Kluwer Copyright Blog

JULY 11, 2022

The Intellectual Property Enterprise Court (IPEC), part of the English High Court, has ruled that copyright subsists in the character of Derek ‘Del Boy’ Trotter and that a character can be protected as a literary work under the UK’s closed list of copyright works ([ 2022] EWHC 1379 IPEC ).

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Copyright Infringement Copyright Music Intellectual Property 113

LexBlog IP

AUGUST 25, 2022

District Court can exercise personal jurisdiction over a foreign defendant with regard to a copyright infringement suit. Lang Van is a California corporation that produces and distributes Vietnamese music and entertainment, owning the copyrights to thousands of songs and programs. District Court in California.

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Copyright Infringement Copyright Contracts Music 52

The IP Law Blog

MARCH 3, 2022

Unicolors is the owner of copyrights in various fabric designs, including a 2011 copyright registration that consisted of 31 separate designs. If so, Justice Breyer continued, does that mistake even matter for purposes of determining whether Unicolor should prevail on its copyright infringement claim.

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Copyright Infringement Copyright Registration Copyright Law 98

IPilogue

AUGUST 25, 2022

Streaming giant Pandora has been hit with multiple copyright infringement lawsuits. Pandora was named in a series of copyright infringement suits in early February this year that were later combined into one consolidated action before the United States District Court in the Central District of California.

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Copyright Copyright Infringement Music Licensing 106

Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? Such uses, they argue, constitute copyright infringement. Judge Denny Chin initially found Google liable for failing to secure the consent of copyright owners before scanning their books.

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The IPKat

MAY 18, 2024

To celebrate the start of this event, this Kat has found a recent judgment issued by the Tribunal judiciaire (TJ) of Lyon [ the birthplace of cinema ] concerning a case of copyright infringement relating to the still of a short film. Facts Mr T trained as an editor at a film and audiovisual school run by ECAR CAMPUS from 2009 to 2011.

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Moral Rights Cinema Copyright Infringement Copyright 62

Plagiarism Today

SEPTEMBER 22, 2022

1: Appeals Court Sides With ACT in Court Battle Over Copyright. According to the lawsuit, ACT and WIN were partners for nearly 15 years before their partnership ended in 2011. According to the court, ACT would be unlikely to prove copyrightability in the phrasing of a every definition but that, in aggregate, they deserved protection.

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Settlement Copyright Infringement Contracts Plagiarism 187

TorrentFreak

FEBRUARY 15, 2024

At the time, similar services were also being offered by several of Finland’s internet service providers but for the members of the Copyright Information and Anti-Piracy Center (CIAPC, also known as TTVK), this was a serious breach of copyright law.

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Copyright Infringement Copyright Fair Use Licensing 91

Plagiarism Today

SEPTEMBER 20, 2021

1: ‘ Sports Illustrated’ Model Sues Twitter for $10 million, Accusing its Algorithm of Contributing to Copyright infringement. 2: Three Plead Guilty to Criminal Copyright Infringement. 3: Taylor Swift Rerecords ‘Wildest Dreams’ in Fresh Copyright Salvo. Have any suggestions for the 3 Count?

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Editing Derivative Work Copyright Infringement Licensing 171

The IPKat

NOVEMBER 22, 2021

, this Kat was delighted to review Performing Copyright: Law, Theatre and Authorship by Dr Luke McDonagh (Assistant Professor of Law at LSE Law School). This is the first academic monograph that solely considers the relationship between UK copyright law and historical and contemporary theatre. And who poses moral rights in the work?

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Copyright Law Moral Rights Copyright Law 145

LexBlog IP

MARCH 3, 2022

Unicolors is the owner of copyrights in various fabric designs, including a 2011 copyright registration that consisted of 31 separate designs. If so, Justice Breyer continued, does that mistake even matter for purposes of determining whether Unicolor should prevail on its copyright infringement claim.

