Kluwer Copyright Blog

JULY 16, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy. The draft law on the rights of professional artists will significantly change how the private copying levy system has been functioning in Poland so far.

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Plagiarism Today

SEPTEMBER 21, 2021

In July 2021, Disney debuted a new series entitled Behind the Attraction , which among its initial episodes, featured their own episode about the attraction. Right is from Behind the Attraction on Disney+ pic.twitter.com/Sf1biymTSz — James St.Onge – Art of Engineering (@aoEngineering) September 16, 2021. According to St.

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Kluwer Copyright Blog

JULY 7, 2022

Welcome to the second trimester of the 2022 round up of EU copyright law! We started this rubric back in 2021. In this series, we update readers every three months on developments in EU copyright law. This is perhaps one of the most awaited judgemnts in the history of EU copyright law. Stay tuned!

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Kluwer Copyright Blog

MARCH 13, 2023

Pastiche is one of the newer harmonized user rights in EU copyright law. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in 2019. To fill this gap, German fundamental rights NGO Gesellschaft für Freiheitsrechte e.V.

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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. Scope of protection (copyrighted works) 1.

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The IPKat

DECEMBER 21, 2021

This review of Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty by Tito Rendas, is brought to you by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales. In April 2020 and February 2021 two substantial new contributions to this debate were published.

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LexBlog IP

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Compendium: Chapter 1200, sections 1201-1202. In particular, Section 1213.2

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IP Tech Blog

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

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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)

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LexBlog IP

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

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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. Apple also seeks summary judgment on whether it can be held liable for copyright infringement for “making available”—as opposed to actually selling—the compositions. * Hebenstreit v.

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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.

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Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

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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.

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Plagiarism Today

JANUARY 3, 2022

A new year is upon us and, while 2021 proved that a new year doesn’t mean a fresh start, it is still an opportunity to both reflect on the past and look ahead. To that end, 2022 is looking to be a major year for copyright in a myriad of ways. 3: Copyright and the Takings Clause. Milne turn copyright free.

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IPilogue

NOVEMBER 17, 2021

Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . In September 2021, Indigenous model and activist Quannah Chasinghorse turned heads at the Met Gala wearing a gold cut-out gown by Peter Dundas and traditional Navajo turquoise jewelry. Current State of the Law on Tattoo Designs.

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Plagiarism Today

FEBRUARY 10, 2022

In July 2021, artist Damien Hirst debuted his latest exhibit , a collection of 107 paintings (30 of which were on display) of cherry blossoms. Though he clarified that they were not “direct copies”, he claimed there were similarities in style, color choices and techniques used that were overwhelming to him.

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The IPKat

MARCH 10, 2022

The IPKat's favourite Le Pliage When you have a handbag design bestseller with over 54 million copies sold around the world since its creation in 1993, the question concerning the IP rights vesting in it is not just an academic one. The case concerned Longchamp’s Le Pliage “cult” bag.

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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.

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Kluwer Copyright Blog

JUNE 14, 2023

I discussed the risks to human progress of letting machines create cultural and journalistic content in a 2021 post on this blog. Machines are, well, prompt compared to humans–at least once they’ve copied all existing content (for example the copying of tens of thousands of full-length books , without permission or payment).

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Copyright Lately

JANUARY 23, 2024

A first-of-its-kind copyright infringement trial is scheduled to begin today in Los Angeles. Like the tattoo at issue in the case, the lawsuit is poised to leave a lasting impression, not only on copyright law, but the entire multi-billion-dollar tattoo industry. What Will The Jury Need to Decide?

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Kluwer Copyright Blog

FEBRUARY 2, 2023

In 2021, OpenAI’s Dall·E was able to create images in response to text prompts, including those combining unrelated concepts (such as “a snail made of harp”), but the results were merely competent in artistic terms. Registration was refused in August 2019, in line with previous US case law and guidance.

