The IPKat

DECEMBER 10, 2023

Copyright Anastasiia Kyrylenko discussed the recent interpretation of Article 4 of Directive 2004/48/EC by the CJEU in relation to possibility for collective management organisations to bring, in their own name, actions for copyright infringement on behalf of the right holders.

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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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SpicyIP

AUGUST 27, 2021

The article endorses an intellectual property approach to understand the right and its infringement. This is achieved by understanding the parallels between publicity right and trademark law. Throughout the article, the author derives insights from US case laws which have had a considerable influence on Indian courts.

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TorrentFreak

MARCH 9, 2023

This didn’t go unnoticed by copyright holders, including the RIAA, who repeatedly complained about widespread piracy on the platform. Operating in the face of legal pressure is a challenge, but Hellspy always felt that it had the law on its side. The indirect upload filter requirements it contained were particularly troublesome.

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TorrentFreak

FEBRUARY 17, 2023

On one hand, unauthorized mass copying and distribution of movies, TV shows, and music is widely recognized as copyright infringement. When scientific papers and academic articles enter the equation, the ground suddenly starts to shift. The next hearing is scheduled for July 2023. Elbakyan [defendant no.1],

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TorrentFreak

MAY 6, 2024

In Kakao’s latest report covering June to December 2023 ( pdf ) , the company said its anti-piracy team had removed over 7.4 million pieces of pirated content and over 201 million links to pirated content. Source: P.CoK Anti-Piracy Whitepaper Vol.4 Source: P.CoK Anti-Piracy Whitepaper Vol.4

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Kluwer Copyright Blog

JULY 19, 2023

It is not the first time that the French courts have ruled that fonts may be protected by copyright (e.g. But let’s get back to the facts of this case, in which the Paris Court, in its judgment of 31 March 2023 , did rule that the font is original. But the court ruled that the font had not been copied Article L.122-4

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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. In this debate, Article 6(2) WCT was often invoked.

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IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law.

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Kluwer Copyright Blog

OCTOBER 17, 2023

In a nutshell, generative AI raises two main copyright issues that branch off into further sub-problems which in turn intercept (if not collide with) some fundamental rights, especially freedom of artistic expression, freedom of art and science and the right to science and culture (Arts. 11 and 13 EUCFR , 19 UDHR , 27.1 UDHR, and 15.1

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SpicyIP

DECEMBER 15, 2023

Right on the heels of Vedika’s earlier post , we are pleased to bring to you this guest post by Dr. Anson C J taking an in-depth look into the question of whether an AI-generated work is a “work” under the copyright law. Samuelson argues that, under current law, they are not.

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SpicyIP

NOVEMBER 26, 2023

Emerald Enterprises vs Emerald Valves Private Limited on 21 November, 2023 (Delhi High Court) The Delhi High Court passed an ex-parte at interim injunction order restraining the defendants from using the mark “Emerald” for valves holding it to be deceptively similar to the plaintiff’s registered “Emerald” mark. Read on to know more!

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IP Intelligence

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. 1258, (2023). Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. Goldsmith , 598 S.

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IIPRD

NOVEMBER 14, 2023

Definition from TechTarget , [link] (last visited Oct27, 2023). Murlidhar Rao, How Smart, Connected Products Are Transforming Competition , [link] (last visited Oct27, 2023). Upendra Baxi, COPYRIGHT LAW AND JUSTICE IN INDIA Author(s): Upendra Baxi Source : Journal of the Indian Law Institute , October-December 1986 , Vol.28,No.4Published

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LexBlog IP

FEBRUARY 11, 2024

I would read an article or book passage, take notes, write what I’d learned in my own words and voila my homework, research, or report was complete. from 2023 to 2030, AI is poised to revolutionize diverse sectors, showcasing its potential to drive unparalleled innovation and efficiency.

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Kluwer Copyright Blog

APRIL 18, 2023

Since then, Meta has been technically liable for copyright infringement whenever its users upload content reproducing Italian songs, in accordance with the new regime of direct liability as per Art. 102- septies of the Italian Copyright Law). 9 of the Law no. In particular, Art.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

We will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.” Registration was refused in August 2019, in line with previous US case law and guidance.

