IP and Legal Filings

MARCH 9, 2022

If a singer, at a concert, was to sing in a melodious way, in an impromptu manner, i.e., there were no prior existing lyrics or melody, would such a singer be considered an author of the lyrics and the music, apart from being a performer Under Indian Copyright Law ? Music, which falls in the category of musical works; and.

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Copyright Law Copyright Law Music 97

The IP Law Blog

AUGUST 26, 2021

Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior to 1972. In doing so, the Ninth Circuit reviewed nearly 200 years of copyright law to reach its conclusion.

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Copyright Law Copyright Law Ownership 98

IP Watchdog

FEBRUARY 1, 2024

In the latest salvo, the New York Times Company sued Microsoft and OpenAI – the creator of ChatGPT – for infringement under the federal Copyright Act. Fair use is a defense to a claim of copyright infringement that must be affirmatively invoked by the accused infringer.

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Fair Use Copyright Infringement Copyright Law Litigation 116

IPilogue

JULY 18, 2022

There seems to have always been tension between artistic creativity and copyright law. Copyright, in the simplest terms, is “ the right to copy.” The act of copying belongs to the long tradition of modernist art that questions the nature and definition of art itself.

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Copyright Law Copyright Law Art 111

Technology & Marketing Law Blog

OCTOBER 17, 2023

But if you really want Kiwi Farms gone, have you considered using copyright law for its censorial power? This ruling shows how copyright law could be a Kiwi Farms killer–no legal reform required. Yet, we should be careful celebrating copyright’s censorial powers. CloudFlare’s block ).

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Copyright Law Copyright Law Copyright Infringement 115

Michael Geist

SEPTEMBER 23, 2022

Today’s post raises an unlikely issue given that Bill C-18 is the responsibility of Canadian Heritage Minister Pablo Rodriguez, who also has part responsibility for copyright law in Canada. In fact, just this summer it ruled : Copyright law does not exist solely for the benefit of authors: York University v.

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Copyright Law Copyright Law Government 103

Plagiarism Today

AUGUST 10, 2022

The Assess Tool also provides a basic fair use analysis and helps to make sure that the use isn’t covered under any other exceptions to copyright law. Anything that isn’t clear is likely explained in the “Learn” section, which provides definitions for key terms. Copyright Office.

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Plagiarism Today

JANUARY 3, 2022

But that raises the question, with the new year what are just a handful of the major copyright stories on the horizon. While there are far too many for any single list, here are 5 copyright stories that you should definitely watch in 2022. 1: The Copyright Small Claims Court. 3: Copyright and the Takings Clause.

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Copyright Public Domain Registration Social Media 279

The IPKat

JUNE 22, 2021

As expected, the CJEU did refrain from providing a definite answer as regards the question whether YouTube and/or Uploaded perform directly copyright-restricted acts. In relation to the for-profit intention, the Court refused to consider the GS Media presumption as having general applicability.

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Copyright Law Copyright Law Copyright Infringement 124

JD Supra Law

AUGUST 30, 2023

Perlmutter, 22-cv-01564-BAH, definitively ruled that AI cannot be an author of a copyright under the U.S. Copyright Act, because “United States copyright law protects only works of human creation.” Copyright Office’s repeated refusal to register artwork generated by his AI machine.

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Copyright Law Copyright Artwork Law 66

JD Supra Law

OCTOBER 1, 2024

A Federal appeals court has ruled that the nonprofit Internet Archive’s “controlled digital lending program” – which creates and lends fully digitized copies of books – does not meet the copyright law’s definition of a fair use. The September 4, 2024, decision in Hachette Books v.

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Copyright Law Copyright Law Fair Use 62

Plagiarism Today

SEPTEMBER 15, 2021

In short, it’s claiming that Chegg, in many cases, either directly copies the content or creates a thinly veiled derivative work based upon it, both of which are violations of copyright law. Pearson alleges that this takes place both in text and video format in the service. Chegg’s Potential Defenses.