Copyright Infringement 52

Copyright Infringement Copyright Registration Copyright Law 52

Intepat

SEPTEMBER 15, 2023

This burgeoning genre is not only pushing the boundaries of artistic expression but also challenging the established norms of copyright ownership. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art. Copyright laws are designed to safeguard the rights of creators.

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Art Copyright Ownership Non-Fungible Tokens 105

The IPKat

SEPTEMBER 4, 2022

He claimed that that country’s failure to ensure the peaceful enjoyment of his possessions, that is: his copyright due to the unauthorized reproduction and online publication of his work, breached his human right to the peaceful enjoyment of his IP. Comment The first thing to note is that this application was lodged in 2011.

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Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Copyright How would you define copyright? The word ‘copyright’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. Copyright is by nature a very narrow protection. Another important exception to copyright is facts or universal truths.

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Copyright Artistic Work Copyright Infringement Ownership 52

Michael Geist

AUGUST 5, 2021

Last week’s Supreme Court of Canada copyright decision in Access Copyright v. York University has unsurprisingly been applauded by the education community, which having faced years of litigation launched by the copyright collective, now finds its position vindicated. The same was true after the Access Copyright v.

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Copyright Copying Licensing Litigation 145

The IPKat

DECEMBER 5, 2021

The Government of Hong Kong has released a public consultation paper on updating Hong Kong’s copyright regime on 24 November 2021. Basic Background to the Existing Copyright Regime To those who are not familiar with the laws of Hong Kong, copyright is governed by the Copyright Ordinance (Cap. 528) (“ the Ordinance ”).

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Copyright Government Reporting Copyright Infringement 122

IP and Legal Filings

APRIL 19, 2022

The author or creator of any theatrical, literary, creative, or musical work has an exclusive right to copyright. It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Image Source: gettyimages]. What are takedown services?

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Copyright Law Copyright Law Copyright Infringement 71

The IP Law Blog

OCTOBER 14, 2021

Wilmott Storage Services, LLC , decided September 9, 2021, the Ninth Circuit clarified the role that the de minimis concept plays in copyright infringement cases. In essence, the Ninth Circuit explained that de minimis goes to the amount of copying of a copyrighted work as opposed to any de minimis use or display of any such a work.

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Copyright Copyright Infringement Copying Litigation 97

Copyright Lately

OCTOBER 25, 2021

Here are some of the greatest copyright horror stories, featuring such classics as “Nightmare on Elm Street,” “Halloween,” “Dracula,” “Ghostbusters” and … a creepy McDonalds character? The only thing scarier than a slasher flick is a lawsuit. It’s Halloween time again! Skully Curly.

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Copyright Cinema Copying Copyright Infringement 144

Kluwer Copyright Blog

NOVEMBER 16, 2023

Photo by Udo Pohlmann via Pixabay Over the last decades, European lawyers got used to the – at times remarkable and even forceful – interventions of the Court of Justice of the EU (CJEU) in copyright law. He sues for copyright infringement and claims damages. The Azerbaijani Supreme Court upholds this decision in 2011.

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Copyright Copying Copyright Law Marketing 91

TorrentFreak

JANUARY 27, 2023

Representing the movie and music industries, BREIN argued that NSE must delete all infringing content from its servers, and in 2011 the Court of Amsterdam sided with the anti-piracy group. As a result, the company was ordered to remove all copyrighted content and filter future posts for possible copyright infringements.

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Copyright Infringement Copyright Music Business 125

Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v.

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Fair Use Copyright Law Copyright Law 103

Michael Geist

AUGUST 3, 2021

” The decision removes any doubt that the Supreme Court remains strongly supportive of user’s rights in copyright and vindicates years of educational policy in shifting away from Access Copyright toward alternative means of ensuring compliance with copyright law.

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Copyright Copying Copyright Infringement Licensing 100

Plagiarism Today

NOVEMBER 16, 2021

This was in part because the company feared running afoul of the Digital Millennium Copyright Act (DMCA). That’s because many people who reported copyright infringing content to Facebook were turned away by a DMCA takedown system that threw nothing but obstacles. Back in 2011, Google had a serious problem.

