Kluwer Copyright Blog

JANUARY 6, 2022

2021-1382 of 25 October 2021 on the regulation and protection of access to cultural works in the digital age has been published in the Official Journal. It modifies the French Intellectual Property Code (‘IPC’). More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition.

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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 was taken down after one hour, as it was subject to a copyright notice by a news channel relying on the US DMCA. It is the first ever report by YouTube on copyright actions. 3 million), Copyright Match (ca.

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Kluwer Copyright Blog

JANUARY 18, 2022

Image by European Copyright Society. In November 2021, the Council of the European Union reached agreement on an amended version of this proposal , and on 20 December 2021, the European Parliament’s Committee on the Internal Market and Consumer Protection (IMCO) released a draft for an EP legislative resolution.

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JIPEL Copyright Blog

MARCH 21, 2022

ROMs which are possessed or distributed without the copyright holders’ permission likely violate copyright law in various ways. It is therefore possible that TOs would be liable for some form of secondary liability of copyright infringement. Emulators are widely, but not universally, thought to be legal.

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Kluwer Copyright Blog

JANUARY 10, 2022

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2022 to all of our readers, as well as reflect on developments in copyright over the past year. Part II analysed some of the copyright law implications of NFTs. YouTube Copyright Transparency Report: Overblocking is real by Paul Keller.

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JIPL Online

APRIL 9, 2021

Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] ii] Existing copyright law is ineffective in its application to new forms of digital media. i] Memes are also a form of communication that distinguishes generations.

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Indiana Intellectual Property Law

AUGUST 23, 2021

Copyright Office under Registration No. s (“Auralex”) website on July 13, 2021. Berman claims because the Photograph was copied, stored, and displayed without license or permission, Auralex infringed on her copyrights. for each infringement. . § for each infringement. VA 2-145-705. 501 et seq.

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Kluwer Copyright Blog

OCTOBER 28, 2021

A company that owned a website on which it unknowingly displayed a photographer’s photo without authorization could not assert a de minimis defense to copyright infringement, the U.S. De minimis use is not a copyright infringement defense but involves weighing the degree to which a protected work has been copied (Bell v.

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Kluwer Copyright Blog

FEBRUARY 11, 2022

Google prevails in what it has called “the copyright case of the decade.” In what Google has called “the copyright case of the decade,” the Court held that Google’s use included only those lines of code that were needed to allow programmers to create a new and transformative program. April 5, 2021).

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IPilogue

OCTOBER 1, 2022

Typically, tattoo aftercare instructions include strictly hygienic recommendations, but tattoo artist Kat Von D might have a unique suggestion: prepare to be an exhibit in a copyright infringement lawsuit. Back on February 7, 2021, award-winning professional photographer Jeffrey B. Sedlik (“Sedlik”) filed a complaint in the U.

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Kluwer Copyright Blog

DECEMBER 30, 2021

In a copyright infringement suit brought by a children’s clothing company against retailer Target Corporation, the U.S. Target Corporation, October 8, 2021, Per Curiam). Case date: 08 October 2021. A full summary of this case has been published on Kluwer IP Law. More from our authors: Law of Raw Data.

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Indiana Intellectual Property Law

JULY 26, 2022

According to the Complaint, the Defendant, Jason Bartel (“Bartel”), on or about May 2021 put The Works on a free online file sharing and storage site called “4Shared.com.” After sending Digital Millennium Copyright Act (DMCA) takedown notices the Foundation was able to have The Works taken off the site. 1125(a).

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Barry Sookman

JUNE 20, 2021

Computer and Internet Weekly Updates for 2021-06-12 [link] 2021-06-13. Bill 95: The Québec government’s desire to allow access and optimal use of its data [link] 2021-06-14. Getting Cyber Insurance Right: 5 Practical Tips [link] 2021-06-14. – Lawfare [link] 2021-06-14.

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Barry Sookman

DECEMBER 26, 2021

Computer and Internet Weekly Updates for 2021-12-18 [link] 2021-12-19. Brand Protection KPIs: How to Focus on Outcomes, Not Takedowns – INCOPRO [link] 2021-12-20. Can an Idea, Style or Method Be Protected Under the Copyright Act? link] 2021-12-20. No copyright in a style [link] 2021-12-20.

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IPilogue

APRIL 12, 2022

While useful, they raise concerns of potential copyright infringement. Though national governments are attempting to address copyright risks, the internet goes beyond borders. Japanese police arrested three people for posting a 10-minute move recap on June 23, 2021. million subscribers and 1400 videos.

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IPilogue

DECEMBER 9, 2021

Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. The etymology of the word may make sense, but can the same image be copied over and over without intellectual property repercussions? Copyrighting a Meme.

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Barry Sookman

AUGUST 8, 2021

Computer and Internet Weekly Updates for 2021-07-31 [link] 2021-08-01. Damages and injunction awarded in social media libel case Aslani v Sobierajska [2021] EWHC 2127 (QB) (28 July 2021) [link] 2021-08-01. New Brunswick, 2021 SCC 31 (CanLII) [link] 2021-08-01.

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Barry Sookman

AUGUST 15, 2021

Computer and Internet Weekly Updates for 2021-08-07 [link] 2021-08-08. Singapore’s Copyright Act Revisions: A Step in the Right Direction [link] 2021-08-11. Thompson, 20… [link] 2021-08-11. Sellers of preconfigured set top boxes liable for copyright infringement, Bell Canada v. link] 2021-08-11.

