IPilogue

JULY 12, 2021

May 21 was a historic day for copyright fanatics around the country. During her 17 years on the highest court in Canada, Justice Abella was instrumental in advancing users’ rights in Canadian copyright law, particularly helping develop Canada’s fair dealing jurisprudence. v Teranet Inc. v Teranet Inc. v Law Society of Upper Canada.

Copyright Law 120

Copyright Law Copyright Law Music 120

Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. SSPL was incorporated in 2004. Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. It also mentioned that their copyright assignment wasn’t valid.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

Plagiarism Today

DECEMBER 1, 2022

In a similar question at 17:05 in the same video, another user asked, “Why Google is not taking action on copy or spun web stories? This combination, as we discussed in this retrospective, has been around since at least 2004 , spearheaded by the then-popular Article Bot software. Can you check on Discover?”.

Copyright Notice 235

Copyright Notice Plagiarism Reporting Copyright 235

The IPKat

JULY 9, 2021

Three years after Nigeria’s Federal Executive Council considered and approved the Copyright (Repeal) Bill, it has now been transmitted to the National Assembly for enactment into law. This Kat is yet to see a copy of the Copyright (Repeal) Bill that was presented to the National Assembly.

Copyright 57

Copyright Copying Technology Law 57

Michael Geist

FEBRUARY 21, 2023

Canadian copyright lobby groups have relentlessly lobbied the government to overturn decades of Supreme Court of Canada jurisprudence, seeking unprecedented restrictions on fair dealing that include eliminating it for educational institutions if a licence is available. These claims are grounded in multiple inaccuracies.

Copyright 53

Copyright Licensing Higher Education Fair Use 53

IPilogue

JULY 19, 2021

The Court reaffirmed the almost century-old principle that copyright protection does not apply to facts ( Deeks v Wells , [1931] OR 818, 1931 CanLII 157 (CA) ), but with a twist. In 2004, Nate Hendley and James Lorimer & Company Ltd, the defendants, released The Black Donnellys: The Outrageous Tale of Canada’s Deadliest Feud.

Copyright 112

Copyright Copying Law Publishing 112

Canadian Intellectual Property Blog

OCTOBER 13, 2021

Hendley, 2021 FC 498 [ Winkler ], the Federal Court (the “Court”) addressed an unusual issue of copyright protection in a nonfictional work containing descriptions of events with questionable historical accuracy. In its decision, the Court reiterated that copyright protection does not extend to facts.

Copyright 52

Copyright Copyright Infringement Publishing Intellectual Property 52

IP and Legal Filings

AUGUST 14, 2023

Copyright is a more complicated problem. Per Article 5(2) of the Berne Convention [9] , copyright is established without the need for any further procedures. Since copyright is “universal”, some argue that the lex originis should be utilised to determine who owns works that have been plagiarised.

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

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. Part II will cover claims under copyright law and collecting societies.

Copyright 52

Copyright Law Due Diligence Copyright Infringement 52

Technology & Marketing Law Blog

AUGUST 2, 2021

The book is available as a PDF at Gumroad for $10, as a Kindle ebook for $9.99, and in hard copy at Amazon for $20. The hard copy comes with a free PDF on request; and shipping should be free on Amazon Prime.] If you’re an academic and would like a free evaluation copy, please email me. Primer on CCPA/CPRA. Primer on FOSTA.

Editing 145

Editing Law Privacy Contracts 145

TorrentFreak

JANUARY 15, 2024

Back in 2004, when LimeWire was the file-sharing client of choice for millions of users, FrostWire appeared as the new kid on the block. Play Store Takes Down FrostWire At the end of November last year, Google informed the FrostWire team that its app had been suspended from Google Play due to alleged copyright infringement.

Music 109

Music Copyright Infringement Copyright Copying 109

The IPKat

DECEMBER 19, 2022

EU trade agreements commonly include norms, which require partner countries to implement the EU’s own approach to copyright, geographical indications, or civil and customs enforcement of IP rights. AA norms, themselves based on deliberately vague provisions from Directive 2004/48/EC, were not written to be copied into a foreign legal order.

