TorrentFreak

JULY 27, 2021

Back in 2016, the European Commission announced plans to amend EU copyright law to better meet emerging challenges on the Internet. One of the most controversial elements of the new Copyright Directive was Article 13 (now Article 17).

Copyright Law 143

Copyright Law Copyright Law Licensing 143

Kluwer Copyright Blog

FEBRUARY 20, 2024

By excluding the creation of generative artificial intelligence from the scope of both TDM exceptions, the Polish copyright law would remove any statutory basis for the use of copyrighted works in the context of building generative AI models.

Copyright Law 143

Copyright Law Copyright Law Government 143

IP and Legal Filings

JUNE 12, 2023

Introduction The word ‘parody’ refers to work that uses humor as a means to critique, ridicule, or expose the flaws in existing work. Anand case, they are appropriately referred to as the ‘locus classicus’, and their importance in finding copyright violations for cinematographic films is enormous. 2003 (27) PTC 457 (Bom) (DB).

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

IP and Legal Filings

JULY 29, 2024

This puts educators in a rather fragile position where they risk violating the rights of copyright owners in their endeavours of enriching their teaching with a variety of materials. Informing the users of the copyright laws and the repercussions of violating them is the other measure of risk management.

Copyright Law 104

Copyright Law Copyright Law Copyright Infringement 104

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

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 127

Copying Copyright Law Technology Copyright 127

Michael Geist

JULY 20, 2022

For much of the past two decades, copyright groups have steadfastly sought to deny what the Supreme Court of Canada has repeatedly endorsed, namely that the purpose of Canadian copyright law is to serve the public interest by balancing users’ and authors’ rights. ” The decision – SOCAN v.

Copyright Law 145

Copyright Law Copyright Law Music 145

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

The IPKat

JUNE 22, 2021

These are some of the questions that the German Federal Court of Justice had referred to the Court of Justice of the European Union (CJEU) in two separate cases, which were subsequently joined: YouTube , C-682/18 and Cyando , C-683/18. It will be for the referring court of make a determination in both cases.

Copyright Law 124

Copyright Law Copyright Law Copyright Infringement 124

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.

Public Domain 246

Public Domain Music Derivative Work Licensing 246

The IPKat

DECEMBER 21, 2021

This review of Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty by Tito Rendas, is brought to you by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales. Both authors frame their work by reference to the debate over legal standards and rules.

Copyright Law 116

Copyright Law Law Copyright Fair Use 116

Kluwer Copyright Blog

OCTOBER 1, 2024

Photo by Markus Spiske on Unsplash Now that the summer is formally over it is time for the third trimester of the 2024 roundup of EU copyright law. It has been generally a quiet trimester during the summer with things heating up in September with two new preliminary references. You can read the previous roundups here.

Copyright Law 75

Copyright Law Copyright Law Blogging 75

The IPKat

NOVEMBER 30, 2023

The GUIs at issue in THJ What does originality in copyright law mean? Recently, it was tackled once more by the Court of Appeal of England and Wales in a case – THJ v Sheridan [2023] EWCA Civ 1354 – concerning copyright protection of graphic user interfaces (GUIs). This is an evergreen – yet still vexed – question.

Copyright Law 97

Copyright Law Law Copyright Copying 97

Kluwer Copyright Blog

JANUARY 4, 2024

Welcome to the fourth (and last) round up of EU copyright law for 2023! In this edition, we update you on what has happened in the last three months of 2024 in EU copyright law. Finally, the CJEU has received its first preliminary references on the CDSM Directive. You can read the previous round-ups here.

Copyright Law 78

Copyright Law Law Copyright Reporting 78

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

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. The autumn has started with full speed – the courts and the policy makes have been very active.

Copyright Law 80

Copyright Law Law Copyright Copying 80

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. This is without doubt a weakness, which leaves both creators and users at the veritable mercy of online platforms.

Copying 105

Copying Copyright Law Copyright Social Media 105

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

The IPKat

MARCH 13, 2022

Kat- quotation There is little doubt that one of the most (if not the most) significant exceptions in copyright law is the one relating to quotation, criticism or review. It then immediately (and correctly) rejected both arguments of the Court of Appeal referred to above, finding them devoid of any legal merit. The answer is no.

Copyright Law 104

Copyright Law Copyright Law Artwork 104

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.

Copyright 75

Copyright Government Copyright Law Law 75

The IPKat

MARCH 25, 2024

Here’s what Henning writes: Works of applied art – the difference between design and copyright law by Henning Hartwig I. USM Haller modular furniture In 2011, the Court of Justice of the EU (CJEU), for the first time, had to decide on issues revolving around the protection of different categories of works under European copyright law.

Copyright Law 80

Copyright Law Art Designs Design 80

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.

Copyright Law 72

Copyright Law Law Copyright Derivative Work 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.

Copyright 278

Copyright Public Domain Registration Plagiarism 278

43(B)log

OCTOBER 16, 2024

2, 2024) ASTM, which produces technical standards, sued UpCodes for providing free online access to unauthorized copies of ten ASTM standards, all of which have been incorporated by reference into state and local legal codes. ASTM sought a preliminary injunction based on its copyright and trademark claims, which the court denied.

Law 59

Law Fair Use Copying Publishing 59

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

DECEMBER 7, 2024

Other The European Copyright Society (ECS) has recently published its opinion on the protection of works of applied under EU copyright law, suggesting responses to the pending references in Mio and konektra (C-580/23 and C-795/23, respectively; see IPKat here and here ). The application deadline is January 20, 2025.

Intellectual Property 59

Intellectual Property Confidentiality Copyright Law Registration 59

Kluwer Copyright Blog

APRIL 8, 2025

Perlmutter is an easy case making good law or at least thats the way D.C. Circuit wrote the opinion, engaging traditional tools of statutory interpretation to show that author refers only to human being. Perlmutter affirms the central place of the human being in copyrights doctrinal architecture. For over a century, the U.S.

Copyright 81

Copyright Registration Law Copyright Law 81

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

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

Kluwer Copyright Blog

NOVEMBER 5, 2024

Using WIPO’s words : “ AI-generated” and “generated autonomously by AI” are terms that are used interchangeably and refer to the generation of an output by AI without human intervention. The choice not to define computer programs was intended precisely to futureproof the law. To an extent, it will replace programming languages.

Copyright 72

Copyright Designs Design Copyright Law 72

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 Advertising Copyright Law Advertising 98

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright 138

Copyright Copyright Law Fair Use Law 138

The IPKat

APRIL 8, 2022

The broader relevance of the referrals The importance of these referrals to trade mark law and, more generally, IP cannot be overstated. The trade mark framework Insofar as trade mark law is concerned, Article 9(3) EUTMR refers to a non-exhaustive list of situations which are to be regarded as trade mark use.

Law 138

Law Advertising Advertising Marketing 138