The IPKat

MARCH 13, 2022

Kat- quotation There is little doubt that one of the most (if not the most) significant exceptions in copyright law is the one relating to quotation, criticism or review. In 2014, the Milan Court of First Instance dismissed the action in its entirety.

Copyright Law 103

Copyright Law Copyright Law Artwork 103

43(B)log

FEBRUARY 16, 2022

Summary of argument: The constitutional goal of copyright protection is to “promote the progress of science and useful arts,” Art. 8, and the first copyright law was “an act for the encouragement of learning,” Cambridge University Press v. It is that functionality, and not the copying, to which Apple truly objects.

Derivative Work 90

Derivative Work Fair Use Copying Copyright 90

TorrentFreak

MARCH 7, 2023

” As CEO of Twitter, Musk understands that his platform has certain obligations if it wishes to maintain protection from liability under copyright law. Since most tweets relating to the initial dispute have since been deleted or disabled, here we rely on archived and cached copies for evidence.

Copyright 138

Copyright Copying Business Licensing 138

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

Copying 52

Copying Copyright Law Copyright Editing 52

TorrentFreak

APRIL 12, 2023

Founded in 2014 by two Taiwanese software engineers, movie and TV show piracy site 8maple is a prime example. ” TorrentFreak obtained a copy of the official verdict from Taiwan prosecutor Harris Chen.

Intellectual Property 121

Intellectual Property Advertising Advertising Branding 121

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 95

Blogging Copying Social Media Copyright 95

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. Financial issues would soon complicate the case, however.

Copyright Infringement 90

Copyright Infringement Copyright Fair Use Licensing 90

Michael Geist

AUGUST 5, 2021

The ruling was clear that there is a difference between fair dealing and copying for other purposes and we will continue to ensure that rightsholders are compensated when their works are used for the latter.”. The decision absolutely does not mean a free-for-all on copyright-protected materials used in the classroom.

Copyright 145

Copyright Copying Licensing Litigation 145

SpicyIP

JULY 29, 2021

Limitations on storage of copied works in digital formats. Becker has held 10% copying to be fair use in most cases, on top of the flexible ‘ Amount & substantiality ’ factor test in its fair use doctrine. Another major issue is that it only superficially touches upon issues relevant to copyright law. Bench decision).

Copyright 119

Copyright Reporting Fair Use Copyright Law 119

IIPRD

MARCH 4, 2024

It was decided by the Supreme Court in the case that the cinematographic films do have the copy right it was on of the issue in the case of Yash Raj Films vs Sri Sri Ganesh Productions. [1] 24863/2014. [3] Sri Sri Ganesh Productions, AIRONLINE 2019 DEL 1017. [2] 2] Novartis v. Cipla, I.A. 3] Starbucks Corporation v.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

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

Government Related Rights Copyright Law 141

LexBlog IP

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a mask work with the Copyright Office provides certain legal benefits, including the ability to bring a lawsuit for infringement of the mask work. Copyright Office by year for the last 10 years.

Registration 40

Registration Designs Design Copying 40

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. The Infringement. The Defences. Passing Off.

Copyright Infringement 114

Copyright Infringement Copyright Music Intellectual Property 114

The IPKat

AUGUST 24, 2021

In 2014, a total of nine regulations came into force, each of which presented a significant change to UK copyright law. For museums, there are now exceptions for digital displays of collection works on dedicated terminals and, in certain situations, for making preservation and replacement copies.

Art 98

Art Copyright Editing Publishing 98

Kluwer Copyright Blog

FEBRUARY 2, 2023

We will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.” Registration was refused in August 2019, in line with previous US case law and guidance. We were not aware that the image may have been created by AI” 2. The focus in these cases was on parody.

Copyright 145

Copyright Art Fair Use Registration 145

The IPKat

DECEMBER 19, 2022

Moldova and Ukraine have been mostly copy-pasting the AA norms into their national laws (a pattern one can also observe in some EU Member States, when they implement EU Directives). 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

Kluwer Copyright Blog

NOVEMBER 17, 2021

Germany has always had an extensive judicial practice in copyright law. Usually, judges with a specialist knowledge of copyright law issue the decisions because among German courts, decision making bodies specialised in copyright law have been created. Definition of a work (Sections 2-5 UrhG). 4, (2) UrhG.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

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. 42; see also CCH, at para.

Copyright 100

Copyright Copying Copyright Infringement Licensing 100

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. In addition to rights of the author, German copyright law also recognises related rights.

Related Rights 52

Related Rights Law Copyright Copying 52

IP and Legal Filings

DECEMBER 6, 2022

Copyright is the cumulation of two words: “copy” and “right,” alternatively one may argue that copyright refers to the legal rights of the intellectual property’s real owner. ” The composer of a musical composition is the exclusive owner of the work’s copyright.

