Reflections on copyright law
Likelihood of Confusion
JANUARY 9, 2023
Originally posted 2011-07-22 18:09:03. The post Reflections on copyright law appeared first on LIKELIHOOD OF CONFUSION™. In a Den of Hydralisks. Republished by Blog Post Promoter.
Best of 2011: Madden ’nuff
Likelihood of Confusion
FEBRUARY 22, 2022
First posted October 4, 2011. So, what magic words can resurrect a potentially multi-million-dollar copyright lawsuit from a. The post Best of 2011: Madden ’nuff appeared first on LIKELIHOOD OF CONFUSION™. Here’s a guy who just may be in for some serious money!
Copyright 
52
52 Join 9,000+
Insiders
Sign Up for our Newsletter
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Trending Sources
Best of 2011: Sun, Oracle, Microsoft, Google, trademark, patents, copyright and David Boies
Likelihood of Confusion
NOVEMBER 21, 2022
First posted September 28, 2011. There’s a lot going on, conceptually, in this article entitled “The $800M question: What’s the difference between trademark and copyright?”
Trademark 52
52 
Book review: Performing Copyright: Law, Theatre and Authorship
The IPKat
NOVEMBER 22, 2021
this Kat was delighted to review Performing Copyright: Law, Theatre and Authorship by Dr Luke McDonagh (Assistant Professor of Law at LSE Law School). This is the first academic monograph that solely considers the relationship between UK copyright law and historical and contemporary theatre. And Who Owns It?
Copyright Law 145
145 
Austrian Copyright Law & Films: No protection of mere film ideas
Kluwer Copyright Blog
APRIL 2, 2024
Photo by TheoRivierenlaan from Pixabay The Austrian Supreme Court (hereinafter: “ASC”) ruled on 19th of December 2023 ( 4 Ob 112/23h ) in a case concerning the 2019 film “Yesterday” The Plaintiff alleged that the film infringed its copyright in a short screenplay idea published in 2011.
[Guest post] Works of applied art – the difference between design and copyright law
The IPKat
MARCH 25, 2024
Here’s what Henning writes: Works of applied art – the difference between design and copyright law by Henning Hartwig I. USM Haller modular furniture In 2011, the Court of Justice of the EU (CJEU), for the first time, had to decide on issues revolving around the protection of different categories of works under European copyright law.
[Guest post] Reciprocity in copyright law
The IPKat
OCTOBER 30, 2023
In fact, and much to the contrary, it has been established national law and practice – prior and after ‘Cofemel’ – that the scope of protection correlates with the level of originality which, in return, corresponds with the degree of departure from the existing design corpus (i.e., the “degree of creative freedom exercised by the author”).
Takedown Services Under Copyright Law
IP and Legal Filings
APRIL 19, 2022
Although Section 81 of the IT Act specifies that the prohibitions of Section 79 do not preclude anyone from exercising any rights allowed under the Copyright Act 1957, intermediaries are exempted from accountability for copyright infringement. As a result, the IT Act’s obligations have precedence over all other laws.
Fair Use for Documentaries in US Copyright Law: Brown v Netflix
Kluwer Copyright Blog
JUNE 30, 2021
The song “Fish Sticks n’ Tater Tots” was composed by the plaintiffs in 2011. More decisions like the ruling in Brown v Netflix will certainly help restore the right balance between the interest of copyright owners and those of documentary makers, by affirming a robust fair use space which allows said filmmakers to use necessary raw material.
Fair Use 103
103 
Things will never be the same
Likelihood of Confusion
OCTOBER 4, 2022
Larry Zerner: On August 3, 2011, the 9th Circuit Court of Appeals, in the case Perfect 10, Inc. made a major change relating to copyright law that will affect litigation. Google, Inc. The post Things will never be the same appeared first on LIKELIHOOD OF CONFUSION™.
Asghar Farhadi’s High-Stakes Plagiarism Battle
Plagiarism Today
MARCH 30, 2022
Finally, another student has come forward and accused Farhadi of doing something similar when they were at a similar workshop in 2011. However, I know very little about Iranian copyright law. and European copyright law. Generally speaking, ideas and facts cannot be covered by copyright protection.
