TorrentFreak

FEBRUARY 27, 2023

On February 23, 2023, the BGH said it had stayed proceedings in the appeal and referred key questions to the Court of Justice of the European Union for a preliminary ruling. Federal Court of Justice Appeal Unhappy with the decision, Sony filed an appeal at the Federal Court of Justice (Bundesgerichtshof, BGH), Germany’s highest court.

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Copyright Copying Art Copyright Infringement 129

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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Copying Designs Design Branding 102

The IPKat

AUGUST 1, 2021

In the first case, the Austrian Supreme Court has referred the following questions to the CJEU (freely translated and shortened from the German original): 1. In the second case, the referred questions (freely translated and shortened from the German original) are the following: 1. 2(a) and (e) and Art.

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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.

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Copying Copyright Law Editing 68

Trading Secrets

DECEMBER 7, 2022

Seyfarth’s Trade Secrets, Computer Fraud & Non-Competes practice group is pleased to provide the 2022-2023 edition of our 50 State Desktop Reference, which surveys the most-asked questions related to restrictive covenants and trade secrets in all 50 states, plus the District of Columbia. Request a Copy.

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Editing Confidentiality Copying 64

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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Copying Copyright Artwork Law 98

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

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Copying Copyright Law Copyright Social Media 101

LexBlog IP

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. Issue(s) Whether the Ressemann reference disclosed the combination of features as to preclude a nexus between the objective evidence of non-obviousness.

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Copying Art Marketing Marketing 52

The IPKat

NOVEMBER 11, 2022

You may not love Asian carp, but you will hopefully love copi (and will give the fish a try at your favorite restaurant, thereby preventing ecological disaster). The maligned variety is referred to as European carp, but there is also an Asian carp. Focus groups described copi as 'cute' and 'manageable'. See also choosecopi.com.

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Copying Licensing Marketing Marketing 80

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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Copying Copyright Ownership Intellectual Property 63

Trading Secrets

DECEMBER 3, 2021

Seyfarth’s Trade Secrets, Computer Fraud & Non-Competes practice group is pleased to provide the 2022 edition of our 50 State Desktop Reference, which surveys the most-asked questions related to restrictive covenants and trade secrets in all 50 states, plus the District of Columbia. Request a Copy.

Editing 64

Editing Confidentiality Copying 64

LexBlog IP

DECEMBER 7, 2022

Seyfarth’s Trade Secrets, Computer Fraud & Non-Competes practice group is pleased to provide the 2022-2023 edition of our 50 State Desktop Reference, which surveys the most-asked questions related to restrictive covenants and trade secrets in all 50 states, plus the District of Columbia. Request a Copy.

Editing 52

Editing Confidentiality Copying Intellectual Property 52

43(B)log

NOVEMBER 27, 2023

Design Gaps had in the past conducted projects for Peters Custom Homes including the design and construction of residential cabinetry in homes referred to as “Quail Hollow North” and “Lake Wylie.” And the complaint was full of references to Design Gaps’ copyrighted designs and defendants’ “copying.”

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Copying False Advertising Designs Design 59

Velocity of Content

FEBRUARY 6, 2024

A characteristic of generative AI models is the massive consumption of data inputs, which could consist of text, images, audio files, video files, or any combination of the inputs (a case usually referred to as “multi-modal”). The larger the vocabulary size, the more diverse and expressive the texts that the model can generate.

Copying 59

Copying Derivative Work Copyright Technology 59

LexBlog IP

DECEMBER 3, 2021

Seyfarth’s Trade Secrets, Computer Fraud & Non-Competes practice group is pleased to provide the 2022 edition of our 50 State Desktop Reference, which surveys the most-asked questions related to restrictive covenants and trade secrets in all 50 states, plus the District of Columbia. Request a Copy.

Editing 52

Editing Confidentiality Copying Intellectual Property 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). 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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Copying Law Related Rights Copyright Law 55

LexBlog IP

AUGUST 27, 2021

November 25, 2020), the Federal Circuit affirmed a pair of PTAB inter partes review decisions that determined VidStream’s claims, directed to publishing content on social networking websites, are unpatentable as obvious over a five-way combination of references. The priority date of the VidStream patent is May 9, 2012. Iancu , 889 F.3d

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Art Copying Registration Publishing 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.

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Copying Law Copyright Law Copyright 52

TorrentFreak

MAY 14, 2022

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. Did the video contain sensitive gameplay video, or did it reference a full-blown leak perhaps? Hard to say on the evidence thus far but Riot was clearly concerned about something.

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Copying Social Media Copyright Copyright Law 110

IP and Legal Filings

JULY 28, 2022

Every financial year, project accounts must be audited, and a copy must be provided to MahaRERA. [9]. References: [1] The Real Estate (Regulation and Development) Act, 2016 Act no. References: [1] The Real Estate (Regulation and Development) Act, 2016 Act no. 16 of 2016. [2] 16 of 2016. [2]

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Registration Government Reporting Marketing 93

Kluwer Copyright Blog

DECEMBER 8, 2021

Even though that Court’s judgment was very specific to the V-Cast service, it left room, arguing a contrario and subject to certain conditions, to consider the mere provision of Cloud storage services of audio-visual content, with reproductions made on individual requests of end-users, to be covered by the private copying exception.