Music 79

Music Copyright Copyright Infringement Moral Rights 79

LexBlog IP

SEPTEMBER 24, 2021

” This is exactly what happened to Jaguar Land Rover in its claim against Land Wind (Jiangling Motors) in China for copying of Jaguar Land Rover’s car design. After their patent battle from 2014 to [2019], the design patents of Jaguar Land Rover and Land Wind for their off-road vehicles were invalidated by each other.

IP 52

IP Intellectual Property Design Patent Copyright Infringement 52

TorrentFreak

JANUARY 6, 2023

Copyright Law: Infringement Standards. In April 2014, MWP and YouTube signed a Publishing Licensing Agreement (PLA) that granted YouTube a license to compositions “owned or controlled” by MWP. An order handed down by Judge James Donato on Thursday addresses each aspect in detail. intent or knowledge of wrongdoing.

Copyright 112

Copyright Music Licensing Publishing 112

Copyright Lately

DECEMBER 29, 2021

Relying on the server test , Sinclair unsuccessfully argued that it and its affiliates didn’t infringe the copyright in Nicklen’s video because they only embedded it on their websites from Instagram or Facebook, as opposed to maintaining a copy of the video on a Sinclair-controlled server.

Copyright 115

Copyright Fair Use Social Media Copying 115

The IPKat

AUGUST 6, 2023

Only two of the 43 areas deal with American copyright law (probably a correct percentage given the EU focus of IPKat), but this small number should have disqualified me from writing a book review where there are 41 out of 43 articles on topics I know nothing about, including the entire fields of trade mark and patent law.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Copyright Law 52

The IPKat

DECEMBER 17, 2021

The Plaintiffs highlighted specific instances where the Defendants falsely represented themselves as the Plaintiffs when applying for work for the Kenya Film Commission’s Technical Proposal KFC/OT/05/2013/2014 by using the Plaintiffs’ trademark ‘ACAL' without the Plaintiffs’ authority or consent.

Trademark 96

Trademark IP Registering Trademarks Branding 96

Fish & Richardson Trademark & Copyright Thoughts

AUGUST 22, 2022

PDF copy available. Practice area: Trademark and copyright. Law school and year of graduation: Emory University School of Law, 2014. Cheng: When I was looking to move firms, I had also just expanded my practice to trademark and copyright law. See below for the full Q&A. Vivian Cheng: 6.5

Litigation 52

Litigation Copyright Law Business Trademark 52

Technology & Marketing Law Blog

AUGUST 30, 2021

The ruling overturns a “seismic” district court ruling from 2014 that I wrote about in a previous blog post , one that “threaten[ed] to undo a 75-year-old consensus that state law does not provide a public performance right for sound recordings.” Flo & Eddie, Inc. Sirius XM Radio, Inc. , 17-55844 (9th Cir. One year later, on Sept.

Blogging 83

Blogging Copyright Settlement Music 83

Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Kluwer Copyright Blog

NOVEMBER 15, 2022

Rejecting the applicant’s argument that “the human authorship requirement is unconstitutional and unsupported by either statute or case law,” the Board observed that “[t]he Office is compelled to follow Supreme Court precedent, which makes human authorship an essential element of copyright protection.” 663 (2014). [5]

Copyright 60

Copyright Fair Use Copyright Infringement Ownership 60

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

Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. ” Professor Smith considers silencing to be a form of “copyright weaponization,” which, despite its somewhat loaded name, simply refers to the use of copyright law to vindicate non-copyright interests.

Copyright 79

Copyright Derivative Work Fair Use Social Media 79

IP Intelligence

JUNE 7, 2023

Second, the number of copies/downloads/users/seat licenses model simply does not work in the AI training context. Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Vanderhye v. iParadigms, LLC ,562 F.3d 3d 630 (4th Cir. 2009); Authors Guild v.

Fair Use 106

Fair Use Licensing Music Art 106

IP and Legal Filings

MARCH 14, 2022

According to Article 6 of the Agreement dated 31.10.1960, the plaintiff assigned his copyrights to the defendants, and having acquired the same, the defendants are free to deal with the mural in issue. The plaintiff acknowledges that he has assigned his copyright to the defendants. 1 and asked him to concentrate only on direction.

Moral Rights 61

Moral Rights Copyright Contracts Law 61

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. In this context, the BGH issued a decision in 2014 in relation to the games console, Nintendo DS.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

FEBRUARY 1, 2022

Bernt Hugenholtz, Kluwer Law International, 2021. It derives from a paper given at the 25 th Anniversary celebration of IViR on 4 July 2014 and at the University of Oxford IP Moot “converzatione” on 18 March 2016. The topic of the 2014 paper was provided by Bernt Hugenholtz.

Copyright 52

Copyright Art Music Intellectual Property 52

Kluwer Copyright Blog

DECEMBER 21, 2023

3 and 4 of the Copyright in the Digital Single Market Directive (CDSMD) introduced two exceptions for Text and Data Mining (TDM) in EU copyright Law. One of these common aspects is the requirement of lawful access. Photo by 5477687 via Pixabay Arts. Once again, we start from a literal reading, in this case of Arts.

Art 70

Art Law Copyright Technology 70

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