Kluwer Copyright Blog

JULY 27, 2022

Source: European Copyright Society. Almost 3 years after the adoption of the Digital Single Market ( Directive (EU) 2019/790 ) (CDSM Directive), its transposition by the Member States (MS) has proved to be a significant challenge. Digital and Cross-Border Teaching Activities (Article 5). All ECS opinions are archived here: [link].

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Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright.

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Plagiarism Today

MAY 17, 2022

1: GPL Legal Battle: Vizio Told by Judge it Will Have to Answer Breach-of-Contract Claims. Vizio argued that the matter should be heard by a federal court, which has sole jurisdiction over copyright matters, but the SFC argued it was a contract dispute, which would be heard in the state court.

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Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). Guy Rub , The Ohio State University Michael E.

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Plagiarism Today

MARCH 14, 2022

copyright law. Genius filed the lawsuit in 2019 alleging that Google was unlawfully copying lyrics to songs that they had hosted. However, Genius, not the copyright holder on the lyrics, opted to sue claiming breach of contract and unfair competition laws.

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Plagiarism Today

DECEMBER 13, 2022

But both the district court and the appeals court ruled against Genius, saying that their claims were preempted by copyright law. 2: DaBaby Facing Copyright Lawsuit Over His No. 3: Taylor Swift’s ‘Shake It Off’ copyright Lawsuit Dismissed After 5 Years. 1 Hit “Rockstar”.

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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. But fair use isn’t a defense to a breach of contract claim.

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JIPEL Copyright Blog

APRIL 23, 2021

To get around the tangle of copyright law. There are two types of copyright registrations available for music: composition rights, which can cover lyrics and sheet music, and sound recording rights, which cover the actual recording of the song.

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The IPKat

DECEMBER 15, 2023

This time he has found a recent ruling issued by the Paris Court of Appeal , concerning a copyright assignment agreement, a subject that is the source of many disputes in France. In early 2019, Ms Y noticed that several of her other photos were still available online and had been altered. Ms Y then appealed.

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IPilogue

JUNE 14, 2022

In 2019 , Ithaca Holdings acquired Big Machine Records for an estimated $300 million, including the master recordings for one of the most popular and successful musicians in the world: Taylor Swift. At the heart of Taylor’s decision was an often overlooked but significant legal distinction in the copyright law governing the music industry.

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LexBlog IP

MAY 4, 2022

Since its establishment, GEA has claimed to be entitled to collect the above equitable remuneration not only for its members (ie, rights holders represented by it) but also on behalf of producers, performers, and musicians who are not represented by it on the basis of a contract or relevant mandate.

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Kluwer Copyright Blog

JUNE 20, 2023

In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law.

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The IPKat

DECEMBER 26, 2023

As readers may be aware, Articles 18-22 of the Directive (EU) 2019/790 (DSM Directive) [IPKat coverage here ] establish protective measures for authors and performers that license or transfer the exclusive economic rights over their works and performances to third parties for the purpose of exploitation.

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Kluwer Copyright Blog

DECEMBER 12, 2022

Concomitantly, the imposition of APCs has created new, and sometimes insurmountable, barriers to publication for researchers that are not affiliated to a contracting institution. [6] In current practice, authors are expected to assign or exclusively license their copyright to publishers.

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Kluwer Copyright Blog

NOVEMBER 28, 2022

Article 20 provides for a mechanism to adjust the financial situation if the exploitation of the work ultimately shows that the initial contract is not fair for the author. Remuneration of authors under French copyright law before the 2021 Order. The implementation of the CDSM into French law.

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TorrentFreak

FEBRUARY 7, 2023

They didn’t deny that the AimJunkies site offered ‘Destiny 2’ cheats in the past but rejected allegations that copyright law had been violated. Zilly ruled that the hacking, theft, and contract breach allegations survive Bungie’s motion to dismiss so can proceed. This attempt was more successful.

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The IPKat

FEBRUARY 17, 2022

Can a work entirely created by a machine be protected by copyright? In 2019, the Copyright Office rejected the application, holding that human authorship is necessary to support a copyright claim. First, held the Board, a machine cannot enter into any binding legal contract.

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The IPKat

OCTOBER 6, 2021

The occasion of the conference is the publication of Eleonora Rosati’s book, " Copyright in the Digital Single Market. Article-by-Article Commentary to the Provisions of Directive 2019/790 ". On October 22, the Fashion Law London will conduct the program, " The Fashion Marketplace: Law and Policy ". Tito Rendas.

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Kluwer Copyright Blog

MARCH 13, 2024

The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of creators (see Geiger, 2017 ). The purpose of copyright, its social and innovation function, is thereby seriously undermined.

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JIPL Online

FEBRUARY 25, 2021

1] It’s not uncommon to hear artists complain about record label contracts once they see the impact their deals have on the control of their own music. [2]. To understand the source of the problem, it’s first necessary to understand the copyrighted work at issue in many record label agreements. BACKGROUND. ANALYSIS AND UPSHOT.

