Patently-O

FEBRUARY 20, 2024

By Dennis Crouch and Timothy Knight* The Supreme Court is set to hear oral arguments on February 21 in an important copyright case – Warner Chappell Music v. ” Copyright’s statute of limitations bars claims not “commenced within three years after the claim accrued.” ” 17 U.S.C. § See 38 U.S.

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Patently-O

MAY 9, 2024

2024) , resolving a circuit split over the availability of back-damages in copyright infringement cases. 507(b)’s requirement that copyright infringement lawsuits be “commenced within three years after the claim accrued,” a discovery rule has long been considered applicable in copyright cases. Nealy , No.

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Copyright Music Due Diligence Licensing 89

Intellectual Property Office Blog

NOVEMBER 26, 2020

Copyright is scary. Throw in the worry of including something in those shoots that has copyright attached to it, and you don’t have permission to use it, then the dread of being sued really sets in. Apart from the copyright law that means every piece of 'designer' furniture, craftsmanship and art must be checked for copyright.

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Traverse Legal Blog

MARCH 8, 2022

In this video, we will also examine the legal strategies each project got right on trademark registration and copyright licensing. What Is A Copyright and How Does It Apply to NFTs? Copyright is different than a trademark. Copyright identifies the author or artist who owns the “Work” (i.e.

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Technology & Marketing Law Blog

MAY 15, 2024

In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.” Nealy , No.

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Traverse Legal Blog

SEPTEMBER 12, 2023

This text discusses the basics of copyright and how it applies to artificial intelligence (AI). It highlights the importance of understanding copyright laws when using data for AI training or generating content. It debunks common misconceptions, such as assuming publicly available data is protected from copyright protections.

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Copyright Copyright Law Fair Use Intellectual Property 52

LexBlog IP

SEPTEMBER 12, 2023

This text discusses the basics of copyright and how it applies to artificial intelligence (AI). It highlights the importance of understanding copyright laws when using data for AI training or generating content. It debunks common misconceptions, such as assuming publicly available data is protected from copyright protections.

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Copyright Copyright Law Fair Use Intellectual Property 52

Trademark and Copyright Law Blog

APRIL 13, 2021

Due diligence for mergers and acquisitions. Jenevieve Maerker , Counsel, Co-Chair, Trademark, Copyright & Unfair Competition Practice, LLP. Jenevieve Maerker , Counsel, Co-Chair, Trademark, Copyright & Unfair Competition Practice, LLP. Co-branding agreements. Bankruptcy. Nicole Kinsley , Counsel, Foley Hoag LLP.

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The IPKat

AUGUST 27, 2023

It brought us insights on platform liability under copyright law, safe harbours, and injunctions. Without the provision and management of the sales platform, it would be impossible, or at least more complex, to freely share potentially copyright-infringing content on the internet.

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LexBlog IP

FEBRUARY 11, 2024

It’s a topic that feels right out of a thrilling legal drama: should AI models be fed with copyrighted content? Much of that content is protected by copyright laws. The Perks of Using Copyrighted Content: Should We Feed the Machine? Are you safeguarding your innovations with due diligence?

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Copyright Due Diligence Content Creation Copyright Law 52

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? Buying Copyrights. The first thing that’s important to understand is that buying a copy of a creative work, even if it happens to the only copy in existence, doesn’t give you any copyright interest in the work. Buying Objects ? Definitely.

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LexBlog IP

APRIL 13, 2022

This article highlights for you a handful of issues that should be considered when conducting due diligence prior to the purchase or license of costly new software. Generally, the issues we will highlight for you pertain to: Copyright ownership. Copyright Ownership. Use of open source code. Existence of prior licenses.

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IP Due Diligence Ownership Licensing 52

Kluwer Copyright Blog

JULY 14, 2023

Context Copyright can be challenging for cultural institutions (or “GLAM“ for Galleries, Libraries, Archives and Museums) when pursuing digitization and dissemination activities, as copyright governs whether a given work can be used and if so, how (as shown in recent studies for museums , archives or libraries ). Proposal 1.

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IIPRD

JANUARY 24, 2023

Copyright Protection Software and computer code being the backbone of every Fintech company, is the most essential element to be protected through a copyright. As customers tends to use services with easy GUI, program’s code, visual interface features, programming interface is also protected by a copyright.

