The IPKat

MAY 29, 2024

The notion of originality is key to copyright law. This time, this Kat found a recent decision issued by the Tribunal judiciaire (TJ) of Rennes concerning the alleged infringement of copyright in a scientific paper. Facts Ms J, a university research professor, has published numerous scientific articles.

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Copyright Infringement Copyright Publishing Intellectual Property 62

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.

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Copyright Journalism Licensing Copyright Infringement 98

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. . The BGH also rejected a risk of first offence of an infringement of the right of distribution in Germany.

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Law Copyright Television Copyright Infringement 52

TorrentFreak

AUGUST 6, 2021

According to a judgment published by the Federal Court of Australia this week, the International Wushu Federation (IWUF) – the world governing body for kung fu – is attempting to identify the person who posted allegedly copyright-infringing videos to YouTube.

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Copyright Law Government Copyright Law 145

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

Plagiarism Today

MARCH 8, 2022

If you follow copyright news, you likely have been seeing countless stories of popular musicians being sued for alleged copyright infringement in their work. . As we discussed back in 2019 , the case itself didn’t have a significant impact on the legal landscape of copyright. Though reduced to $5.3

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Music Copyright Infringement Copyright Copyright Law 217

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

IPilogue

JULY 14, 2022

Ehud Yonay authored the 1983 California magazine article that inspired Top Gun. Shosh and Yuval claim that Paramount has infringed on the copyright to Ehud’s article which they own as of January 24 th , 2020. Notably, Shosh and Yuval’s legal team are leading professionals in copyright law.

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Copyright Copyright Infringement Copyright Law Litigation 106

Kluwer Copyright Blog

MARCH 18, 2024

Photo by Christian Wiediger from Unsplash Part I of this annual post reporting on the copyright case law of the German Bundesgerichtshof covered decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. IV. Copyright contract law (Sections 31 et seqq.

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Law Copyright Law Copyright Contracts 62

IPilogue

JANUARY 14, 2022

Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. Top 10 Most Read IPilogue Articles Published in 2021.

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IP Copyright Infringement Inventor Intellectual Property 106

IPilogue

OCTOBER 28, 2021

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. Copyright Office.

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Plagiarism Today

MARCH 30, 2022

First of which is a document sighted by Masihzadeh in 2019 that reportedly says Farhadi is the originator of the concept. However, I know very little about Iranian copyright law. and European copyright law. Though much of copyright law is fairly standardized internationally, it may or may not apply to Iran.

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Plagiarism Copyright Law Reporting Copyright 222

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law.

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Art Artwork Intellectual Property Copyright Law 52

Kluwer Copyright Blog

NOVEMBER 16, 2023

Photo by Udo Pohlmann via Pixabay Over the last decades, European lawyers got used to the – at times remarkable and even forceful – interventions of the Court of Justice of the EU (CJEU) in copyright law. He sues for copyright infringement and claims damages. In this debate, Article 6(2) WCT was often invoked.

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Copyright Copying Copyright Law Marketing 90

IPilogue

NOVEMBER 15, 2021

Larson first commenced legal action at the start of 2019 following a number of attempts by Ms. Dorland’s copyright infringement claims were allowed, while her claim for intentional infliction of emotional distress was denied.? In order to prove copyright infringement , Ms. 19-cv-10203-IT), Ms.

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Art Copyright Infringement Copyright Copying 105

Kluwer Copyright Blog

OCTOBER 17, 2023

In a nutshell, generative AI raises two main copyright issues that branch off into further sub-problems which in turn intercept (if not collide with) some fundamental rights, especially freedom of artistic expression, freedom of art and science and the right to science and culture (Arts. In 2019, the U.S. UDHR, and 15.1

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Copyright Art Copyright Law Licensing 122

The IPKat

MARCH 10, 2022

The Milan court accepted to enforce Longchamp’s 3D EU trade marks (EUTMs) protecting the shape of Le Pliage , but refused to acknowledge that copyright protection could also vest in such a design. The Court finally established unfair competition due to slavish imitation in accordance with Article 2598 No 1 Italian Civil Code.

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IP Intelligence

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. at 1291 (Gorsuch, J., concurring).

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Fair Use Licensing Music Art 105

Kluwer Copyright Blog

FEBRUARY 2, 2023

.” (For a comment, see here ) The DABUS team (the Artificial Inventor Project ) starting testing copyright law back in 2018, seeking to register with the US Copyright Office (USCO) A Recent Entrance to Paradise , an image created by DABUS.

