IP and Legal Filings

AUGUST 14, 2023

SHOULD LEX LOCI PROTECTIONIS BE APPLIED BLANKETLY TO COPYRIGHT INFRINGEMENT? It has been established that lex loci protectionis is the rule that is applied to all the IPR infringement cases, barring a few exceptions. Today, most of the copyright infringement happen through the Internet. Which law to choose then?

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

IP and Legal Filings

DECEMBER 17, 2023

Historical lookback The amendment to the existing copyright law act of 1957 was carried out owing to the sensitization of issue of copyright management and revenue sharing structure that is fair and reasonable to all owners and writers of filmed and recorded works. [i] 297 (2017). Magic Mantra Vision. [ii] INT’l L.

Copyright Law 69

Copyright Law Copyright Music Law 69

Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. Over the course of a decade, Google copied large volumes of books and made them available online, both through excerpts, known as “snippets”, and as entire publications. As such, it was permissible under United States copyright law. copyright law.

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Fair Use Copyright Moral Rights Copyright Law 137

TorrentFreak

AUGUST 12, 2023

As the Internet Archive continues to deal with an adverse ruling in a copyright infringement lawsuit filed by the world’s largest publishing companies, late Friday some of the world’s largest record labels launched similar legal action in the United States. named as defendants. .

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Copyright Cease and Desist Music Copying 98

TorrentFreak

MAY 1, 2024

Copyright law crafted decades ago to prevent infringement in an analog world has in many cases held up remarkably well in the digital age. Copying or reproduction remains relevant, as does the concept of distribution. In the United States, the existence of a loophole in copyright law had been an open secret for some time.

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Law Copyright Infringement Copyright Copyright Law 94

TorrentFreak

JANUARY 10, 2023

An interesting feature of copyright law is its tendency to lag behind the times while new technology races ahead and exploits its numerous ‘loopholes’ One of the most famous loopholes was ‘exposed’ when streaming overtook BitTorrent to become the delivery method of choice for millions of video-oriented pirates.

Copyright Law 120

Copyright Law Settlement Copying Copyright 120

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. LAW AND ECONOMICS. Costs Versus Benefits of Copyright Protection. 29, 2013), [link]. [ii] 277 (2020). [iv]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IP Whiteboard

JULY 19, 2021

The Federal Court of Australia has awarded additional damages in the highest order against Clive Palmer ( Palmer ) for his copyright infringement of the 1985 Twisted Sister’s rock song “ We’re Not Gonna Take It ” (the Song ). After being alerted to the UAP campaign, Universal commenced copyright infringement proceedings against Palmer.

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Copyright Infringement Copyright Music Publishing 40

The IP Law Blog

AUGUST 4, 2022

Embedding” means the process of copying unique HTML code assigned to the location of a digital copy of the photo or video published to the Internet, and the insertion of that code into a target webpage or social media post so that photo or video is linked for display within the target post. Alexis Hunley et al v. In September, U.S.

Copyright Infringement 98

Copyright Infringement Social Media Licensing Publishing 98

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.

Copyright Infringement 91

Copyright Infringement Copyright Fair Use Licensing 91

TorrentFreak

OCTOBER 1, 2023

In our brave new world where millions of ordinary people are copyright holders of snaps they publish to social media or videos they upload to YouTube, awareness of copyright law is at an all-time high. ” and “Is it copyright if nobody knows I copied a song and changed it so it sounds nothing like the original?

Fair Use 94

Fair Use Copyright Copying Copyright Infringement 94

Technology & Marketing Law Blog

JUNE 11, 2022

Apparently the “de minimis” defense to copyright infringement doesn’t exist at all in the 9th Circuit. The court adds: “Apple was not willfully infringing merely because it did not exhaustively background check the hundreds of thousands of uploaders on its store.”]. in February 2017.

Copyright 112

Copyright Copying Copyright Infringement Copyright Law 112

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

The IP Law Blog

OCTOBER 14, 2021

Wilmott Storage Services, LLC , decided September 9, 2021, the Ninth Circuit clarified the role that the de minimis concept plays in copyright infringement cases. In essence, the Ninth Circuit explained that de minimis goes to the amount of copying of a copyrighted work as opposed to any de minimis use or display of any such a work.

Copyright 97

Copyright Copyright Infringement Copying Litigation 97

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.

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Derivative Work Editing Copyright Music 137

IPilogue

AUGUST 23, 2021

Perhaps one of the most important copyright decisions since the 2012 ‘ pentalogy ’ cases, York University reflects the Supreme Court’s intention to develop Canadian copyright law in a way that maintains a balance between users’ and creators’ rights. Access Copyright subsequently sued for copyright infringement.

