Technology & Marketing Law Blog

JANUARY 3, 2023

2022 WL 16555584 (S.D.N.Y. 31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense. Buzzfeed, Inc.

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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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IP Watchdog

DECEMBER 27, 2022

The Constitution empowers Congress to enact federal copyright laws because the Founders recognized that the best way to advance the public interest is by enabling creators to pursue their own private interests. Of course, that doesn’t stop the detractors from throwing as many monkey wrenches as they can.

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The IPKat

MARCH 13, 2022

Kat- quotation There is little doubt that one of the most (if not the most) significant exceptions in copyright law is the one relating to quotation, criticism or review. All this is testimony to the importance of this copyright exception.

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Kluwer Copyright Blog

MAY 3, 2022

A conference jointly organized by the Department of Law of the University of Cyprus and the H2020 project reCreating Europe – Nicosia, 31 October – 1 November 2022. The event will take place on 31 October – 1 November 2022 at the Faculty of Law of the University of Cyprus, in Nicosia, and will be offered in a blended format.

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Copyright Intellectual Property Law Public Domain Intellectual Property 98

IPilogue

MARCH 8, 2022

Since last March, the IPilogue featured plenty of articles showcasing achievements by prominent women, noteworthy IP lawsuits involving women and barriers that women artists and entrepreneurs continue to face. David Vaver (7 March 2022). Centering Artists’ Voices Within IP Discourse by Emily Chow (1 March 2022).

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The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

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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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Velocity of Content

JANUARY 9, 2024

In a 2023 report published by EndPoints News , it is suggested that for 2022, an estimated 70% of US FDA approvals for new treatments originated in small companies when compared to 66% in 2021. In  In addition to this, 6,918 clinical programs were reported in 2022 with an astonishing 77% originating from small companies.

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Copyright Journalism Licensing Copyright Infringement 98

The IPKat

JULY 14, 2022

The always-busy Katfriends at the Academy of European Law (ERA) in Trier have thus informed The IPKat that they are launching – in collaboration with Maastricht University – a new European Patent Litigation Certificate (EPLC) , which will run in person (in Trier) and online between September 2022 and July 2023.

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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.

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Copyright Lately

APRIL 6, 2024

A federal court has shot down a copyright infringement lawsuit claiming that Top Gun: Maverick flew too close to a 1983 magazine article that inspired the original film. The plaintiffs enlisted writer and professor Henry Bean to opine on the similarities between Yonay’s article and the sequel film.

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Copyright Copyright Infringement Social Media Licensing 93

The IPKat

APRIL 5, 2022

On 16 March 2022, the Supreme People’s Court of China (SPC) issued the Judicial Interpretation by the SPC on Several Issues Concerning the Application of the Anti-Unfair Competition Law (AUCL; see the translation by WIPO Lex here ) of China (JI 2022; full context here in Chinese), which took effect on 20 March 2022.

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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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The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. These rules were introduced in the 2021 amendment to Article 1360 of the Civil Code.

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TorrentFreak

JANUARY 4, 2024

In 2022, a platform called Pirate Library Mirror appeared on the scene, courting controversy right from the start after obtaining a full copy of Z-Library before the site’s legal troubles began. “We deliberately violate the copyright law in most countries. million books and 99.4 million papers for download.

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IPilogue

JANUARY 31, 2023

Serena Nath is an IPilogue Writer and a 2L JD candidate at Osgoode Hall Law School. On November 3, 2022, the United States Postal Inspection Service seized the Z-library site and all of its domains, and all of their DNS servers, effectively shutting down the site.

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IPilogue

JULY 14, 2022

As of June 6, 2022 a claim has been filed by Shosh Yonay and Yuval Yonay against Paramount Pictures Corporations for all “gains, profits and advantages Paramount has derived” from the Top Gun sequel. Ehud Yonay authored the 1983 California magazine article that inspired Top Gun.

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Copyright Copyright Infringement Copyright Law Litigation 106

Kluwer Copyright Blog

JANUARY 23, 2024

While some digital topics have been known to cause a great commotion in copyright circles only to later sink practically without a trace, unless I am mistaken, the issue of the copyright implications of AI is different. This brings the case law of the CJEU on the concept of communication into play. Here, the general rules apply.

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Copyright Infringement Copyright Law Journalism 124

The IPKat

OCTOBER 11, 2022

Article 108(3-bis) clarifies in fact that non-profit uses of cultural heritage items for purposes of study, research, freedom of expression or creative expression, and promotion of the knowledge of cultural heritage do not require authorization. As the name indicates, Le Musée intends to celebrate art.