IP 125

IP Intellectual Property Law Copying 125

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. Similarly, the boundary between copyright and user rights can also be likened to a “moving target” – elusive, ever-evolving, and always open to debate. Brace Memorial Lecture.

Fair Use 110

Fair Use Copyright Law Copyright Intellectual Property 110

Plagiarism Today

MARCH 3, 2022

All totaled, Haake discovered that McCrory had copied some 560 words of his, making up just over half of McCrory’s letter. iThenticate, the service most frequently used by journals, just launched in 2004. Haake said that he reported the incident to Physics World, but nothing came of it. It could be as simple as the timing.

Journalism 265

Journalism Plagiarism Publishing Copying 265

Technology & Marketing Law Blog

DECEMBER 15, 2021

A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. The DMCA’s main counterbalance to copyright owner overreach was supposed to be 512(f).

Registration 110

Registration Fair Use Copyright Designs 110

Copyright Lately

MAY 17, 2021

Parody is tricky, both as an art form and as a matter of copyright law. And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. Did SNL go too far?

Fair Use 96

Fair Use Copying Television Social Media 96

The IPKat

NOVEMBER 20, 2022

When he was inducted into the Rock and Roll Hall of Fame in 2004, Prince said, " When I first started out in the music industry, I was most concerned with freedom. From the perspective of a national court, TPB operators would therefore be primarily liable for copyright infringement.

Music 52

Music IP Licensing Copyright 52

IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. Challenges in IPR Regulation in e-commerce As per a survey, around 38% online buyers experienced counterfeit products and 1/3 rd people have gotten copied products. 26, 2023, 11:00 AM), [link].

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

43(B)log

MARCH 1, 2022

The passage is “separately copyrighted,” by which I take it the court means “separately registered.” Amount/substantiality: Accepting his allegation that the passage was the heart of the work, the court saw no need to separately address his argument that the separate registration meant that the school district copied the “whole” work.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

The IPKat

JANUARY 31, 2022

Under article 8(1) of the Enforcement Directive (Directive 2004/48/EC) a claimant in infringement proceedings can request a court to order certain parties to disclose information. The defendants (Castorama Polska and Knor) are accused of infringing the copyrights of the claimant (a company called TB). One image is depicted below.

Intellectual Property 97

Intellectual Property Cease and Desist IP Copyright 97

Velocity of Content

FEBRUARY 14, 2022

It’s unprecedented for what we’ve seen in the time that we’ve been tracking the sales, which is starting in 2004,” McLean tells CCC. It Ends with Us by Colleen Hoover was published in 2016, yet sold more than 770,000 copies in 2021, largely because of so-called booktokers.

Reporting 52

Reporting Publishing Editing Marketing 52

IIPRD

JUNE 29, 2022

Design Rights: By registering their product designs, they can prevent third parties from copying the original and new, aesthetic, or ornamental components of their creations. Copyright: France, the brand’s home country, allows for copyright protection for footwear and fashion items.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

Intepat

APRIL 19, 2023

SCOPE OF PROTECTION UNDER COPYRIGHT LAW The Copyright Act, of 1957 defines “ literary work ” under section 2(o), to include computer programs, tables and compilations including computer databases. Copyright can protect certain kinds of CRIs, mainly computer software inventions.

Invention 52

Invention Intellectual Property Patent Copyright 52

The TTABlog

MARCH 20, 2023

ERB's claim of long use (2004 and 2008) was not necessarily persuasive in the context of a product configuration. And there was no evidence of intentional copying or of media coverage. Text Copyright John L. ERB's sales figures were not impressive, and they also lacked marketplace context. Welch 2023.

Registration 68

Registration Advertising Advertising Designs 68

IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. Yet the Act does not define what “original” clearly means.