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Copyright Infringement Copyright Derivative Work Fair Use 290

Plagiarism Today

MARCH 8, 2022

Pretty much every decade in music history has had their copyright battles. However, those lawsuits definitely seem to be coming much more quickly. Though the Blurred Lines case wasn’t a major shift in copyright law, it was a major shift in the way people thought about copyright law.

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Music Copyright Infringement Copyright Copyright Law 264

Kluwer Copyright Blog

MAY 11, 2023

According to Section 19(2) these are the rights protected by Sections 37 and 40 of the Act of 2000 , which only address copyright without mentioning rights related to copyright.

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Copying Copyright Law Copyright Social Media 105

Plagiarism Today

APRIL 5, 2022

Examples can include people who purchased themes that used stock images , individuals who don’t understand copyright law, and those that did not understand the license. This will definitely be something to watch over the coming months and years. It’s impossible to know. However, it’s worth trying.

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Copyright Infringement Copyright Licensing Litigation 321

Copyright Lately

FEBRUARY 4, 2025

A federal district court in Baton Rouge, Louisiana, just turned an admittedly novel termination theory into a final judgment, risking global copyright chaos. Resnik , a case out of the Middle District of Louisiana that threatened to upend decades of settled copyright law. The Fifth Circuit awaits.

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Kluwer Copyright Blog

MARCH 13, 2023

Pastiche is one of the newer harmonized user rights in EU copyright law. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in 2019. To fill this gap, German fundamental rights NGO Gesellschaft für Freiheitsrechte e.V.

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Copyright Law Copyright Law Music 64

Plagiarism Today

JANUARY 24, 2022

This is especially true if you’re not interested in copyright from a U.S. Though the circular touches on international issues some, much of the space of it is taken up with information about copyright registration. While there are definitely reasons that many creators outside the United States may want to register with the U.S.

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TorrentFreak

MAY 17, 2022

This is also what James Gibson , Professor of Law at Richmond University, hinted at. Unlike downloading pirated movies, consuming pirated streams isn’t a clear violation of copyright law. These infringements always require the distribution, reproduction, or public performance of copyrighted content.

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Copyright Infringement Copying Copyright Law Copyright 145

Velocity of Content

DECEMBER 4, 2024

The Copyright Act provides an exclusive right “to prepare derivative works based upon the copyrighted work” and defines “derivative work” in part as any work “ based upon one or more preexisting works.” This has been a long-standing question in copyright law. 101 (definition of “derivative work”). See 17 U.S.C. §

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Biswajit Sarkar Copyright Blog

FEBRUARY 11, 2022

Given the fact that the copyright law was originally framed to protect literary and artistic works, it needs to be seen how much the law has evolved to grant protection to digitalized works. Kind of Copyright Infringement. The International Conventions on copyright law do provide certain protection to digitalized works.

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Copyright Law Copyright Law Social Media 52

IPilogue

JULY 8, 2021

The European Parliament and Council’s decision to adopt directives on copyright law, as opposed to regulations, is consistent with the dynamic character of copyright law. Articles 3 and 4 of the Directive , introduce text and data mining as a new copyright law exception. The Highly-Debated Article 17.

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Copyright Copyright Law Due Diligence Law 105

The IPKat

JANUARY 24, 2023

The IPKat has received and is pleased to host the following legislative update on the new Ukrainian Copyright Law from Kateryna Militsyna and Liubov Maidanyk (both Taras Shevchenko National University of Kyiv). The law introduced a definition of a work. The lawmakers went even further and introduced its definition.

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Related Rights Law Copyright Moral Rights 145

Kluwer Copyright Blog

MAY 20, 2024

In 2022, the Hamburg Higher Regional Court held Pelham’s use of the Metall auf Metall sample to be lawful under §51a, arguing that pastiche covers the recognizable (re)use of original parts of protected works, insofar as the borrowing work engages in some form of discussion or intellectual interaction with the original work.

