Kluwer Copyright Blog

MARCH 13, 2024

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 ). licenses for specific uses). However, it is only a first step towards making user’s rights a reality.

Copyright 122

Copyright Art Licensing Contracts 122

The IP Law Blog

AUGUST 4, 2022

The named plaintiffs are two photojournalists whose photographs of the George Floyd protests and the 2016 election were featured on websites of various traditional media outlets without those outlets having obtained any license from the plaintiffs because those media companies used Instagram’s proprietary embedding tools.

Copyright Infringement 98

Copyright Infringement Social Media Licensing Publishing 98

Plagiarism Today

AUGUST 9, 2021

It’s a fairly unique story in plagiarism and highlights the complexities of dealing with plagiarism when the intersection with copyright law is less-than-seamless. At most, they have a non-exclusive license to use those elements for non-commercial purposes. However, this case is a very fascinating one.

Plagiarism 259

Plagiarism Publishing Copying Copyright Law 259

LexBlog IP

FEBRUARY 28, 2022

6] The Supreme Court’s ruling on that petition—and a possible eventual decision on the merits—could have enormous implications for the art world and other industries impacted by copyright law. 9] In reaching that determination, the court relied chiefly on the Second Circuit’s 2013 decision in Cariou v.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

LexBlog IP

JULY 21, 2021

In particular, the revised patent law and copyright law took effect on June 1, 2021. The Interpretation made specific provisions on the scope of applying punitive damages, the determination of “intentional” and “serious circumstances”, as well as the basis for calculation of the damages.

Intellectual Property 52

Intellectual Property Copyright Law Licensing Patent Law 52

LexBlog IP

AUGUST 4, 2022

The named plaintiffs are two photojournalists whose photographs of the George Floyd protests and the 2016 election were featured on websites of various traditional media outlets without those outlets having obtained any license from the plaintiffs because those media companies used Instagram’s proprietary embedding tools.

Copyright Infringement 52

Copyright Infringement Licensing Publishing Social Media 52

The IPKat

FEBRUARY 3, 2023

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. On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe.

Government 141

Government Related Rights Copyright Law 141

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. xviii] In one instance, Getty Images pursued a German blog—Geek Sisters—for almost $900 in licensing fees for their use of the awkward penguin meme.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

SpicyIP

DECEMBER 20, 2023

Spadika Jayaraj discussed a case where the Delhi High Court dismissed a suit by a media house accusing copyright infringement on its database of users. The issue has often arisen in the context of protecting confidential information through copyright law. E.g., see Prateek Surisetti’s post here and Niyati Prabhu’s post here.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Indiana Intellectual Property Law

MARCH 30, 2023

Defendant, Lynn Boolman Auto Sales is a used car dealership located in Portland, Indiana created in 2013, per the Indiana Secretary of State. As Stross did not license the right to use the Photograph to the Defendants, he seeks a judgment for direct copyright infringement in violation of 17 U.S.C. § He received his B.S.

Copyright Infringement 52

Copyright Infringement Copyright Artistic Work Copying 52

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

Blogging Copyright Contracts Cease and Desist 78

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.” Prince appealed to the Second Circuit Court of Appeals, which largely reversed that decision in April 2013. 3: The Andy Warhol Ruling.

Fair Use 239

Fair Use Non-Fungible Tokens Copyright Social Media 239

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

This time, in 2013, the judgement in favour of Cairou was overturned. Both the Berne Convention and the TRIPS Agreement provides for the concept of fair use hence, India being a signatory to both included the concept of fair use in its Copyright Act, 1957 through the exceptions to copyright infringement.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 52

Kluwer Copyright Blog

FEBRUARY 22, 2023

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.

Copyright 52

Copyright Law Copyright Law Contracts 52

Kluwer Copyright Blog

OCTOBER 7, 2021

Welcome to the third trimester of 2021 round up of EU copyright law! In this series we update readers every three months on developments in EU copyright law. improve authoritative and updated information on right holders, terms and conditions and licensing opportunities). Photo by Markus Spiske on Unsplash.

Copyright Law 60

Copyright Law Copyright Law Television 60

Kluwer Copyright Blog

MAY 11, 2023

In the absence of such reservation, consistent with the Directive’s text, Section 53B provides that the right-holders shall enable lawful users of their copyright works to engage in activities of text and data mining to the extent justified by this specific purpose.

Copying 103

Copying Copyright Law Copyright Social Media 103

IP and Legal Filings

JANUARY 29, 2023

Ram Manohar Lohiya National Law University, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing. References Lian Cicily Joseph, Modern Developments in Copyright Law and the Governance of E-Sports, 3.2 GSPR (2021) 131 Zhaoxia Deng, Illegal To Play? & Tech.

Copyright 79

Copyright Ownership Publishing Copyright Infringement 79

Kluwer Copyright Blog

AUGUST 18, 2021

Under the 2013 version of the Public sector information directive, public sector bodies (excluding public broadcasters and a few other institutions) were already obliged to allow maximum (commercial) re-use of information that is publicly accessible under national laws. and not charging fees for re-use. 1(6) Open data directive).

