Kluwer Copyright Blog

JANUARY 4, 2024

Welcome to the fourth (and last) round up of EU copyright law for 2023! In this edition, we update you on what has happened in the last three months of 2024 in EU copyright law. All in all, 2024 promises to be an exciting year for EU copyright law. Stay tuned!

Copyright Law 72

Copyright Law Law Copyright Reporting 72

IPilogue

MAY 26, 2022

Moten, a Texas pastor, filed a copyright infringement lawsuit against rapper Kanye West for incorporating a sample recording of his religious sermon into one of his songs. The allegedly infringing sample is used on “Come to Life”, a song featured on his 2021 album “Donda”.

Fair Use 111

Fair Use Copyright Infringement Copyright Music 111

IP and Legal Filings

JANUARY 13, 2023

Copyright infringement and De Minimis are often replaced to complement each other. However, de minimis is sometimes used as a defence in a copyright lawsuit. More often than not, the lawsuits filed for copyright infringement are cases of de minimis and thereto, get dismissed on the anvil of frivolity. INTRODUCTION.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

LexBlog IP

MAY 5, 2022

When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. During the spring 2021 semester, he taught Business 215 to remote students. Berkovitz administered a midterm exam and a final exam, which comprised copyrighted material. As part of that course, Prof.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

JIPEL Copyright Blog

APRIL 26, 2021

In this case, via alleged copyright infringement. However, an equally long list of controversies accompanies this list of accomplishments, the majority of which involve alleged copying. Nordstrom removed the pieces at issue, and everything seemed to be fine on the copying front—until 2020 hit. The account and its 2.6

Social Media 52

Social Media Copying Branding Brands 52

The IPKat

AUGUST 22, 2023

This is a review of Poorna Mysoor ’s Implied licences in copyright law (Oxford University Press, 2021). As the title suggests, this book consists of a detailed analysis and explanation of instances where it is possible to imply a copyright licence in response to or as a defence to an allegation of copyright infringement.

Copyright Law 52

Copyright Law Copyright Law Contracts 52

The IP Law Blog

DECEMBER 2, 2021

The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement claim or to depart from this approach and apply the Second Circuit’s “ordinary observer” test instead. In Johannsongs-Publishing, Ltd.

Copyright Infringement 98

Copyright Infringement Copyright Copying Art 98

Michael Geist

JULY 20, 2022

For much of the past two decades, copyright groups have steadfastly sought to deny what the Supreme Court of Canada has repeatedly endorsed, namely that the purpose of Canadian copyright law is to serve the public interest by balancing users’ and authors’ rights. 11; see also Access Copyright, at para.

Copyright Law 137

Copyright Law Copyright Law Music 137

Copyright Lately

DECEMBER 29, 2021

Remembering another frustrating year with a countdown of 2021’s most unsatisfying copyright rulings. I don’t know about you, but my 2021 actually made 2020 look pretty, prettay, prettaay good by comparison. In a July 2021 order in Nicklen v. Walt Disney Company. Sinclair Broadcast Group.

Copyright 113

Copyright Fair Use Social Media Copying 113

IPilogue

OCTOBER 26, 2021

Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . . The decade-long dispute between Google and Oracle over computer code’s copyrightability finally came to an end on April 5, 2021. copyright law. Supreme Court on October 7, 2020.

Copyright Infringement 111

Copyright Infringement Copyright Fair Use Settlement 111

Kluwer Copyright Blog

MAY 30, 2024

In the EU, Article 4(2) of the InfoSoc Directive specifically addresses exhaustion, stating that the distribution right of the copyright holder is exhausted within the EU after the first sale or other transfer of ownership of a copy of a work with the rightholder’s consent. What could this mean for copyright-relevant upcycling?

Copyright 113

Copyright Copyright Law Business Intellectual Property 113

IP and Legal Filings

DECEMBER 17, 2023

Historical lookback The amendment to the existing copyright law act of 1957 was carried out owing to the sensitization of issue of copyright management and revenue sharing structure that is fair and reasonable to all owners and writers of filmed and recorded works. [i] 12 [xix] The Copyright Act, 1957, §55, No.