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Canadian Intellectual Property Blog

OCTOBER 13, 2021

INTRODUCTION In the recent 2021 decision of Winkler v. Hendley, 2021 FC 498 [ Winkler ], the Federal Court (the “Court”) addressed an unusual issue of copyright protection in a nonfictional work containing descriptions of events with questionable historical accuracy. the defendants, for copyright infringement.

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IPilogue

FEBRUARY 21, 2022

Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . . In July 2021, the Government of Canada launched a consultation on Artificial Intelligence (“AI”) and the Internet of Things (“IoT”). Included in these barriers was the uncertain applicability of section 3(1) of the Copyright Act.

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Barry Sookman

NOVEMBER 14, 2021

An unreal issue: managing IP in the metaverse [link] 2021-11-07. Computer and Internet Weekly Updates for 2021-11-06 [link] 2021-11-07. A Workspace by the CAI to assist with Bill 64 Compliance | McCarthy Tétrault [link] 2021-11-09. OSFI Technology and Cyber Risk Management [link] 2021-11-09. link] 2021-11-11.

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LexBlog IP

MARCH 7, 2022

In fact, some statistics have shown that, in 2021, TikTok overtook Google as the year’s most popular domain. However, as the platform becomes more popular, it opens its doors to a multitude of legal challenges with copyright infringement near the top of the list. were copyright related. .”

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Intellectual Property Law Blog

JUNE 5, 2023

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. 5] Following the Supreme Court’s decision in 2021 in Google LLC v. The nature of the copyrighted work. The amount and substantiality of the portion used in relation to the copyrighted work.

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Barry Sookman

JUNE 13, 2021

Computer and Internet Weekly Updates for 2021-06-05 [link] 2021-06-06. Federal Appeal Court ruling upholds first-ever court blocking order against Canadian ISPs [link] 2021-06-06. News release: Federal, Provincial and Territorial Information and Privacy Commissioners and Ombudsman Issue Joint R… [link] 2021-06-08.

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Indiana Intellectual Property Law

JANUARY 19, 2024

He has accused the defendants of unauthorized use and distribution of his copyrighted work. The complaint explains that the heart of the matter lies in Radic’s creation, a photograph titled “ Plaster falling off the ceiling ,” crafted in 2020 and officially registered under copyright law in 2021.

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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.

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Canadian Intellectual Property Blog

MARCH 17, 2021

Most people are familiar with patents and trademarks as the most common forms of intellectual property, however, copyrights and their importance as part of your overall portfolio of intellectual property assets are sometimes neglected. What rights does a copyright holder have? How long do copyrights last?

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Kluwer Copyright Blog

FEBRUARY 3, 2022

In February 2021, the High Court granted Ms Markle summary judgment on her claim for misuse of private information, and also on the central issues of her copyright claim. Ms Markle’s copyright claim. that Ms Markle’s copyright was outweighed by the Mail’s right to freedom of expression under Article 10 of the ECHR.

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IP and Legal Filings

OCTOBER 7, 2022

Additionally, the Covid-19 epidemic has sped up the process of digitization and renewed debate over online copyright. Through the Internet Protocol, the growing idea of intellectual property has successfully adapted the law over time to the online community. They need to be accepted by the law. Introduction.

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IPilogue

NOVEMBER 11, 2021

Emily Xiang is an IPilogue Writer, the President of the Intellectual Property Society of Osgoode (IPSO), and a 2L JD Candidate at Osgoode Hall Law School. . For fifty years, the Copyright Society of the USA (CSUSA) has invited numerous esteemed figures to present the annual Donald C. Brace Memorial Lecture.

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Kluwer Copyright Blog

FEBRUARY 28, 2022

17 of the DSM Directive, the Directive stipulates that online content sharing service providers like YouTube or Vimeo are now also responsible under copyright law for user uploads, if these providers fail to meet certain obligations. 8 UrhDaG); general responsibility under copyright law for user uploads is established in Sec.

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IPilogue

JANUARY 27, 2022

Over the past Fall 2021 semester, I have been privileged to participate in the Intellectual Property Law & Technology Intensive Program (IP Intensive) at Osgoode and complete a ten-week internship at the Canadian Broadcasting Corporation/Radio-Canada (CBC).

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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). Hungary (Péter Mezei).

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Kluwer Copyright Blog

OCTOBER 22, 2021

Internet platforms have enjoyed immunity both in EU law and overseas. Two years ago, a new Copyright Directive (CDSMD) entered into force. In doing so, intermediaries should ensure they account for the protection of some copyright exceptions, such as for criticism, quotation and parody.

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IPilogue

NOVEMBER 17, 2021

Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . In September 2021, Indigenous model and activist Quannah Chasinghorse turned heads at the Met Gala wearing a gold cut-out gown by Peter Dundas and traditional Navajo turquoise jewelry. Current State of the Law on Tattoo Designs.

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Kluwer Copyright Blog

MAY 9, 2022

2021) (available here ); “Warhol Print” also available here. 2021) (available here ). have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement. 2021) (hereinafter: Goldsmith ). 1183 (2021).

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Kluwer Copyright Blog

NOVEMBER 17, 2021

The right of distribution, as set out in European law in Article 4(1) of the InfoSoc Directive (2001/29), is found in Germany in Section 17(1) UrhG. In 2015, the BGH rendered a judgment on the right of distribution in two cases concerning copyright protected furniture offered for sale from Italy.

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