Technology & Marketing Law Blog

JANUARY 3, 2023

” However, Wallshoppe does not allege Defendant knew of the specific acts of infringement at issue here—Sienna Lewis selling products featuring the Palm Design on Defendant’s website. Jury awards nearly $50M in damages against Internet access provider for user-caused copyright infringement. Wallster, Inc. Redbubble, Inc.,

Copyright 111

Copyright Social Media Copyright Infringement Publishing 111

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. 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.

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Copyright Copyright Law Due Diligence Law 105

The IPKat

JANUARY 29, 2025

For those of you still finishing up their IP book pile, The IPKat team is extending the deadline to vote for your favourite IP books of 2024 until 10 February 2025.

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Social Media Intellectual Property Related Rights Publishing 59

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021. Section 53A).

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Copying Copyright Law Copyright Social Media 105

azrights

AUGUST 11, 2022

As AI platforms like Midjourney , or Dall-E2 are widely adopted the question that is increasingly being asked is about the copyright position. It’s possible to create striking artistic images, music, poems and the like using Artificial Intelligence (AI) platforms so people naturally wonder who owns the rights in the output?

Copyright 97

Copyright Due Diligence Design Designs 97

The IPKat

DECEMBER 1, 2023

As always, readers can vote for books in five categories: Patents, Copyright (including related rights and performers’ rights), Trade Marks (including Geographical Indications), Designs and Intellectual Property (any book that covers more than one type of IP).

Social Media 122

Social Media Intellectual Property Intellectual Property Law Related Rights 122

The IPKat

JANUARY 21, 2022

The book covers the rights of performers, particularly the rights conferred under Part II of the Copyright, Designs and Patents Act 1988 (as amended). Those working in the field of media and entertainment law will no doubt be familiar with Arnold's authorial text on Performer's Rights.

Moral Rights 129

Moral Rights Contracts Editing Related Rights 129

Kluwer Copyright Blog

MAY 1, 2024

Source: European Copyright Society This blog post contains an edited version of the European Copyright Society’s Opinion on Case C-227/23, Kwantum Nederland and Kwantum België. The Berne Convention underscores the national treatment of foreign authors, allowing Union states to protect designs through various means.

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Copyright Art Designs Design 72

Kluwer Copyright Blog

JANUARY 9, 2023

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2023 to all of our readers, as well as reflect on developments in copyright over the past year. YouTube’s first Copyright Transparency Report 2021 – A step towards “factfulness” by Jan Bernd Nordemann. Since then, courts in the U.S.

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Blogging Copyright Fair Use Reporting 95

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). Claims under copyright law. Protection of technical measures (Section 95a UrhG).

Contracts 98

Contracts Copyright Law Cease and Desist 98

The IPKat

FEBRUARY 3, 2023

Within days, stock image supplier Getty Images announced that it was one of the “folks” who disagreed – and disagreed so strongly that it had commenced legal proceedings in the High Court in London alleging copyright infringement. This litigation has arisen amongst a flurry of recent interest in AI generated works.

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Litigation Copying Copyright Designs 143

Kluwer Copyright Blog

DECEMBER 14, 2022

And even though these works are often primarily utilitarian facts, ideas, and procedures, most are sufficiently original to attract copyright originality in their entirety. It is often prepared and published by either the original equipment manufacturers (OEMs) or third-party publishers. Image by Annie Spratt. Citing the U.S.

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Copyright Cease and Desist Fair Use Publishing 105

TorrentFreak

MARCH 24, 2025

This is most evident where sentences for copyright offenses are perceived to be less punitive than those available for crimes like fraud, for example. With amendments to Article 10, the bill introduces specific offenses based on the offense of copyright infringement and related rights provided for by the Intellectual Property Code.

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Advertising Advertising Marketing Marketing 62

LexBlog IP

MAY 18, 2022

” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. Beijing Zhongrong Hengsheng Wood Industry Co.

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Designs Design Copyright Artistic Work 40

Kluwer Copyright Blog

JUNE 27, 2023

Generally speaking, the approved transposition follows the text of the Directive rather closely, similarly to other delayed implementations such as the Irish one , without embracing a more “creative” legislative design, as has been the case for instance in Germany and Greece. 2-x Copyright Code. However, Art. 15 and 17 CDSM Directive.

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Art Contracts Publishing Licensing 105

The IPKat

JANUARY 18, 2025

Vote here for your favourite books in the categories of patents, copyright (incl., related rights, performers rights), trade marks (incl., geographical indications), designs, best foreign language/non-English IP book and IP in general (books covering diverse IP rights). More information here.

Intellectual Property 69

Intellectual Property IP Music Reporting 69

TorrentFreak

MARCH 22, 2024

The Paris court noted that the site “encouraged the infringement of copyright and related rights by setting up tools specifically designed for the mass and illicit sharing of protected content.” From: TF , for the latest news on copyright battles, piracy and more. 1 to 3 were masked.”

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Reporting Intellectual Property Design Designs 127

The IPKat

OCTOBER 4, 2022

its pattern, trade mark or design) to determine whether it is genuine or counterfeit. This use case analyses the impact of these technologies on the monitoring, management and moderation of the large amount of copyright-protected content shared through these services.

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Technology Publishing Social Media Intellectual Property 119

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. According to the AG, it follows from Article 297 TFEU that EU law is, in principle, not capable of benefiting from copyright protection.

Copyright Law 64

Copyright Law Law Copyright Publishing 64

The IPKat

JANUARY 30, 2022

Here they are in case you missed them: TRADE MARKS Katfriend Marijus Dingilevskis posted on a recent decision of the Lithuanian Supreme Court, which states that even if a trade mark has been registered in the international register for 40 years, this is no guarantee that a subsequent national designation will be also registered.

