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.
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.
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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. is not protected under copyright.
[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 the light of the foregoing, (…) a portrait photograph can (…) be protected by copyright if, which it is for the national court to determine in each case, such photograph is an intellectual creation of the author reflecting his personality and expressing his free and creative choices in the production of that photograph.
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?”
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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!
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Takedown Services Under Copyright Law
IP and Legal Filings
APRIL 19, 2022
The author or creator of any theatrical, literary, creative, or musical work has an exclusive right to copyright. It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Image Source: gettyimages]. What are takedown services?
Is Generative AI Fair Use of Copyright Works? NYT v. OpenAI
Kluwer Copyright Blog
FEBRUARY 28, 2024
In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? Such uses, they argue, constitute copyright infringement. As in the present context, the initial concern of copyright holders was that their consent had not been acquired by Google prior to scanning their works.
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Dreamstime Launches LicenseGuard to Track Copyright Infringements
Plagiarism Today
APRIL 5, 2022
When it comes to copyright, the photography space has been especially fraught with litigation and legal threats over the past decade plus. Getty Images, along with several other stock photography companies, engaged in a massive copyright campaign that began in the 2000s. It’s a grim landscape. How LicenseGuard Works. Bottom Line.
Fair Use for Documentaries in US Copyright Law: Brown v Netflix
Kluwer Copyright Blog
JUNE 30, 2021
Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v. Background.
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Who Owns the Copyright in AI-Generated Art?
Intepat
SEPTEMBER 15, 2023
This burgeoning genre is not only pushing the boundaries of artistic expression but also challenging the established norms of copyright ownership. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art. Copyright laws are designed to safeguard the rights of creators.
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Born to be authors: the copyright of the child
Kluwer Copyright Blog
NOVEMBER 24, 2022
Children provide a unique contribution to the discourse on creativity, copyright and intellectual property. A systematic study on the copyright of children is yet to be attempted. A systematic study on the copyright of children is yet to be attempted. 1197 and C?683/17 683/17 – Cofemel ).
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Is that Bird A Cardinal or a Scarlet Tanager? Who Cares. The U.S. Supreme Court Weighs in on Copyright Infringement and the Issue of Mistake
The IP Law Blog
MARCH 3, 2022
Unicolors is the owner of copyrights in various fabric designs, including a 2011 copyright registration that consisted of 31 separate designs. The jury found in Unicolors favor and H&M moved the court for judgment as a matter of law, which the trial court denied. First, the Court looked to the text of 17 U.S.C.
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. However, these designs are not expressly covered under the Copyright Act. § 102(a)).
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Same Old Spin: Why Access Copyright Needs a Reality Check on Canadian Copyright
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. The same was true after the Access Copyright v.
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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. He sues for copyright infringement and claims damages. The Azerbaijani Supreme Court upholds this decision in 2011.
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COPYRIGHT AND TATTOOS
Biswajit Sarkar Copyright Blog
JULY 21, 2023
Understanding Copyright How would you define copyright? The word ‘copyright’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. Copyright is by nature a very narrow protection. Another important exception to copyright is facts or universal truths.
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Is it possible to protect AI-generated works with copyright? According to the US Copyright Office, no.
CopyrightsWorld
APRIL 29, 2022
The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States. Last Monday, the Copyright Office issued a fresh ruling rejecting a request to copyright an AI-generated artwork. “Visions of a Dying Brain” created by AI. says the author.
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Evolution of Tests of Creativity in Copyrights
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. The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.”
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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.
Can AI-generated works be protected by copyright? No, according to US Copyright Office.
CopyrightsWorld
APRIL 29, 2022
The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States. Last Monday, the Copyright Office issued a fresh ruling rejecting a request to copyright an AI-generated artwork. “Visions of a Dying Brain” created by AI. says the author.
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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)
Technology & Marketing Law Blog
DECEMBER 13, 2023
by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. — Of course, no state law claim is exactly the same as a copyright claim.
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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™.
Copyright Infringement in edited photographs
Biswajit Sarkar Copyright Blog
DECEMBER 20, 2022
Photographs are under the subject matter of copyright which means that photographs are artistic works that attract copyright protection. In India, photographs enjoy copyright protection under Section 2 (c) i of the Copyright Act, 1957 , which mentions the certain types of artistic works granted copyright protection in India.
De Minimis & Copyright Infringement : Where To Draw The Line?
IP and Legal Filings
JANUARY 13, 2023
Copyright infringement and De Minimis are often replaced to complement each other. However, de minimis is sometimes used as a defence in a copyright lawsuit. More often than not, the lawsuits filed for copyright infringement are cases of de minimis and thereto, get dismissed on the anvil of frivolity. INTRODUCTION.
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.
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“Inducing” Copyright Infringement in Canada: Is it a Thing?
