TorrentFreak

JANUARY 2, 2024

copyright law, Internet providers must terminate the accounts of repeat copyright infringers “in appropriate circumstances.” The company first launched a proactive lawsuit against music rights group BMG in 2016, which ended in a settlement. The movie distributor also requests a broad injunction.

Copyright Infringement 84

Copyright Infringement Copyright Litigation Settlement 84

TorrentFreak

APRIL 5, 2024

Swedes and the New Piracy Boogeyman Starting around 2016, give or take depending on region, pirate IPTV services exploded globally. Pressure Increases on Players in the Illicit Market In common with its counterparts in Europe, Sweden had already been paying more attention to those involved in the supply and sale of pirate IPTV subscriptions.

Reporting 99

Reporting Marketing Marketing Copying 99

LexBlog IP

MAY 19, 2023

” Although Warhol created the Prince Series nearly forty years ago and three years prior to Warhol’s death, it was not until 2016 when Condé Nast featured the “Orange Prince,” one of Warhol’s silkscreen prints, as part of its tribute to Prince’s passing that Goldsmith learned of the additional reproductions.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

LexBlog IP

MAY 19, 2023

In doing so the Court focused not solely on the “transformative use” aspect of the first factor of a four-part fair use analysis, but on the entire first factor regarding the “purpose and character” of the allegedly infringing use. The Second Circuit reversed, holding instead that all four factors favored Goldsmith.

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. But there was no evidence that the only actionable statement—Latinfood’s use of Imdustria’s logo on its website in 2016—was likely to cause injury. “[N]o

False Advertising 59

False Advertising Advertising Advertising Registration 59

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. July 17, 2023).

Blogging 96

Blogging Copying Social Media Copyright 96

Technology & Marketing Law Blog

DECEMBER 27, 2023

Another troubling ruling for an Internet access provider trying to shake a contributory copyright claim based on user-caused copyright infringement. 11, 2023): Time and again we have declared that “prevailing defendants in copyright cases are presumptively entitled (and strongly so) to recover attorney fees.”

IP 73

IP Advertising Advertising Copyright 73

IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. 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.”

Fair Use 105

Fair Use Licensing Music Art 105

LexBlog IP

MAY 31, 2023

When Prince died in April 2016, Vanity Fair’s parent company, Condé Nast, licensed another image from the Prince Series (“Orange Prince”) from AWF, which it used as the cover of a Prince tribute edition magazine. She contacted AWF alleging infringement of her copyright in her photograph.

Fair Use 52

Fair Use Licensing Copyright Editing 52

Kashishipr

JUNE 9, 2021

If the music that is streamed is not licensed out, then does it amount to Copyright Infringement ? Although customers may have easy and legal access to music than before, how true is it in India? The same was the focal point of contention between both parties during the succeeding hearings.

Music 98

Music Licensing Television Copyright Infringement 98

Kluwer Copyright Blog

NOVEMBER 22, 2021

This personal intellectual creation is lacking if the photographs in question are “mere reproductions of other photographs” in which an original has been merely reproduced (copied) as closely as possible. If a copy of a computer program is published in the territory of the EU/EEA with the consent of the rightholder, Section 69 No.

Related Rights 52

Related Rights Law Copyright Copying 52

LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. Goldsmith counterclaimed for copyright infringement.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

LexBlog IP

JUNE 10, 2022

The suit was originally levied by photographer Lynn Goldsmith after a 2016 Vanity Fair issue brought to light a series of images that Warhol produced of Prince based on a photograph taken by Goldsmith. The photographer, who had only been aware of one of the 16 images in the series, argued that Warhol had committed copyright infringement.

Fair Use 52

Fair Use Intellectual Property Copyright Copyright Infringement 52

Copyright Lately

MAY 1, 2023

The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model. It isn’t human-readable and does not contain copies of any audio recordings. But once created, the voice model is just a set of parameters.

Music 87

Music Copyright Copying Copyright Law 87

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

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Evidence of the scope of the market (magazines about the life of Prince, as opposed to a magazine article about the work of Andy Warhol). ” (S. ” Id. ” Id.

Fair Use 52

Fair Use Licensing Music Art 52

LexBlog IP

FEBRUARY 28, 2022

Following Prince’s sudden and untimely death in 2016, the Warhol Foundation, successor to the copyright in the Prince Series, licensed to Condé Nast one of the Prince Series images for use in a commemorative magazine titled The Genius of Prince , which featured on its cover the image from the Prince Series.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. 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.”