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Copyright Law Law Copyright Derivative Work 72

Michael Geist

OCTOBER 9, 2024

The company’s position has been pretty clear from the start: the law applies to digital news intermediaries that make “news content produced by news outlets available to persons in Canada.” With regard to non-qualifying news outlets, the Online News Act’s definitions provide some answers.

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Reporting Business Law Copyright 130

Plagiarism Today

JULY 29, 2021

The goal here is to help developers understand what their rights and responsibilities are under the law and to push back against “unwarranted” takedown notices. ” As part of that, they will train students in the clinic as well as other lawyers on these issues and how to work with developers.

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Copying Intellectual Property Copyright Law 264

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. The definition of the concept of ‘cable transmission’ was at the centre of the analysis. Photo by Markus Spiske on Unsplash.

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Copyright Law Copyright Law Music 64

Plagiarism Today

NOVEMBER 22, 2022

However, there is a major risk there that is easy to overlook and the risk comes from copyright law. Your Obligations Under the Law. Note: This article is focusing on United States law, if you are based in a different country or your server is located in a different country, please check your local rules.

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SpicyIP

FEBRUARY 17, 2025

The Court’s analysis reveals a misunderstanding of how technological innovation intersects with copyright law. By creating an arbitrary distinction between literary works and technological innovations, the judgment risked stifling the very innovation copyright law should encourage.

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Copying Fair Use Copyright Copyright Law 69

IP and Legal Filings

OCTOBER 8, 2023

Plating is in itself an art and in this article, we will discuss whether the Indian copyright law protects how a dish is presented by a chef. Hence, as per this definition given under Section 2(c) of the Act, the plating of a dish may fall under the ambit of artistic craftsmanship. Judgment | Law | CaseMine [4] 17 U.S.

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Copyright Artistic Work Copyright Law Art 105

Kluwer Copyright Blog

APRIL 8, 2025

Pointing to the definition of computer programs, which treats the words machine, device, and process synonymously, the court cites numerous provisions consistently taking machines as mechanisms that assist authors, rather than as authors themselves. Perlmutter affirms the central place of the human being in copyrights doctrinal architecture.

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Copyright Registration Law Copyright Law 81

Kluwer Copyright Blog

MAY 15, 2023

From a copyright law perspective, there are a few interesting issues to consider. Under most copyright laws, including the Berne Convention , authors have a right to be attributed as authors of their works. Attribution right is, however, available for human authors only, not AI.

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Copyright Law Copyright Art Law 133

Plagiarism Today

AUGUST 9, 2021

It’s a fairly unique story in plagiarism and highlights the complexities of dealing with plagiarism when the intersection with copyright law is less-than-seamless. King likely isn’t the first, but they definitely will not be the last. However, this case is a very fascinating one. Fan Fiction, Professional Plagiarism.

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Plagiarism Publishing Copying Copyright Law 264

TorrentFreak

AUGUST 10, 2021

The RIAA also argued that since the Yout service turns streams into MP3 downloads after obtaining a “signature value” from YouTube, that is the very definition of circumventing a TPM. RIAA’s Motion to Dismiss, Yout’s Response.

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Technology Copyright Copyright Law Design 142

Kluwer Copyright Blog

JANUARY 18, 2022

Against this background, the European Copyright Society (ECS) issued on 17 January 2021 a comment on “Copyright and the Digital Services Act”. Copyright law accounts for most content removals from online platforms and search engine result lists, by an order of magnitude. More from our authors: Law of Raw Data.

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Selvam & Selvam Blog

JULY 21, 2021

In the part one of this article, here, we discussed about the general understanding of AI divided as ANI and AGI, ANI’s adoption and influence in the copyright law, and complexities arising out of the adoption of ANI while generating copyrightable works. As Companies Act, we will require an Artificial Intelligence Act.

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Copyright Law Copyright Law Intellectual Property Law 52

LexBlog IP

AUGUST 26, 2021

Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior to 1972. In a lawsuit that was originally filed in 2013 titled, Flo & Eddie, Inc.

Copyright Law 52

Copyright Law Copyright Law Ownership 52