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

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).

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Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

IP and Legal Filings

MARCH 12, 2024

To protect the right of creators, Copyright law was introduced, fostering creative innovation. Copyright Law and Insufficient Injunctions The British Statute of Anne, 1710, was the first copyright statute. Indian Journal of Intellectual Property Law, 11, 179-204. link] Sareen, M.

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Intellectual Property Copyright Journalism Copyright Infringement 79

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

Intellectual Property Law Blog

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. Perlmutter, et.

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Copyright Copyright Law Artistic Work Ownership 147

IIPRD

OCTOBER 28, 2023

Catchphrases in Copyright and Trademark Law Copyright law guarantees artists the protection of their creative work while allowing others to expand upon it through its legislations. are generally not protected by copyright law. 541 of 2019. In Reebok India v. iii] §13, The Coyright Act, 1957. [iv]

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The IPKat

NOVEMBER 2, 2022

7 February 2023 – Centre for Law, Society and Popular Culture, University of Westminster: “ Issues and Developments in Entertainment Law ” (Portland Hall, University of Westminster, UK) The seventh annual lecture delivered by Sir Richard Arnold will centre around issues and developments in entertainment law from an intellectual property perspective.

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Intellectual Property Law Blog

JANUARY 11, 2023

Copyright Office by year for the last 10 years. Copyright Office while register the software aspect of the designs (e.g., source code) under copyright law. Copyright Office, there is no need to concern about the leakage of the deposits. Here is the number of mask works registered with the U.S.

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Indiana Intellectual Property Law

MARCH 4, 2024

According to the complaint, in 2019, Sadowski created and copyrighted a photograph titled “062219garbagetruck4CS,” depicting the bustling streets of New York City. While he holds the licenses to his photographs, court documents explain that Sadowski allows entities to purchase a one-time-use license for themselves.

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Copyright Infringement Copyright Licensing Publishing 52

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 83

The IPKat

MAY 22, 2022

The Institute for Intellectual Property and Market Law (IFIM) at Stockholm University is proud and delighted to announce its new, in-person event to be held in English at Stockholm University on Thursday, June 2, 2022, on the topic: 'The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze'.

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Kluwer Copyright Blog

JUNE 20, 2023

In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law.

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The IPKat

NOVEMBER 20, 2022

24-25 November 2022 | ERA | " Annual Conference on European Copyright Law 2022 " (Tier, Germany and online) On 24 and 25 November 2022, ERA will host its hybrid annual conference that will update intellectual property lawyers on ongoing EU initiatives and recent ECJ case law in the field of copyright.

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Intellectual Property Intellectual Property Law Registration Licensing 76

IIPRD

MARCH 1, 2023

The general position in intellectual property laws states that upon the assignment of the copyright by the artist over his artwork to another legal entity, the artist cannot enjoy any economic benefits attached to the artwork. Rethinking Copyright and Personhood.” Yoo, Christopher. Artists Rights Directive.

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Artwork Intellectual Property Journalism Copyright 98

Kluwer Copyright Blog

JANUARY 10, 2022

The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part II by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó. The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part I by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó.

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Non-Fungible Tokens Blogging Copyright Marketing 92

Velocity of Content

JUNE 16, 2022

The US Copyright Office has announced that beginning on Thursday, June 16, 2022 , “the first ever copyright small claims forum, the CCB will provide an accessible and efficient option for resolving copyright disputes involving claims up to $30,000.”. It is now therefore part of US copyright law, Title 17.

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Law Social Media Intellectual Property Law Copyright 52

Intellectual Property Law Blog

JANUARY 11, 2023

Copyright Office by year for the last 10 years. Source : www.copyright.gov/history/annual_reports.html Year 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 # of MW 33 0 20 156 27 25 28 84 279 203 Even though the number of registered mask works is not enormous, they are still an important component of chip companies’ IP portfolio.

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Registration Designs Design Copying 130

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

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Ownership Copyright Fair Use Intellectual Property 52

Kluwer Copyright Blog

NOVEMBER 24, 2022

The notion of stewardship (H R Howe, ‘Copyright limitations and the stewardship model of property’ (2011) 2 IPQ 183-214) is instrumental to expanding the scope of the analysis on vulnerable authors (e.g. A copyright lawyer will be familiar with legal issues on subject matter, originality, authorship and ownership.

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Copyright Intellectual Property Moral Rights Ownership 95

The IPKat

AUGUST 24, 2021

In 2014, a total of nine regulations came into force, each of which presented a significant change to UK copyright law. It is a compact and no-nonsense guide to the often complex interrelations between the visual arts and intellectual property law.