Plagiarism 225
225 
Who Owns the Copyright in AI-Generated Art?
Intepat
SEPTEMBER 15, 2023
To delve deeper into the question of ownership, we need to grasp the traditional concept of copyright. Copyright laws are designed to safeguard the rights of creators. Historically, these rights have been attributed to human creators, forming the cornerstone of copyright law.
Art 105
105 
Photographs Taken 91 Years Ago Still in Conflict Today
IPilogue
FEBRUARY 28, 2023
The United States Court of Appeals for the Ninth Circuit reversed a 2019 federal district court’s ruling that held a French court’s ruling was unenforceable due to a conflict in copyright laws between the countries. The appellate court agreed that Zervos’ photographs were protected by copyright, as it involved sufficient creativity.
Fair Use 105
105 
Congress Tees Up Copyright Protection for Golf Course Designs with the BIRDIE Act
LexBlog IP
MARCH 5, 2024
A new federal bill aims to put golf courses on “par” with other architectural designs by expanding federal copyright protection to golf courses. Copyright law in the United States, rooted in the U.S. In 2011, the Seventh Circuit held in Kelley v. § 102(a)).
Designs 52
52 
Sunday Surprises
The IPKat
MARCH 10, 2024
2024 European Copyright Society (ESC) Conference on conflict and trust in the European copyright system (24 May) The 2024 ECS conference will address current conflicts over the scope and enforcement of European copyright law and look for ways to resolve them in a trustworthy manner and with a balanced outcome.
Revoke this, I implied. Or something.
Likelihood of Confusion
APRIL 10, 2023
Only a real IP lawyer like Pamela Chestek can write about revoking an implied nonexclusive copyright license. Originally posted 2011-03-24 17:58:18. And mean it. Republished by Blog Post Promoter The post Revoke this, I implied. Or something. appeared first on LIKELIHOOD OF CONFUSION™.
Licensing 40
40 
The Battle Over Poker NFTs
Plagiarism Today
SEPTEMBER 28, 2021
In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.” As for the case itself, it was settled in 2011 with neither side surrendering their position. pic.twitter.com/ToJt79iwa3 — PokerPaint (@PokerPaint) September 27, 2021.
Fair Use 243
243 
Born to be authors: the copyright of the child
Kluwer Copyright Blog
NOVEMBER 24, 2022
The notion of stewardship (H R Howe, ‘Copyright limitations and the stewardship model of property’ (2011) 2 IPQ 183-214) is instrumental to expanding the scope of the analysis on vulnerable authors (e.g. A copyright lawyer will be familiar with legal issues on subject matter, originality, authorship and ownership.
Copyright 95
95 
UK Government axes plans to broaden existing text and data mining exception
The IPKat
FEBRUARY 3, 2023
As it is discussed at greater length elsewhere ( here ), TDM is an example of an area in which legislative intervention has been broadly justified by reference to the need of freeing up certain copyright-covered spaces to facilitate research and increase innovation and competitiveness.
Government 141
141 
Copyright Exceptions and Digital Exhaustion addressed by the European Court of Human Rights (yes, the one in Strasburg!)
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. The Azerbaijani Supreme Court upholds this decision in 2011. The Safarov case In 2009, Safarov authors a book.
Copyright 91
91 
De Minimis & Copyright Infringement : Where To Draw The Line?
IP and Legal Filings
JANUARY 13, 2023
DE MINIMIS IN COPYRIGHT LAW. Wilmot Storage Services [2] , the court laid down the scope and extent of de minimis while stating that it can be used in matter of copying of the copyrighted content instead of just a mere display of such work. Vishesh Kumar, De Minimis in Copyright Law- Trivial or Proceed to Trial, Mondaq, (Jan.
The Elizabeth Haigh Cookbook Plagiarism Scandal
Plagiarism Today
OCTOBER 13, 2021
Featured on the 2011 BBC MasterChef competition, she was the head chef at London restaurant Pidgin when it earned a Michelin Star and is the owner of the popular restaurant Mei Mei. copyright law, one typically cannot copyright a recipe itself. However, from a legal standpoint, the case is an interesting one.
