Patently-O

MAY 9, 2024

2024) , resolving a circuit split over the availability of back-damages in copyright infringement cases. Nealy was incarcerated from 1989 to 2008 and again from 2012 to 2015 , and consequently was unaware that Butler had licensed their music without proper authorization. Nealy , No. 22-1078, 601 U.S. Despite 17 U.S.C. §

Copyright 88

Copyright Music Due Diligence Copyright Infringement 88

The IPKat

MARCH 16, 2024

In May 2015, Stamp realised that La Foir'fouille was marketing a stool model resembling the Stamp stool. Stamp sued La Foir'fouille and FF Digitale for copyright infringement before the Tribunal de Grande Instance of Lyon. The Court of Appeal first examined whether the stool was protectable under copyright law.

Copyright 70

Copyright Art Copyright Infringement Intellectual Property 70

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.

Fair Use 103

Fair Use Copyright Law Copyright Law 103

TorrentFreak

AUGUST 6, 2021

People who post copyrighted videos to sites like YouTube need to ensure they have the necessary rights to do so. According to the latter, IWUF is the “ultimate copyright holder” of all material related to IWUF competitions and demonstrations, which includes footage of competitions.

Copyright Law 145

Copyright Law Government Copyright Law 145

Kluwer Copyright Blog

JANUARY 15, 2024

Photo by Joey Csunyo on Unsplash In recent years, copyright departments in governments around the world have been preoccupied with AI’s effects on copyright industries and, more recently, copyright law challenges created for AI industries. Which copyright issues has the Australian government been grappling with?

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Copyright Government Fair Use Copyright Law 67

Kluwer Copyright Blog

NOVEMBER 17, 2021

Part 1 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 is available here , and parts 3 and 4 will be published on the blog over the coming days. . A decision in 2015 concerned the definition of “public” in the act of communication.

Law 52

Law Copyright Television Copyright Infringement 52

JIPL Online

APRIL 9, 2021

Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] ii] Existing copyright law is ineffective in its application to new forms of digital media. i] Memes are also a form of communication that distinguishes generations.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Plagiarism Today

MARCH 8, 2022

If you follow copyright news, you likely have been seeing countless stories of popular musicians being sued for alleged copyright infringement in their work. . That says nothing about the myriad of cases over the past few months or years that have been grabbing headlines, both inside and outside copyright circles.

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Music Copyright Infringement Copyright Copyright Law 219

Plagiarism Today

JANUARY 25, 2022

Since those pages qualify for copyright protection, the modification was essentially creating a derivative (ad-free) work and was an infringement. Nonetheless, it is one of the first major court ruling that looks at the copyright implications of ad blocking, and it was an unabashed victory for ad blockers.

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Publishing Copyright Infringement Copyright Plagiarism 226

The IPKat

JANUARY 17, 2024

The book that is going to change copyright law? After the referrals in Mio [IPKat here and here ] and USM Haller [IPKat here ] , another referral asking about the meaning of originality in EU copyright law has been made to the Court of Justice of the European Union (CJEU): it is the referral from Romania in Institutul G.

Derivative Work 137

Derivative Work Editing Copyright Music 137

Plagiarism Today

APRIL 27, 2022

1: Top EU Court Rejects Polish Complaint Over Copyright Law. First off today, John Silk at Deutsche Welle reports that the highest court in the European Union, the European Court of Justice (ECJ), has rejected a Polish challenge to the latest EU copyright directive. Let me know via Twitter @plagiarismtoday.

Music 204

Music Art Artwork Copying 204

Patently-O

AUGUST 31, 2021

The focus of the case is copyrightability of the SAS statistical software and its outputs. SAS argues that it made a “plethora of creative choices” in developing its material, and that creativity is more than sufficient to satisfy the originality requirements of copyright law. The Federal Circuit’s Google v.

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

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

JIPEL Copyright Blog

APRIL 26, 2021

In this case, via alleged copyright infringement. Perhaps the most infamous of the above scandals was the allegation of copyright infringement by The Great Eros (“TGE”). Just a few days later, she would disable commenting on her profile altogether due to an influx of negative comments on her posts. The account and its 2.6

Social Media 52

Social Media Copying Branding Brands 52

Copyright Lately

AUGUST 22, 2021

Recent decisions suggest courts are losing patience with those who bring dubious copyright infringement claims as part of their business models. Back in May, I wrote about an overzealous copyright infringement lawsuit filed by Rachel Dolezal , the woman best known for mispresenting her racial background.

Copyright 87

Copyright Fair Use Settlement Designs 87

IP and Legal Filings

JANUARY 29, 2023

It is to be made sufficiently clear that the aforementioned creations ought to be original and independent, rather than a slightly altered version of the creation already in the public domain, to instill looking into the prospects of copyrightability. The freedom to develop one’s creations has to exist for the perpetuity of the games.

Copyright 76

Copyright Ownership Publishing Copyright Infringement 76

IPilogue

JANUARY 31, 2023

Two Russian nationals , Anton Napolsky and Valeriiaa Ermaova, were arrested and charged with several counts of criminal copyright, wire fraud, money laundering, and conspiracy for stealing and uploading millions of copyrighted material. Typically, the content consists of textual information like books or journals.

