The IPKat

JUNE 18, 2023

On June 19, 2022, Belgium adopted a copyright law that transposed Directive (EU) 2019/790 into the Belgian Code of Economic Law. This copyright reform entered into force on August 1, 2022. 18 of the Directive (EU) 2019/790. It is helpful to set some context for this. 18 of the Directive. It seems that Art.

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Music Copyright Art Copyright Law 78

IIPRD

OCTOBER 28, 2023

Some classic examples of catchphrases in the commercial market include Nike’s “Just Do It,” KFC’s “Finger Lickin’ Good,” Thums Up’s “Taste the Thunder,” Redbull’s “Give you Wings,” among others. are generally not protected by copyright law. Additionally, names, titles, phrases, combinations, slogans, etc. In Reebok India v.

Copyright Law 59

Copyright Law Branding Brands Branding 59

IPilogue

FEBRUARY 28, 2023

The conflict of laws has often resulted in interesting dilemmas for courts where precedent cannot be readily applied, necessitating a case-by-case approach. In 2011, to enforce the decision in the States, De Fontbrune brought the case to California who ruled in Wofsy’s favour in 2019.

Fair Use 105

Fair Use Copyright Copyright Infringement Copyright Law 105

Technology & Marketing Law Blog

JUNE 27, 2023

Cattelan created artwork named “Comedian” in 2019. The court displayed the respective artworks: Morford sued Cattelan for copyright infringement. A Personal View The High Tech Law Institute has a special affinity for bananas copyright law. ” Independently (?), VINDICATED!!! Cattelan , 2023 U.S.

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Copyright Artwork Copying Social Media 90

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. In addition to rights of the author, German copyright law also recognises related rights.

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Related Rights Law Copyright Copying 52

Technology & Marketing Law Blog

MAY 13, 2024

. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

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Kluwer Copyright Blog

DECEMBER 11, 2023

On its face, it does not require much – of course, entities operating in the EU must “respect Union copyright law” regardless of whether there is a provision in the AI Act requiring them to do so. Overall, the copyright provisions in the AI Act are a step in the right direction.

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Copyright Copyright Law Publishing Public Domain 145

IIPRD

MAY 9, 2024

Hence, the concept of cross licensing agreement has originated with the intent to help various organizations in sharing patent licenses along with their rights and liabilities leading to their easier access to masses and reduction of monopolistic market tendencies. Cross-licensing agreements can both restrain and advance competition.

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Intellectual Property Law Intellectual Property Licensing Law 59

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. Whether to honour the digital exhaustion doctrine or not, has always seemed a matter of national or EU law.

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Copyright Copying Copyright Law Marketing 91

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’). In 2019, the U.S. Deepbrain AI , Veed.io ).

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Michael Geist

JANUARY 23, 2024

My submission noted that the consultation raises several questions related to generative AI and copyright. I focused on three: (1) Should Canada proceed with a text and data mining exception as recommended in the 2019 Copyright Act review? (2) Similar provisions are widely used in other jurisdictions.

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Copyright Technology Government Copyright Law 65

Kluwer Copyright Blog

FEBRUARY 20, 2024

years after the implementation deadline, Poland still had to implement the provisions of the 2019 Copyright in the Digital Single Market Directive into national law. So how do you make lemonade out of the fact that you are the only EU Member State without an implementation ?

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Copyright Law Copyright Law Government 143

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

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Copying Copyright Law Copyright Social Media 103

The IPKat

APRIL 5, 2022

For the purposes of this Law, “act of unfair competition” means that in its production or distribution activities, a business disrupts the order of market competition and causes damage to the lawful rights and interests of the other businesses or consumers, in violation of this Law.

Law 95

Law Business Marketing Marketing 95

IPilogue

MAY 20, 2022

Moreover, Russia’s cinema market seemed to also be bouncing back since the start of COVID. Last September , Paul Heth, CEO of Russia’s cinema operator Karo Group, predicted that they would achieve the near $1 billion box office receipts that they saw in 2019, this year. million in 2021.

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Cinema Intellectual Property Copyright Law Business 119

TorrentFreak

JANUARY 22, 2022

Due to the way many pirate IPTV services are structured, top level suppliers often rely on a cascading marketing system whereby subscriptions are sold and resold through a network of so-called resellers. Instead, Wallström says that for users, it’s a moral issue.

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Copyright Copyright Infringement Copyright Law Reporting 129

TorrentFreak

JANUARY 5, 2023

Some recently expressed concerns that AI-generated works collide with copyright law. Other issues included the Notorious Markets report, intellectual property ‘theft’ in general, enforcement of IP law, issues related to the DMCA, and proposals related to technical measures, aka content filtering.

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Government Reporting Intellectual Property Copyright 127

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). ML Genius v.