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Plagiarism Social Media Journalism Copying 257

IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.”

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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. The Supreme Court’s Unsettling Attempt at Settling the Debate on Section 63 of the Copyright Act. The post is co-authored by Akshat Agrawal and Sangita Sharma.

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Copyright Ownership Copyright Infringement Law 137

TorrentFreak

APRIL 28, 2023

Movie and TV show companies, including Village Roadshow, Universal, Warner, Paramount, Sony, 20th Century Fox, and Disney, sent copyright infringement notices to internet service provider iiNet, demanding action against its pirating subscribers. The studios filed an appeal and two out of three judges sided with iiNet in 2011.

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Copyright Infringement Copyright Law Reporting 116

TorrentFreak

AUGUST 11, 2022

Government regularly goes after copyright-infringing companies and individuals, both domestically and abroad. That doesn’t mean that there are no copyright issues within its own ranks. At the United States Court of Federal Claims, the German company accused the US Navy of mass copyright infringement.

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Copying Copyright Infringement Government Licensing 142

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

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Blogging Copyright Contracts Cease and Desist 80

IPilogue

FEBRUARY 28, 2023

The United States Court of Appeals for the Ninth Circuit reversed a 2019 federal district court’s ruling that held a French court’s ruling was unenforceable due to a conflict in copyright laws between the countries. The appellate court agreed that Zervos’ photographs were protected by copyright, as it involved sufficient creativity.

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Fair Use Copyright Copyright Infringement Copyright Law 105

Copyright Lately

JULY 19, 2021

As a new case involving Dwight Yoakam illustrates, serving a copyright termination notice is fraught with potential pitfalls, and mistakes come easy and often. For a copyright lawyer, there are few things as nerve-racking as preparing a copyright termination notice. The Copyright Termination Notice.

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Copyright Music Social Media Copying 100

IPilogue

AUGUST 23, 2021

On July 30, the Supreme Court of Canada released their much-anticipated judgement in York University v Canadian Copyright Licensing Agency (Access Copyright) [ York University ]. This was a drastic increase from the fees stipulated in the 1994 to 2010 licence agreement between Access Copyright and post-secondary institutions.

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Copyright Copying Copyright Infringement Licensing 106

Plagiarism Today

MARCH 30, 2022

Finally, another student has come forward and accused Farhadi of doing something similar when they were at a similar workshop in 2011. However, I know very little about Iranian copyright law. and European copyright law. Though much of copyright law is fairly standardized internationally, it may or may not apply to Iran.

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Plagiarism Copyright Law Reporting Copyright 219

TorrentFreak

APRIL 24, 2023

In the years following its initial release in 2011, Minecraft captured a truly massive audience. Interestingly, another Microsoft-owned company has been at the center of several copyright disputes recently. According to Mojang, these are all copyright infringing, even though they may not all use copyrighted content directly.

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Copyright Infringement Artwork Copyright Intellectual Property 123

TorrentFreak

FEBRUARY 24, 2023

In the years following its first release in 2011, Minecraft captured a truly massive audience. Mojang sent a DMCA takedown notice to its sister company GitHub, targeting 92 copyright-infringing repositories. After seeing enough, Mojang urged GitHub to take the repositories offline, citing trademark and copyright infringements.

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TorrentFreak

NOVEMBER 25, 2022

Six years ago, the US Navy was sued for mass copyright infringement and accused of causing hundreds of millions of dollars in damages. — A copy of the Federal Claims Court’s order, granting Bitmanagement $154,400 in copyright infringement damages is available here (pdf). Bitmanagement Wins Appeal.

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Olartemoure Blog

JULY 17, 2023

In 2011… However, the verdict was later overturned in 2011 when the court rejected Mattel’s claims and instead sided with MGA. The court awarded MGA over $137 million for copyright infringement. MGA alleged that Mattel had hired individuals to spy on toy designs and marketing plans.

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Intellectual Property Contracts Designs Design 52