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Copying Copyright Law Copyright Law 58

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.

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Fair Use Copying Intellectual Property Copyright 40

Intellectual Property Law Blog

NOVEMBER 22, 2021

The PPH request must be accompanied by: (1) copies of OEE work products (or latest work products of a PCT application in international phase); (2) a copy of claims determined to be patentable by the OEE; and (3) copies of non-patent documents cited in the OEE work products. FOOTNOTES. [1] 1] [link].

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Patent Prosecution Patent Patent Application Copying 246

The IPKat

JULY 20, 2023

What those references have in common is that both were made in the field of broadcasting and concern issues of private copying under Article 5(2)(b) of the InfoSoc Directive. In this specific case, the question is whether broadcasters are entitled to fair compensation for private copying of fixations of their broadcasts.

Copying 40

Copying Law Copyright Publishing 40

43(B)log

AUGUST 11, 2021

It allegedly sold or gave away unauthorized copies of the I-Codes and Custom Codes to both customers and prospective customers. Although in the copyright decision, the court made reference to “rather surprising oversights,” UpCodes corrected issues when notified by ICC. Once upon a time, this was a copyright dispute.

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False Advertising Copying Advertising Advertising 83

Plagiarism Today

SEPTEMBER 28, 2022

Gibson, the creator of The Shadow, referred to Batman as a “clowned-up version of The Shadow.”. Through our modern lens, this kind of copying can seem insane. Ethically, this type of copying would be seen as plagiarism and the creators would be treated accordingly, especially given that some of the images were traced.

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Plagiarism Copying Publishing Derivative Work 206

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.

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Social Media Copying Branding Branding 52

TorrentFreak

NOVEMBER 8, 2024

The conclusion of that lawsuit declared that an emulator like Yuzu, that circumvents Nintendo’s technical measures, decrypts Switch games using unauthorized copies of Switch cryptographic keys, allowing games to be played on anything other than a Switch, violates copyright law. “In fact, Defendant has posted links to copies of [.]

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Copying Copyright Law Technology Copyright 107

JD Supra Law

APRIL 15, 2024

Lancium LLC, the PTAB again made clear that “technical availability” of a reference is not enough to establish it is a printed publication. The patent at issue, U.S.

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Government Copying Art Patent 58

TorrentFreak

APRIL 6, 2024

Pirated copies of movies leak all year round, often ripped from streaming platforms after their official premiere. However, when a high-quality copy of a blockbuster title appears online before it’s officially available, people take notice. EVO was the group that leaked a copy of Dune: Part One before its official release.

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Cinema Copying Copyright 134

Patently-O

MAY 21, 2024

In utility patents, the test for analogous arts has two prongs, with the reference qualifying as prior art if either prong is met: Whether the prior art is from the same field of endeavor as the claimed invention, regardless of the problem addressed by the reference. May 21, 2024) (en banc). ” In re Jennings , 182 F.2d

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Design Patent Designs Design Patent 119

Plagiarism Today

NOVEMBER 7, 2022

Sterling referred to this as “consensual plagiarism”, meaning that the marketing firm was making these works available for journalists and to use, with or without attribution, on their sites. Staying on the good side of companies is crucial to getting access to review copies and inside information that generates clicks.

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Plagiarism Journalism Copying Marketing 271

The IPKat

OCTOBER 29, 2024

The latter (also known as ‘first sale doctrine’ in the United States) provides that a copyright owner’s right of distribution in the original or a copy of a work is ‘exhausted’ on its first lawful sale by the copyright owner. What happened? As a consequence, both Directive 2001/29/EC and the Software Directive 2009/24/EC apply to video games.

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Marketing Marketing Copying Copyright 67

Barry Sookman

APRIL 27, 2024

A copy of my presentation can be accessed below. However, I also referred to several U.S. Earlier this week I gave my annual copyright update to copyright lawyers at an ALAI Canada meeting. The cases I canvassed are listed below. The focus of my talk was on copyright developments that would be of interest to Canadian lawyers.

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Copyright Copyright Law Copying Law 74

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.

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Copying Copyright Copyright Law Technology 118

IP Watchdog

MARCH 5, 2023

David Oppenheimer’s case against Douglas Prutton was referred to the CCB by the U.S. Oppenheimer admitted that he copied and displayed the photograph without permission, but said his adult daughter actually found the photo and placed it on his site, and also argued fair use and unclean hands in defending his use of the work.

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Copyright Fair Use Copying Law 128

TorrentFreak

JULY 24, 2024

He claims that the government failed to prove that he downloaded a copy, much less distributed it to the public. He states that none of the government’s witnesses viewed these reference copies but viewed “authorized copies” instead. Was the Retail Value of Infringement More Than $2,500?

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Copyright Infringement Television Government Copying 93