Kluwer Copyright Blog

OCTOBER 3, 2022

Welcome to the third 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. This is a preliminary reference from the Portuguese Supereme Court, which interprets the notion of “cable restransimission”.

Copyright Law 119

Copyright Law Copyright Law Music 119

Kluwer Copyright Blog

DECEMBER 19, 2024

Image by Dimitris Vetsikas from Pixabay Ministers from six European countries (Belgium, Denmark, Finland, France, The Netherlands and Sweden) have written a joint letter to the European Commission regarding the need for a legislative proposal on rules and boundaries of international application of EU law on copyright and neighbouring rights.

Copyright Law 52

Copyright Law Law Copyright Editing 52

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. Photo by Markus Spiske on Unsplash. We started this rubric in the beginning of 2021. Stay tuned as a comment on the study is coming soon in the blog.

Copyright Law 121

Copyright Law Law Copyright Reporting 121

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. CONCLUSION.

Copyright Law 97

Copyright Law Copyright Law Music 97

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.

Copying 124

Copying Copyright Law Technology Copyright 124

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? First, the common law contributory infringement elements refer to “induce, cause, or materially contribute” direct infringement, not “encourage.” Copyright Law Might Disagree–Greer v.

Copyright Law 115

Copyright Law Copyright Law Copyright Infringement 115

Velocity of Content

OCTOBER 20, 2021

“Machine Learning” (ML) is a concept from computer science that refers to cases of algorithmic processes being applied to data in an iterative fashion (i.e., The post Future-facing Topics in Copyright: USCO and USPTO to Stream Discussion of “Copyright Law and Machine Learning” appeared first on Copyright Clearance Center.

Copyright Law 105

Copyright Law Copyright Social Media Law 105

IP and Legal Filings

APRIL 19, 2022

The Information Technology Act of 2000 [hereinafter referred to as the “IT Act”] regulates the intermediaries or Internet Service Providers (ISPs) involved. As a result, the IT Act’s obligations have precedence over all other laws. Copyright owners, on the other hand, are barred from exercising their copyright law rights.

Copyright Law 97

Copyright Law Copyright Law Copyright Infringement 97

Plagiarism Today

JANUARY 3, 2022

2: SoundExchange Royalties Dispute with Music Choice to be Referred to Copyright Royalty Board. Copyright Law, works lapse into the public domain on January First of the year their copyright expires. Milne’s book Winnie the Pooh.

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Public Domain Music Derivative Work Licensing 246

IIPRD

JANUARY 22, 2025

One such legal issues is what is referred to as “fair use,” which becomes particularly problematic in the context of the copyright law. Such databases may include work that is copyrighted. Different jurisdictions have different copyright laws. Another important factor is market effect.

Fair Use 95

Fair Use Intellectual Property Derivative Work Copyright Law 95

IP and Legal Filings

MARCH 10, 2023

Some argue that Section 22 is in contrast with that of Sections 26 or 27 since it provides a little more protection to the authors of a literary or musical work as compared to a cinematograph film or sound recording under the ambit of Copyright Law. Yet my question is even if it provides a little more protection, is that enough?

Copyright Law 98

Copyright Law Copyright Law Public Domain 98

The IPKat

OCTOBER 30, 2023

In fact, and much to the contrary, it has been established national law and practice – prior and after ‘Cofemel’ – that the scope of protection correlates with the level of originality which, in return, corresponds with the degree of departure from the existing design corpus (i.e., the “degree of creative freedom exercised by the author”).

Copyright Law 61

Copyright Law Copyright Law Marketing 61

Plagiarism Today

APRIL 27, 2022

The fake lawyer identifies herself as a trademark attorney, but is handling a copyright issue. It refers to the Wayback Machine as a “permanent public archive” though it is far from that. The letter also makes reference to a “DMCA legal case”, which is simply not a thing. It would be a copyright infringement case.