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Copyright Copying Copyright Infringement Licensing 106

LexBlog IP

AUGUST 4, 2022

“Embedding” means the process of copying unique HTML code assigned to the location of a digital copy of the photo or video published to the Internet, and the insertion of that code into a target webpage or social media post so that photo or video is linked for display within the target post. In September, U.S.

Copyright Infringement 52

Copyright Infringement Licensing Publishing Social Media 52

IPilogue

OCTOBER 28, 2021

Copyright Creeping into Costumes. In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made.

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Intellectual Property Designs Design Copyright 116

Kluwer Copyright Blog

OCTOBER 3, 2023

In the plaintiffs’ reasoning, the development of the AI by Google began in 2017, when it introduced the “Transformer” neural network, a revolutionary framework underpinning the LLM. 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir. 3d 723, 743 (9th Cir. Church of God, Inc.,

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Fair Use Privacy Copyright Technology 136

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

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. This approach, initially applied to cultural politics by Dentith, can be similarly adopted within copyright law.

Copyright Law 86

Copyright Law Art Copyright Law 86

IP and Legal Filings

OCTOBER 7, 2022

in 2017 to 13% in 2018. Additionally, the Covid-19 epidemic has sped up the process of digitization and renewed debate over online copyright. This article covers copyright infringement and related rules for OTT platforms. A copyright is a legal privilege granted to the owner of intellectual property. Introduction.

Intellectual Property 52

Intellectual Property Intellectual Property Law Copyright Infringement Copyright 52

TorrentFreak

FEBRUARY 28, 2022

As a result, the company was accused of contributory and vicarious copyright infringement alongside calls for an injunction. A new lawsuit filed against DataCamp in the United States makes similar copyright infringement allegations. DMCA and DataCamp’s Infringement Policies. No Safe Harbor. Code § 501.

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Copyright Infringement Copyright Marketing Marketing 132

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. .”

Copyright 100

Copyright Copying Copyright Infringement Licensing 100

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

MARCH 10, 2022

The IPKat's favourite Le Pliage When you have a handbag design bestseller with over 54 million copies sold around the world since its creation in 1993, the question concerning the IP rights vesting in it is not just an academic one. All this was at the centre of a recent decision of the Milan Court of First Instance ( decision 10280/2021 ).

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IP Designs Design Registration 87

IPilogue

DECEMBER 13, 2022

Fast forward to 2017, when Vanity Fair published a special issue to pay homage to the recently deceased musician that featured ‘Orange Prince’ – Andy Warhol’s pop art depiction of Goldsmith’s photograph.

Art 79

Art Fair Use Intellectual Property Licensing 79

Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. But Lewis thought the song was a rip-off of “I Want a New Drug” and asserted a copyright infringement claim against Columbia Pictures. to write the’s film’s signature song.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. Challenges in IPR Regulation in e-commerce As per a survey, around 38% online buyers experienced counterfeit products and 1/3 rd people have gotten copied products. AHUJA, LAW RELATING TO IPR (LexisNexis Publication 2017).

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

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

Copyright Lately

JUNE 2, 2022

When lighting technician Blake Farmer got a tattoo of Miles Davis from celebrity tattoo artist Kat Von D in 2017, he never could have imagined that the image on his right arm would one day become Exhibit A in a copyright infringement lawsuit. a jury) could find infringement.

Fair Use 103

Fair Use Social Media Copyright Copyright Infringement 103

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

IIPRD

FEBRUARY 8, 2024

Although cloud offerings are often global and multi-jurisdictional, the IP laws governing services generally remain territorial and national. Copyright laws, for instance, vary from jurisdiction to jurisdiction. What constitutes copyright infringement in one country may not be in another. Thus, in Tiffany(NJ) Inc.

Intellectual Property 52

Intellectual Property IP Government Technology 52

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 96

Fair Use Derivative Work Blogging Licensing 96

Kluwer Copyright Blog

JANUARY 20, 2022

It was taken down after one hour, as it was subject to a copyright notice by a news channel relying on the US DMCA. This news channel had used the (open source) NASA video for its own news video and ended up raising unjustified claims against other copies on YouTube, including NASA’s original video. 17 (4) DSMD). Factfulness, p.

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Reporting Copyright Art Copyright Infringement 98

IP and Legal Filings

APRIL 20, 2023

Introduction Any literally or artistic work that is original and creative i.e.; not copied from anywhere by the owner is protected under Copyright Act, 1957. Making AI as a separate legal entity may prompt to copyright infringement to those who provide the said data or information in public domain.

Ownership 60

Ownership Moral Rights Public Domain Intellectual Property 60

SpicyIP

OCTOBER 27, 2023

Misuse of copyrighted content: It also includes misuse of copyrighted material, such as using images or content without permission to mislead users. This violates copyright laws and may lead to legal actions for copyright infringement.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52