The IP Law Blog

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. However, the majority rejected this argument, stating that the new expression alone did not determine the purpose or character of the copying use.

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Fair Use Derivative Work Artwork Copyright Law 98

TorrentFreak

AUGUST 12, 2023

. “While the commercially viable recordings will have been restored or remastered onto LP’s or CD, there is still research value in the artifacts and usage evidence in the often rare 78rpm discs and recordings,” IA wrote following the launch of the project in 2017.

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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 93

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.

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Copyright Law Copyright Law Artwork 103

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. Instagram, LLC , 2023 WL 4554649 (9th Cir.

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Blogging Copying Social Media Copyright 95

IPilogue

JULY 21, 2021

The case started on March 17, 2017, when Motorola Solutions alleged that Hytera Communications, a Chinese radio manufacturer rival, leveraged its exposed trade secrets in creating Hytera’s DMR products. copyright laws by copying their source code, it also complained that Hytera infringed the federal Defend Trade Secrets Act.

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Confidentiality Intellectual Property Technology Copyright Law 106

LexBlog IP

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. However, the majority rejected this argument, stating that the new expression alone did not determine the purpose or character of the copying use.

Fair Use 52

Fair Use Derivative Work Artwork Copyright Law 52

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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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. Amazon.com, Inc.

Copyright Infringement 98

Copyright Infringement Social Media Licensing Publishing 98

Kluwer Copyright Blog

FEBRUARY 13, 2022

We soon realized that information about the changes to copyright law over time – which would be especially useful for empirical studies – was lacking. There have been many studies describing differences in copyright exceptions between countries, such as those by Seng , Crews , Hilty & Nérisson , and the WIPO Secretariat.

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Copyright Copyright Law Technology Fair Use 98

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

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Copying Copyright Law Copyright Social Media 103

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

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. DIY Tricks?

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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

Kluwer Copyright Blog

MARCH 13, 2024

The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of creators (see Geiger, 2017 ). However, it is only a first step towards making user’s rights a reality.

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Copyright Art Licensing Contracts 122

LexBlog IP

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a mask work with the Copyright Office provides certain legal benefits, including the ability to bring a lawsuit for infringement of the mask work. Copyright Office by year for the last 10 years.

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Registration Designs Design Copying 40

LexBlog IP

SEPTEMBER 27, 2021

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work. Ct 1002, 1007 (2017).

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Designs Design Copyright Artistic Work 52

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.

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Copyright Copyright Infringement Copying Litigation 97

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

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

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. Photo by Markus Spiske on Unsplash. We started this rubric in the beginning of 2021. We reported on this here.

Copyright Law 116

Copyright Law Copyright Law Reporting 116

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. Amazon.com, Inc.

Copyright Infringement 52

Copyright Infringement Licensing Publishing Social Media 52

The IPKat

DECEMBER 19, 2022

These agreements were negotiated in parallel between 2007 and 2013, and entered into force in 2016-2017. Moldova and Ukraine have been mostly copy-pasting the AA norms into their national laws (a pattern one can also observe in some EU Member States, when they implement EU Directives).

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IP Intellectual Property Law Copying 125

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).

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Intellectual Property Due Diligence Journalism IP 59

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. A copyright is a legal privilege granted to the owner of intellectual property. It is the right to copy, as the name implies.

Intellectual Property 52

Intellectual Property Intellectual Property Law Copyright Infringement Copyright 52

IPilogue

MAY 26, 2022

However, Toronto-born rapper Drake successfully used the fair use doctrine in a 2017 copyright infringement lawsuit regarding the use of thirty-five second recording of a spoken-word piece on his song “Pound Cake.” The fair use defence is rarely used in music sampling cases.

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Fair Use Copyright Infringement Copyright Music 111

TorrentFreak

FEBRUARY 28, 2022

Furthermore, it’s alleged that DataCamp was sent copies of lawsuits and judgments relating to pirate IPTV services but the company’s responses were completely lacking. US Company Sues UK Company Overseas. DMCA and DataCamp’s Infringement Policies. No Safe Harbor.

Copyright Infringement 133

Copyright Infringement Copyright Marketing Marketing 133

The IPKat

DECEMBER 4, 2023

Incidentally, both proceedings stemmed from a long-running dispute between Piaggio and a Chinese company accused by the former of parasitically copying the Vespa design.

Designs 134

Designs Design Copyright Registration 134

Intepat

APRIL 19, 2023

SCOPE OF PROTECTION UNDER COPYRIGHT LAW The Copyright Act, of 1957 defines “ literary work ” under section 2(o), to include computer programs, tables and compilations including computer databases. Copyright can protect certain kinds of CRIs, mainly computer software inventions.

Invention 52

Invention Intellectual Property Patent Copyright 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.

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Copyright Law Copyright Music Law 67

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.

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Related Rights Law Copyright Copying 52

Kluwer Copyright Blog

FEBRUARY 28, 2024

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 in the present context, the initial concern of copyright holders was that their consent had not been acquired by Google prior to scanning their works.

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Fair Use Copyright Moral Rights Copyright Law 137

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

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. Australian Federal Court found that the HTML codes were not at risk to copyright assurance as they were not made by the human makers [6].

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Ownership Moral Rights Public Domain Intellectual Property 59

Technology & Marketing Law Blog

APRIL 1, 2023

Additionally, App Star argues that the applications are denied copyright protection and that “Bar-Z knew or should have known that the design elements cited in the DMCA Notification” are not subject to protection under copyright law. Benjamin * How Have Section 512(f) Cases Fared Since 2017? Alper Automotive v.

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Fair Use Cease and Desist Contracts Ownership 102

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. Nike that the various elements that make up a photo (pose, lighting, camera angle, etc.)

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Fair Use Social Media Copyright Copyright Infringement 104

IP and Legal Filings

AUGUST 14, 2023

Person A makes a copy of the movie on his phone and shares it with his friends. Going back to the same example again, the first point of infringement would be where A illegally copied the film. Which law to choose then? Consider a set up where ‘Ship Sterling Star’ is a movie that is available on an OTT platform called ‘Surnet’.

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Copyright Infringement Law Copyright Intellectual Property 52