The IPKat

JULY 15, 2021

AG Saugmandsgaard Øe Is Article 17 of Directive 2019/790 (DSMD) compatible with the EU Charter of Fundamental Rights , notably its Article 11 and the principle of freedom of expression and information? He considered that the only option available to the CJEU is to either save or annul Article 17 in its entirety.

Copyright 104

Copyright Law Related Rights Technology 104

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 arrived at the same ruling as in Cordoba II in another judgment in 2019 called Testversion.

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Law Copyright Television Copyright Infringement 52

TorrentFreak

AUGUST 6, 2021

According to the latter, IWUF is the “ultimate copyright holder” of all material related to IWUF competitions and demonstrations, which includes footage of competitions. Missingham told the Court that in late 2019 he became aware of around 24 videos posted to the Wushuleaks channel that he identified as IWUF copyright works.

Copyright Law 144

Copyright Law Government Copyright Law 144

The IPKat

DECEMBER 15, 2023

In early 2019, Ms Y noticed that several of her other photos were still available online and had been altered. On 8 July 2019, Ms Y unsuccessful addressed a cease-and-desist letter to L'Oréal. After ruling out L'Oréal's contractual liability, the court addressed the infringement of the photographer's copyright. 112-1 and L.

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Copyright Infringement Copyright Cease and Desist Intellectual Property 124

The IPKat

JUNE 18, 2023

On June 19, 2022, Belgium adopted a copyright law that transposed Directive (EU) 2019/790 into the Belgian Code of Economic Law. This copyright reform entered into force on August 1, 2022. online platforms] referred to in Article XI.228/10. 18 of the Directive (EU) 2019/790. 18 of the Directive.

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Music Copyright Art Copyright Law 78

Kluwer Copyright Blog

DECEMBER 11, 2023

Among these rules, which were one of the main areas of contention between Council and Parliament until the very end, the final compromise includes two provisions relevant to copyright. A newly introduced article on “Obligations for providers of general-purpose AI models” includes two distinct requirements related to copyright.

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Copyright Copyright Law Publishing Public Domain 145

Kluwer Copyright Blog

SEPTEMBER 24, 2023

The Greek legislator, while implementing the CRM Directive , included in the Copyright Law an interesting (and unexpected) provision (Article 22 (2) Law 2121/1993) according to which certain public libraries (mostly academic and school libraries) were exempted of the exclusive public lending right.

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Copyright Law Law Music Publishing 117

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. I. Copyright protection 1.

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Law Music Copyright Art 64

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

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

Patently-O

MAY 13, 2024

This time, the Supreme Court might actually decide whether the “discovery rule” applies to the Copyright Act’s statute of limitations. Copyright law provides that “[n]o civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued.”

Copyright 52

Copyright Copyright Law Music Law 52

IPilogue

SEPTEMBER 22, 2022

Image Source: Lumen, Over thirty thousand DMCA notices reveal an organized attempt to abuse copyright law. 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.

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Copyright Blogging Plagiarism Publishing 105

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

Garrigues Blog

APRIL 16, 2024

One interpretation considered that article 270 of the CC only protected the artistic work taken individually, but not when it was included on a product intended for commercial use (clothing, handbags, purses and other items). e) of Legislative Royal Decree 1/1996 of April 12, 1996, approving the revised Copyright Law (“ LPI ”).

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Art Artistic Work Law Designs 59

Kluwer Copyright Blog

FEBRUARY 20, 2024

years after the implementation deadline, Poland still had to implement the provisions of the 2019 Copyright in the Digital Single Market Directive into national law. This “explicit clarification” can be found in the text of the proposed implementation for both articles 3 and 4 of the CDSM directive.

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Copyright Law Copyright Law Government 143

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 64

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

The IPKat

FEBRUARY 17, 2022

Can a work entirely created by a machine be protected by copyright? In 2019, the Copyright Office rejected the application, holding that human authorship is necessary to support a copyright claim. The application stated that the Work had been autonomously created by a computer algorithm running on a machine.