Copyright Infringement 290

Copyright Infringement Public Domain Copyright Copyright Notice 290

SpicyIP

JANUARY 3, 2024

Shivam is a 2020 law graduate from Benaras Hindu University and is a former law researcher at the Delhi High Court. AI Image generated by Shivam, using Gencraft Copyright Bill, 1955: the Best Copyright Law that India Never Had By Shivam Kaushik Seen from Nehru’s eyes , Indian independence was a ‘tryst’ with destiny.

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Copyright Law Copyright Law Registration 69

Kluwer Copyright Blog

MARCH 30, 2025

On appeal against a decision of the Higher Regional Court of Cologne, the BGH confirmed that the Birkenstock sandals did not display a sufficiently high degree of creativity to qualify for copyright protection as works of applied art. On the facts, the BGH could also not conclude that the appeals court had made relevant errors.

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Copyright Art Designs Design 52

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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Copyright Government Copyright Law Law 72

Plagiarism Today

JANUARY 24, 2022

If you’re either based in the United States or are interested in how copyright works in the United States, this is a great overview and it quickly dispels many of the copyright myths that still continue to plague the internet after decades. What it Leaves Out. However, even when looking at it from a U.S.

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Copyright Public Domain Registration Plagiarism 278

Kluwer Copyright Blog

MARCH 30, 2025

On appeal against a decision of the Higher Regional Court of Cologne, the BGH confirmed that the Birkenstock sandals did not display a sufficiently high degree of creativity to qualify for copyright protection as works of applied art. On the facts, the BGH could also not conclude that the appeals court had made relevant errors.

Copyright 52

Copyright Art Designs Design 52

The IPKat

SEPTEMBER 17, 2023

Here’s what Lokesh writes: Interpreting Article 17 of the Berne Convention: An unexplored emergency provision in international copyright law? This can include the provisions in copyright laws of countries that can arguably be used for public emergencies. 28 of 2014 ), the Dominican Republic (Article 48 of Law No.

Copyright Law 83

Copyright Law Copyright Law Intellectual Property 83

SpicyIP

FEBRUARY 28, 2025

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Hence, through their operational frameworks, the platforms complained of were alleged to infringe the copyright, and broadcasting rights held by Star India. [This post is authored by Tanishka Goswami.

IP 59

IP Copyright Infringement Copyright Copyright Law 59

Kluwer Copyright Blog

JUNE 29, 2023

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. Almost all EU member states have implementesd the Directive into their national laws.

Copyright Law 64

Copyright Law Law Copyright Publishing 64

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.

Copying 69

Copying Fair Use Copyright Copyright Law 69

JD Supra Law

FEBRUARY 28, 2023

Foreword - In legal sense, "architectural works" refer to works with aesthetic significance expressed in the form of buildings or structures, which are protected by Copyright Law. However, landmark buildings have public attributes in addition to the legal attributes of copyright.

Copyright 98

Copyright Copyright Law Advertising Advertising 98

Kluwer Copyright Blog

FEBRUARY 28, 2024

Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn. Copyright law has always been an emotional topic. To repeat, copyright law is an emotional topic. Fuelled by AI concerns, it becomes borderline explosive.

Copyright Law 64

Copyright Law Copyright Law Music 64

IP and Legal Filings

MARCH 30, 2024

By emphasizing the significance of human creative work in determining copyright ownership, the reasoning of the court offers a concise exposition of the core ideas of copyright law. AI vis-à-vis Indian Copyright Law For a work to be accorded copyright protection, there are two fundamental criteria to be met.

Ownership 52

Ownership Copyright Law Copyright Artwork 52

TorrentFreak

JANUARY 17, 2024

It involved the use of copyrighted content to create an alleged ‘parody’ (one that many people would find offensive), the distribution of that content to the public via Twitter, and a defendant claiming immunity under copyright law. Not that other routes hadn’t already been tested, however.