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SpicyIP

APRIL 16, 2022

Lokesh is an LLM Candidate (IP and Technology) at American University Washington College of Law (AUWCL), Arcadia Fellow at PIJIP , and Arodhum Scholar, 2021. He graduated from the Institute of Law Nirma University, Ahmedabad in 2021. liability, if any, under copyright law, 2.) Lokesh Vyas.

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SpicyIP

JULY 22, 2023

It states that the current IP regime poses problems in the context of generic computer programs because of the way the algorithms are designed and trained using large data sets. In 2021, the GPAI experts launched GPAI IP Primer v1 , which was followed by the IP Primer v2 in 2022. IP finds mention under Innovation and Commercialisation.

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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. The “free use” Section 24 UrhG (old version) was removed.

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Patently-O

APRIL 6, 2023

1183 (2021). In that case, the Court found that Google’s use of Java API naming conventions in its Android operating system was fair use under copyright law. Because its fair use decision decided the case, the court did not rule separately on whether the API was even copyrightable in the first place.

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LexBlog IP

SEPTEMBER 24, 2021

.” This is exactly what happened to Jaguar Land Rover in its claim against Land Wind (Jiangling Motors) in China for copying of Jaguar Land Rover’s car design. After their patent battle from 2014 to [2019], the design patents of Jaguar Land Rover and Land Wind for their off-road vehicles were invalidated by each other.

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Kluwer Copyright Blog

JUNE 7, 2023

But copyright law faces daunting challenges when copyrighted material not only inspires a creative process, but becomes the very object of it. Pastiche in EU copyright law: All dressed up but nowhere to go? She stares into the abyss of a copy-paste kitsch world ”. According to Art. No, thank you!

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The IPKat

MARCH 3, 2022

Left: PARIS BAR (2021) by Johanna Dumet Right: Paris Bar by Daniel Richter PHOTO BY GERMAN PALOMEQUE Whereas these versions bear more or less noticeable differences (in style, colour grading or the depicted paintings that hang from the depicted wall) there is one subsequent version that is not at all different from “Paris Bar, Version 1”.

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Velocity of Content

JULY 14, 2021

On the subject of longstanding disputes and eagerly awaited judgements, the Supreme Court of Canada heard oral arguments in May in the case of Access Copyright v. A decision on either issue may represent a fundamental change in Canadian copyright law. The Court is expected to issue its opinion in late 2021.

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Kluwer Copyright Blog

AUGUST 24, 2022

As previously reported , between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents). Photo by Kevin Ku on Unsplash.

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Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. August 30, 2021 email threatening release of Runt (from court files) The parties’ negotiations ended in August 2021.

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The IPKat

DECEMBER 2, 2022

The model does not contain any copies of works. Unfair competition and trade secrets protection were never designed to address ownership issues. More generally, why copyright law cannot provide the solution is the topic for a separate post. 2021/41/N/HS5/02726. The author believes that the answer to is "no."

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Kluwer Copyright Blog

MARCH 16, 2022

Running from 29 October 2021 to 7 January 2022, the “ Artificial Intelligence and IP: copyright and patents ” consultation formed the latest round in an ongoing national conversation between the UK Intellectual Property Office ( UKIPO ) and interested stakeholders (see here ). The existing TDM exceptions under UK copyright law.

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Kluwer Copyright Blog

NOVEMBER 17, 2021

Germany has always had an extensive judicial practice in copyright law. Usually, judges with a specialist knowledge of copyright law issue the decisions because among German courts, decision making bodies specialised in copyright law have been created. Definition of a work (Sections 2-5 UrhG). 4, (2) UrhG.

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SpicyIP

MARCH 15, 2022

The EU took the Intellectual Property route by introducing a related right under its copy right law. After a tussle with Facebook in 2021, Australia adopted News Media Bargaining Code. Critics of press publisher right argue that copyright is awarded to incentivize creativity by rewarding exclusivity.

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TorrentFreak

FEBRUARY 28, 2022

Late September 2021, a group of independent movie companies filed a lawsuit against DataCamp, alleging that the CDN company provided services to several VPN providers. As a result, the company was accused of contributory and vicarious copyright infringement alongside calls for an injunction. US Company Sues UK Company Overseas.

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