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Copyright Art Fair Use Registration 145

Copyright Lately

AUGUST 22, 2021

Recent decisions suggest courts are losing patience with those who bring dubious copyright infringement claims as part of their business models. Back in May, I wrote about an overzealous copyright infringement lawsuit filed by Rachel Dolezal , the woman best known for mispresenting her racial background.

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Copyright Fair Use Settlement Designs 89

LexBlog IP

SEPTEMBER 24, 2021

After their patent battle from 2014 to [2019], the design patents of Jaguar Land Rover and Land Wind for their off-road vehicles were invalidated by each other. In 2016, Jaguar Land Rover sued Land Wind for copyright infringement and unfair competition before the Beijing Chaoyang District People’s Court.

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IP Intellectual Property Design Patent Copyright Infringement 52

IP Tech Blog

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

Designs 57

Designs Design Copyright Design Patent 57

Technology & Marketing Law Blog

DECEMBER 27, 2021

this article ) and is now generating truckloads of cash for many lawyers. Yet, none of them successfully discouraged a copyright claim over recipes… Carly Ann Kessler , Oppenheim & Zebrak, LLP [she changed her name to Carly Kessler Rothman]. MN) (left the case in 2019). Kristine Allison Tietz, Robins Kaplan L.L.P. (MN)

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Copyright Social Media Copying Blogging 142

LexBlog IP

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

Designs 52

Designs Design Copyright Intellectual Property 52

IPilogue

JULY 14, 2021

This article was previously posted on Bereskin & Parr LLP’s website on June 25, 2021. Bonnie Hassanzadeh is an IPilogue Senior Editor , IP Innovation Clinic Fellow , and a 3L JD Candidate at Osgoode Hall Law School. . . Manufacturers’ Copyrights. He is also a co-leader of the COVID-19 practice group.

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IP Copyright Invention Technology 106

IIPRD

NOVEMBER 14, 2023

Upendra Baxi, COPYRIGHT LAW AND JUSTICE IN INDIA Author(s): Upendra Baxi Source : Journal of the Indian Law Institute , October-December 1986 , Vol.28,No.4Published 4Published by : Indian Law Institute Stable URL : [link] , 28 497 (1986). AHUJA, LAW RELATING TO IPR (LexisNexis Publication 2017). 4] Alexander S.

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

Blogging 82

Blogging Copyright Contracts Cease and Desist 82

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

LexBlog IP

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. ” (S. ” Id. ” Id. ” Id.

Fair Use 52

Fair Use Licensing Music Art 52

IP Intelligence

JUNE 6, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. at 1291 (Gorsuch, J., concurring).

Fair Use 40

Fair Use Licensing Music Art 40

Velocity of Content

JULY 8, 2021

In March, 2019, the US Supreme Court released its decision in Fourth Estate Public Benefit Corp. And someone, maybe your brother-in-law with a law degree, says, “Hey, what about your copyrights? he’s on a roll now: “What about your liability, if one of your readers pastes a whole article in the Comments section?”

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Copyright Blogging Intellectual Property Registration 81

SpicyIP

AUGUST 2, 2021

Starting off with the copyright exceptions, she writes about how the Standing Committee Report views the exception to infringement under Section 52 as widely scoped and detrimental to the publishing industry and authors.

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Reporting Designs Design Copyright 116

LexBlog IP

DECEMBER 3, 2021

While a brand owner can go after an infringing domain name using the Uniform Dispute Resolution Policy (“UDRP”), the UDRP does not have a mechanism to immediately take down a counterfeit website. [4] Using Copyright Law to Fight Fakes. Copyright law also provides an avenue of protection for brand owners.

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Branding Brands Branding Intellectual Property 52

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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Copyright Fair Use Copyright Law Law 137

Kluwer Copyright Blog

SEPTEMBER 14, 2022

This blog post is a scene-setter for the GFF/COMMUNIA conference “ Filtered Futures – Fundamental Rights Constraints of Upload Filters after the CJEU Ruling on Article 17 of the Copyright Directive ” taking place in Berlin on September 19, 2022. The adoption of the CDSM Directive marked several turning points in EU copyright law.

Settlement 59

Settlement Copyright Intellectual Property Copyright Infringement 59

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. Goldsmith counterclaimed for copyright infringement. 2019.) Originals [Album]. 2019 NPG Records, Inc.

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Kluwer Copyright Blog

NOVEMBER 29, 2021

Article 17 has been a (the) leading buzzword of the copyright reforms of the European Union in recent years (at least half a decade already). As of June 6, 2021, however, only a handful of Member States have implemented Directive 2019/790/EU (Copyright in the Digital Single Market; hereinafter CDSMD).

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Cease and Desist Copyright Government Publishing 112