Copyright 141

Copyright Derivative Work Fair Use Reporting 141

IIPRD

MARCH 5, 2025

Blog sought to study global moves or court cases that have taken place regarding uses of copyright in made-always-with-an-AI creation and provide discussion over possible solutions to the future of intellectual property laws. Copyright Act regulates the works which are created by humans only.

Copyright 52

Copyright Intellectual Property Copyright Law Artwork 52

Velocity of Content

OCTOBER 19, 2023

The culmination of a decades-long effort, and well before the Digital Millennium Copyright Act and Copyright Term Extension Act were passed in 1998, the 1976 Copyright Act ushered in a new era of copyright law in the United States. In the many years that have since passed, the 1976 Act has been updated many times.

Copyright 116

Copyright Fair Use Copyright Law Copyright Notice 116

IP and Legal Filings

DECEMBER 23, 2024

RELEVANT LAWS While the Fair Use of Copyright Doctrine has been codified under Section 52 of the Indian Copyright Act, 1957, Indian courts frequently assess the facts and circumstances of each case by referring to the four doctrinal factors laid under Section 107 of the US Copyright Law.

Fair Use 52

Fair Use Derivative Work Journalism Copyright Infringement 52

Michael Geist

DECEMBER 3, 2024

The companies aren’t hiding the ball as there are repeated references along the lines of “ at all times, Open AI was and is well aware of its obligations to obtain a valid licence to use the Works. It has already entered into licensing agreements with several content creators, including other news media organizations.”

Settlement 113

Settlement Copyright Licensing Copyright Infringement 113

TorrentFreak

JUNE 11, 2024

The paperwork references article 15 of a foreign copyright law, quoting a ‘work for hire’ section that matches article 15 of Japan’s copyright law. That happens to be the home country of Nintendo.

Copyright Law 117

Copyright Law Copyright Copyright Infringement Music 117

The IPKat

APRIL 8, 2022

But for IP types, perhaps their most notable accomplishment was the revenge that they took upon the copyright system. And, while the copyright laws were used to try to keep the film from public view, ultimately it failed, to the continuing benefit of cinematic creation. Enter the copyright laws.

Derivative Work 134

Derivative Work Copyright Cinema Copyright Law 134

Copyright Lately

DECEMBER 29, 2024

But what the court referred to as an obscene tirade hardly warranted ordering Chicken Joe’s to pay a whopping $27,336.32 For decades, courts, practitioners, and anyone with a passing familiarity with copyright law have understood that statutory copyright terminationlike U.S. The shot heard round the world.

Copyright 116

Copyright Social Media Cease and Desist Fair Use 116

TorrentFreak

JANUARY 27, 2023

. “The following websites have stolen my copyright and they have no right to sell them, please remove the following links from search results,” ‘Musk’ writes in one of the requests, citing one of his ‘own’ tweets. — From: TF , for the latest news on copyright battles, piracy and more.

Design 140

Design Designs Copyright Law Reporting 140

TorrentFreak

JULY 28, 2022

In addition, Bright House is also allowed to use the term “spying” when referring to network management tools. No Copyright Alert System Ban. copyright law,” the wrote. As a result, the ISP can use the Copyright Alert System argument in court. This request was denied as well.

Music 145

Music Copyright Contracts Copyright Law 145

TorrentFreak

JULY 29, 2024

In layman’s terms, by meddling with the appearance of the publisher’s website in users’ browsers, AdBlock Plus breached Axel Springer’s rights under copyright law. Eyeo dismissed the claim as “almost absurd” and Springer carried on regardless.

Copyright 144

Copyright Publishing Copyright Law Privacy 144

The IP Law Blog

MARCH 10, 2022

On February 14, 2022, the Copyright Review Board issued a decision affirming the Office’s refusal of registration. The Board held that “copyright law only protects ‘the fruits of intellectual labor’ that ‘are founded in the creative powers of the human mind’,” citing the Compendium of U.S. Copyright Office Practices , §602.4(c)

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Art Copyright Copyright Law Registration 97