Technology & Marketing Law Blog

MAY 17, 2024

First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. But it won on a different and, in many respects, much broader legal theory: conflict preemption with copyright law.

Blogging 103

Blogging Contracts Fair Use Copyright Law 103

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

The IPKat

DECEMBER 26, 2023

As readers may be aware, Articles 18-22 of the Directive (EU) 2019/790 (DSM Directive) [IPKat coverage here ] establish protective measures for authors and performers that license or transfer the exclusive economic rights over their works and performances to third parties for the purpose of exploitation.

Contracts 62

Contracts Designs Design Copyright Law 62

LexBlog IP

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. Copyright Office by year for the last 10 years.

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Registration Designs Design Copying 40

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.

Copyright 145

Copyright Artistic Work Copyright Law Contracts 145

The IPKat

JUNE 9, 2023

It was dedicated to the best and worst copyright and design cases of the past 20 years. Lord Justice Arnold, opening the first panel (photo: Neil Graveney) Lord Justice Arnold opened the panel, suggesting Infopaq ( C-5/08 ) as both the best and the worst copyright case (and certainly the most influential).

Reporting 70

Reporting Music Designs Design 70

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

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.

Designs 134

Designs Design Copyright Registration 134

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.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Plagiarism Today

JANUARY 5, 2022

Winnie-the-Pooh is likely the most culturally relevant character to enter the public domain since 2019, when works started entering the public domain again in the United States due to the Sonny Bono Copyright Term Extension Act. This has raised widespread speculation as to what this means for Disney and the character’s future.

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Public Domain Art Publishing Plagiarism 353

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 must have been the key insight at the Polish Culture and National Heritage Ministry when the new administration took over and discovered that more than 2.5

Copyright Law 143

Copyright Law Copyright Law Government 143

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

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

Plagiarism Today

SEPTEMBER 21, 2021

In July 2019, YouTuber James St. Graphic design is credited to award-winning graphic designer Jeremy Samples, so it's disappointing they would copy instead of producing original artwork. This has made Disney something of a copyright villain to many online and off. Onge identifies as an award-winning graphic designer.

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Plagiarism Graphic Design Copying Artwork 199

SpicyIP

OCTOBER 27, 2023

Challenges Under IP Law Dark patterns are deceptive or manipulative design elements or techniques used in user interfaces to trick users into taking actions they may not want to take. Misuse of copyrighted content: It also includes misuse of copyrighted material, such as using images or content without permission to mislead users.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

IPilogue

MARCH 18, 2022

Mr. Harold Thomas, the artist and copyright holder of the Australian Indigenous Flag (“the Flag”) is an Elder of the Indigenous community. He designed the Flag in 1971 as a symbol of Indigenous resilience and representation. Thomas is held to be the creator and owner of the copyright in the Flag.

Government 120

Government Copyright Ownership Copyright Law 120

SpicyIP

DECEMBER 29, 2023

Original work by a human The court held that the image qualifies as an original work of human intellectual achievement under applicable Chinese copyright law. Through various prompts, the plaintiff designed the character, the composition and layout of the image. Baidu (Beijing Internet Court, 2019) and Shenzhen Tencent v.

Copyright 59

Copyright Copyright Infringement Copyright Law Copying 59

IPilogue

SEPTEMBER 22, 2022

Image Source: Lumen, Over thirty thousand DMCA notices reveal an organized attempt to abuse copyright law. Lumen is a project launched by the Berkman Klein Center for Internet & Society at Harvard University that was specifically designed to examine this problem.

Copyright 105

Copyright Blogging Plagiarism Publishing 105

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.

Copyright 124

Copyright Art Copyright Law Licensing 124

Kluwer Copyright Blog

FEBRUARY 2, 2023

These include (and may be limited to) Hong Kong ( section 11(3), Copyright Ordinance ), India (section 2(d)(vi), Copyright Act, 1957 ), Ireland ( Art. Registration was refused in August 2019, in line with previous US case law and guidance. We were not aware that the image may have been created by AI” 2.

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Copyright Art Fair Use Registration 145

Kluwer Copyright Blog

MARCH 14, 2024

Part I covers decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. Part II will focus on copyright contract law and claims under copyright law. I. Copyright protection 1.

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Law Music Copyright Art 64

Patently-O

AUGUST 31, 2021

SAS argues that it made a “plethora of creative choices” in developing its material, and that creativity is more than sufficient to satisfy the originality requirements of copyright law. Thus far, the courts have disagreed with SAS and rejected its copyright assertions. 621 (2019). 571 (2019).