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Copyright Artistic Work Copyright Law Contracts 145

IP and Legal Filings

OCTOBER 28, 2022

While NFT platforms are not yet specifically regulated, they are subject to the provisions on Electronic System Providers (“ESPs”) contained in several regulations, as follows: • Law No. 11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.•

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 88

The IPKat

APRIL 5, 2022

JI 2020) was a minor one with only one change to the JI 2007, i.e., replacing one of the legislation’s grounds from the General Principles of the Civil Law to the Civil Code of China (See the IPKat post on the Civil Code of China here ).

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Law Business Marketing Marketing 95

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. This is contrary to the U.S.

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Intellectual Property Designs Design Copyright 116

Patently-O

APRIL 18, 2024

.” In November 2018, Thaler filed an application with the Copyright Office seeking to register a copyright in this AI-generated work. The Copyright Office refused registration in August 2019, stating that it “cannot register this work because it lacks the human authorship necessary to support a copyright claim.”

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Copyright Law Copyright Registration Inventor 62

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. Copyright as Protected Possessions Article 1 of Protocol 1 protects “the right to peaceful enjoyment of possession”.

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Copyright Copying Copyright Law Publishing 91

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

Plagiarism Today

MARCH 8, 2022

As we discussed back in 2019 , the case itself didn’t have a significant impact on the legal landscape of copyright. In My Feelings and Nice for What were both released in early-to-mid 2018, Dancing with a Stranger was released in January 2019 and Levitating in March 2020. Though reduced to $5.3

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Music Copyright Infringement Copyright Copyright Law 210

The IPKat

FEBRUARY 3, 2023

As it is discussed at greater length elsewhere ( here ), TDM is an example of an area in which legislative intervention has been broadly justified by reference to the need of freeing up certain copyright-covered spaces to facilitate research and increase innovation and competitiveness.

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Government Related Rights Copyright Law 141

IPilogue

JUNE 14, 2022

Tanzim Rashid is an IP Innovation Clinic Fellow and a 2L JD/MBA Student at Osgoode Hall Law School & the Schulich School of Business. This article was written as a requirement for Prof. At the heart of Taylor’s decision was an often overlooked but significant legal distinction in the copyright law governing the music industry.

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Music Contracts Ownership Licensing 120

TorrentFreak

JUNE 28, 2022

An overview of all the sites is included at the bottom of this article. The case originally started in 2019, when MultiChoice Kenya sent takedown notices to the providers, hoping they would block the sports streaming sites. The revised law allows rightsholders to issue takedown requests to ISPs.

Intellectual Property 119

Intellectual Property Copyright Government Copyright Law 119

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

The IPKat

DECEMBER 4, 2023

Background In 2017, the Court of First Instance of Turin dismissed the request to invalidate the Vespa Italian 3D mark (corresponding to the appearance of the 2005 Vespa LX model) and found that the Chinese company – through its own Ves model – had infringed Piaggio’s trade mark rights and copyright held in Vespa.

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The IPKat

FEBRUARY 17, 2022

The use of the Little Mermaid by Berlingske In 2019 and 2020, the newspaper used the statue twice without permission from Eriksen's heirs. The second use was in the context of an article with a photography of the Little Mermaid wearing a face mask and the caption: “Are you afraid of corona?

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Copyright Law Copyright Law Publishing 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 Designs Design Registration 87

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 219

Kluwer Copyright Blog

OCTOBER 17, 2023

Indeed, human creators seek compensation for the novel use of their intellectual efforts while AI firms aim to maximize the free harvesting of data (including copyright-protected materials) for training their algorithms. Lately, IP offices and the judiciary have started to decide on the copyrightability of AI-generated outputs.

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Copyright Art Copyright Law Licensing 124

Kluwer Copyright Blog

FEBRUARY 22, 2023

Photo by Christian Wiediger from Unsplash The implementation transposition of the Copyright Directive 2019/790 (DSMD) in the summer of 2021 represented probably the greatest reform in German copyright law since the German Copyright Act (UrhG) came into force. Germany’s implementation of Art.

Copyright 52

Copyright Law Copyright Law Contracts 52

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

SpicyIP

JULY 29, 2021

Firstly , education , which is not only a copyright exception but a fundamental right under Article 21A, is imparted outside of government-owned institutions as well. According to the AISHE Report 2019-20, 66.3% Another major issue is that it only superficially touches upon issues relevant to copyright law.

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Copyright Reporting Fair Use Copyright Law 119