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. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

Contracts 98

Contracts Copyright Law Cease and Desist 98

The IPKat

DECEMBER 17, 2021

It had to be decided how the marks would be perceived by the average consumer, in the relevant market, who is reasonably well-informed and observant, taking account of the type of goods and how they are marketed. The degree of similarity of the goods should be considered in relation to the degree of similarity of the marks.

Trademark 96

Trademark IP Registering Trademarks Branding 96

IIPRD

FEBRUARY 27, 2021

The sale resulted in Braun acquiring Swift’s catalog of master recordings for six albums, which reportedly accounts for 30% of the company’s market share. All copies are made from this recording. She uses social media to create her band, to market her music, and even to fight against online music streaming. A Conglomerate.

Music 40

Music Branding Brands Branding 40

Intepat

MAY 16, 2023

Further, the Copyright Act, 1957 governs copyright law in India and provides protection for literary, artistic, musical, and other creative works. Ramkumar Jewellers (2012), the defendant copied the plaintiff’s advertisement picture containing a popular artistic pose of Amitabh Bachchan and Jaya Bachchan.

Branding 98

Branding Brands Branding Personality Rights 98

LexBlog IP

JUNE 7, 2023

“Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.” This is not the “potential” market of fourth fair use factor jurisprudence. ” (S. .”

Fair Use 52

Fair Use Licensing Music Art 52

IP Intelligence

JUNE 6, 2023

Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.” This is not the “potential” market of fourth fair use factor jurisprudence. 2015); Authors Guild, Inc. concurring).

Fair Use 40

Fair Use Licensing Music Art 40

Patently-O

DECEMBER 11, 2023

We, who have been writing and teaching about copyright law and how it has responded to challenges posed by new technologies for decades, were among those who submitted comments, see [link]. In addition, conduct that may be consistent with the copyright laws nevertheless may violate Section 5.

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95

TorrentFreak

FEBRUARY 15, 2024

Given the ongoing shift in the TV market away from terrestrial and satellite delivery in favor of IP-based services, cloud recording services are no longer the big deal they once were. TVkaista said that since its service was similar to a VCR or a DVR, that would be legal under Finnish law since private copying is permitted for personal use.

Copyright Infringement 92

Copyright Infringement Copyright Fair Use Licensing 92

Kluwer Copyright Blog

OCTOBER 9, 2022

According to Article 16 EU DSM Directive 2019/790 (“DSM Directive”), a “publisher” may have a claim to a share of the author’s statutory remuneration claims – such as fair compensation for private copies – if the author has granted the “publisher” a right in his work. But who is this “publisher”?

Publishing 97

Publishing Music Copyright Law Marketing 97

Velocity of Content

AUGUST 10, 2022

In a much-anticipated report , the UK Intellectual Property Office recommends a major rewriting of UK copyright law, delivering the future of copyright to those using AI and damaging the present and future financial interests of publishers, authors, journalists, and musicians among others.

Law 116

Law Licensing Publishing Intellectual Property 116

Technology & Marketing Law Blog

MAY 15, 2024

He served one prison term from 1989 to 2008, and another from 2012 to 2015. One Music Specialist work (“Jam the Box”) was interpolated into Flo Rida’s hit song “In the Ayer,” which sold millions of copies and reached No. This Court could clarify that and do good in providing uniform administration of copyright law.

Music 68

Music Blogging Copyright Ownership 68

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

LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 ” Jarrod Welsh, Copyrighting God: New Copyright Guidelines Do Not Protect Divine Beings, 17 Rutgers Journal Of Law & Religion 121 (2015).

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 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. 2d 588 (1985) (“Section 106 of the Copyright Act confers a bundle of exclusive rights to the owner of the copyright.”);

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

The IPKat

MAY 25, 2022

As IP aficionados, many readers of this blog will have strong views about the proper scope of copyright law. Can and should those beliefs be protected under the Equality Act 2010, protecting copyright believers against discrimination in employment law and in the exercise by public authorities in their functions?

Copyright 94

Copyright Moral Rights Intellectual Property Intellectual Property Law 94

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Under the 1976 Copyright Act, copyright subsists automatically in any “original work of authorship” that is “fixed in any tangible medium of expression.” [ 17 U.S.C. 101 ] Issue 1: Are the recorded interviews a copyright-eligible “work of authorship”? Here a different case law precedent comes into play. Merkin , 791 F.3d

Copyright 119

Copyright Blogging Publishing Fair Use 119

LexBlog IP

APRIL 20, 2022

Oracle , that ‘fair use’ is an ‘equitable rule of reason’ requiring ‘judicial balancing’ of ‘the sometimes conflicting aims of copyright law’ so that copyright does not ‘stifle the very creativity which the law las was meant to foster.’ ’ (Op.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52