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IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

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LexBlog IP

DECEMBER 6, 2021

Software products, functionality, and source code can be protected through various means, including trademarks, copyrights, patents, trade secrets, and non-disclosure agreements. Copyright Protection for Source Code. Copyright Protection for Source Code. Software technology is patentable under International and US Patent law.

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LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

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Trademark Non-Fungible Tokens Intellectual Property Brands 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

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Kluwer Copyright Blog

JANUARY 18, 2022

Image by European Copyright Society. To achieve these aims, the DSA sets out numerous due diligence obligations of intermediaries concerning any type of illegal information, including copyright infringing content. 17 of the Copyright in the Digital Single Market Directive (CDSMD). EXECUTIVE SUMMARY.

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Kluwer Copyright Blog

FEBRUARY 24, 2023

Photo by Christian Wiediger from Unsplash 2021 saw a very active German Bundesgerichtshof (“BGH” – Federal Supreme Court) in the area of copyright law. This article covers the most relevant copyright law decisions of the BGH from that year. Part II will cover claims under copyright law and collecting societies.

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Law Copyright Due Diligence Copyright Infringement 52

IPilogue

JULY 8, 2021

On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and related rights in the Digital Single Market. June 7, 2021 was the deadline for the member states to enact their national laws in accordance with the Directive. Article 17’s copyright exceptions are also problematic.

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IIPRD

NOVEMBER 14, 2023

Both the e-platforms and sellers have to take initiatives wherein the sellers need to register their products for trademark, copyrights and patents while the platforms have to exercise strict no-tolerance policy in case of infringements. The exception here is that due diligence must be exercised by them.

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Kluwer Copyright Blog

JUNE 19, 2023

However, the ensuing craze and notoriety generated by many high-value NFT transactions has revealed a slew of unanswered legal copyright questions and issues. However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase.

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Non-Fungible Tokens IP Ownership Contracts 98

TorrentFreak

JULY 23, 2023

That includes copyright infringement. Primarily, we stress that our service is not intended to be used for illegal activities and copyright infringements and we request our users to comply with this when accepting our Terms of Use. If we receive any type of DMCA requests or Copyright Infringement Notices – we ignore them.

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IIPRD

FEBRUARY 8, 2024

Although cloud offerings are often global and multi-jurisdictional, the IP laws governing services generally remain territorial and national. Copyright laws, for instance, vary from jurisdiction to jurisdiction. What constitutes copyright infringement in one country may not be in another. Thus, in Tiffany(NJ) Inc.

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The IPKat

AUGUST 11, 2022

Last week, Kenya's government agency in charge of copyright matters, Kenya Copyright Board (KECOBO) published an advisory via its Twitter handle. This post reviews KECOBO’s advisory in the light of Kenya’s copyright law and policy. This is so for several reasons but this post highlights two.

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IP and Legal Filings

DECEMBER 6, 2024

However, it has also posed severe legal problems, particularly in copyright issues. As the content becomes more accessible and shareable through digital platforms, there is an increased possibility of unlawful use, infringement, and piracy, and this has resulted in a complicated web of copyright conflicts.

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Kluwer Copyright Blog

NOVEMBER 27, 2024

Generated with OpenAI’s DALL-E 3 model based on a prompt corresponding to the wording of Recital 106 AI Act Introduction The interaction between the AI Act ( Regulation 2024/1689 ) and the exceptions for text and data mining (TDM) in the CDSM Directive is one of the most important topics in EU copyright law today.

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Kluwer Copyright Blog

JANUARY 13, 2025

The German Federal Supreme Court (Bundesgerichtshof BGH) has ruled on the liability of online marketplaces for copyright infringement by their users when uploading copyright infringing photographs. Instead, liability remains governed by the criminal law principles of perpetration and participation.

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Cease and Desist Copyright Copyright Infringement Journalism 59

Kluwer Copyright Blog

DECEMBER 16, 2024

The Codes objectives emphasise that the Providers should ensure and demonstrate compliance with their obligations under the AI Act, enable the AI Office to assess compliance, integrate AI models effectively, follow EU copyright law, and continuously manage systemic risks. The first draft of the Code is available here.

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