Government 56

Government Database Right Intellectual Property Copyright 56

The IP Law Blog

AUGUST 25, 2022

There was evidence before the Court that VNG had the ability to geo-block users as early as 2013 (if not earlier) but chose not to. law and, at the very least, affect U.S. law and, at the very least, affect U.S. and noted that it had signed license contracts with various U.S. interests.” content owners.”

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98

IP and Legal Filings

AUGUST 14, 2023

2] [image Sources: Shutterstock] When it comes to disagreements over IPR that occur across international borders, this type of dispute is treated the same way as contractual disagreements over the transfer and licensing of these rights are treated: as a tort that falls under general jurisdictional guidelines. [3]

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

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. of the Directive.

Publishing 130

Publishing Contracts Art Copyright 130

43(B)log

DECEMBER 20, 2022

Nathan directed the allegedly infringing 2013 Documentary, which “tells the story of Pug, a thirteen-year-old child who wants to be a ‘12 O’Clock Boy,’ just like [he] has repeatedly watched in [the 2001 and 2003 Documentaries].” Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore. Nathan, F.Supp.3d

Fair Use 52

Fair Use Trademark Copyright Editing 52

IP Whiteboard

JULY 19, 2021

UMP held the exclusive license to the Song in Australia on behalf of Songs of Universal, Inc. This case is a helpful exposition of the general principles and policy of copyright law. 11] Corby v Allen & Unwin Pty Ltd (2013) 297 ALR 761; [2013] FCA 370. [12] together, Universal ). Key Takeaways.

Copyright Infringement 40

Copyright Infringement Copyright Music Publishing 40

Kluwer Copyright Blog

DECEMBER 12, 2022

Unless these rights are contractually assigned or licensed, it is for the authors, and the institutions that employ them, to determine the conditions under which their works are to be published, reproduced, and otherwise used (including by way of OA) – not for the publishers.

Copyright 126

Copyright Publishing Journalism Art 126

Technology & Marketing Law Blog

AUGUST 30, 2021

But much like George Washington’s army, even though Flo & Eddie lost many individual battles, they ultimately won the war, as their quixotic litigation campaign prompted Congress to grant protection to pre-1972 sound recordings equivalent to that provided to newer sound recordings under federal copyright law.

Blogging 83

Blogging Copyright Settlement Music 83

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. What Happened. The first one to go was the de minimis defense, which the court rejected before trial.

Fair Use 78

Fair Use Designs Design Licensing 78

Kluwer Copyright Blog

APRIL 20, 2022

Accordingly, the proposed right is intended to incorporate the entire catalogue of copyright exceptions, the Swedish freie Benutzung provision in section 4, uses of unprotected content (for example which are in the public domain) and licensed uses (Ds 2021:30, pp. 79, the BBS case ).

Copyright 56

Copyright Intellectual Property Law Public Domain Copyright Law 56

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

IP 143

IP Intellectual Property Copyright Trademark 143

Copyright Lately

OCTOBER 25, 2021

.” In 2004, video game publisher Capcom contacted MKR, the film’s producer, to inquire about about obtaining a license to use elements from the film in one of its games. In 1999, Cinema Secrets licensed the right to sell a Michael Myers Halloween mask from the film’s copyright owner. The lawsuit, Brittle v.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

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

43(B)log

FEBRUARY 4, 2023

A relatively new willingness to litigate, but lack of awareness/understanding of copyright law in Carribean is a barrier. Developing a jurisprudence: you need to implement an overall copyright policy—what is the purpose of ©? Rosenblatt: consider implied license and laches. Contract instead of ©? Micropayments?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

Kluwer Copyright Blog

MARCH 29, 2022

A pertinent example of a limitation in EU copyright law is the concept of ‘public’ within the right of communication to the public. Their aim was to strengthen their bargaining position in licensing negotiations for the online use of journalistic content. They are integral parts of the right.

Publishing 52

Publishing Related Rights Intellectual Property Law Public Domain 52

LexBlog IP

JANUARY 5, 2022

In this case, the Supreme Court of Texas held that a government entity may reproduce, display, and utilize a copyrighted work for its own benefit without paying any compensation to the copyright owner. Likewise, the government is not using the copyright registration, but the copyrighted text. District , 133 S.Ct.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

JIPL Online

FEBRUARY 25, 2021

Most notably, it means that the artist doesn’t have the authority to license the use of that sound recording as a sample in another work as this right has been transferred to the record label. [13] 26] Generally, copyright law doesn’t preempt the right of publicity since one’s identity or persona is outside the scope of copyright law. [27]

Music 98

Music Ownership Copyright Law Contracts 98

SpicyIP

JANUARY 27, 2024

Without further ado, here’s what I found in Decembers: Rahul Cherian’s Legacy regarding Copyright Disability Exceptions: The name Rahul Cherian remains etched in the annals of Indian IP law, celebrated for his unwavering commitment to promoting access to copyrighted works. Basheer’s IP vs Competition Law: Who Trumps Whom ?

IP 64

IP Licensing Copyright Blogging 64