Kluwer Copyright Blog

FEBRUARY 22, 2025

Unless the Court of Appeals decision is appealed to the Supreme Court, the copyright and performers rights claims made by the estates of former JHE band members against Sony Music Entertainment will proceed to a full trial. Summary judgment and strike out are procedural tools that can be used to resolve disputes early without a full trial.

Litigation 59

Litigation Music Ownership Copyright 59

IPilogue

DECEMBER 10, 2021

Seventy-two years later, Scott-Giles’ granddaughter, Jocelyn Bundy, noticed that “ an image virtually identical ” to Scott-Giles’ illustration was being used in the popular grunge-rock band Nirvana’s merchandise and brought a copyright infringement lawsuit in the United States for damages covering decades of sales. copyright law.

Copyright Infringement 111

Copyright Infringement Copyright Public Domain Ownership 111

Plagiarism Today

SEPTEMBER 15, 2021

1: Pearson Education Sues Chegg, Alleging ‘Massive’ Copyright Infringement. They claim that it’s a violation of the copyright not only of those textbooks, but of any answer keys that the companies does or will provide. Let me know via Twitter @plagiarismtoday.

Copyright Infringement 246

Copyright Infringement Settlement Licensing Publishing 246

IP Watchdog

APRIL 15, 2024

Copyright Office’s refusal to register copyright to an artwork generated by Thaler’s Creativity Machine. Copyright Act preventing Thaler from claiming copyright in the AI-generated work, and that standard principles of property law enables ownership of the work to vest in Thaler, who created the AI system at issue in the case.

Artwork 124

Artwork Copyright Ownership Law 124

The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. This litigation has arisen amongst a flurry of recent interest in AI generated works. What is AI image generation software?

Litigation 143

Litigation Copying Copyright Designs 143

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

Technology & Marketing Law Blog

MARCH 15, 2022

Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. So extending the litigation privilege to DMCA takedown notices seems like an overreach. Defamation. ” This is clearly wrong. Implications.

Copyright 134

Copyright Fair Use Cease and Desist Litigation 134

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.

Copyright Law 98

Copyright Law Copyright Law Ownership 98

Intellectual Property Law Blog

JANUARY 11, 2023

Registration of a mask work with the Copyright Office provides certain legal benefits, including the ability to bring a lawsuit for infringement of the mask work. Unlike copyrights, which are not necessarily registered with the United States Copyright Office (USCO), mask works must be federally registered in order to receive protection.

Registration 189

Registration Designs Design Copying 189

Kluwer Copyright Blog

JULY 20, 2022

Since the underlying asset in NFTs is primarily art, disputes in relation to NFTs bring up interesting questions pertaining to copyright law, the answers to which have the potential to shape the evolution and growth of NFTs as a medium to create, distribute and collect art. The Right to Create and Sell NFTs. The distribution right.

Copyright 135

Copyright Copying Non-Fungible Tokens Copyright Law 135

Technology & Marketing Law Blog

AUGUST 16, 2023

Copyright owners are in the best position to spot and redress infringement, so they should identify alleged infringement to services and seek intervention when they see infringements. This paradigm, however, breaks down when copyright ownership is contested. The litigants are an employer and former employee.

Ownership 75

Ownership Cease and Desist Fair Use Copyright 75

Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. We know that he doesn’t have any copyright in the photos just because he appears in them (that would be an Innocence of Muslims redux ).

Copyright 124

Copyright Fair Use Licensing Ownership 124

SpicyIP

FEBRUARY 17, 2023

In the context of certain questions that arose in the proceedings, Tanvi then brings up an interesting hypothetical i.e. what if the defendants had challenged the ownership of the copyright early on, instead of the attempt to amendment later on. She is intrigued by the field of Intellectual Property Law and wishes to explore the same.

