IPilogue

SEPTEMBER 29, 2021

Goldsmith said she was not aware of Warhol’s work until Tribute magazine featured the image, without crediting her, when Prince passed away in 2016. In fact, nearly all creations by Andy Warhol are derivatives of existing images—celebrity photos, advertisements, magazine illustrations, etc.—to

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

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

OCTOBER 16, 2023

These alarmed comments are illustrated by the creation in 2016 of the painting "The next Rembrandt" by a computer and a 3D printer centuries after the death of the painter of the same name [more information here ]. In conclusion, the bill may have some difficulties achieving the goal of governing the development of AI under copyright law.

Copyright 82

Copyright Law Intellectual Property Ownership 82

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

Copyright Lately

MAY 1, 2023

First of all, in terms of copyright, to reiterate our very clearly articulated position. sophisticated generative AI that’s enabled by large language models, which trains on our intellectual property, violates copyright law in several ways. copyright law really doesn’t seem to give UMG a ton of options.

Music 85

Music Copyright Copying Copyright Law 85

TorrentFreak

MAY 17, 2022

Whether it always performs as advertised is up for debate but there are videos showing it in action on Amazon and other platforms quickly downloading files, rather than attempting to record the screen. Anyone who breaches their legal agreement with a platform is, at a minimum, in breach of relevant contract law. Copyright Law and DRM.

Copying 115

Copying Social Media Licensing Technology 115

SpicyIP

MARCH 13, 2023

ChatGPT and the Underlying Copyright Malady Can the output(s) generated by ChatGPT be protected under copyright law? Who is the owner of the underlying copyright (if any) the coder? SpicyIP intern Sukarm Sharma discusses this ongoing dispute, in light of the CRI 2016 guidelines and the Ferid Allani order.

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Keep Calm and Fandom On: Copyright in Cosplay, Fanfiction and Fanart by Sabrina Macklai & Emily Chow. of the Patent Act on June 24, 2016. Copyright Law. v Sandoz Canada Inc.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

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

NOVEMBER 29, 2021

Background In 2016, Verstappen featured in a TV commercial for Dutch supermarket chain Jumbo. The recently issued conclusion (of 8 October 2021) by the Attorney General to the Dutch Supreme Court is worth discussing, as it gives an insightful analysis of a difficult topic: what are the limits to parody?

Law 70

Law Copyright Law Advertising Advertising 70

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

Kluwer Copyright Blog

JUNE 21, 2021

Use of advertising content aimed at the respective public in that EU Member State. For example, it could be difficult for a French OCSSP not to also target Belgium, as Belgium also officially speaks French; advertisements to the French public will usually also be useful for the French speaking part of Belgium. CJEU Donner (C-5/11).

Art 85

Art Law Related Rights Marketing 85

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 84

Blogging Copyright Settlement Ownership 84

TorrentFreak

MAY 31, 2022

While these letters are unpleasant to receive, under copyright law they are entirely legal and if the person named in the letter did indeed infringe the movie company’s rights, settling a case might be the sensible course of action. Private criminal prosecution court summons will be made in a Magistrate Court.”

Settlement 130

Settlement Intellectual Property Government Copyright 130

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. ” How Stagnant Copyright Law is Stifling Creativity , 27 J. Miceli, Law and Economics: Private and Public 23 (West Academic Publishing 2018). 139 (2016). [ix] The Ultimate Meme FAQ) , Quality Logo Products (Mar.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IP and Legal Filings

AUGUST 14, 2023

Online marketplaces, such as online auction houses, or websites that advertise their unlawful nature are used to trade or profit from tangible counterfeit or pirated items in every category. A would not be economically capable of paying the fine or compensation for infringement.

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

The BGH ruled that the exclusive right of distribution of the author also included the right to offer the original or copies of the work to the public to purchase and to advertise to the public, in a targeted manner, the purchase of either the original or copies of the work.

Law 52

Law Copyright Television Copyright Infringement 52

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. Now the Warhol Foundation has petitioned the United States Supreme Court for review of the Second Circuit’s amended decision. [6]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

IP Whiteboard

JULY 19, 2021

Palmer – seemingly inspired by the use of the Song in Donald Trump’s 2016 presidential campaign and Arnold Schwarzenegger’s 2003 gubernatorial campaign – sought to use a cover version of the Song for the United Australia Party’s ( UAP’s ) campaign. This case is a helpful exposition of the general principles and policy of copyright law.

Copyright Infringement 40

Copyright Infringement Copyright Music Publishing 40

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

LexBlog IP

JULY 21, 2021

Before jumping into comparative law issues, one should note that these questions are ones of concern beyond lawyers, and have much greater practical importance than “ How many angels can dance on the head of a pin ?” copyright law. include[es] the contribution of businesses with religious roots. society at $4.8

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The judgement was passed collectively in an appeal against 4 orders (two impugning the 2016 Ericsson v. CCI order ) and a writ petition filed by Ericsson.

IP 124

IP Copyright Trademark Intellectual Property 124

Copyright Lately

OCTOBER 25, 2021

Conjuring up a Copyright Case. In 2016, author Gerald Brittle alleged that the Warner Bros. movie “The Conjuring” and its sequels infringed the copyright in his book “The Demonologist” as well as his claimed exclusive rights in the case files of paranormal investigators Ed and Lorraine Warren. McDonald’s Corp.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

43(B)log

DECEMBER 20, 2022

Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. Thus, this claim “does not seek to vindicate any substantial state interests distinct from those furthered by the copyright law” and was preempted by the Copyright Act.

Fair Use 52

Fair Use Trademark Copyright Editing 52

Technology & Marketing Law Blog

JULY 17, 2023

Now that the Court has now applied it to both the federal patent and trademark statutes, perhaps copyright law is not far behind. 2016), the plaintiff had no trademark rights in Canada where all of the allegedly infringing and/or diluting activity took place. step RJR Nabisco test of extraterritoriality is trans-substantive.

Trademark 70

Trademark Blogging Litigation Law 70