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. . Exploitation rights (Sections 15-24 UrhG). Right of distribution (Section 17 UrhG).

Law 52

Law Copyright Television Copyright Infringement 52

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. Related rights. In addition to rights of the author, German copyright law also recognises related rights.

Related Rights 52

Related Rights Law Copyright Copying 52

Plagiarism Today

JANUARY 4, 2023

According to Google, there were at least 50 instances of copying, some of which were “word-for-word”. However, Google is far from the first to make this argument, as we saw something similar happen in the European Union in 2019. Copy and Paste Roundup. What both of these cases have in common is the issue of impartiality.

Plagiarism 213

Plagiarism Copying Reporting Licensing 213

Plagiarism Today

AUGUST 18, 2021

A Long History of Copying. However, it wasn’t the end of Epic Games’ issues with copying. At least five of those lawsuits were dismissed by March 2019 due to the lack of a proper copyright registration. In 2019, it was estimated to have made $1.8 Their copying is flagrant, but unlikely to be illegal.

Plagiarism 246

Plagiarism Copying Artwork Copyright Infringement 246

Velocity of Content

JANUARY 9, 2024

Ignoring Copyright is Risky Business Research in the life sciences depends in part on the ability to acquire and share scientific information, particularly journal articles, in a timely manner. When an article is purchased for download, it is typically only authorized for the use of the individual user who purchased it.

Copyright 98

Copyright Journalism Licensing Copyright Infringement 98

Plagiarism Today

MARCH 15, 2022

Though the name originates from an August 2021 article by Reeves Wiedeman and Lila Shapiro in Vulture , many reporters had written about the story well before that, including an October 2018 article in Publishers Weekly and a December 2020 article by the New York Times. No pirated copies were ever leaked. Bottom Line.

Plagiarism 212

Plagiarism Publishing Copying Reporting 212

Fish & Richardson Trademark & Copyright Thoughts

JUNE 15, 2022

PDF copy available. This article provides a brief review of the Sotera decision and examines how prior art stipulations have been used by practitioners to date. On June 13, 2019, Patent Owner Masimo served a nine-patent infringement suit against Sotera in the Southern District of California. Masimo Corporation. Natera, Inc.,

Art 88

Art Journalism IP Litigation 88

Kluwer Copyright Blog

NOVEMBER 16, 2023

It therefore held that there was a violation of the positive obligation of the State of Azerbaijan to effectively protect intellectual property (IP) pursuant to Article 1 of Protocol 1. Copyright as Protected Possessions Article 1 of Protocol 1 protects “the right to peaceful enjoyment of possession”.

Copyright 91

Copyright Copying Copyright Law Publishing 91

Plagiarism Today

AUGUST 24, 2022

A few hours later, he dug into another one of Porter’s books and found that whole paragraphs of it were taken from an article written by two other authors 2018. However, as I pointed out in 2019 , Amazon could solve this problem quickly and easily. The plagiarism, to put it modestly, was both flagrant and obvious.

Plagiarism 287

Plagiarism Publishing Copying Copyright 287

Plagiarism Today

APRIL 20, 2022

Web scraping has been one of the longest-running themes on this site, with the first articles about it going live as far back as 2006. . For much of the web’s recent history, we scraping commonly referred a technique through which spammers would copy content from a website and republish it, either rewritten or verbatim.

Licensing 242

Licensing Government Plagiarism Copyright 242

Plagiarism Today

SEPTEMBER 21, 2021

In July 2019, YouTuber James St. All this raises a simple question: Did the series copy St Onge’s work? Onge and others who spotted the similarities, someone who worked on the series closely copied or even traced St. This leaves little doubt that, somewhere along the way, copied images made it into the show.

Plagiarism 200

Plagiarism Graphic Design Copying Artwork 200

TorrentFreak

JANUARY 10, 2024

TV Report on the Arrests According to the authorities, 30-year-old Tuan sought to buy source code for the sites back in 2019. The aim was to launch services that would distribute movies to the public, without permission from rightsholders, for the purpose of generating illegal profits from advertising.