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

SpicyIP

SEPTEMBER 15, 2021

We are pleased to bring you a guest post by Kedar Ganesh Dhargalkar, analysing the copyrightability of unique sports celebrations. Tracing The Contours of Copyrightability of ‘Unique Sports Celebrations’. Trends of player-oriented fan following – A propellor in warranting copyright protection . Kedar Ganesh Dhargalkar.

Copyright 126

Copyright Marketing Marketing IP 126

SpicyIP

MAY 23, 2022

We’re pleased to bring you a guest post on a recent Supreme Court order where certain offences under the Copyright Act were held to be cognizable and non-bailable. Akshat is a lawyer currently litigating at the Patna and Delhi High Courts. For instance, sampling copyright music for your show could lead to you being arrested!

Copyright 137

Copyright Ownership Copyright Infringement Law 137

IPilogue

NOVEMBER 8, 2021

Copyright Infringement? . Although Pearson does not provide these answers nor retain ownership of the solutions, Pearson alleges that Chegg provides its clients with “ textbook questions often copied nearly verbatim or with just slight changes.” Code, subsection 101 , states: . “ Under the U.S. When the current U.S.

Copyright Infringement 105

Copyright Infringement Derivative Work Copyright Copying 105

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.

Music 105

Music Blogging Copyright Ownership 105

JD Supra Law

JUNE 7, 2023

Next, we turn to the legal issues, most certainly to be raised in any NFT litigation. NFT’s Intellectual Property Rights- Patent, copyright, trademark ownership, and individual publicity rights are all IP rights that subsist in the underlying asset comprising the NFT. By: Fox Rothschild LLP

Intellectual Property 106

Intellectual Property Ownership Litigation IP 106

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). 11 and 13 EUCFR , 19 UDHR , 27.1 UDHR, and 15.1

Copyright 125

Copyright Art Copyright Law Licensing 125

JIPEL Copyright Blog

APRIL 15, 2022

Copyright owners tend to pursue legal recourse when a third party uses their work without permission in a way in which the owner is harmed – usually, in the form of reputational damage or market loss. However, new ownership creates new incentives, which leads to anticipated changes in copyright litigation.

Music 52

Music Litigation Copyright Ownership 52

43(B)log

AUGUST 11, 2022

Linguistic Relativity and Its Implications for Section 230 and Copyright Christopher S. Constructed languages: attempts to use copyright to protect them. Copyright claims attempted to preserve/protect/avoid splits. Especially when done for dramatic purposes: should it be copyrightable? Tolkien: C&D, but no lawsuits.

Ownership 80

Ownership Moral Rights Copyright Brands 80

Kluwer Copyright Blog

SEPTEMBER 13, 2023

Copyright Office celebrated the one-year anniversary of operations of the Copyright Claims Board (“CCB”), a novel new small claims court housed within the agency with a budget request for $2.2 Photo by Maria Oswalt on Unsplash In June 2023 the U.S. million in ongoing yearly costs. Though not entirely unique (e.g.,

Copyright 83

Copyright Litigation Copying Journalism 83

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance.

Blogging 98

Blogging Copyright Settlement Ownership 98

Velocity of Content

MARCH 16, 2023

As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents). This article was originally published in The Scholarly Kitchen.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Technology & Marketing Law Blog

FEBRUARY 21, 2025

Invisible Narratives claims to own the copyrights and trademarks to the series. Next Level unlawfully submitted takedown notices to YouTube under the Digital Millennium Copyright Act (DMCA Takedown Notices) which claimed that Season 25 of Skibidi Toilet contained copyright content owned by Next Level. ” PREACH!

Copyright 40

Copyright Cease and Desist Fair Use Intellectual Property 40

IP Law 360

FEBRUARY 5, 2024

Supreme Court on Monday to limit the damages a plaintiff can recover in copyright ownership litigation to three years before a complaint is filed, arguing that the only time a party can extend that period is for instances involving fraud. Warner Chappell Music Inc. urged the U.S.

