Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Generative AI Computer-generated art reached a tipping point in 2022.

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SpicyIP

JUNE 26, 2022

The Finished Article: Essays on Indian Designs Law. I am delighted to take this opportunity to share with the SpicyIP community the release of my book, The Finished Article: Essays on Indian Designs Law (Thomson Reuters, 2022, ISBN-13: 978-9393702173). Eashan Ghosh.

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Kluwer Copyright Blog

DECEMBER 1, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for OCSSPs (“online content-sharing services providers”).

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Velocity of Content

OCTOBER 26, 2022

The 2022 Charleston Conference is being held in a two-tiered hybrid model this year, with the in-person element being held November 1-4 in Charleston, SC and the virtual element broadcast on November 14-18. Moderated by Casey Pickering, Director, Product Marketing, CCC. Learn more about the Charleston Conference here. .

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LexBlog IP

SEPTEMBER 18, 2023

Dubai’s luxury real estate market has witnessed a remarkable boom, attracting investors and high-net-worth individuals from all corners of the world. In this article, we research the legal considerations that reinforce this prosperous luxury real estate sector in Dubai. Article 3 of Dubai Law No.

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Technology & Marketing Law Blog

JANUARY 5, 2023

2022 WL 17737285 (D. The website is not set up to permit third parties to independently post articles. 2022 WL 4456077 (C.D. July 29, 2022). Google LLC v Defteros [2022] HCA 27. 2022 WL 2181068 (N.D. 2022 WL 2181068 (N.D. June 16, 2022). 2022 WL 3586166 (N.D. Doe, 2022 WL 3030788 (E.D.

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Kluwer Copyright Blog

OCTOBER 9, 2022

According to Article 16 EU DSM Directive 2019/790 (“DSM Directive”), a “publisher” may have a claim to a share of the author’s statutory remuneration claims – such as fair compensation for private copies – if the author has granted the “publisher” a right in his work. But who is this “publisher”? Image by Sang Hyun Cho from Pixabay.

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Kluwer Copyright Blog

NOVEMBER 29, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for “online content-sharing services providers” (OCSSPs). International licence (CC BY 4.0).

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The IPKat

APRIL 23, 2022

Here's what Anna Maria and Lorenzo write: Parasitic advertising on UEFA Euro 2020: Italian Competition Authority imposes first sanction for ambush marketing by Anna Maria Stein and Lorenzo Maniaci Ambush Kat By its decision No. Since May 2020, ambush marketing has been regulated in a comprehensive manner in Italy by Law No.

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Technology & Marketing Law Blog

JULY 12, 2022

I’m pleased to announce the 2022 edition (13th edition) of my Internet Law casebook, Internet Law: Cases & Materials. For my thoughts about self-publishing an ebook casebook, see this article. For what it’s worth, this year I’ll teach the course in Spring 2023 instead of Fall 2022). a hardcover version for $28.

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Kluwer Copyright Blog

JANUARY 24, 2022

By the date of the implementation deadline a mere three Member States had fully implemented the directive, and by the end of 2021 a total of 11 Member States had fully implemented the provisions of the DSM directive into national law and one more (Denmark) had implemented Articles 17 and 15. The Member States: United in diversity.

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LexBlog IP

DECEMBER 20, 2023

The report (available here ) includes crucial information on the EU border and EU internal market detention of goods during 2022. On the other hand, the estimated value of the detained goods increased by almost Euro 100 million (from Euro 847 million in 2021 to Euro 943 million in 2022).

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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. July 18, 2022).

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Kluwer Copyright Blog

SEPTEMBER 14, 2022

This blog post is a scene-setter for the GFF/COMMUNIA conference “ Filtered Futures – Fundamental Rights Constraints of Upload Filters after the CJEU Ruling on Article 17 of the Copyright Directive ” taking place in Berlin on September 19, 2022. A live stream of the conference will be available here. filter and block) user uploads.

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Kluwer Copyright Blog

APRIL 20, 2022

As promised in an earlier contribution , I will provide a more reasoned exploration of the Swedish proposal to Article 17 DSM Directive in view of the fact that the Ministry of Justice did not opt for the copy-paste implementation technique. 1. Hors d’oeuvre: deconstructed Article 17 served on traditional copyright law principles.

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The IPKat

FEBRUARY 5, 2023

The IPKat has received and is pleased to publish another guest contribution by Danish Katfriends Jakob Plesner Mathiasen , Hanne Kirk and Thit Nymand Nisbeth (all Gorrissen Federspiel) tackling influencer marketing from an IP perspective. This emerging breed is - very tellingly - called influencer marketing.

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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

JANUARY 9, 2023

Article 17 survives, but freedom of expression safeguards are key: C-401/19 – Poland v Parliament and Council by João Pedro Quintais. [T]he This post provides a refresher on the contents of Article 17, followed by a brief highlight of the main takeaways to kick-off the discussion. Since then, courts in the U.S.

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The IPKat

SEPTEMBER 20, 2023

by Devanshi Saxena As a researcher on GIs and sustainable development, I have been enthusiastically following the developments on the two new proposals for EU regulations on GIs ( Regulation 2022/0115 and Regulation 2022/0089 ). Article 40(3) therein explains the powers and responsibilities of producer groups. here and here ).