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Kluwer Copyright Blog

JANUARY 9, 2023

At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art. 17 DSM Directive 2019/790 (“DSMD”). . Part II is available here.

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Kluwer Copyright Blog

JUNE 7, 2023

This examined the problem of authors’ remuneration: authors’ contracts tend to result in disproportionately low revenues relative to the returns of investors and intermediaries. Free alienability Common law favours the easy alienability of authors’ rights, which is particularly evident in the United States (U.S.). On this prompt, Prof.

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Kluwer Copyright Blog

MARCH 14, 2024

Part I covers decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. Part II will focus on copyright contract law and claims under copyright law. I. Copyright protection 1.

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Kluwer Copyright Blog

JANUARY 16, 2023

In the last year, the German Copyright Act has experienced what is probably its most substantial reform since it first came into force in 1966. The reason for this was the implementation of the DSM Copyright Directive 2019/790/EU (DSMD) and Directive 2019/789/EU (Online SatCab Directive). UrhG, was completely reworked.

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Kluwer Copyright Blog

MARCH 18, 2024

Photo by Christian Wiediger from Unsplash Part I of this annual post reporting on the copyright case law of the German Bundesgerichtshof covered decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. IV. Copyright contract law (Sections 31 et seqq.

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The IP Law Blog

MARCH 31, 2022

The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties. There the Court quoted Justice Traynor’s dissenting opinion in Stanley : The policy that precludes protection of an abstract idea by copyright does not prevent its protection by contract.

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Kluwer Copyright Blog

FEBRUARY 22, 2023

Photo by Christian Wiediger from Unsplash The implementation transposition of the Copyright Directive 2019/790 (DSMD) in the summer of 2021 represented probably the greatest reform in German copyright law since the German Copyright Act (UrhG) came into force. Germany’s implementation of Art.

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The IPKat

SEPTEMBER 16, 2022

On the oriental side, readers may recall that Bruce Lee Enterprises (the estate of the late well-known Chinese American martial artist Bruce Lee) filed a lawsuit against “Real Kungfu” fast-food chain for using Bruce Lee’s image without permission in Shanghai back in 2019. InternKat James Kwong reported that the trial has recently begun.

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The IP Law Blog

FEBRUARY 23, 2023

Woodward interviewed Trump, both in person and over the phone, on numerous occasions during 2019 and 2020. The complaint notes a December 30, 2019 interview which, according to Trump, exemplifies that the rights granted were limited: Woodward: On the record for the book, unless you— Trump: For the book only, right? Only for the book.

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The IPKat

DECEMBER 5, 2021

As previously discussed , the Copyright (Rights and Remuneration of Musicians, Etc.) Bill proposed new laws for equitable remuneration for streaming, contract adjustment, right of revocation and transparency. to modernise the law so it reflects the reality of the music industry." This bill is not about anarchy in the UK.

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Copyright Lately

MAY 7, 2021

In 2019, Warner Bros. As Warner points out, just because a lawsuit may involve a copyrighted work, this doesn’t mean that it necessarily arises under the Copyright Act. Accounting Claims Between Copyright Co-Owners Don’t Arise Under Copyright Law.

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IP and Legal Filings

NOVEMBER 9, 2022

But needless to say, the Metaverse brings into picture several aspects of the law such as Copyright law , Contract law, Tort law and Criminal law. Contract Law . Section 2(h) of the Indian Contract Act,1872 defines ‘Contract’ as “An agreement enforceable by law”.

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SpicyIP

JANUARY 16, 2022

On 8 December 2021, the Madras High Court delivered an important judgment concerning copyright law. The High Court held that the business of granting copyright licenses can be carried out only through the copyright societies. Lemon Tree Hotels Limited (2019 SCC Online Del 6568). paragraphs 39, 42). Section 34.

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The IPKat

DECEMBER 13, 2022

The court’s decision was hinged on the fact that the applicant had misrepresented to the respondent that there was a name change when in fact, the company with whom the respondent had earlier contracted was liquidated. As such, the only valid CMO for the music industry is the Musical Copyright Society of Nigeria (MCSN).

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SpicyIP

MAY 23, 2024

He, rightfully, opined that ‘ twin lights can co-exist” for “ composer alone has copyright on a musical work.” Cut to almost 4 decades later, in 2012, the copyright laws in India were amended. Thirdly, 2012 Amendment does not change the law with regard to independent copyright in sound recordings.

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SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? IIM ) , and their applicability cannot be waived by contract.

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IIPRD

FEBRUARY 27, 2021

On 12 th February 2021, Taylor Swift re-released one of her most famous songs “Love Story” the reason being as Swift told Good Morning America last August was, “My contract says that starting November 2020 … I can record albums one through five all over again.”. Most musicians are familiar with copyright law. A Conglomerate.

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