Fair Use 40

Fair Use Licensing Music Art 40

LexBlog IP

OCTOBER 25, 2023

Larson also sought a declaration that she owns the copyright to The Kindest and that the letter in the short story does not infringe Dorland’s copyright. Dorland counterclaimed for copyright infringement, claiming that Larson’s use of Dorland’s letter was a violation of intellectual property law.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

Technology & Marketing Law Blog

JUNE 20, 2023

For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work. 103(a) (“protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.”). Copyright Office.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

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

The IPKat

JUNE 23, 2022

In most trade mark cases waiting a little longer to see the Defendant off the market would not, in my view, cause the Claimant a huge additional loss. Predictably, these third parties made available watch faces copied from watches made by others including the Swatch group of companies (which owns brands like Tisso, Omega and Breguet).

Branding 73

Branding Brands Branding Litigation 73

Kluwer Copyright Blog

NOVEMBER 24, 2021

In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view). Claims under copyright law.

Contracts 98

Contracts Copyright Law Cease and Desist 98

The IPKat

FEBRUARY 23, 2023

Ltd [2022] EWHC 1895 (Ch) (July 2022) In our last volume , we reported on Samsung being held directly liable as a platform for copied watch faces for Samsung smartwatches. But that is the basis of Lidl’s trade mark infringement, passing off and copyright infringement claim against Tesco. But I am not sure that is fair.

Registration 76

Registration Advertising Advertising Law 76

LexBlog IP

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

IP and Legal Filings

FEBRUARY 17, 2022

Although it is obvious that someone has copied a fictional character if they use identical or substantially similar language to describe them, what happens more frequently is a copying of more abstract character traits and elements that only conjure up a mental image of that character for the reader. .” In DC Comics Inc.

Fair Use 65

Fair Use Copyright Television Copying 65

Kluwer Copyright Blog

NOVEMBER 4, 2021

This limitation was not a part of the original proposal tabled in 2016, making its way to the final text of the Directive through European Commission and Parliament compromises. The question of whether platforms make user-uploaded content available has been occupying both copyright scholars and the Court of Justice for years.

Social Media 142

Social Media Publishing Art Copying 142

IP and Legal Filings

SEPTEMBER 8, 2021

According to a report by Markets and Markets, the cryptocurrency market is expected to grow from USD 1.6 In a broad sense, blockchain technology can be defined as an open ledger of information that is used to keep a digital record of the transactions that occur in the crypto market. billion in 2021 to USD 2.2

Intellectual Property 66

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 66

LexBlog IP

JULY 5, 2022

The term of a copyright for a particular work may depends on certain factors such as whether it has been published, and, if so, the date of first publication. [2] 2] The general rule for works created after January 1, 1978, provides that copyright protection lasts for the life of the author plus an additional 70 years. [3] ” [8].

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

43(B)log

DECEMBER 20, 2022

The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. So too with unjust enrichment, which was based on defendants’ copying.

Fair Use 52

Fair Use Trademark Copyright Editing 52

Above the Fold

JULY 5, 2022

The term of a copyright for a particular work may depends on certain factors such as whether it has been published, and, if so, the date of first publication. [2] 2] The general rule for works created after January 1, 1978, provides that copyright protection lasts for the life of the author plus an additional 70 years. [3] GFI , 193 F.3d

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

SpicyIP

DECEMBER 30, 2023

Delhi High Court] On August 9, the Delhi High Court devised a judicial mechanism to combat novel ways of copyright infringement and issued the first-ever Dynamic+ injunction in favour of Universal City Studios LLC., The judgement was passed collectively in an appeal against 4 orders (two impugning the 2016 Ericsson v.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

JULY 21, 2021

” That is because religion is big business, as the Washington Post noted in detailing a 2016 empirical study on the socio-economic contribution of religion to American society. provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. copyright law. society at $4.8

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

TorrentFreak

MAY 23, 2023

If the best ideas are always the simplest, in 2016 software developer Elias Saba hit the jackpot. Released on the Amazon Appstore in November 2016, Saba’s ‘Downloader’ app offered users just two things; an empty URL field and a download button. . Firon & Co.,

Copyright 145

Copyright Copyright Infringement Copying Marketing 145

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit involves sound recordings of 19 interviews that then-President Trump voluntarily gave to Woodward between December 2019 and August 2020, plus one interview from 2016 (when Trump was still a candidate). 101 ] Issue 1: Are the recorded interviews a copyright-eligible “work of authorship”? complaint filed Jan.

Copyright 120

Copyright Blogging Publishing Fair Use 120