Advertising 91

Advertising Advertising Reporting Copying 91

IPilogue

SEPTEMBER 22, 2022

Mike Burgersburg published multiple articles critical of cryptos on his blog hosted on Substack. Then, a company called UNFT News copied those articles and published them on their website but post-dated them. 1) Groups acting as large-scale operations trying to remove critical news articles.

Copyright 105

Copyright Blogging Plagiarism Publishing 105

The IPKat

DECEMBER 29, 2021

Section 4 of the report refers to detentions at the EU border and is based on data uploaded into DG TAXUD’s COPIS (the EU-wide anti- Co unterfeit and anti- Pi racy information S ystem) by the customs authorities of all the Member States. Maritime and road transport were the primary means for detained articles. billion in 2019.

Reporting 128

Reporting Intellectual Property Marketing Marketing 128

IPilogue

MAY 19, 2022

A group of plaintiffs sued the musicians in the United States District Court in California over their 2019 release “ 10,000 Hours ,” alleging that they “ stole the core portion ” of the 1973 song “ The First Time Baby is a Holiday ” (“ First Time” ).

Copyright Infringement 126

Copyright Infringement Copyright Music Copying 126

TorrentFreak

NOVEMBER 30, 2022

Other announcements carry too little information to warrant an article. Hollywood believes that these ‘cam’ copies cause significant damage to the cinema industry, an opinion shared by the UK’s Film Distributors’ Association. Movies Were Shared on TorrentGalaxy. FDA & FCPA Call For Backup.

Cinema 124

Cinema Intellectual Property Copying Government 124

IPilogue

OCTOBER 28, 2021

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. The Act defines a “useful article” as having a utilitarian function, which encompasses most clothing. There are notable exceptions.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

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.

Copying 103

Copying Copyright Law Copyright Social Media 103

Plagiarism Today

MARCH 14, 2022

However, the grant application contained significant plagiarized text from three online articles and another paper. In his statement, he says that this proposal was originally filed in 2019 and, despite the proposal doing well, it wasn’t funded then. This is, without a doubt, sloppy writing and, to borrow from the ORI, reckless.

Plagiarism 181

Plagiarism Editing Settlement Copying 181

Kluwer Copyright Blog

DECEMBER 11, 2023

A newly introduced article on “Obligations for providers of general-purpose AI models” includes two distinct requirements related to copyright. More interestingly, the provision explicitly links the use of copyrighted works for training AI models to the text and data mining (TDM) exception in Article 4 of the CDSM Directive.

Copyright 145

Copyright Copyright Law Publishing Public Domain 145

The IPKat

AUGUST 8, 2022

But, for those who are yet to pick up a copy, here is what is in store: The EU legislature adopted Directive 2019/790 on Copyright in the Digital Single Market (DSM) in 2019. Many readers will already be familiar with this title, since it won our IPKat book of the year award 2021 for best copyright book!

Marketing 80

Marketing Marketing Copyright Intellectual Property 80

IPilogue

OCTOBER 31, 2022

However, it can take a lot of resources to add watermarks to each copy of a file or printed product and then detect them once more. Furthermore, based on article 17.4 November 29, 2019). Artificial Intelligence & Intellectual Property, 2019, Available at SSRN: [link].

Technology 111

Technology IP Intellectual Property Copyright 111

Fish & Richardson Trademark & Copyright Thoughts

MARCH 14, 2022

Read the full article on Law360. PDF copy available. When those early motions are removed, it becomes clear that the District of Delaware routinely grants motions to stay pending IPR after institution—the percentage of stays granted rises to 88%, 91%, and 90% for 2019, 2020, and 2021, respectively. Power Integrations, Inc. ,

Litigation 52

Litigation Patent Art Licensing 52

The IPKat

APRIL 11, 2022

Along with the DSM Directive, this law also implemented Directive (EU) 2019/789 on online transmissions of broadcasting organisations and retransmissions of television and radio programmes. Article 15 is likely to be applied to news articles that might in some cases be important to the public.

Publishing 116

Publishing Law Television Licensing 116

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

This article explores the growth of AI technologies and the reasons for the limited footprint of AI disputes before the PTAB, which provides early lessons that can be used to extrapolate future trends. Read the full article on Bloomberg Law. PDF copy available. A Bloomberg Law article noted that U.S. 2019-00555 (P.T.A.B.