Copyright Law 69

Copyright Law Copyright Music Law 69

Kluwer Copyright Blog

FEBRUARY 24, 2023

Photo by Christian Wiediger from Unsplash 2021 saw a very active German Bundesgerichtshof (“BGH” – Federal Supreme Court) in the area of copyright law. This article covers the most relevant copyright law decisions of the BGH from that year. Claims under copyright law 1.

Copyright 52

Copyright Law Due Diligence Copyright Infringement 52

IPilogue

SEPTEMBER 29, 2021

Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . . On March 26, 2021, the 2nd Circuit Court of Appeals in New York found that the famed artist Andy Warhol violated photographer Lynn Goldsmith’s copyright by using her photo of the singer Prince to create his “Prince Series.”

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

Velocity of Content

JANUARY 9, 2024

In a 2023 report published by EndPoints News , it is suggested that for 2022, an estimated 70% of US FDA approvals for new treatments originated in small companies when compared to 66% in 2021. In In the United States, Sci-Hub has been sued twice for copyright infringement and lost both cases.

Copyright 98

Copyright Journalism Licensing Copyright Infringement 98

Copyright Lately

JANUARY 23, 2024

A federal jury is set to decide whether celebrity tattoo artist Kat Von D infringed photographer Jeff Sedlik’s copyright in a Miles Davis portrait by tattooing the image onto her client’s body. A first-of-its-kind copyright infringement trial is scheduled to begin today in Los Angeles.

Social Media 139

Social Media Fair Use Copyright Infringement Copying 139

TorrentFreak

MAY 1, 2024

Copyright law crafted decades ago to prevent infringement in an analog world has in many cases held up remarkably well in the digital age. Copying or reproduction remains relevant, as does the concept of distribution. In the United States, the existence of a loophole in copyright law had been an open secret for some time.

Law 94

Law Copyright Infringement Copyright Copyright Law 94

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. LAW AND ECONOMICS. Costs Versus Benefits of Copyright Protection. Minc Law (Sept. 29, 2013), [link]. [ii]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

JANUARY 20, 2022

At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. It was taken down after one hour, as it was subject to a copyright notice by a news channel relying on the US DMCA. It is the first ever report by YouTube on copyright actions. 17, 2021 (Communication Art.

Reporting 98

Reporting Copyright Art Copyright Infringement 98

Technology & Marketing Law Blog

JUNE 11, 2022

26, 2021). Apparently the “de minimis” defense to copyright infringement doesn’t exist at all in the 9th Circuit. The court adds: “Apple was not willfully infringing merely because it did not exhaustively background check the hundreds of thousands of uploaders on its store.”]. SA Music LLC v.

Copyright 112

Copyright Copying Copyright Infringement Copyright Law 112

IP Whiteboard

JULY 19, 2021

The Federal Court of Australia has awarded additional damages in the highest order against Clive Palmer ( Palmer ) for his copyright infringement of the 1985 Twisted Sister’s rock song “ We’re Not Gonna Take It ” (the Song ). After being alerted to the UAP campaign, Universal commenced copyright infringement proceedings against Palmer.

Copyright Infringement 40

Copyright Infringement Copyright Music Publishing 40

TorrentFreak

FEBRUARY 6, 2023

Taiwan made amendments to copyright law that outlawed piracy-configured devices. With further amendments to copyright law in the pipeline in Taiwan, authorities launced an investigation into the supply of Unblock Tech’s devices in the country. It began in August 2021 and continued until at least December 2021.

Reporting 125

Reporting Copyright Law Copyright Government 125

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

Copying 52

Copying Copyright Law Copyright Editing 52

TorrentFreak

OCTOBER 1, 2023

In our brave new world where millions of ordinary people are copyright holders of snaps they publish to social media or videos they upload to YouTube, awareness of copyright law is at an all-time high. ” and “Is it copyright if nobody knows I copied a song and changed it so it sounds nothing like the original?