IPilogue
OCTOBER 19, 2022
Is there such a thing as “inducing” copyright infringement? The defendants had been retailing pre-loaded set-top boxes that gave viewers unauthorized access to television broadcast and cable programming in which the plaintiffs owned or controlled the copyright. Lieberman, Christopher G. I suggest not.
Expend4bles: 3,000 Canadians Targeted in Federal Court Piracy Sweep
TorrentFreak
MAY 26, 2024
Record Breakers Early 2011 after pulling in $274 million at the worldwide box office, the company behind the first movie targeted 6,500 suspected pirates via a complaint filed at a district court in Columbia. 27(1) of the Copyright Act. The larger the dots, the more defendants located in that region.
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The football game as a copyright work (Part I)
Kluwer Copyright Blog
JANUARY 31, 2022
This post is based on the chapter “The Football Game as a Copyright Work” in Natalie Helberger, Joost Poort, Martin Senftleben, Mireille van Eechoud, Stef van Gompel (eds.). Bernt Hugenholtz, Kluwer Law International, 2021. Football games, as such, would remain free from copyright. Image by Keith Johnston via Pixabay.
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Why do only fools and horses write original material? UK court finds copyright infringement of ‘Del Boy’ character
Kluwer Copyright Blog
JULY 11, 2022
The Intellectual Property Enterprise Court (IPEC), part of the English High Court, has ruled that copyright subsists in the character of Derek ‘Del Boy’ Trotter and that a character can be protected as a literary work under the UK’s closed list of copyright works ([ 2022] EWHC 1379 IPEC ).
Copyright Vindication: Supreme Court Confirms Access Copyright Tariff Not Mandatory, Lower Court Fair Dealing Analysis Was “Tainted”
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.
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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
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Introducing a zero-embargo Secondary Publication Right in Bulgaria
Kluwer Copyright Blog
FEBRUARY 8, 2024
As a general rule, the publishers of these journals require the author to relinquish their copyright over the work by granting them an assignment of rights or an exclusive license. Pre-existing Bulgarian provision The SPR is not an entirely novel concept to Bulgarian copyright law. 41 and 42 of the CNRA. On the other hand, art.
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Is "The Naked Kiss" Missing Copyright Notice?
Dear Rich IP Blog
APRIL 16, 2020
There are very clear records in the post-1978 Copyright Office database indicating copyright ownership but this person is insisting it is an invalid copyright because there is no “©” insignia anywhere on head or tail. Is the copyright notice missing? What about the copyright records?
13 Spooky Copyright Cases, Just in Time for Halloween
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? The only thing scarier than a slasher flick is a lawsuit. It’s Halloween time again! Skully Curly.
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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. In fact, one of Prof.
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Copyright Infringement and Personal Jurisdiction Over Foreign Defendants
The IP Law Blog
AUGUST 25, 2022
District Court can exercise personal jurisdiction over a foreign defendant with regard to a copyright infringement suit. Lang Van is a California corporation that produces and distributes Vietnamese music and entertainment, owning the copyrights to thousands of songs and programs. In 2014, Lang Van sued VNG for copyright infringement.
Is that Bird A Cardinal or a Scarlet Tanager? Who Cares. The U.S. Supreme Court Weighs in on Copyright Infringement and the Issue of Mistake
LexBlog IP
MARCH 3, 2022
Unicolors is the owner of copyrights in various fabric designs, including a 2011 copyright registration that consisted of 31 separate designs. The jury found in Unicolors favor and H&M moved the court for judgment as a matter of law, which the trial court denied. First, the Court looked to the text of 17 U.S.C.
Sunday Surprises
The IPKat
MARCH 10, 2024
IMRO and Law Society Annual Copyright Lecture (1 May) The 5th annual IMRO/Law Society of Ireland Copyright Lecture will be held in Dublin on 1 May, 18:00 – 19:30. The theme of the lecture is ‘Music Copyright: The Text and Data Mining Exceptions and the EU's AI Act’. Register for the webinar here.
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
On July 30, the Supreme Court of Canada released their much-anticipated judgement in York University v Canadian Copyright Licensing Agency (Access Copyright) [ York University ]. This was a drastic increase from the fees stipulated in the 1994 to 2010 licence agreement between Access Copyright and post-secondary institutions.
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UK Government axes plans to broaden existing text and data mining exception
The IPKat
FEBRUARY 3, 2023
It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? It should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law.
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Supreme Court: Mistakes of Law Can Excuse Inaccurate Copyright Registration
LexBlog IP
FEBRUARY 24, 2022
The Supreme Court held today that lack of knowledge of either fact or law can excuse inaccuracies in a copyright registration under Section 411(b)’s safe harbor provision of the Copyright Act. In 2015, Unicolors sued H&M in the Central District of California for copyright infringement. legal mistakes.”
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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 with many aspects of copyright, the only way to get a definitive answer on a fair use question is to have a case go to court and have either a judge or a jury decide the outcome.
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