Plagiarism 238
238 
Is "The Naked Kiss" Missing Copyright Notice?
Dear Rich IP Blog
APRIL 16, 2020
A proper copyright notice includes (1) the copyright symbol © or the word, "copyright", (2) the year of first publication, and (3) the copyright owner's name. Under the copyright law effective when "The Naked Kiss" debuted, a notice was defective if the date was missing. What about the copyright records?
MPA & RIAA Deployed 60+ Lobbyists in 2022, Piracy Top of The Agenda
TorrentFreak
JANUARY 5, 2023
The Concept Art Association says that some of the money will go to the Copyright Alliance, which already lobbies the government on behalf of its own members. Some recently expressed concerns that AI-generated works collide with copyright law. The last time the RIAA spent more was back in 2018, and before that, 2011.
Government 127
127 
Is it possible to protect AI-generated works with copyright? According to the US Copyright Office, no.
CopyrightsWorld
APRIL 29, 2022
” On May 27, 2020, Thaler filed a second appeal, arguing that AI artworks should be copyrightable because it would “advance the fundamental aims of copyright law, including the constitutional foundation for copyright protection.” ” In the United States, only human creators have copyright.
Copyright 98
98 
2021 IP Year in Review
IPilogue
JANUARY 14, 2022
Our hard-working students and community members published more than twice as many articles than in 2020 and the most articles in a calendar year since 2011. This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Copyright Law.
IP 106
106 
Copyright Infringement in edited photographs
Biswajit Sarkar Copyright Blog
DECEMBER 20, 2022
However, the photographer claimed that it was a case of copyright infringement. In 2011, the district court ruled in favour of Cairou but appeal was filed. This time, in 2013, the judgement in favour of Cairou was overturned.
The Future of Copyright. In memory of Luigi Carlo Ubertazzi (Report 1/2)
The IPKat
SEPTEMBER 29, 2022
Ubertazzi was one of the leading intellectual property academics in Italy (as well as a great lawyer), founder and editor of the most important Italian copyright journal (AIDA) and editor and author of the most widely used Commentary on Italian intellectual property laws.
Reporting 82
82 
A Win for Users’ Rights: Supreme Court Finds Access Copyright Tariff Not Mandatory and End-User Perspective Must be Considered in Fair Dealing Analyses
IPilogue
AUGUST 23, 2021
The unanimous decision, written by Justice Abella, endorses several past Supreme Court judgements including CCH Canadian Ltd v Law Society of Upper Canada and Alberta (Education) v Access Copyright. On December 23, 2010, the Copyright Board granted Access Copyright an interim tariff at the rate of $3.38 Background.
Copyright 106
106 
Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)
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.
Blogging 78
78 
Can AI-generated works be protected by copyright? No, according to US Copyright Office.
CopyrightsWorld
APRIL 29, 2022
” On May 27, 2020, Thaler filed a second appeal, arguing that AI artworks should be copyrightable because it would “advance the fundamental aims of copyright law, including the constitutional foundation for copyright protection.” ” In the United States, only human creators have copyright.
Copyright 98
98 
Why do only fools and horses write original material? UK court finds copyright infringement of ‘Del Boy’ character
Kluwer Copyright Blog
JULY 11, 2022
That copyright was found to have been infringed by the creators of an ‘interactive dining experience’ which used Del Boy and the other main characters from ‘Only Fools and Horses’, one of the most successful British TV comedies of the 1980s and 1990s.
Why SNL’s “Muppets” Parody Had Even the Media Fooled
Copyright Lately
MAY 17, 2021
Parody is tricky, both as an art form and as a matter of copyright law. In 2011, when “Saturday Night Live” guest host Jason Segel was promoting the new Muppet movie, he was joined by several Muppets from the film, voiced and performed by their real actors and puppeteers. Jason Segel and the Muppets on SNL (2011).