Copyright 93

Copyright Public Domain Copying Publishing 93

IIPRD

JANUARY 29, 2023

3] The legal pitfall people ignore is the lack of clear communication over the copyrights of the character. 8] Line between Copying and Inspiration Recently, VTuber Pekora’s look-alike was seen in an animated series without any consent from the creator or the company. [9] 3] Section 17 of the Copyright Act, 1957. [4]

IP 52

IP Artwork Contracts Intellectual Property 52

Michael Geist

AUGUST 5, 2021

Last week’s Supreme Court of Canada copyright decision in Access Copyright v. York University has unsurprisingly been applauded by the education community, which having faced years of litigation launched by the copyright collective, now finds its position vindicated.

Copyright 145

Copyright Copying Licensing Litigation 145

Copyright Lately

OCTOBER 25, 2021

Here are some of the greatest copyright horror stories, featuring such classics as “Nightmare on Elm Street,” “Halloween,” “Dracula,” “Ghostbusters” and … a creepy McDonalds character? You can judge for yourself by downloading a copy of “Jap Herron” here.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

Kluwer Copyright Blog

JUNE 17, 2021

So, it does reutilise the database’s content and by the fact that it previously copies and indexes the content of CV-Online Latvia’s database, it also extracts it. The decision fully follows AG Szpunar’s opinion and is a further confirmation of his strong influence on the copyright case law of the Court (see Derclaye’s 2020 empirical study ).

Database Right 52

Database Right Law Copyright Law Advertising 52

Fish & Richardson Trademark & Copyright Thoughts

MAY 10, 2022

Accordingly, Teleflex had failed to show likelihood of success on the merits, and Judge Schiltz therefore did not need to address the remaining preliminary injunction factors. at *6 (citing Steel Car, Ltd. Canadian Pac. 3d 1319, 1325 (Fed. He thus denied Teleflex’s motion for a preliminary injunction.

Litigation 52

Litigation Patent Designs Design 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790).

Contracts 98

Contracts Copyright Law Cease and Desist 98

Michael Geist

AUGUST 3, 2021

” The decision removes any doubt that the Supreme Court remains strongly supportive of user’s rights in copyright and vindicates years of educational policy in shifting away from Access Copyright toward alternative means of ensuring compliance with copyright law.

Copyright 100

Copyright Copying Copyright Infringement Licensing 100

TorrentFreak

DECEMBER 23, 2023

2023, 2020, 2016, 2012, 2008, 2004… The 90% figure didn’t suddenly appear in 2016 either. Back in 2004, the Motion Picture Association’s Regional Director, Dara MacGreevy, reportedly said that 90% of online films come from camcorder copies. That press release didn’t mention a source either.

Cinema 108

Cinema Reporting Copying Copyright 108

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. ” The decision – SOCAN v.

Copyright Law 136

Copyright Law Copyright Law Music 136

IP and Legal Filings

JANUARY 30, 2023

It will enable the metaverse to run smoothly without any brand abusing and illegal copying of the existing IP owners. Types of IPR Basically, there are four types of IPR Patent Trademarks Copyrights Trademark and Metaverse Trademark is the visual symbol that differentiate between trademarked goods and services from each other.

Intellectual Property 93

Intellectual Property Non-Fungible Tokens Trademark Copyright 93

43(B)log

AUGUST 22, 2022

There was also no copyright preemption. 1934) (finding unenforceable the sale of a violin represented as a Stradivarius when buyer and seller were both mistaken and the violin was a cheap copy).] 4th 135 (2004); cf. The First Amendment has long coexisted with no-fault false advertising laws. Zimbalist, 38 P.2d 2d 170 (Cal.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

Technology & Marketing Law Blog

JULY 25, 2022

Eleven days ago, the Ninth Circuit reaffirmed that: (1) the discovery rule of accrual applies to the Copyright Act’s three-year statute of limitations; and (2) when the discovery rule applies, the copyright owner is not limited to damages for acts occurring within three years before the date of filing the lawsuit. July 14, 2022).

Blogging 84

Blogging Copyright Licensing Copyright Infringement 84