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Blogging Contracts Copyright Law Copyright 90

IPilogue

FEBRUARY 16, 2023

Typically, artists protect their artwork using only copyright law. However, artists are required to reveal their identity when claiming copyright infringement. Trademark law allows Banksy to remain anonymous and maintain his mysterious artistic persona.

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TorrentFreak

NOVEMBER 13, 2022

Anatel also provides data that reveals the total number of set-top boxes seized from January 1, 2019. For owners of devices set for the market or even sitting at home, Anatel has just issued a reminder that illegal set-top boxes are punishable with a fine.

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IIPRD

NOVEMBER 14, 2023

of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1] 4Published by : Indian Law Institute Stable URL : [link] , 28 497 (1986).

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Intellectual Property Due Diligence Journalism IP 59

Garrigues Blog

APRIL 16, 2024

e) of Legislative Royal Decree 1/1996 of April 12, 1996, approving the revised Copyright Law (“ LPI ”). Consequently, the unauthorized marketing of a work of applied art is included in the scope of protection that article 270 of the CC affords to all artistic works.

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Art Artistic Work Law Designs 59

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. While NFT platforms are not yet specifically regulated, they are subject to the provisions on Electronic System Providers (“ESPs”) contained in several regulations, as follows: • Law No.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 83

SpicyIP

JANUARY 12, 2022

The officials dealing with copyright were generalist administrators, and expertise on international copyright laws in academia was sparse […]. ” Interestingly, it turns out that our very own Prashant Reddy seems to have been a trigger for the writing of the book! .”

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Intellectual Property Publishing Copyright Technology 145

Technology & Marketing Law Blog

FEBRUARY 17, 2022

Emojis are an excellent device for trolling campaigns because they inevitably look alike and copyright law provides many powerful tools to copyright owners. Personnel note: the law firm Patterson & Sheridan led this lawsuit, with EIGHT lawyers from the firm listed on the caption. Some Related Blog Posts.

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Copyright Copying Blogging Intellectual Property 136

Kluwer Copyright Blog

MARCH 13, 2024

This crucial development, which restores copyright as an access right (see Geiger, 2016 ; Efroni, 2010 ) provides a normative foundation to reinforce the societal bargain that creates incentives for authors, but also creates room for downstream creativity and innovation. However, it is only a first step towards making user’s rights a reality.

Copyright 122

Copyright Art Licensing Contracts 122

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. ix] Just a brief glimpse at a meme can demonstrate just how little copyright protected material is used. [x] xii] These so called “rules for meme marketing” instruct corporate entities to be “authentic” and “relatable.”

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

SpicyIP

JULY 5, 2021

It noted that “ despite relevant University Ordinances stipulating access …, the prerogative lies with the University to withhold one such thesis in absolute confidentiality on the grounds of commercial viability and market competition. ”. JMI’s research policy, IPR Policy, and ordinance are silent on the ownership of Copyright in the thesis.

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Patent Application Invention Confidentiality Copyright Law 131

IPilogue

OCTOBER 28, 2021

Copyright Creeping into Costumes. In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. Copyright Office.

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Intellectual Property Designs Design Copyright 116

Technology & Marketing Law Blog

DECEMBER 27, 2021

Yet, none of them successfully discouraged a copyright claim over recipes… Carly Ann Kessler , Oppenheim & Zebrak, LLP [she changed her name to Carly Kessler Rothman]. MN) (left the case in 2019). Because copyright law lets me, I’m reproducing the dog treats recipe below. Lisa Marie Coyle , Akerman LLP.

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Copyright Social Media Copying Blogging 140

Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

The IPKat

MARCH 10, 2022

The Milan court accepted to enforce Longchamp’s 3D EU trade marks (EUTMs) protecting the shape of Le Pliage , but refused to acknowledge that copyright protection could also vest in such a design. According to the Court, the claimant had failed to provide any evidence of the above.

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IP Designs Design Registration 87

Kluwer Copyright Blog

OCTOBER 3, 2023

It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). 2019); Worldwide Church of God vs Phila. 110-111). 4th 1149 (9th Cir.

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The IPKat

JULY 22, 2021

Katfriend Dr Sabine Jacques , Associate Professor in IP, IT & Media law at the University of East Anglia and author of The Parody Exception in Copyright Law (OUP 2019), provides the follow review of The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity – by Martin Senftleben.

Trademark 57

Trademark Public Domain Copyright Cease and Desist 57

Technology & Marketing Law Blog

JULY 26, 2021

Before mid-2022, the Copyright Office will deploy a new adjudicatory function called the Copyright Claims Board (CCB). The CCB will be dominated by claims over alleged online infringement, so it’s a major development for online copyright law. 881 (2019)). Overview of the CCB. Wall-Street.com, LLC , 139 S.

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IP Intelligence

JUNE 7, 2023

Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.” This is not the “potential” market of fourth fair use factor jurisprudence. at 1289 (Gorsuch, concurring) (emphasis added).

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Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts. We were not aware that the image may have been created by AI” 2.

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