Fair Use 95
95 
Germany’s Federal Court of Justice applies CJEU Cofemel guidance, considering it ‘clear’ that works of applied art are to be treated like other works and no new CJEU referral is needed
The IPKat
APRIL 3, 2023
There, the CJEU held that, while unregistered designs are outside the scope of the Design Directive , they may qualify for copyright protection under the InfoSoc Directive ‘if the conditions for that directive’s application are met’, that is if they are their author’s own intellectual creation.
Art 52
52 
“Inducing” Copyright Infringement in Canada: Is it a Thing?
IPilogue
OCTOBER 19, 2022
One must of course first start with the Copyright Act itself and deal with what the Supreme Court also said in Compo (above): “Mr Hughes … put it very well when he said that copyright law is neither tort law nor property law in classification, but is statutory law.
IP Issues in The World of Japanese Sequential Art – Manga
IIPRD
AUGUST 11, 2023
19, 2011, 2009 (A) No. There is no question of fair use as although it is not commercially beneficial but it is neither limited to private use. This makes it difficult for the creator to control the dissemination of their works. 1] SaikōSaibansho [Sup. 1900, 65 SAIKŌ SAIBANSHO KEIJI HANREISHŪ [KEISHŪ] 1(Japan). [2] 2] A&M Records, Inc.
Art 52
52 
Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate
LexBlog IP
MAY 4, 2022
In a private agreement dated 1 April 2011, PM agreed to grant Dixon’s, a retail chain, a licence to use and perform a specific musical repertoire in its shops, including works of Navarr Enterprises.
Contracts 52
52 
Is Generative AI Fair Use of Copyright Works? NYT v. OpenAI
Kluwer Copyright Blog
FEBRUARY 28, 2024
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. copyright law.
Fair Use 137
137 Muzzling Transferors of Intellectual Property: Assignor Estoppel in Canada
IPilogue
JULY 9, 2021
I am working on the revised 3rd edition of my book on Intellectual Property Law (Irwin Law 2011, 2nd edition) , and with Professor Pina D’Agostino as co-author on the revision of the 2nd edition on Copyright Law (Irwin Law 2000).
It’s No Laughing Matter As Spotify Removes Comedy Tracks
Copyright Lately
DECEMBER 5, 2021
Note that this isn’t the case with traditional over-the-air radio broadcasts; due to idiosyncrasies in the way copyright law has developed over the years, artists and record labels aren’t paid for the performance of sound recordings via terrestrial broadcasts.). copyright law.
Music 83
83 
Copyright Infringement and Personal Jurisdiction Over Foreign Defendants
The IP Law Blog
AUGUST 25, 2022
Lang Van is a California corporation that produces and distributes Vietnamese music and entertainment, owning the copyrights to thousands of songs and programs. VNG is Vietnamese corporation that created the Zing MP3 website that makes copyrighted music available for download. In 2014, Lang Van sued VNG for copyright infringement.
The De Minimis Concept in Copyright Cases – The Ninth Circuit Says What it is and What it Isn’t
The IP Law Blog
OCTOBER 14, 2021
Bell worked at an Indianapolis law firm, and his photo was posted on the firm’s website. Copyright Office until 2011. Over time, Mr. Bell has filed more than 200 copyright infringement lawsuits arising out of use of the photo at issue in the Bell case as well as a different photo of the Indianapolis skyline that he took.
Copyright 97
97 
Cloud TV Service Boss Sentenced to 3 Years Prison Plus $505,000 Damages
TorrentFreak
FEBRUARY 15, 2024
At the time, similar services were also being offered by several of Finland’s internet service providers but for the members of the Copyright Information and Anti-Piracy Center (CIAPC, also known as TTVK), this was a serious breach of copyright law.
Artificial Intelligence and IP: A Literature Review
SpicyIP
JULY 22, 2023
Surprisingly, here the report does not mention any protection (or lack thereof) within the IP laws of the country. It recognizes that generative AI systems are trained by reading, viewing, and listening to copies of human-created works which are subject to copyright protection.
IP 98
98 
Let's personalize your content