Technology & Marketing Law Blog

JANUARY 3, 2023

” However, Wallshoppe does not allege Defendant knew of the specific acts of infringement at issue here—Sienna Lewis selling products featuring the Palm Design on Defendant’s website. Mitchell’s caption, make absolutely clear that the focus of its reporting is on the Post and the controversy. * LEXIS 198181 (C.D.

Copyright 93

Copyright Social Media Copyright Infringement Publishing 93

Kluwer Copyright Blog

DECEMBER 26, 2021

This becomes quite evident when one looks at the number of institutional policy reports that have been issued in the past three months. European Parliament, Report on the situation of artists and cultural recovery in the EU. See Communia’s report of the initial meeting here. We reported on this here. CJEU judgments.

Copyright Law 115

Copyright Law Copyright Law Reporting 115

TorrentFreak

JUNE 3, 2023

Reporters who attempted to interview Geshev as he left court suddenly found themselves attacked by security guards. Copyright infringement of any kind causes serious harm to local music ecosystems and diverts money away from those who create and invest in music.”

Music 130

Music Copyright Infringement Copyright Reporting 130

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.

Registration 67

Registration Copyright Law Copyright Intellectual Property 67

Kluwer Copyright Blog

JANUARY 9, 2023

have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement… In seeking Supreme Court review, the [Andy Warhol] Foundation argued that the Goldsmith decision was inconsistent with the Court’s teachings in Campbell and Google. .

Copyright 95

Copyright Blogging Fair Use Reporting 95

The IPKat

DECEMBER 15, 2022

More on this in a separate post… And here are matters this Kat is keeping 3 of the 5 senses, alert for: As reported on The IPKat in May , the Africa Group at WIPO proposed a Work Program on Limitations and Exceptions (L&Es) to WIPO's Standing Committee on Copyright and Related Rights (WIPO-SCCR).

IP 134

IP Patent Intellectual Property Government 134

TorrentFreak

DECEMBER 16, 2022

As reported in February 2022, notices published on the Lumen Database referenced well over one hundred pirate sites, all of which had been previously blocked for copyright infringement under the orders of the High Court in London. Just weeks after deindexing was confirmed in the Netherlands, a similar pattern emerged in the UK.

Publishing 89

Publishing Television Government Copyright 89

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

Copyright 145

Copyright Art Fair Use Registration 145

The IPKat

JANUARY 30, 2022

The author gave food for thought on the reproduction of works of art on book covers, on possible moral rights in the discussion, and on Walter Benjamin's notion of the "aura" of a work. PATENTS GuestKat Rose Hughes reported on a decision by the Court of Appeal of the Federal Circuit (CAFC) in the life science field on a dosage regime claim.

Moral Rights 76

Moral Rights Database Right Designs Design 76

Kluwer Copyright Blog

JANUARY 31, 2023

Therefore, case law plays a huge role in ensuring the establishment of a fair and balanced liability regime, in particular as concerns the issue of (indirect) liability for internet service providers and other intermediaries whose services are used to commit copyright infringements.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

Kluwer Copyright Blog

JUNE 19, 2023

However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

NOVEMBER 24, 2021

Claims under copyright law. In Germany, in the case of copyright infringements, Section 97(1) and (2) UrhG provides for claims to be asserted for injunctive relief and damages. In 2015, the BGH ruled that managing directors have limited liability in copyright matters.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

JUNE 21, 2021

Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. There is some controversy as to how the right of communication to the public as mentioned in Art. Image of conolan on Pixabay.

Art 85

Art Law Related Rights Marketing 85

The IPKat

AUGUST 1, 2021

Here is his report. The first case ( 4 Ob 40/21t – in German) relates to the operation of an online video recording device. Former GuestKat Peter Ling was recently made aware of two referrals for a preliminary ruling made by the Supreme Court of Austria on the interpretation of Art. 3(1) and Art. 2(a) and (e) and Art.

Television 145

Television Art Advertising Advertising 145

The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. Last year the IPKat reported that the US Copyright Office refuses to register AI-generated works and requires human authorship as a prerequisite to copyright protection.

Litigation 143

Litigation Copying Copyright Designs 143

The IPKat

AUGUST 11, 2022

Beyond the need to provide a balanced and accurate view of copyright statutes, there are positive lessons to draw from KECOBO's work as the copyright regulator in Kenya.

Social Media 93

Social Media Copyright Copyright Law Due Diligence 93

Kluwer Copyright Blog

MARCH 21, 2023

The Directive does this through a mandatory exception for copyright infringement that allows cultural heritage institutions and educational institutions to reproduce and make available orphan works from their collections to the public. Even then, the overall results of the study show a failed Directive.

Copyright 102

Copyright Marketing Marketing Licensing 102

The IPKat

OCTOBER 4, 2022

This issue has also raised the question of how to strike the right balance between the respective interests and rights of intellectual property owners on the one hand and amateur creators, users and content sharing services on the other. The use case analyses the internal solutions of content sharing services (i.e.

Technology 117

Technology Publishing Social Media Intellectual Property 117