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3 Count: Dark Horse Dismissal

Plagiarism Today

1: Katy Perry Wins in Dark Horse Copyright Appeal. First off today, Mark Savage at the BBC reports that Katy Perry has emerged victorious once again in the lawsuit over her 2013 song Dark Horse. copyright law. Let me know via Twitter @plagiarismtoday. Originally, a jury sided with Gray and awarded him $2.8

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

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. But fair use isn’t a defense to a breach of contract claim.

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Failure to comply with the terms of a copyright assignment agreement held to amount to copyright infringement in France

The IPKat

This time, the dispute notably concerns both the originality of photographs and their use for a period exceeding that stipulated in the copyright assignment contract. A Kat while using à L'Oréal shampoo Facts Between 2013 and 2015, L'Oréal asked Ms Y to take photographs of products in its KERASTASTE brand ranges.

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Joining forces to help end the global book famine: China ratifies the Marrakesh Treaty

The IPKat

China signed this treaty as one of the initial signatory countries on 28 June 2013, at Marrakesh, Morocco. The Marrakesh Treaty is one of the WIPO’s administered international copyright treaties. This has been done by creating ‘a set of limitations and exceptions to traditional copyright law’.

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Permissibility Of A Waiver Of Moral Rights Of An Author Under The Copyright Regime

IP and Legal Filings

Article 6bis of the Convention fails to establish a period or tenure for an author’s moral rights, leaving it to the discretion of the Convention’s contracting parties. Facts: The plaintiff set out to complete the difficult undertaking after entering into a contract with the Central Public Works Department (defendant No.

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Copyright as an Access Right: Concretizing Positive Obligations for Rightholders to Ensure the Exercise of User Rights

Kluwer Copyright Blog

The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of creators (see Geiger, 2017 ). The purpose of copyright, its social and innovation function, is thereby seriously undermined.

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German Federal Court of Justice: Copyright Case Law of 2021 – Part I

Kluwer Copyright Blog

Photo by Christian Wiediger from Unsplash The implementation transposition of the Copyright Directive 2019/790 (DSMD) in the summer of 2021 represented probably the greatest reform in German copyright law since the German Copyright Act (UrhG) came into force. Germany’s implementation of Art.