TorrentFreak

MAY 1, 2024

Copyright law crafted decades ago to prevent infringement in an analog world has in many cases held up remarkably well in the digital age. Copying or reproduction remains relevant, as does the concept of distribution. In the United States, the existence of a loophole in copyright law had been an open secret for some time.

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Law Copyright Infringement Copyright Copyright Law 95

TorrentFreak

SEPTEMBER 29, 2021

With the 2020 United States presidential election campaign in full swing, then-President Donald Trump seized every opportunity to paint Democratic opponent Joe Biden in an unfavorable light. Effect of the Use on the Market for the Original. Purpose and Character of the Use. In an opinion and order handed down Tuesday by U.S.

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IPilogue

DECEMBER 9, 2022

The Court, by order dated 22 September 2020 , rejected the Defendants’ motion and allowed the Plaintiff’s motion for Partial summary judgement. The court opined that the dispute to copying does not arise as the defendants had admitted to copying the tattoo. The Court’s Conclusions. Citing Muhammad-Ali v.

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Fair Use Copying Licensing Copyright 112

Copyright Lately

APRIL 3, 2023

book publishers, rejecting the Internet Archive’s argument that its practice of scanning and lending digital copies of books qualifies as fair use under the Copyright Act. When the electronic version is “checked out,” the physical copy is taken out of circulation. ” What is Controlled Digital Lending?

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Fair Use Copying Publishing Copyright 71

Technology & Marketing Law Blog

MAY 13, 2024

. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

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Blogging Contracts Cease and Desist Social Media 96

IPilogue

OCTOBER 26, 2021

The decade-long dispute between Google and Oracle over computer code’s copyrightability finally came to an end on April 5, 2021. Supreme Court on October 7, 2020. copyright law. It is arguably, as Stanford law professor Mark Lemley coined it, “ the copyright case of the century. ” . In addition, Breyer J.

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Copyright Infringement Copyright Fair Use Settlement 111

IPilogue

JULY 21, 2021

In February 2020, a jury in the U.S. copyright laws by copying their source code, it also complained that Hytera infringed the federal Defend Trade Secrets Act. Kok, and G.S Kok, accessed more than 7,000 Motorola documents prior to joining Chinese rival company, Hytera Communications Corporation Limited (“Hytera Corp.”).

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Confidentiality Intellectual Property Technology Copyright Law 106

TorrentFreak

FEBRUARY 6, 2023

For the past several years, Chinese-manufactured Ubox IPTV boxes have flooded the market in Taiwan. Taiwan made amendments to copyright law that outlawed piracy-configured devices. Unsurprisingly, that did little to stop the flow or prevent China-based manufacturer Unblock Tech carrying on regardless.

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Reporting Copyright Law Copyright Government 126

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

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Blogging Copying Social Media Copyright 96

TorrentFreak

FEBRUARY 15, 2022

In 2020, Amazon teamed up with publisher Penguin Random House and authors including John Grisham, Scott Turow and Lee Child to sue several pirate ‘Kiss Library’ eBook sites operating out of Ukraine. When sales are replaced by pirated copies, authors earn a lot less. Congress and Google Must Do More.

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Social Media Publishing Copyright Law Copyright 103

IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Therefore, DCs cannot be freely transacted in the Chinese market.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

IP and Legal Filings

JANUARY 8, 2023

modification, and other forms of copying of the work fall under this category. Music as well as the movie industry are two common industries that face copyright issues on a day to day basis. The Indian Government enacted The Copyright Act of 1957 to protect the rights of artists from getting copied or pirated. Conclusion.

Copyright 75

Copyright Copyright Infringement Music Copying 75

TorrentFreak

AUGUST 24, 2021

In April 2020, a coalition of entertainment companies headed up by Universal, Paramount, Columbia, Disney and Amazon filed a copyright infringement lawsuit against the operators of ‘pirate’ IPTV service Nitro TV. channels, which are only possible to offer after content is copied and stored, contrary to copyright law.

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Television Copyright Infringement Advertising Advertising 133

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. 5 of 2020, dated November 16, 2020, regarding ESP in the Private Sector, as amended by MOCI Regulation No. Image source: iStock]. MOCI Regulation No. 10 of 2021, dated May 21, 2021.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

IIPRD

NOVEMBER 14, 2023

of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1] 4Published by : Indian Law Institute Stable URL : [link] , 28 497 (1986).

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Intellectual Property Due Diligence Journalism IP 59

43(B)log

OCTOBER 13, 2021

It begins with a depiction of a high-speed red train that displays “Trump Pence KAG [Keep America Great] 2020.” The use of the song itself in the video was “best described as a wholesale copying of music to accompany a political campaign ad.” 2020), aff’d, 855 F. The animated video was 55 seconds long. Netflix, Inc.,

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Fair Use Music Marketing Marketing 83

Velocity of Content

JULY 14, 2021

In response to these threatening conditions, many RROs are looking to broaden their offerings and to diversify the markets in which they operate. Revenues from the statutory educational license will start to be collected and new voluntary licenses are expected to be launched in the university market. York University.

