEU looked into the complicated relationship between copyright law and online television services. The focus of the case is twofold: the scope of application of the private copy exception, on the one hand, and that of the right of communication to the public, on the other.

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The IPKat

SEPTEMBER 26, 2021

Kat cloud Does the private copying exception and, with it, the fair compensation requirement under Article 5(2)(b) of the InfoSoc Directive apply to reproductions carried out by using cloud-based recording services? In Austro-Mechana , the question is once again one of private copying in the cloud.

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IP Law 360

JUNE 20, 2024

Theravance Biopharma and Mylan Specialty have sued a Chinese drugmaker, alleging it copied Yupelri, one of its chronic obstructive pulmonary disease drugs, and infringed several patents in the process.

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SpicyIP

OCTOBER 9, 2024

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Image from here Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? Tanishka is an advocate at the High Court of MP. billion today, only to grow manifold.

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Copyright Law Copyright Fair Use Law 92

IP Law 360

MAY 28, 2024

A Philadelphia-area fashion designer has accused luxury clothing brand Louis Vuitton and its related corporate entities of allegedly copying her designs for women's apparel and fabrics.

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The IPKat

MARCH 4, 2024

This time, Katfriend Spyridon Sipetas (Stockholm University) tells the story of a collaboration – the one between Jacquemus and Nike – that has been already plagued with accusations of copying. Here’s what Spyridon writes: Jacquemus x Nike Swoosh Bag: ‘Just Copy It’ or re-appropriation of Nike’s own trade mark?

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IP Law 360

DECEMBER 1, 2023

Department of Defense contractor made unauthorized copies of the company's software and the DOD tried to cover up that copying. A Court of Federal Claims judge has awarded a software developer $12.7 million for copyright infringement after finding that a U.S.

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Copying Copyright Infringement Copyright 59

IP Law 360

APRIL 25, 2023

British pop star Ed Sheeran took the witness stand in Manhattan federal court Tuesday for the first day of a copyright trial over his ballad "Thinking Out Loud," denying that he copied Marvin Gaye's "Let's Get It On" and testily sparring with opposing counsel.

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IP Law 360

JULY 25, 2024

Martin Shkreli pushed back on a crypto project's bid to force him to hand over copies of the one-of-a-kind Wu-Tang Clan album he once owned, saying his original purchase agreement of the album entitled him to make the copies and the album's current crypto owner hasn't shown how Shkreli's duplicates irreparably harm the value of the original.

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IP Law 360

JULY 11, 2024

senators introduced legislation dubbed the COPIED Act on Thursday to fight the growth of AI-generated "deepfakes," proposing a framework that would give journalists and artists control over their work via a watermarking process and allow them to sue those who use their work without permission. A bipartisan group of U.S.

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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). In Part I of this set of posts, I describe draft changes to the Polish copyright law on the collection and division of the private copying levy.

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IPilogue

OCTOBER 4, 2024

He also teaches Property Law at Osgoode Hall Law School, where he is an Affiliated Researcher with IP Osgoode. His chapter probes the future of copyright law, attempting to turn the focus of copyright to collaborative authorship.

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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.

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Technology & Marketing Law Blog

JULY 23, 2024

Rebecca Tushnet and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. Paperback buyers can get a free PDF file by emailing me a copy of their receipt showing which edition they bought. You can see my old syllabi and exams on my Advertising Law course page.

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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.

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azrights

OCTOBER 5, 2023

I would love to send you a signed copy of Brand Tuned, the new rules of branding, strategy and intellectual property if you’re UK based and are: EITHER: An Azrights client: OR An agency or freelancer supporting businesses to promote or create their brand. Just complete this form to receive a copy of the book.

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IP and Legal Filings

JULY 29, 2024

Another lesser-known problem of the authors of the schools providing educational services through the Internet is the question of the control of the distribution of copies of copyrighted works. Moreover, these kinds of works, in most cases, have inadequate rights protection based on the existing laws of copyright.

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IP Law 360

JANUARY 3, 2024

A Boston boutique law firm has filed a copyright infringement complaint against Winston & Strawn LLP, accusing it and four of its attorneys of copying a motion-to-dismiss filing "nearly verbatim" in a patent dispute where both firms were representing co-defendants.

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Copying Copyright Infringement Patent Copyright 45

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.

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Likelihood of Confusion

JULY 8, 2023

Via fashionista-lawyer-to-the-fashionista-stars Olivera Medenica, it’s time to roll up for the Federal Bar Association‘s 2016 Fashion Law Conference at the Parson’s School of Design! Look, here’s the text I copied. The post Fashion Law at the Federal Bar Association appeared first on LIKELIHOOD OF CONFUSION™.

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TorrentFreak

AUGUST 5, 2024

Every day, millions of people break the law; by posting copyrighted images, music, and videos on social media, for example. In addition, it was apparent that the copy had been sourced from pirate streaming site, Obaflix. For most of these people, copyright is merely an afterthought, not a real concern.

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IP Law 360

MARCH 29, 2024

A Winston & Strawn LLP attorney on Friday told a Manhattan federal judge that the firm is angling to settle a copyright infringement suit that accuses its attorneys of copying a motion-to-dismiss filing by a boutique intellectual property firm "nearly verbatim," saying it isn't worth the cost to all involved.

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The IPKat

APRIL 6, 2022

A few days ago the Court of Justice of the European Union (CJEU) rendered its judgment in C-433/20 Austro-Mechana , ruling that the notion of reproduction ‘on any medium’ extends to the cloud and, therefore, that private copying under Article 5(2)(b) of the InfoSoc Directive also applies in that context.

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TorrentFreak

JANUARY 4, 2022

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. Github’s Analysis Results in Takedown. From: TF , for the latest news on copyright battles, piracy and more.

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IP Law 360

FEBRUARY 7, 2024

The owner of the Naked Wolfe brand has accused two online footwear retailers of design and copyright infringement, alleging that they "slavishly copied" its chunky boot designs.

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