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Art Copyright Editing Publishing 98

Kluwer Copyright Blog

NOVEMBER 8, 2021

Top 3 Kluwer Copyright Blog posts. 1) The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part II by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó. In this Part II we discuss copyright law aspects of NFTs, with a focus on the EU copyright acquis.”

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Blogging Non-Fungible Tokens Law IP 52

IIPRD

JULY 4, 2021

However, the word emoji itself is not subject to protection awarded to intellectual property in general, but unlike the Indian Law, the US Law awards protection to emoji in certain cases. This may be explained by taking into consideration copyright, trademark as well as other intellectual property regimes.

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Intellectual Property Copyright Law Trademark Trademark Law 40

IP and Legal Filings

FEBRUARY 20, 2024

Despite the judiciary’s efforts to address the concerns under current intellectual property laws like copyright and trademark, the absence of relevant and specific provisions for the protection of personality rights has started to pose a serious threat. National Law School of India Review , 31 (1), 125–148.

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Personality Rights Privacy Social Media Intellectual Property 61

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.

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Reporting Copyright Intellectual Property Artistic Work 82

SpicyIP

OCTOBER 27, 2023

Misuse of copyrighted content: It also includes misuse of copyrighted material, such as using images or content without permission to mislead users. This violates copyright laws and may lead to legal actions for copyright infringement.

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Intellectual Property False Advertising Designs Design 52

Kluwer Copyright Blog

FEBRUARY 28, 2022

At the time that Directive 2019/790/EU ( DSM Directive ) was being developed, much media attention was focussed, over a period of many months, on the liability of online content sharing service providers for content uploaded by their users. 8 UrhDaG); general responsibility under copyright law for user uploads is established in Sec.

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Art Copyright Law Copyright Law 56

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.

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Blogging Copyright Contracts Cease and Desist 78

Kluwer Copyright Blog

JANUARY 25, 2022

Amongst the many examples in which fundamental rights have demonstrated their value and their essential function, recent reforms in European copyright law have underlined their importance for the European legal order. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition.

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Copyright Intellectual Property Copyright Law Law 60

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. iii] While intellectual property remedies are painfully slow, the internet is on the cutting-edge of fast paced communication. xxiv] Intellectual property law recognizes a limited monopoly-esque property right for the creator.

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Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

FEBRUARY 9, 2022

As a matter of principle, the exercise of the exclusive rights under copyright is the author’s individual prerogative: it is the author who decides whether they wish to authorize the reproduction or communication to the public of their works (the same goes for the performer, the producers, the broadcaster or the news publisher).

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Copyright Licensing Art Publishing 52

Kluwer Copyright Blog

APRIL 20, 2022

Having three frameworks (Article 17 services, non-Article 17 services, and the BBS Act on the side) will become difficult to handle when copyright law is developing fast and in all directions. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. 79, the BBS case ).

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Copyright Intellectual Property Law Public Domain Copyright Law 56

SpicyIP

MARCH 15, 2022

Mili is a graduate of Institute of Law, Nirma University, currently completing her LLM at LSE. Her areas of interest are Information Technology law, Intellectual Property law, Media & Communication Law, and human rights law. . Image from here. Introduction.

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Kluwer Copyright Blog

JANUARY 20, 2022

At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art. 17 DSM Directive 2019/790 (“DSMD”). More from our authors: Law of Raw Data.

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Reporting Copyright Art Copyright Infringement 98

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). by Christopher Heath. €

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Cease and Desist Copyright Government Publishing 115

Kluwer Copyright Blog

MARCH 28, 2022

In this sense, the case represents yet another evidence of the weak impact of the CJEU’s harmonizing efforts on national copyright flexibilities, and highlights, once again, the pressing need for a legislative intervention to realize a greater convergence between Member States’ copyright laws in action. by Christopher Heath. €

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LexBlog IP

JANUARY 10, 2024

” Since the first statutory Crown copyright provision in section 18 of the UK Copyright Act of 1911, the scope of the right has been further refined to assure copyright protection to “works ‘by an officer or servant of the Crown in the course of his duties.’” ’” Id. ’” Id.

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Ownership Copyright Government Intellectual Property 52

IP and Legal Filings

AUGUST 14, 2023

2017) <[link] accessed on 11 June 2023 Facebook Twitter LinkedIn WhatsApp The post The Choice Of Law Debate In Copyright Infringement first appeared on IPLF. Garimella and S. Jolly (eds.)2017)

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