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Copyright Licensing Marketing Marketing 98

LexBlog IP

MARCH 7, 2022

.” Additionally, despite the platform’s proclamation that it will take down videos containing copyright infringing videos, of the 81 million videos TikTok removed in the second quarter of 2021, fewer than 0.5% were copyright related. ” As a platform, TikTok is well known for its viral dances.

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Copyright Social Media Music Copyright Infringement 52

Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

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Fair Use Derivative Work Blogging Licensing 96

SpicyIP

APRIL 16, 2022

In the context of plagiarism, UGC has publicly problematized both ‘regular’ plagiarism ( through its 2018 Regulations for the ‘ Promotion of Academic Integrity and Prevention of Plagiarism in Higher Educational Institutions’ ) as well as ‘self-plagiarism’ (through a public Notice in 2020). liability, if any, under copyright law, 2.)

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Plagiarism Copying Higher Education Art 105

Kluwer Copyright Blog

OCTOBER 3, 2023

The C4 dataset, created by Google in 2020, is taken from the Common Crawl dataset, which is an open-source dataset and “ a massive collection of web pages and websites consisting of petabytes of data collected over twelve (12) years, including raw web page data, metadata extracts, and text extracts ” (§ I.78 76) (see here and here ).

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JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. ix] Just a brief glimpse at a meme can demonstrate just how little copyright protected material is used. [x] xii] These so called “rules for meme marketing” instruct corporate entities to be “authentic” and “relatable.”

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Copyright Infringement Copyright Intellectual Property Blogging 98

Michael Geist

AUGUST 3, 2021

.” The decision removes any doubt that the Supreme Court remains strongly supportive of user’s rights in copyright and vindicates years of educational policy in shifting away from Access Copyright toward alternative means of ensuring compliance with copyright law.

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Copyright Copying Copyright Infringement Licensing 100

LexBlog IP

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Tiffany created 250 NFTs and put them on the market.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. TL;DR: a copyright takedown notice that doesn’t meet the elements of 512(c)(3) cannot give rise to a 512(f) clam. Alper Automotive v.

Fair Use 103

Fair Use Cease and Desist Contracts Ownership 103

Kluwer Copyright Blog

JULY 16, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus.

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Blogging Law IP Fair Use 52

Kluwer Copyright Blog

MARCH 13, 2024

From this constitutional dimension of copyright emerged the notion of ‘user rights’ ( Geiger, 2020 ). Looking forward, it is essential to ensure that legitimate uses expressly foreseen by copyright law are enabled through better access to protected works.

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Copyright Art Licensing Contracts 121

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Build your market reputation. Trademarks. Make intangible assets.

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Social Media Intellectual Property Non-Fungible Tokens Music 45

SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? You can see his previous posts for us here. In Ashdown v.

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Fair Use Copyright Reporting Licensing 116

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. It also addresses changes to the German Collecting Societies Act (VGG) and copyright liability of online content sharing service providers.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

JIPEL Copyright Blog

APRIL 28, 2021

In fact, at the very start of lockdown in March and April 2020, Archive of Our Own (AO3), a very popular fanfiction site, found that their weekly site visits had gone up 60% from the same time the previous year. This is not to say that fanfiction is a new phenomenon, however.

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Derivative Work Fair Use Copyright Marketing 45

Technology & Marketing Law Blog

MAY 15, 2024

2020), the Second Circuit purported to reaffirm that “the discovery rule applies for statute of limitations purposes in determining when a copyright infringement claim accrues under the Copyright Act.” This Court could clarify that and do good in providing uniform administration of copyright law. at 37 (Scalia, J.,

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Music Blogging Copyright Ownership 95

LexBlog IP

JUNE 10, 2022

Goldsmith , the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law. The photographer, who had only been aware of one of the 16 images in the series, argued that Warhol had committed copyright infringement. The nature of the copyrighted work. Oracle America, Inc.,

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Fair Use Intellectual Property Copyright Copyright Infringement 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit involves sound recordings of 19 interviews that then-President Trump voluntarily gave to Woodward between December 2019 and August 2020, plus one interview from 2016 (when Trump was still a candidate). 101 ] Issue 1: Are the recorded interviews a copyright-eligible “work of authorship”? complaint filed Jan.

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Copyright Blogging Publishing Fair Use 120

IIPRD

FEBRUARY 27, 2021

On 12 th February 2021, Taylor Swift re-released one of her most famous songs “Love Story” the reason being as Swift told Good Morning America last August was, “My contract says that starting November 2020 … I can record albums one through five all over again.”. All copies are made from this recording. A Conglomerate.

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Music Branding Brands Branding 40

Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. ” Professor Smith considers silencing to be a form of “copyright weaponization,” which, despite its somewhat loaded name, simply refers to the use of copyright law to vindicate non-copyright interests.

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Copyright Derivative Work Fair Use Social Media 79

Technology & Marketing Law Blog

MARCH 29, 2023

Prutton admitted to copying and said that his adult daughter had helped him with his website. (A 2020), cert. The fourth factor, impact on the market place, was addressed by Prutton, with the defense that Oppenheimer never licensed the photograph. Screengrabs from October 29, 2019 from the Wayback Machine. ComicMix LLC, 983 F.3d

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Blogging Fair Use Copyright Copyright Notice 96