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Moral Rights Database Right Designs Design 78

The IPKat

DECEMBER 23, 2023

The case relates to a trade mark application to register the word mark 'BASMATI' for rice, which is being opposed on the basis of the UK law of passing off. Copyright and Designs Chijioke Okorie outlined the developments in copyright law across the African continent throughout the year as part of the “Africa IP Highlights” series for 2023.

Intellectual Property 69

Intellectual Property IP Copyright Law Invention 69

Kashishipr

AUGUST 31, 2022

However, in this aspect, what needs to be duly noted is that staying on top of Copyright Laws , rules, and regulations on a content-rich internet can be challenging. However, it is undoubtedly imperative for online content creators to know the ABCs of copyright terminology for safeguarding their unique content.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

Kluwer Copyright Blog

DECEMBER 1, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for OCSSPs (“online content-sharing services providers”).

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Reporting Marketing Marketing Copyright 52

The IPKat

DECEMBER 10, 2023

Copyright Anastasiia Kyrylenko discussed the recent interpretation of Article 4 of Directive 2004/48/EC by the CJEU in relation to possibility for collective management organisations to bring, in their own name, actions for copyright infringement on behalf of the right holders.

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Registration Copyright Law Copyright Intellectual Property 69

Kluwer Copyright Blog

JUNE 28, 2022

However, the tension between the new rules introduced by the Data Act Proposal and potential intellectual property protection, including copyright protection, will require further coordination efforts. This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement.

Copyright 52

Copyright Intellectual Property Database Right Related Rights 52

The IPKat

MARCH 18, 2023

As someone who has also authored a practical guide ( Copyright in the Music Industry ) that is aimed at a novice audience, this Kat must stress the intended audience of the book and, as such, the lack of references and appendices of legal texts. The second part focuses on protecting products through patents and industrial design.

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Intellectual Property Moral Rights Database Right Editing 80

Kluwer Copyright Blog

MARCH 21, 2023

The Directive does this through a mandatory exception for copyright infringement that allows cultural heritage institutions and educational institutions to reproduce and make available orphan works from their collections to the public. As a result, the impossibility to disseminate valuable cultural heritage remained.

Copyright 105

Copyright Marketing Marketing Licensing 105

The IPKat

DECEMBER 28, 2023

As always, readers can vote for books in five categories: Patents, Copyright (including related rights and performers’ rights), Trade Marks (including Geographical Indications), Designs and Intellectual Property (any book that covers more than one type of IP).

Social Media 59

Social Media Intellectual Property Intellectual Property Law Related Rights 59

Kluwer Copyright Blog

OCTOBER 23, 2024

Secondary Publication Rights as Enablers of (Green) Open Access SPRs are rights under copyright law that allow authors of publicly funded scientific research to post their published works on institutional websites and repositories, without the need for permission from the publishers that often own the copyrights.

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Publishing Journalism Copyright Editing 81

Kluwer Copyright Blog

DECEMBER 1, 2021

On 29 October 2021, the UK Intellectual Property Office launched a public consultation looking at how the copyright and patent regimes should deal with artificial intelligence. That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. Computer-generated works (CGW).

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IP Inventor Invention Intellectual Property 75

Kluwer Copyright Blog

FEBRUARY 9, 2022

As a matter of principle, the exercise of the exclusive rights under copyright is the author’s individual prerogative: it is the author who decides whether they wish to authorize the reproduction or communication to the public of their works (the same goes for the performer, the producers, the broadcaster or the news publisher).

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Copyright Licensing Art Publishing 52

Kluwer Copyright Blog

MAY 18, 2022

This part II discusses the growth of public regulators as a check on the rise of private power in the online environment, addresses new institutional arrangements in the EU for regulating conduct online, and highlights our proposal for a new EU copyright institution. A New EU Copyright Institution.

Copyright 52

Copyright Marketing Marketing Law 52

SpicyIP

MARCH 15, 2022

The EU took the Intellectual Property route by introducing a related right under its copy right law. The right is an exclusive right to reproduction and making the content available online to the EU press publishers against online use of their content by information society service providers for two years.

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Publishing Marketing Marketing Advertising 104

Kluwer Copyright Blog

JANUARY 31, 2023

Therefore, case law plays a huge role in ensuring the establishment of a fair and balanced liability regime, in particular as concerns the issue of (indirect) liability for internet service providers and other intermediaries whose services are used to commit copyright infringements. That has now changed.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

The IPKat

SEPTEMBER 4, 2024

AGA did not accept the sales of the cookers changed by the UKIG since they were no longer counted as the original AGA Cookers which led to the infringement of AGA`s trade mark rights. Furthermore, AGA also discussed a possible copyright infringement in its design. On the copyright side, AGA was granted permission to appeal.

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Personality Rights IP Art Copyright 59

IP and Legal Filings

NOVEMBER 30, 2022

Additionally, it requires Cambodia to maintain online databases with data on applications and registrations for patents, industrial designs, and trademarks. A GI is a label placed on goods with a geographic origin and a quality, reputation, or other attribute associated with that location. Conclusion.

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Intellectual Property Marketing Marketing IP 95

Kluwer Copyright Blog

JUNE 6, 2022

With its ruling in Poland v Commission ( C-401/19 ) on 26 April 2022 the Court of Justice of the European Union (CJEU) dismissed an action to annul Article 17 of Directive (EU) 790/2019 on copyright and related Rights in the Digital Single Market (CDSM Directive). C-18/18, Glawischnig-Piesczek v Facebook Ireland ).

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Copyright Settlement Law Copying 59