Music 64

Music Publishing Copyright Ownership 64

IP Watchdog

NOVEMBER 18, 2021

Director Quentin Tarantino’s 1994 Pulp Fiction, considered among the most influential films in modern history, has emerged as a test case of sorts for issuing non-fungible tokens (NFTs) that relate to a copyright-protected work. The lawsuit, filed in the U.S.

Non-Fungible Tokens 126

Non-Fungible Tokens Ownership Contracts IP 126

TorrentFreak

JANUARY 26, 2022

In the hope of accessing YouTube’s Content ID system, in 2020 musician Maria Schneider launched a class action lawsuit that alleged mass infringement and serious deficiencies in YouTube’s copyright enforcement measures. It later admitted it didn’t hold the copyrights to the works it asserted in the case.

Copyright 98

Copyright Settlement Publishing Ownership 98

Copyright Lately

FEBRUARY 17, 2025

Ross Intelligence will get plenty of second looks from courts deciding fair use in generative AI copyright cases. As a threshold issue, Judge Bibas found that Westlaws headnotes were original enough for copyright protection. ” should I be able to copyright that? Judge Bibass second take in Thomson Reuters v.

Fair Use 68

Fair Use Copying Public Domain Copyright 68

SpicyIP

OCTOBER 9, 2024

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Image from here Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? The NEL was held to be a derivative work, and the Archive’s lending practices violative of copyright law.

Copyright Law 105

Copyright Law Copyright Fair Use Law 105

TorrentFreak

JUNE 5, 2023

On January 2, 2015, a new system designed to assist copyright holders and better protect consumers went live in Canada. Late 2018, after some companies did exactly that, the Canadian government amended the Copyright Act to prohibit the inclusion of settlement demands in warning notices. Sometimes the same can be said for litigation.

Settlement 141

Settlement Copyright Litigation Ownership 141

IP and Legal Filings

MARCH 5, 2025

4] Earlier last year, Mr. Rajat had also moved a Public Interest Litigation against the absence of legal mechanism to regulate deepfake technology in India and to mitigate its potential misuse. [5] Considering that deepfakes are original, and are a result of human authors own intellectual creation, they are copyright-protected.

Personality Rights 84

Personality Rights Privacy Journalism Copyright 84

CopyrightsWorld

FEBRUARY 17, 2021

Copyright infringement of digital photos differs in important ways from infringement in the markets of music and movies. Get proof of ownership by registering your copyright. When you create an original work, you are automatically granted copyright of that work, which means you can decide how it is used and distributed.

Copyright Notice 98

Copyright Notice Ownership All Rights Reserved Copyright 98

SpicyIP

OCTOBER 14, 2024

Other Posts Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? The defendant did not claim ownership of the “Levi’s” trademark and only denied selling such goods. 63 of the Copyright Act, 1957. 63 of the Copyright Act are satisfied. Ashfaq Saifi v.

Trademark 105

Trademark Registering Trademarks IP Copyright 105

Intellectual Property Law Blog

JANUARY 11, 2023

Registration of a mask work with the Copyright Office provides certain legal benefits, including the ability to bring a lawsuit for infringement of the mask work. Unlike copyrights, which are not necessarily registered with the United States Copyright Office (USCO), mask works must be federally registered in order to receive protection.

Registration 130

Registration Designs Design Copying 130

TorrentFreak

AUGUST 23, 2022

YouTube’s motion to dismiss the amended complaint failed on a number of fronts including those related to copyright infringement claims, correct registration and ownership of copyrighted works, and allegations that YouTube removed Copyright Management Information (CMI) from content uploaded to its platform.

Copyright Infringement 140

Copyright Infringement Copyright Ownership Fair Use 140

Technology & Marketing Law Blog

JULY 25, 2022

Eleven days ago, the Ninth Circuit reaffirmed that: (1) the discovery rule of accrual applies to the Copyright Act’s three-year statute of limitations; and (2) when the discovery rule applies, the copyright owner is not limited to damages for acts occurring within three years before the date of filing the lawsuit. July 14, 2022).

Blogging 98

Blogging Copyright Licensing Copyright Infringement 98