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

Copyright Lately

AUGUST 22, 2021

Back in May, I wrote about an overzealous copyright infringement lawsuit filed by Rachel Dolezal , the woman best known for mispresenting her racial background. The complaint raised concerns that Dolezal was using copyright law to purge the historical record of her controversial past, while seeking substantial monetary damages in the process.

Copyright 87

Copyright Fair Use Settlement Designs 87

Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2019); Worldwide Church of God vs Phila. 4th 1149 (9th Cir. 3d 723, 743 (9th Cir. Church of God, Inc.,

Fair Use 136

Fair Use Privacy Copyright Technology 136

CopyrightsWorld

APRIL 29, 2022

Last Monday, the Copyright Office issued a fresh ruling rejecting a request to copyright an AI-generated artwork. “Visions of a Dying Brain” created by AI. ” An Exchange of Letters with the Copyright Office. .” ” An Exchange of Letters with the Copyright Office. says the author.

Copyright 98

Copyright Artwork Public Domain Copyright Law 98

TorrentFreak

NOVEMBER 13, 2022

Under powers inherited from the Ministry of Communications, telecoms regulator Anatel (Agência Nacional de Telecomunicações) together with movie group Ancine (Agência Nacional do Cinema) will also implement an internet blocking system designed to disrupt IPTV pirates’ ability to do business. A reported 1.5 Most recent actions below).

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Cinema Television Reporting Privacy 90

LexBlog IP

SEPTEMBER 24, 2021

.” This is exactly what happened to Jaguar Land Rover in its claim against Land Wind (Jiangling Motors) in China for copying of Jaguar Land Rover’s car design. 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.

IP 52

IP Intellectual Property Design Patent Copyright Infringement 52

The IPKat

SEPTEMBER 29, 2022

Ubertazzi was one of the leading intellectual property academics in Italy (as well as a great lawyer), founder and editor of the most important Italian copyright journal (AIDA) and editor and author of the most widely used Commentary on Italian intellectual property laws. WIPO conference hall – picture by David Matthiessen) Prof.

Reporting 82

Reporting Copyright Intellectual Property Artistic Work 82

The IPKat

OCTOBER 3, 2022

October 26, 2022 | Bird & Bird | "Webinar: The DSM Directive one year on (part II) Article 15: A power shift back to the publishers?" | online Article 15 of Directive 2019/790 builds on and follows a number of national initiatives aimed at remedying declining revenues in the press sector.

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Registration Intellectual Property IP Copyright 62

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. India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts.

Reporting 116

Reporting Designs Design Copyright 116

SpicyIP

JULY 29, 2021

Fonts & Typefaces: Are they Copyrightable? . But as I will discuss in this post, they fulfill the eligibility criteria as provided under the Copyright Act, 1957. Typeface’ refers to the particular design of letters, numbers, marks and symbols. Debunking the ‘no copyright for fonts’ Argument. Shivam Kaushik.

Copyright 126

Copyright Artistic Work Copyright Law Fair Use 126

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

The IPKat

JUNE 29, 2023

The proverb came to my mind in the light of the recent copyright reforms in Nigeria (2023), South Africa (ongoing) and Kenya (2019 and 2022) and the hope and expectations regarding the far-reaching changes that the legislative reforms would occasion. See Katposts here , here and here. Cats in collaboration.

Copyright 67

Copyright Government Copyright Law Licensing 67

CopyrightsWorld

APRIL 29, 2022

Last Monday, the Copyright Office issued a fresh ruling rejecting a request to copyright an AI-generated artwork. “Visions of a Dying Brain” created by AI. ” An Exchange of Letters with the Copyright Office. .” ” An Exchange of Letters with the Copyright Office. says the author.

Copyright 98

Copyright Artwork Public Domain Art 98

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.

Law 64

Law Copyright Law Copyright Contracts 64

Kluwer Copyright Blog

JULY 11, 2022

That copyright was found to have been infringed by the creators of an ‘interactive dining experience’ which used Del Boy and the other main characters from ‘Only Fools and Horses’, one of the most successful British TV comedies of the 1980s and 1990s. It is noteworthy for a number of reasons.

Copyright Infringement 114

Copyright Infringement Copyright Music Intellectual Property 114

IPilogue

NOVEMBER 15, 2021

Copyright Office. Larson first commenced legal action at the start of 2019 following a number of attempts by Ms. The legal issues at hand call back into the spotlight an age-old question that courts have always struggled with answering in copyright law—where does one draw the line between when a work can and cannot be protected?

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Art Copyright Infringement Copyright Copying 105