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Kluwer Copyright Blog

JANUARY 31, 2023

The BGH had previously worked on the basis that ‘Stoererhaftung’, as the implementation of Article 8(3) of the Copyright Directive (2001/29), had to be interpreted in line with the Directives but that perpetrator and participant liability, for example, did not. That has now changed. The new BGH liability model for hosting providers 1.

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Copyright Law Copyright Law Copyright Infringement 52

IP Watchdog

FEBRUARY 22, 2022

You may have heard that on January 1, 2022, Winnie-the-Pooh and the other characters from the Hundred Acre Wood are now in the public domain. But did you know that not all of Christopher Robin’s friends are treated the same in the eyes of copyright law? The characters have multiple authors, including A.A.

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TorrentFreak

FEBRUARY 17, 2023

On one hand, unauthorized mass copying and distribution of movies, TV shows, and music is widely recognized as copyright infringement. When scientific papers and academic articles enter the equation, the ground suddenly starts to shift. The agreements pertain to the publication of books; Elbakyan is accused of distributing articles.

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IP Watchdog

AUGUST 13, 2023

The past year has provided decades' worth of developments across law and policy in the areas of artificial intelligence (AI) and machine learning (ML) technologies. If 2022 was the breakthrough year for accessible AI, then 2023 can so far be deemed as the first year of likely many more to come in the era of an AI inquisition.

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Copyright Infringement Copyright Law Litigation Copyright 98

TorrentFreak

NOVEMBER 13, 2023

Yet despite reported progress, including an overhaul of Vietnam’s copyright laws and promises to crack down on piracy, including the formation of a specialist anti-piracy unit , nothing has had any visible effect. over the same period in 2022. As of October 2023, the number of pay TV subscribers in Vietnam reached 18.7

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The IPKat

AUGUST 27, 2023

As explained by ERA: After the successful start of a first course in December 2022, ERA, as a renowned provider of professional training in EU law, and Maastricht University, as an international university of excellence, will offer a second high-standard course giving patent attorneys the best tools to litigate before the UPC.

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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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TorrentFreak

JULY 18, 2023

In common with content created in other fields, photographs generally enjoy protection under copyright law, allowing photographers to determine who can duplicate and/or distribute their work. Photographers Alexis Hunley and Matthew Brauer posted several of their copyrighted works on Instagram.

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Copyright Infringement Copyright Copying Social Media 80

Patently-O

APRIL 18, 2024

.” After requests for reconsideration were denied, Thaler filed suit against the Copyright Office in June 2022, arguing that “requiring human authorship for registration of copyright in a work is contrary to law.” But, this causation element is not developed in either the code or the case law.

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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. Broadening the UK E&L?

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Kluwer Copyright Blog

DECEMBER 8, 2022

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. Current EU copyright framework. Image by Mediamodifier from Pixabay.

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The IPKat

MARCH 13, 2022

PermaKat Eleonora Rosati reminds you of the “ Retromark ” conference, which will be hosted by Darren Meale of Simmons & Simmons and the IPKat on Tuesday 24 May 2022. Be sure to register quickly! The full agenda and registration can be found here. GuestKat Jan Jacobi analyses the impact of Brexit on EUTM injunctions.

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The IPKat

OCTOBER 3, 2022

Writer and poet Juan Mollá López, professor and researcher Eleonora Rosati and the Organisation of Ibero-American States were awarded the Adepi 2022 Prize at a gala event at the Lázaro Galdiano Museum in Madrid on 22 September 2022. Read more here (in Spanish). For more information and to register for the event, click here.

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Patently-O

NOVEMBER 21, 2023

In it, the USPTO reaffirmed its prior interpretation of the phrase “design for an article of manufacture” and did not—as many had hoped—expand its interpretation of that phrase. In late December 2020, the USPTO published a request for information on “The Article of Manufacture Requirement.” 11380, 11381 (footnotes omitted).

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Patently-O

APRIL 3, 2022

Goldsmith (Supreme Court 2022). Although Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. Apparently Vanity Fair commissioned Warhol to make an illustration for its 1984 article on Prince. The published article acknowledges Goldsmith. by Dennis Crouch. Andy Warhol Foundation v.

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Kluwer Copyright Blog

SEPTEMBER 20, 2022

885/12 ) the European Court of Human Rights (ECtHR) finds that the defendant State violated Article 1 of Protocol No.1 In its judgment of 1 September 2022, the Court determines that Azerbaijan failed to enforce copyright in respect of the unlawful digital reproduction and communication of a published book. Article 17.1

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TorrentFreak

SEPTEMBER 20, 2022

million ebooks and almost 85 million articles available from its archives, Z-Library is a formidable educational resource. However, viewed from the perspective of publishers, Z-Library is not only unfair competition but also highly illegal under copyright law. Publishing Houses Take Action to Block Z-Library. With more than 11.2

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