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The IP Law Blog

AUGUST 17, 2023

By: Weintraub Tobin Summer Associate Josh Concepcion The Ninth Circuit recently revisited the issue of “embedding” content by a website and its implication for copyright infringement claims. On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v. Amazon.com, Inc., now known as the so-called “Server Test.”

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Copyright Lately

MAY 1, 2023

billion in the first quarter of 2023 , largely driven by successful releases from Morgan Wallen, Taylor Swift, and the aforementioned Drake. First of all, in terms of copyright, to reiterate our very clearly articulated position. copyright law really doesn’t seem to give UMG a ton of options. year over year to $2.71

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Music Copyright Copying Copyright Law 88

SpicyIP

FEBRUARY 9, 2023

The Court framed these rules as per Section 7 of the Delhi High Court Act, 1966 (Act 26 of 1966) and Article 227 of the Constitution of India. Access to law/legal proceedings: – The right to access justice, which is guaranteed under Article 21 of the Constitution, also encompasses the right to access live court proceedings.

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Plagiarism Today

AUGUST 2, 2022

However, those familiar with copyright law, immediately began to point out flaws in the plan. Spice DAO has announced that it is implementing a three-stage “redemption phase” that will see it attempt to pay back its members as much as possible and, likely, attempt to sell the book in the fourth quarter of 2023.

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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.

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Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents).

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LexBlog IP

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. 1258, (2023). Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. ” (S.

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IP Intelligence

JUNE 6, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. 1258, (2023). Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. Goldsmith , 598 S.

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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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Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. 2023-6 on August 30, 2023, calling for comments from interested parties addressing dozens of questions. The Office received roughly 10,000 comments on October 30, 2023.

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Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. As such, it was permissible under United States copyright law. Since there was no appreciable harm to the copyright owners, according to the Court – quite the contrary –it was clearly acceptable under the terms of United States copyright law.

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Kluwer Copyright Blog

JANUARY 7, 2024

Generative AI, Copyright and the AI Act by João Pedro Quintais Generative AI is one of the hot topics in copyright law today. In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders.

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TorrentFreak

DECEMBER 31, 2022

Every year we write hundreds of articles here at TorrentFreak, with some are more popular than others. The most popular articles are listed below, grouped into the twelve biggest stories of the year. Z-Library shows up in several of the most-read articles this year. Adblocking Does Not Constitute Copyright Infringement.

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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

JANUARY 16, 2024

The plaintiffs’ factual allegations in Kadrey v Meta and Chabon v Meta The first class action, Kadrey v Meta ( here ), was filed on 7 July 2023, in U.S. The second class action, Chabon v Meta, was filed on 12 September 2023 before the same court ( here ). Vicarious Copyright Infringement (17 U.S.C. §

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TorrentFreak

JULY 23, 2023

This article is not a recommendation of any kind. We have included all VPN providers we contacted that don’t keep extensive logs or block lawful torrent traffic on all of their servers. We have included all VPN providers we contacted that don’t keep extensive logs or block lawful torrent traffic on all of their servers.

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Kluwer Copyright Blog

APRIL 25, 2024

Act I When the Committee charged with conducting Canada’s 2019 Copyright Act Review turned its mind to AI, its primary concern was with “help[ing] Canada’s promising future in artificial intelligence become reality” ( Report 2019 ). The training process can involve reproductions of the training data….

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SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. A special thanks to Mr. G. Nataraj, Ms.

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TorrentFreak

FEBRUARY 10, 2023

DMCA subpoenas compel service providers, such as Discord, Twitter or Reddit, to hand over information they hold on users identified by rightsholders as copyright infringers. A full-blown copyright infringement lawsuit is one possibility, but the company may use the information to end or mitigate future infringement instead.

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Kluwer Copyright Blog

JANUARY 9, 2023

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2023 to all of our readers, as well as reflect on developments in copyright over the past year. Article 17 survives, but freedom of expression safeguards are key: C-401/19 – Poland v Parliament and Council by João Pedro Quintais.

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