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43(B)log

NOVEMBER 28, 2022

Marketing, Sales Practices & Prods. 2022 WL 17174950, -- F.4th The district court dismissed the operative complaint in this putative class action for lack of Article III standing. A senior marketing director allegedly “vetoed” this and another weight recommendation. In re Evenflo Company, Inc., 22-1133 (1st Cir.

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The TTABlog

DECEMBER 23, 2022

INTA has published the November-December, 2022 (Vol. The issue also features a book review on ambush marketing. " Book Review: Ambush Marketing and Brand Protection: Law and Practice , by Phillip Johnson , reviewd by Désirée Fields. 6) issue of The Trademark Reporter (TMR). pdf here ]. Gerhardt and Jon J. Text Copyright John L.

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Kluwer Copyright Blog

JUNE 17, 2022

The Article 17 judgement has raised as many new questions as it has provided answers. There is broad agreement among commentators that Member States must implement Article 17 using a combination of ex ante and ex post measures against overblocking. The impact of the Article 17 judgement beyond copyright.

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TorrentFreak

DECEMBER 28, 2022

On December 13, the United States Attorney for the District of Maryland confirmed that more than 50 domains had been seized to protect FIFA World Cup 2022. The live sports streaming piracy market is both huge and global. domains and almost 15% of the domain market overall, that looks normal. For now, at least. – 9goal.tv.

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The IPKat

SEPTEMBER 4, 2023

The decision considered what it means for "the product" in Article 3(a) to be protected by a marketing authorisation (see also IPKat: The SPC alphabet ). The marketing authorisation in the case specifically recited the active ingredient "safinamide". The presence of levodopa in the label for XADAGO is not a surprise.

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The IPKat

MAY 11, 2022

On 26 April 2022, the Court of Justice of the European Union (CJEU) delivered its long-awaited judgment in Poland v European Parliament and Council (C-401/19). The Court held Article 17 of the DSM Directive compatible with freedom of expression and information under Article 11 of the EU Charter of Fundamental Rights.

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Intellectual Property Law Copyright Copyright Infringement 104

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Latinfood won summary judgment on the claim under Article 7, whose sole remedy is to grant priority. Also, because Latinfood registered the Zenú mark in the U.S.,

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LexBlog IP

FEBRUARY 28, 2023

As we settle into a new calendar year, we reflect on the Australian Competition and Consumer Commission’s ( ACCC ) 2022/2023 compliance and enforcement priorities announcing, amongst other priorities, their commitment to resolving consumer and fair trading issues regarding environmental claims and sustainability.

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Kluwer Copyright Blog

JULY 7, 2022

Welcome to the second trimester of the 2022 round up of EU copyright law! Polish challenge of Article 17 CDSM, C-401/19. On 26 April 2022, the CJEU finally derlivered its judgment, the main focus of which was the Polish challenge of Article 17 of the CDSM Directive. Photo by Markus Spiske on Unsplash.

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Patently-O

SEPTEMBER 26, 2022

It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. A quick recap: Despite dozens of interesting and important cases, the Supreme Court denied all petitions for writ of certiorari for the 2021-2022 term. 2022) (written description). by Dennis Crouch. American Axle (cert denied).

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Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! On 24 March 2022, the CJEU issued its judgment in the Austro-Mechana case which tackles the private copying exception and the compensation for the reproduction and storage of copyright material in the cloud. European Parliament and Council, Digital Markets Act.

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Copyright Law Copyright Law Music 60

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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IP Watchdog

APRIL 26, 2022

The Court of Justice of the European Union (CJEU) has rejected a legal challenge to Article 17 of Directive 2019/790 on Copyright in the Digital Single Market. European Parliament and Council, ECLI:EU:C:2022:297.) Case C-401/19 Republic of Poland v. The challenge was brought by the government of Poland.

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Technology & Marketing Law Blog

MARCH 30, 2022

Mic covered this criticism in a story, “ Twitter is skewering the ‘New York Post’ for a piece on why a man ‘won’t date hot women.’ ” The Mic article included a screenshot of the NY Post article, including a portion of the licensed photo, at the top of its story. Market Effect. March 29, 2022). Nature of the Use.

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43(B)log

OCTOBER 11, 2022

19-11461-PBS, 2022 WL 4630231, F.Supp.3d 30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. The BPM market is large. Pegasystems Inc.

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The IPKat

APRIL 13, 2022

The fate of one its key provisions – Article 17 – is still unknown due to the pending judgment of the Court of Justice of the European Union (‘CJEU’) in Poland v Council and Parliament , C-401/19. A significant number of EU Member States is yet to complete the national transposition process, despite the deadline of 7 June 2021.

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Kluwer Copyright Blog

JUNE 6, 2022

In this contribution, we look at the future of content moderation after the recent decision of the Grand Chamber of the CJEU of 26 April 2022 on the validity of Article 17 CDSM with regard to freedom of expression.

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JD Supra Law

JUNE 30, 2022

Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. This is the June edition of Anchovy News. In this issue we cover: Domain name industry news, including: Israel launches new IDN.?????, By: Hogan Lovells

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