Journalism 105

Journalism Publishing Copyright Intellectual Property 105

SpicyIP

FEBRUARY 9, 2023

In what may be the first instance of stream ripping being prohibited in India, the Delhi High Court in the case of Sony Music Entertainment India Pvt Ltd and Ors vs Yt1s.Com and Ors has passed an order restricting the defendants from engaging in copyright infringement via use of rogue websites. Of these, 46.8

Music 98

Music Copyright Infringement Copyright Copyright Law 98

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

IPilogue

NOVEMBER 15, 2021

A literary controversy surrounding a copyright claim has taken over the North American online writing community, and it involves a kidney donation, a private Facebook group, and a short story.? . On June 24, 2015, Ms. Copyright Office. In order to prove copyright infringement , Ms. On June 10, 2018, Ms.

Art 105

Art Copyright Infringement Copyright Copying 105

Kluwer Copyright Blog

JULY 12, 2021

According to a recent Oberlandesgericht (Court of Appeal – CoA) Cologne ruling, providers of DNS resolvers may be held accountable to DNS block domain names used by websites which run an illegal business model dedicated to copyright infringements. Some rogue websites have based their business model around copyright infringement.

Copyright Infringement 56

Copyright Infringement Art Copyright Law Copyright 56

TorrentFreak

JANUARY 20, 2022

Under US copyright law, Internet providers must terminate the accounts of repeat infringers “in appropriate circumstances.”. The readable parts suggest that evidence related to the reliability and accuracy of notices that were sent out between 2012-2015 is no longer available. Billion Dollar Lawsuits.

Music 138

Music Copyright Infringement Copyright Copyright Law 138

LexBlog IP

DECEMBER 7, 2022

copyright law does not protect “elements of expression that nature displays for all observers,” [8] which, according to Cattelan, excludes the main components of Morford’s artwork. Morford’s work is only protected by a “thin” copyright, and there is no substantial similarity between the two works.

Copyright 52

Copyright Copying Artwork Art 52

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

IP and Legal Filings

MARCH 28, 2024

1] The Copyright Act protects certain types of works, which are included in Section 13. 13 (1) states that original literary, dramatic, musical, and artistic works as well as cinematograph films and sound recordings are protected by copyright. regarding the copyright for the film “De Dhakka.”

Cinema 79

Cinema Copyright Blogging Registration 79

IIPRD

NOVEMBER 14, 2023

Both the e-platforms and sellers have to take initiatives wherein the sellers need to register their products for trademark, copyrights and patents while the platforms have to exercise strict no-tolerance policy in case of infringements. 4Published by : Indian Law Institute Stable URL : [link] , 28 497 (1986). 379 (2022). [6]

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

IP Intelligence

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. Goldsmith , 598 S. 1258, (2023).

Fair Use 105

Fair Use Licensing Music Art 105

Technology & Marketing Law Blog

MAY 15, 2024

In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.” Nealy , No.

Music 77

Music Blogging Copyright Ownership 77

Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. 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].

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Copyright Fair Use Copyright Law Copyright Infringement 95

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

LexBlog IP

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. ” (S. Goldsmith , 598 S.

Fair Use 52

Fair Use Licensing Music Art 52

IP Intelligence

JUNE 6, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. Goldsmith , 598 S. 1258, (2023).

Fair Use 40

Fair Use Licensing Music Art 40

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 93

Copyright Infringement Copyright Fair Use Licensing 93

The IPKat

APRIL 21, 2022

From former Guest Kat Peter Ling comes an interesting report on that most rare of copyright cases, a criminal complaint based on infringement. Rapidshare was an online file hosting service that operated between 2002 and 2015. Creating a download link and providing it to the Uploader is not relevant under copyright law.

Copyright Infringement 89

Copyright Infringement Copyright Copyright Law Copying 89

Copyright Lately

MAY 21, 2021

Rachel Dolezal, the woman accused of misrepresenting her racial background, has filed a new infringement lawsuit against CBS Interactive. Is she weaponizing copyright? Dolezal claims that the CBS-owned website ETonline.com infringed the photo by reproducing it without permission in a June 2015 article about the controversy.

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

LexBlog IP

AUGUST 23, 2023

Whether one focuses on the word’s connotation of silliness or excitement, or maybe even anger , or analogizes to the raucous and rhymingly-named team from Savannah that makes up its own baseball rules , US copyright law is currently going a little “bananas.” In fact, lots is happening. ” Id. Morford , at 11.

Copyright 52

Copyright Art Copying Derivative Work 52

Plagiarism Today

AUGUST 18, 2021

Apple sued the company, alleging that it violated both their copyright and their rights under the Digital Millennium Copyright Act. 2: Federal Court Awards $29M in Statutory Damages for Copyright Infringement in Media Case. 3: 2 Chainz, Offset Dodge Copyright Suit Over ‘Proud’ Song, Lyrics.

Settlement 130

Settlement Copyright Infringement Fair Use Plagiarism 130