Fair Use 94

Fair Use Copyright Copying Copyright Infringement 94

Michael Geist

SEPTEMBER 11, 2023

I had no involvement whatsoever with the statement, but was happy to tweet it out and was grateful for the effort to set the record straight on what has been a relentless misinformation campaign that ignores the foundational principles of copyright law. York University ruling.

Copyright 136

Copyright Copying Licensing Copyright Law 136

Patently-O

DECEMBER 11, 2023

We, who have been writing and teaching about copyright law and how it has responded to challenges posed by new technologies for decades, were among those who submitted comments, see [link]. In addition, conduct that may be consistent with the copyright laws nevertheless may violate Section 5. That is far too hasty.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

TorrentFreak

SEPTEMBER 3, 2021

As per legal requirements, Github complied with the takedown demand but, as TF noted at the time , the team behind the projects had the option of filing a DMCA counter-notice if it was confident that its work is permitted under copyright law. Copyright Infringement Complaint.

Copyright Infringement 141

Copyright Infringement Copying Copyright Copyright Law 141

Indiana Intellectual Property Law

JANUARY 19, 2024

The complaint explains that the heart of the matter lies in Radic’s creation, a photograph titled “ Plaster falling off the ceiling ,” crafted in 2020 and officially registered under copyright law in 2021.

Copyright 52

Copyright Intellectual Property Copyright Law Copying 52

IP and Legal Filings

JANUARY 23, 2023

Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. Image Sources : Gettyimages] One of the important issues in online is copyrights.

Non-Fungible Tokens 77

Non-Fungible Tokens Copyright Intellectual Property Ownership 77

TorrentFreak

MARCH 28, 2024

Hollywood Lawsuit Against IPTV Operator The complaint, filed by Hollywood majors including Disney and Warner Bros, as well as streaming giants Amazon and Netflix, accuses the defendant of widespread copyright infringement. This service originally operated as ‘Nitro TV’ between 2019 and 2021.

Copyright Infringement 97

Copyright Infringement Copyright Business Copyright Law 97

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. Copyright Office until 2011. In a recent case, Bell v. Citing, Perfect 10, Inc. Giganews, Inc., 3d 657 (9 th Cir.

Copyright 97

Copyright Copyright Infringement Copying Litigation 97

Plagiarism Today

AUGUST 2, 2022

Back in January, the crypto group Spice DAO (decentralized autonomous organization) made headlines for spending approximately $3 million to acquire a physical copy of the book Jodorowsky’s Dune , a bible for a planned Dune move that would have been made in the 1970s. . Copyright Office. The payment beyond excessive. Finding a Use.

Copyright 234

Copyright Non-Fungible Tokens Technology Plagiarism 234

Technology & Marketing Law Blog

DECEMBER 27, 2021

The application of this principle to this case is easy: the elements that Defendants allegedly copied from Coscarelli’s cookbooks are primarily lists of ingredients and directions for combining them. Whereas the latter may be entitled to copyright protection, the former plainly is not. ” Really? (MN) Esquared Hosp. ,

Copyright 141

Copyright Social Media Copying Blogging 141

IPilogue

NOVEMBER 11, 2021

For fifty years, the Copyright Society of the USA (CSUSA) has invited numerous esteemed figures to present the annual Donald C. This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very first international speaker from outside the United States.

Fair Use 110

Fair Use Copyright Law Copyright Intellectual Property 110

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 137

Copyright Fair Use Copyright Law Law 137

TorrentFreak

NOVEMBER 23, 2023

AimJunkies denied the claims and argued that cheating isn’t against the law. In addition, it refuted the copyright infringement allegations; these lacked substance because some of the referenced copyrights were registered well after the cheats were first made available, AimJunkies said.

Cease and Desist 101

Cease and Desist Copyright Infringement Copyright Intellectual Property 101

TorrentFreak

APRIL 23, 2023

copyright law. With no copyright experts immediately available on TikTok or Facebook, we turned to the UK’s third pillar of wisdom to get answers the big questions. Following an online hearing on February 3, 2021, Mr Justice Miles rendered his decision at the High Court in London.

Music 126

Music Copyright Technology Copyright Law 126