Law 40

Law Patent Technology Art 40

The IPKat

FEBRUARY 3, 2023

It is evident that the eventual scope of Section 29A owed to the possibilities and constraints under Article 5(3)(a) of the InfoSoc Directive. It is evident that the eventual scope of Section 29A owed to the possibilities and constraints under Article 5(3)(a) of the InfoSoc Directive.

Government 141

Government Related Rights Copyright Law 141

Kluwer Copyright Blog

MARCH 14, 2024

Photo by Christian Wiediger from Unsplash This article continues the tradition of reporting on the copyright case law of the German Bundesgerichtshof, the highest German civil court for copyright matters (Federal Court of Justice – “BGH”). This article is divided into two parts.

Law 64

Law Music Copyright Art 64

IP and Legal Filings

OCTOBER 28, 2022

71 of 2019, dated October 10, 2019, regarding the Provision of Electronic Systems and Transactions. Additionally, pursuant to Article 25 of the ITE Law, electronic information and electronic documents formed into an intellectual work, internet site or intellectual work contained therein are protected by intellectual property rights.

Non-Fungible Tokens 88

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 88

LexBlog IP

AUGUST 30, 2023

Copies of emails between the parties provided to the Court proved that opinions had been exchanged before the composition of the products was finalised. Articles 4(1) and (3) concern the individual powers of the author on moral rights and article 12(2) concerns the transfer of intellectual rights (property and moral).

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

IPilogue

MAY 4, 2022

In Canada and the United States , copyright infringement generally requires two components to be present: 1) copying of work in which copyright subsists, and 2) this copying was a “substantial part” of the original work. This also prevented musicians from copyrighting themes in music, and a song’s composition or general pattern.

Copyright Infringement 119

Copyright Infringement Music Copyright Copying 119

The IPKat

JUNE 23, 2023

During Summer 2019, Mercredie became aware of the fall-winter 2019 advertising campaign, entitled #MajeMyDogandI, by ready-to-wear company Maje. As a result, Mercredie sent a cease-and-desist letter to the French brand on 16 September 2019. First of all, the Court, relying on a combined reading of articles L. 112-1 and L.

Copyright 95

Copyright Cease and Desist Copyright Infringement Publishing 95

Patently-O

AUGUST 17, 2021

Corsair purchased the companies in 2019, but by that time the litigation with Valve was well underway. Valve submitted a printout of Burns and argues that it was a printed copy of an online review of a Scuf controller from 2010. Here, a simple comparison of the Exhibit with the ’525 Burns article confirms their near identity.

Art 123

Art Litigation Publishing Inventor 123

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. In 2019, the Court of Appeal of Turin upheld the decision at first instance. A final appeal to the Italian Supreme Court followed. How can this conclusion be right?

Designs 134

Designs Design Copyright Registration 134

The IPKat

JUNE 17, 2023

Would you say that Cattelan’s work (realized for an exhibition in Miami in 2019) is an unauthorized reproduction of the 2001 work below, titled Banana and Orange , and thus an infringement of the copyright vesting in it? Of course, that is not all: Comedian has in fact also sparked litigation in the USA.

Copyright Infringement 143

Copyright Infringement Copyright Art Artistic Work 143

Garrigues Blog

JULY 27, 2021

The World Intellectual Property Organization (WIPO) has published its World Intellectual Property Indicators Report 2020 , which contains valuable information on changes in intellectual property indicators and trends worldwide, from 2018 to 2019, as we discussed in this post. Trademarks. of global filing activity, with the remaining 15.7%

Intellectual Property 52

Intellectual Property Designs Design Trademark 52

IPilogue

NOVEMBER 15, 2021

Larson first commenced legal action at the start of 2019 following a number of attempts by Ms. Dorland will need to show: (1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original. Dorland originally posted on Facebook.? . On June 10, 2018, Ms. Copyright Office. 19-cv-10203-IT), Ms.

Art 105

Art Copyright Infringement Copyright Copying 105

LexBlog IP

MAY 19, 2023

.” [5] When the original and the copy share a similar purpose, there is a concern that the copy will substitute for the original. The majority found that AWF’s licensing of the “Orange Prince” copy to Condé Nast is not a substantially different purpose than Goldsmith’s photograph.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52